Agenda 05/21/1997 S COLLIER COUNTY
BOARD OF COUNTY COMI~ISSIONERS
AGENDA
May 21, 1997
5:05 P.M.
NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ri'EM MUST REGISTER PRIOR
TO SPEA_KING.
REQUESTS TO ADDRESS THE BOARD ON SUBJ'ECTS V~/IICH ARE NOT ON '/HIS AGENDA MUST
BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13
DAYS PR/OR TO THE DATE OF THE MEETING AND WILL BE ItEARD UNDER 'PUBLIC
PETITIONS".
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD
OF TIlE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE
THAT A VERBATIM RECORD OF THE PROCEEDI~IGS IS ]~ADE, WHICH RECORD INCLUDES
THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS
PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRMAN.
ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE
COUNTY COMMISSIONERS' OFFICE.
1. 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 lhe unincorporated
area of Collier County, Florida; by providing for Section One, Recitals; Section Two, Findings of
Fact; Section Thre~, Adop6on of Amendmenls to the Land Development (.'ode, more specifically
amending Article 1, General Provisions, Division 1.18. Law~; Incorporaled by Reference herein;
Arlicle 2, Zoning, Division 2.2 Zoning Districts, Permitted Use~, Conditional Use~, Dimensional
Standards, including fl~e addition of the Marco Island (MIZO), State Road 29 Commercial
(SR29COD) and Jefferson Avenue Commercial (JACOD) Zoning Overlay Di$1ricl,t; Division :l.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 Conslruction; Article 6, Division 6.3. Definitiort~, ineludin~ bul
not limited to the definition o1' Adult Living Facility, Care Unit, Continuing Care Retirement
Facility, Group Housing Facili.ry, and Nursing Home; amendment of the follm,,'ing official
Zoning Atlas Maps - MBIA. NflB2A, MB3A, MIB4A, MBSA, ]v~lB, M~2B. 1V[B3D', MB4B,
M.qBSB, MB6B. MBTB. MBSB. MY39B, N'~2C. MB3C, MBIC, MB5C, MB6C. M~TC. MBSC.
1
Ma.',' 2 I. 1997
lv039C. MB4D. IvIBSD. lv{i36D. Iv03'/D. IviBSD. MBgD. ]VIBIOD.I~35E. IvO36E. lv~37F., lvIB6F.
lv~39F - to re~lec~ the Marco Island Zoning ~ District __.3~_'_~tion and r~mov~
de~i~ation in orc~r to conform to the new Sec~on 2.2.26. of this Code; ameadmem of the
folio'.vins Official Zoning Atlas Maps - 6928S. 6932S. 6933S. 6933N. 7904N. 7905N - Io tr.t"u:ct
the SR 29 Commercial Or,lay DLs~ric~ designaticm in orde~ to conform to ~.~ r~cluir~nents of
new Section 2.2.27. of Lhis Code; am~'ndmem to the fo|lowins OlI~cial Zoning ~ IV~p -
6933S - Io r~ec~ Ih~ Jeff~'~on Avenue Commen:ial ~ Di.~:trict __,3e~_'_gnation in order to
conform to ti~ r~quiremen~s of n~w Section 2.2.28 of th~ Cod~; Section Four. ConVict and
Severability; Section Fiv~ Inclusion in the Code of Law~ nnd Ordinances~ and Section Six, an
cffectiv~
OTHER
ADJOURN
2
May 21, 1997
EXECUTIVE SUMMARY
AN ORDINANCE ANIENDING ORDINANCE NUMBER 91-102,
AS AMENDED, THE COLLIER COUNTY LA.ND
DEVELOPMENT CODE, WHICH INCLUDES THE
COMPREHENSIVE ZONING REGULATIONS FOR TIIE
UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA, BY PROVIDING FOR: SECTION ONE,
RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION
THREE, ADOPTION OF AMENDMENTS TO THE LAND
DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING
ARTICLE 1, GENERAL PROVISIONS, DIVISION 1.18. LAWS
INCORPORATED BY REFERENCE HEREIN; ARTICLE 2,
ZONING, DIVISION 2.2. ZONING DISTRICTS, PEPuMITTED
USES, CONDITIONAL USES, DIMENSIONAL STANDARDS
INCLUDING THE ADDITION OF THE MARCO ISLAND
(MIZO), STATE ROAD 29 COMMERCIAL (SR29COD) AND
.IEFFERSON 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, MB5A, MB1B, MB2B, MB3B,
MB4B, MB5B, MB6B, MB7B, MBSB, MB9B, MB2C, MB3C,
MB4C, MB5C, MB6C, MB7C, MBSC, MB9C, MB4D, MBSD,
MB6D, MB7D, MB8D, MB9D, MBIOD, MB5E, MB6E, MB7E,
MB6F, MBgF - TO REFLECT THE MARCO ISLAND ZONING
O~,~ERLAY DISTRICT DESIGNATION AND REMOVE THE
"RP" DESIGNATION IN ORDER TO CONFORM TO
NEW SECTION 2.2.26. OF THIS CODE; AMENDMEN'I
THE FOLLOWING OFFICIAL ZONING ATLAS MA
6928S, 6932S, 6933S, 6933N, 7904N, 7905N - TO REFLECT THE
SR 29 COMMERCIAl., OVERLAY DISTRICT DESIGNATION
IN ORDER TO CONFORM TO THE REQUIREMENTS OF
NEW SECTION 2.2.27. OF THIS CODE; AMENDMENT TO
THE FOLI,OWING OFFICIAL ZONING ATLAS MAP - 6933S
- TO REFLECT THE JEFFERSON AVENUE COMMERCIAL
OVERLAY DISTRICT DESIGNATION IN ORDER TO
CONFORM TO THE REQUIREMENTS OF NEW SECTION
2.2.28 OF THIS CODE; SECTION FOUR, CONFLICT AND
SE,,rEILABILITY; SECTION FIVE, INCLUSION IN THE
CODE OF LAWS AND ORDINANCES; AND SECTION SIX,
AN EFFECTIVE DATE.
OBJECTIyg: To have the Board of County Commissioner's review and approve the
proposed LDC amendments.
CONSIDERATIONS.: 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
shah conform to the restrictions set forth in the overlay whenever a permit is requested to
:',ructuraiiy 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 carried 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 of the Development Services 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
related to these p,'oposed LDC Amendments are discussed separately on the attached side
sheets. ,
No.
-2-
MAY g ~ 1997
~ROW'rH MANAGEMENT IMP._&.~ All of the proposed amendments have
been reviewed for compliance with the Orowth Management Plan ~md in fact have been
found to be in compliance with, and, in f~.ct, ~upportive of, the Collier County
Comprehensive Grov,'t.h Management Plan.
PREPARED BY:
CUR~NT PLANNING MANAGER
DATE
DONALD W. ARNOLD, AICP
PLANNING SERVICES DEPARTMENT DIRECTOR
1
VINCENT A. CAUTERO, ADMINISTRATOR DATE
COMMUNITY DEVELOPMENT &ENVIRONMENTAL SERVICES DIVISION
-3-
AGENDA ITEM
I~AY 2 I~ 1997
LDC Section Proposed Amendment
1.18. incorporation of Streetacape master
plan
2.2.2.2.2.5.c.
Various residential
sections referring to
ALFs 2.2.12.2.1.5;
13.2.1.9; 14.2.1.8;
2.2.15.2.1.13;
2.6.26.4; and
Division 6.3
2.2.12.1,
2.2.13.2.1
2.2.15.2.1.
2.2.162.1..39.
2.2.26.
2.2.27.&2.2.28
Amendment to limit accessory off
site hauling of fill in conjunction
with lxrmined agricultural uses in
the Agricultu. ra] district to 4,000
cubic yards. Accessory off-site
hauling of fill in excess of 4,000
cubic yards will be required to
request a Conditional Use approval.
Amendment to all applicable
sections of the LDC relative to
Assisted Living Facilities, addressing
the maximum intensity of such
facilities, and revising the definition
to reflect current State statues.
provisions
Amendment to C-I-C-I/T zoning
d/sma to allow medical office as a
per'mined use and to delete the same
use as a conditional use
Ehmmation of certain higher
intensity/non neighborhood
commercial fy'pc use from C-2
district.
Addition of certain health sen'ices to
the C-4 district which are generally
compatible with and accessory to
hospitals which are a permitted use
in the C-4 District
Amendment to the Industrial District
to eliminate wholesale distribution of
new and used passenger
automobiles, trucks, trailers and
other motor vehicles from the
industrial district and to require a
conditional use approval for such
uses.
Adoption of the Marco Island
Zoning Overlay District
Adoption of the SR-29 Commercial
Overlay District in Immokalee and
the Jefferson Avenue Commercial
Overlay District
DSAC CCPC Recommendation
Recommendation
Recommended approval
as presented by s~aff.
Recommended approval
with minor language
changes. Attached
amendment reflects
DSAC
recommendation.
Recommended approval
as presented by staff.
Recommended for
approval as presented
by staff.
Recommended for
approval as presented
by staff.
Recommended for
approval as presented
by staff.
No! recommended for
approval
Recommended for
approval with changes
proposed at first CCPC
hearing.
Recommended for
approval as presented
by staff.
Recommended approval as
presented by staff.
Recommended approval as
presented with DSAC
recommended ch~ges,
Recommended ap~proval as
presented by staff.
Recommended approval as
>resented by staff.
Not reviewed by CCPC at
first hearing.
Recommended for approval
as presented by staff.
Not recormnended for
approval. Not included in
amendment packet
Recommended for approval
with various changes.
Attached amendment reflects
all changes recommended by
CCPC as well as by County
Attorney's Office.
Recommended for approval
as presented by staff.
MAY 2, t 1997
Pi. ~
d
LDC Section Proposed Amendment DSAC CCPC Recommendation
Recommendation (Fiat Hearing)
2..4. (various Various minor amendments to Recommended for ;,ecommended for approval
Sections) Land.scape Code to correct typos and approval as presented as presented by staff.
a scriveners error, by staffwith one
exception, removal of
the requirement for a
freeze sensor.
2.6.2 I. (and various Amendments to Section 2.6.21., Recommended for Recommended for
residential zoning Private boathouses and docks, and approval with changes with various changes.
districts) and amendments to various residential ~roposed at £u'st CCPC Attached amendment
Division 6.3 district to reflect the proposed hearing, all changes recommended by
Definitions. procedural changes and restrictions. CCPC as well as by County
Atto, ney's Office.
2.6.7.5. Elimination of the Restricted Parking Recommended for {ecornmended for approval
Overlay for Marco Island as it will approval as presented as presented by staff.
be incorporated into the Marco by staff.
Island Zoning Overlay.
I
2.7.2.12. I. Amendment to lirmtations on Recommended for Recommended for aFproval
rezoning of land to allow flexibility approval as presented as presented by staff.
to rezone to a sb'ni]ar district if by staff.
determined to be compatible with or
transitional form existing adjacent
and nearby districts/land uses.
2.7.5. ~,ddition of language to allow after Recommended for Recommended for approval
the fact variance to be tied to a approval as presented as presented by staff.
structure, and clarification of by staff
advertising requirements.
3.2.8.3 22. Amendment to revise language m Recommended for Recommended for approval
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 in SDP sec'~ion of LDC to Supported by DSAC as Recommended for approval
3.3.5.4.1. requirements of Multiple Site presented by Staff. as presented by staff.
Improvemen! Plan (MSIP), or SDP
in supporl of parking reductions
permitted in sect;on 2.2.26.7.2. of
the Marco Island Zoning Overlay
District.
3.5.4.7. Amendment to revise excavation Recommended for Recommended for approval
perrmt exemption from lots not approval as presented as presented by staff.
exceeding five acres, lo single family by staff.
lots which exceed two acres.
3.5.7.2.4. Amendment to provide guideline Recommended for Recommended for approval
where bulkheads are used, in lieu of approval as presented as presented by staff with
slope requirements per South Florida b)' staff with minor DSAC recommendations.
Water Management Dish-ici language changes.
requh'ements
3.6.5.7.1. Amendment to address minimum Recommended for Recommended for approval
elevation for domestic potable and approval as presente ! as,.presented ~
irrigation wells and providing for by staff. ] AGEN~
certain submittal requirements. / No....,.,,a_',~._
MAY g ~ ~997
p~. ~'
P. R OPOSED LDC.AMENDMENTS
AGENDA ITEkl
No.
1997
PS- (~
ORIGINs BCC
AUTHORs N/A
DEPARTMENTs Planning Services
LDC SECTIONs Division 1.18.
CHANGE, Incorporation of Collier County Streetscape
Master Plan by reference into the L/DC.
REASONs The Str~etscape 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 IKPACTS~ 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 Street$cape Master Plar~ 97-<to be inserted when Board
approves ordinance>
1997
ORIQINz Project Plan Review
AUTHOR, Stan Chrzanowski
DEPARTMENT, Planning Sea-vice/Development Sel-vices
LDC PAQE~ 2:13
LDC SECTION: 2.2.2.2.2.5
CHAN~Ez Agricultural parcels of any size where off-site re~val
of excavated fill is necessaI7 because of site constraints will
require a conditional use if more than 4,000 C.Y. of fill is
removed from the site.
RF~ON: To discourage the proliferation of commercial fill
operations in the guise of aquaculture.
FISCAL & OPER3%TIO~LkL I~L~AC~S: Off-site hauling of large amohu~ts
of fill will now require a conditional use where it was
previously a permitted accessory use.
RELATED CODES OR REG-JI~%TIONS: Sec. 3.5 of the LDC
Amend the LDC as follows:
2.2.2.2.2.
Uses accessory to permitted uses·
..... t ..... aerthmining ~x~va~%Qn and related
processing and production subject to the following
criteria:
The activity is clearly incidental to
agricultural development of the property.
the
The affected area is within a surface water
management system for agricultural use as
permitted by the South Florida Water Management
District.
ThC amoupt O~ excavated material rCmQve~ frQm ~he
~_i~¢ ~nnot excce~ 4,000 cubic Yards. Amounts in
excess of 4,000 C,Y? shall require conditional use
approval for earthminin~, pursuant to the
procedures and conditions set forth in Section
2.7.4.
SECTION
2. 2. 2. 2. 2. 5 LDC AMENDMENT/SC/md/H:MARIE'S LDC
MAY g 1997
ORIGIN: Current Planning
AUTHOR: Ronald Nino, AICP
DEPARTMENT: Plann~g S~wiccs
LDC PAGE: Various Pages
LDC SECTION: 2.2.2.3.16; 2.2.3.3.5; 2.2.4.3.7; 2.2.5.3,7; 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; 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
envirom'nents providing some range of on-site care including what are today called Continuing
Care Retirement Communities and Assisted Living Facilities.
REASON: Cup. mt regulations fail to distinguish the difference between the various continuums
of care and congregate living environments recognized and regulatext by Florida Law. 'Iq'Lis has
given rise to lhe 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 unassistecLqndependent housing environments. Florida Statues, Chapter 651 provides
regulation and licensing for Continuing Care Retirement Communities which is administered by
the Florida Departmcmt of Insurance. Assisted Living Facilities with varying elements of care
arc administered by the Department of He$1th and Rehabilitative Services, Agency For Health
Care Administration and Depa.,'tmen! of Elderly Affairs.
With thc exception of Group Care Housing, Category I and II all other care housing is authorized
at twenty-six (26) units per acre. This includes "Care Units" and "Nursing Homes". By
definition Care Units include Adult Congregate Living facilities. At tiffs point determining
density becomes confusing because there is no relationship between number of beds, size of
units, congregate living versus independent dwelling units and the number twenty-six (26) units
per acre which is undefined.
It is thc opinion of staff that the application of a standard density rule to a housing environment
that may include various forms of care housing from those with continuing ca.re nursing beds to
totally independent housing units is impractical and defies any logical bases, inasmuch as there is
no equivalent density impact relationship between the continuums of care units.
impractical to calculate density for a project that includes nursing units, congregal
and fully independent housing units because the tree impact of density varies sub:
between these varying degrees of care housing.
Given this fact, it is apparent that projects which involve independent housing units (i.e. full
housekeeping units) need to be conditioned on an adequate showing of other types of care units
which allow aging in place if they are to qualify for allowable density that is greater than that
authorized for conventional housing units. It is important to reiterate that it is difficult and
FISCAL & OPERATIONAL IMPACTS: None.
RELATED CODES OR REGULATIONS: None.
Amend the LDC as follows:
2.2.2.3.16.
Group care facilities (category I and II) care units; ~ nursing home~;
assisted living facilities pursuant to S. 400.402 F.$. and ch. 58A-;5 F.A.C.:
and continuing care retirement communitie~ pursuant to s. 651 F.$. and ~
4-193 F.A.C., ~!1 subject to section 2.6.26. when located within the Urban
Desi~:nate.d Area on the Future J.,and Use .Map to the Collier County
~rowth Management Plan.
2.2.3.3.5.
Group care facilities (category I); care units, subiect to the provisions of
section 2,2.3.3.6; ~ nursing home~; assisted living facilities purs.uant to
s. 400.402 F.S. and ch 55.A-5 F.A.C.; and continuing care retirement
communities pursuant to s. 651 F.S. and ch. 4-193 F.A.C.; ali subject to
section 2.6.26.
2.2.4.3.7.
Group care facilities (category I); care units, subject to the provisions of
section 2.2.4.3.!; ~ nursing homes;; assisted living facilities nursuant to
s. 400.402 F.S. and ch. 58A-5 F.A.C,..; and continuing care retirement
communities pursuant to s. 651 F.$. and ch. 4-193 F.A.C.; all subject to
section 2.6.26.
2.2.5.3.7.
Group care facilities (category I and II) care units; mhd nursing home~;
assisted living facilities pursuant to s. 400.402 F.S. and ch. 58A-5 F.A.C.;
and continuing care retirement communities pursuant to s. 651 F.S. and ch.
4-193 F.A.C.; ,al! subject to section 2.6.26.
2.2.6.3.7.
Group care facilities (category 1 and II) care units; and nursing homes;;
assisted living facilities pursuant to s. 400.402 F.$. and ch. 58A-5 F.A.(7.1
and continuing care retirement communities pursuant to s. 651 F.S. and ch.
4-193 F.A.C.i all subject to section 2.6.26.
2.2.7.3.7
Group care facilities (category I and Il) care units; mud nursing homes;,;
assisted living facilities pursuant to s. 400.402 F..$. and ch. 58A-5 F.A.C.;
and continuing care retirement communities pursuant to s. 651 F.$. and ch.
4-193 F.A.C.; all subject to section 2.6.26.
2.2.8.3.4.
Group care facilities (category I and II) care units; and nursing homes;i
assisted living facilities pursuant to s. 400.402 F.S. and ch. 58A-5 F.A.C.;
and continuing care retirement communities pursuant to s. 6~
4-193 F.A.C.; all subject to section 2.6.26.
MAY 2 1997
2
2.2.9.3.8.
2.2.12.2.1.5.
2.2.13.2.1.9.
2.2.14.2.1.8
2.2.15.2.1.13
2.2.19.2.1.5
Group care facilities (category I and II) care units; a~ nursing home~i
assisted !ivilng facilities; pursuant lo s. 400.402 F.$. and ch. 55A-~ F.A.C.x
~nd continuing care retirement communities pursuant t0 I;. 6~ 1 F.$- and ch.
4-193 F.A.C.: all subject to section 2.6.26.
Group care facilities (category I and Il, except for homeless shelters); care
units except for homeless shelters; and nursing home~~
facilities pursuant t.o.s. 400.402 F.S. and ch. ~8A-5 F.A.(~.; and continuing
ga_re retirement corn .re. unities pursuant t0 s..651 F.$. and ch. 4-193 t-.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 pursuanLto s. 400.402 F.S. and ch. 58A-5 F.A.(~.; and continui_ng
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; and nursing homes,,~
fa._~cilities pursuant to s. 400.402 F.S. and ch. 58A-5 F.A.=C: and continuing
care retirement corem_unities pursuant to s. 65! F.S. 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; ~6 nursing homes;,; assisted living
facilities pursuant to s. 400.402 .F...S. and ch. 58A-5 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.
Nursing homes, ACLFS, assisted living facilities (ALF) pursuant t.o
s.400.402 F.S. and ch. 58A-5 F.A.C., group care facility (category I) an__0_d
continuing care residential communities pursuant to s.651 F. $. and ch. 4-
193 F.A.C., all subject to Section 2.6.26.
Division 6.3 Definitions
Adu!t Ccngregat: Living r~:~: ..... ,^r,r:~ Assisted Living Facility (ALF). An>'
building(s), section of a building, distinct part of a building, residence, private home,
boarding home, or other place, whether operated for profit or not, which undertakes
through its ownership or management to provide for a period exceeding twenty-four (24)
hours, housing, food service, and one (10) or more personal services for four (4) or more
adults, not related to the owner or administrator by blood or marriage, who require such
services and to provide limited nursing services, when specifically licensed to do so
pursuant to Florida Statute 400.407. the facility shall be licensed and a,~.L . ^a~noA ffpa
by Florida Department of Health and Rehabilitative Services. A facility ¢~ennacper_~~
services or limited nursing services for fewer than four (4) adults is wit ~in the meaning
of this definition if it formally or informally advertises to or solicit: :h~1~'~c37
3
residents or referrals and holds itself out to the public to be an establishment which
regularly provides such services,
Continuing care retirement communiW (CCRC) - Means ~, livin~ environment oroviding
~ and either nursing care or ~ersonal service a~ defined in s. 400.402
F,S- whether such nursing care or ¢ersonal servkes axe provid~ in the facility or
another setting desi~ated by the a~-eement for continuing care. to an individual not
related by consan~iniW or affiniW to the vrovid~ furnishing such care. uvon vav'ment of
~ ~:ntrance fee. which is licensed bY the De~ax~mcnt of Insurances of thL$l.~te of Florid.
p_ur~,]an! to ~.6.51
~Jur~ing Home, Rest Home or Extended Care F~cilitv
Care Unit: 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 o!' facility shall contain fifteen (15) or more persons under care, plus
resident supervisors as required by Subsection 10A-5.019, Florida Administrative Co~e,
and shall permit all of the list of uses as permitted by Group Care Facilities (Category I
and Category Il, [i.e., ~ga.,~ a_~sqsted livine 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(7)(a), Florida Statutes, as amended); crisis end
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]
Qrgup 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 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 I and Category II), Care Units, and Nursing Homes,.
Assisted Living and Continuing Care Facilities.
2.6.26.
2.6.26.1.
L::::i=--- r~'.'!r:men:r, r ........ s. .... ~.~ zr-ux Group housini~
deve!ooment st~nflards.
Qenerat flqquirements.
requirements specified for each type of structure:
All group housing structures shall meet the following
Site development plan (SDP) approval in conformance w
(with the exception of a family care facility).
th
MAY 2 1997
2.6.26.1.1.
2.6.26.1.2.
2. All applicable state and county building and fire code standards.
3. All applicable state and county licensing requirements.
Family care facility. A family care facility shall be treated as a single dwelling
unit for the 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:
Minimum habitable fl°°r 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 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 the homeless shelters: 1,500 square feet
plus 200 square feet per live-in person, beginning with the
seventh live-in person.
Minimum lot area.
a. Group care facility (category I): 6,000 square feet plus 1,$00
square feet per live-in person, beginning with the seventh live-in
person.
Parking required Two parking
requirement' two parking spaces).
5
Group care facility (category II):
(1) Homeless shelters: 6,000 square feet plus 400 square feet
per live-in person, beginning with the seventh live-in
person.
(2) Uses other than homeless shelters: 6,000 square feet plus
1,500 square feet per live-in person, beginning with the
seventh live-in person. ] No. ~
2.6.26.2.
2.6.26.2.1.
2.6.26.2.2.
Separation requirements.
A new group care facility shall be required to be located greater
than a radius of 1,200 feet from any other existing group care
facility (applicable to the RMF-6, RMF-12, RMF-16, RT, and VR
zoning districts).
A new group care facility' shall be required to be located greater
than a radius of 500 feet from any other existing group care facility
(applicable to the A, estates, and RSF 1-6 zoning districts).
Distance requirements shall be measured along a straight line from
the nearest point of the existing group care facility property to the
nearest point of the proposed new group care facility property.
Special setback requiremo~ts. No structure shall be erected within 20 feet
of any abutting lot or parcel which is zoned residential, nor within 25 feet
of a road r/g.ht-of-way.
6. Landscaping requirements. As in division 2.4.
Other care housing_facilities: All other care housing environment$ a~ defined in
this code, including but not limited to care units, assisted living units, cgptinuing
care retirement communities, nursing homes, and d ;lling units that are part oran
aging in place living environment shall adhere to the following standards in
addition to those established by the underlying zoning district.
Maximum floor area ratio. The maximum floor area ;ratio shall not exceed a
factor of 0.45 ( 0.45 times the area of the property equat~ !h.e gross floor area).
6
MAY 2 1 1997
2.6.26.2.3.
2.6.26.2.4.
dditionalsubmittal r uir ment: n additi n t e r ' ed P r 't'
se submittal re uireme ts of this cod develo ts contai in ' t
ousi units rovid'n n si ted livi and nursi care co n
~aphicallv r~rcsented as part 9f thc c. gnditi0na! 9.se andYgr ~;ite developm~t
applicatigp. This ~aehi¢ r~rcserltatigl3 shall devict all coram0n areas
Dclpical independent ho~;imz unit and shall ir~clude dirrlension.s and squar,
9f ,ach compg, nent. Additiona}l¥, ratio of independent unit~ lo assisted urtits, and
thc n_¢mber 9f skilled nursiq, g beds sbjall be indicaled. _The appliqation
i__nclude a ,tatement of available a.~sistance with "activities of 0ally livin_e",
~ but Bdt limiteqt tO ambulation, m-oominv., feedine, financial
management, me. dicine maaazernent, and ~
~:zor4r. i,'~$ required. Tv,o~4fie, g-~c:: per five 5~: (m:n:m~m rzqu:r~r, znt
~44mg-e,p~ Maximum Heif!ht._~_e maximum height shall be the sarpe
as the underl¥in~t zoning district except as otherwise modified through the.
conditional use process for residen_fially zone..d~district..s.:
Parkfn~ required c~p~:~
,,,;,~,;~ ~n f~e', ^c any ~' .... ',~ ~^' er
25 feet of n road figSt of way. ?arking required.
(iii)
Independent living units. One (!) per dwelling unit
Assisted living un_its. 0.75 per assiste¢t unit
Nu~ units. Two (2) parking spaces per five (5) bed. s.
of tony abutting !ct or parce~ ':.'h/ch is zcnzd r~dznda!, ncr ':.'hh[n 25
~dsc~pizg rcq::irc~xc~:~. As r~u~rzd in di'.'{sisn 2.~.
LDC AMENDMENT/RFN/md/H:MARIE'S LDC
MAY 2 1 1997
PLANNING SERVICES DEPARTMENT
MEMORANDUM
TO:
FROM:
DATE:
RE:
Kobcrt J. Mulhcre, AICP
Current Planning Manager
Ronald F. Nino, AICP
C~def Planner
M..rch 13, 197
LAND USE INTENSITY CHARACTERISTICS SAMPLED ACLF/ALF'S
VILLAGE (SDP-88-88)
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 itdditional
recreational amenity facilities two clubhouse facilities. A nursing care and a.~isted living
units L,e alSO pari of the overall master planned community totaling 492 dwelling units.
Site Area ,= 86 acres
Gross Floor Area = 904,198 .¢,q. lt.
Floor Area [Latio = 0.24
No. of Units = 492
Units per Acre = 5.72
MOORINGS PARK ($DP-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 = 83 acres
Gross Floor Area = 380,00 sq ft.
Floor Area Ratio = 0. i 05
No. of Units = 498 (In Place 387)
Units per Acre = 6
MAY 2 1 1997
~ CAP, LISLE (SDP-96-105'~
The Cartifle is under construction and is located on the west side of Airport Road (former
Smallwood Nurs6-ry Property). It consirts of · multi-slory to nursing care.
Site Area = 17.~ ac-res
Gro~s Floor Area = 354,143 sq. fl.
Floor Area Katio = 0.4567
No. of Units ,= 390
Units per Acre = 21.9
The Brighton Gardens £acilities are under construction and is located on the we~-t aide of
Airpor~ Road immediately ~outh of Emerald Lake Drive. It is a multi-story building, hou.6ng
aging in place u,"fits from independent to assisted to nursing care.
Site Area
G'rcss Floor Area
Floor Area Ratio
No. of Units
Units pe.r Acre
5.1.5 o. cres
76,0~3 ~. fl.
0.34
117 (134 beds)
22.7
.C,]:[/~.(~ELLOR PARK AT Nap!cs
This is a proposed ·ging 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. fl.
Floor Area Ratio = 0.394
No. of Units = 148
Units per Acre = 19.73
SAM?LED ACLF/ALFS M~MO/md
AG£ND~A~TE M
No. ~/-'N _
MAY 2 1 1997
I-'1
ORIGIN: Community Development & Environmental Services
AUTHOR: Ronald F. Nino, AJCP
Chief Plarmer
DEPARTMENT: Planning Services
LDC PAGE: 2.42
LDC SEC'lION:
CHANGE: Amend Section 2.2.12.1 Permitted Uses for the C-1/T I'Yistrict to add c.~ain Health
Services for HI manner, of medical ~lated offices and to make ~propriate adju..slments for other
sections affected by this change.
REASON: Currcmtly the offices of various medical disciplines as defined by SIC Codes 8011 to
8049 are authorized as conditional uses in the C-l/T district, and as permitted uses in the C-2
zoning district..an analysis of the uses p~rmitt, ed as a matter of fight in the C-!~ district
provide no rational or bases for one to have determined tha! the offices of vinous medical
disciplines flmction an y differently or intensely than those uses authorivagd by right. The C-I
district was designexl to function as a professional and business office district and a.s a
transitional use to residential areas. Certainly the office of a medical practitioner falls within this
tr',,msitional land use theo;'y.
FISCAL & OPERATIONAL IMPACTS: None.
RELATED CODES OR REGULATIONS: None.
Amend thc LDC as follows:
2.2.12.2.1.
Permitted uses.
1. Accounting, auditing and bookkeeping services (8721).
2. Automobile parking (7521).
3. Business services (groups 7311,
7372, 7374-7376, 7379).
7313, 7322-7331, 7338, 7361, 7371,
4. Child day care services (8351).
Engineering, architectural, and surveying services (groups
Group care facilities (Category I and II, except for homeless shelters); care
umts, except for homeless shelters; and nursing homes, subject to section
2.6.26. ~'a£~IAA'r£~
1/5
2.2.12.2.2.
2.2.12.3.
7_.. H~alth S~-vices (8011-8049~,
~.8. Individual and family social sm'vices (8322 activity centers, elderly or
handicapped; adult day care c,ntcrs; and day care cc-nters, adult and
handicapped only).
Insurance carriers, agents and brok~'s (group 6311-6399, 6411).
Legal s~rrvices (811 I).
!0.IL.Managm'nent and p'ablic relations services (groups 8741-8743, 8748).
44~12. Miscellaneous personaI services (7291).
-1~.! .3. Museums and art galleries (8412).
4~.14. Nondepository credit inslitutions (groups 6141-6163).
-l~.l~. Real estate (group 6531-6541).
4-~.J 6.._~ Any other commercial use or professional services which is comparable in
nature with the foregoing u.ses 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.
1. Uses and structures that are accessory and incidental to the uses permitted
a.s ofright in the C-l, C-I/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/T), subject to the standards
and procedures established in division 2.7.4.
Civic, social and fraternal associations (8641).
Depository institutions (groups 6011-6099).
Educational services (821108231 ).
u~,,~. .... :~ ~Qn~ 8049)
2.
3.
Homeless shelters, as defined by this code.
J AG£ND~.I"[ M ~
Increased building height to a maximum of 50 feet. ~ n,. -a,-~ .
1
Mixed residential and commercial uses subject to the follov{ing ~lYri~: 1 lg~7'
1
ORIGIN:
Current Planning
AUTHOR:
Chahram 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 scale shopping and
personal needs for the surrounding residential land uses within
convenient travel distance. In the opinion of the staff, used
merchandise s%ores (such as pawn she s) and retail firearm and
ammunition stores do not conform to the purpose and intent cf 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 ~hese 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.
Elcct ~ ' .... ~r .... '
~ical ~ shops (~ radlo~
...................... rcpai='
^~" n~n9 ....... ai ...... , ~u-i ..... and
^~ ..... ~ large
-~,rlgc rs~,.~ -aching .... ~.,incs) ,
~ 6.Food stores (groups 5411 except supermarkets,
7.Gasoline service stations (5541
section 2.6.28.)
~.8. General Merchandise Stores (5311-5399)
tO.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.
Ii.10.Hardware stores (5251).
services (groups 8011-8049, 8082).
~--i-~.12.Home Furniture, Furnishing and EquJ. pment
Stores (groups 5713-5719, 5731-5736)
4-4-~13.Libraries (8231)
t7.16.
t~17.
~-~. 18.
20.19.
21,20.
22,21.
2~.22.
---.__Miscellaneous Repair Services (7629, except
aircraft, business and office machines,
large appliances, and white goods such as
refrigerators and washing machines, 7631).
Miscellaneous Retail Services 5912, 5942-
5961). -
Museums and Art Galleries (8412).
Paint, glass and wallpaper stores (5231)
Personal services groups
(7212,7215,72217231-7251, 7291).
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).
Videotape rental (7841).
Any other convenience conunercial use which
is comparable in nature with the foregoing
uses including building for retail,
service and office pur~poses coi~i~~£M
MAY 2 1 1997
p,. LI
with the permitted uses and purpose and
intent statement of the district.
MAY 2 ! 1997
ORIGIN, Current Planning
AUTHORs
Ronald F. Nino, AICP
Chief Planner
DEPARTMENT, Planning Services Department
LDC PAGEs 2.53
LDC SECTIONx 2.2.15.2.1 Pel-mitted Uses
CHAN~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.
REASONz 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.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS= None
Amend the Land Development Code as follows:
2.2.15.2.1 Permitted Uses
14. ~ Health Services (Groups 8051-8059
8062-8069, 8071-80072 and 8092-8Q~,)
2.2.15.2.1 LDC AMENDMENT/RFN/md/H:MARIE'S LDC
I
.,. _Lb
ORIGIN: Current Planning
AUTHORS: Marco Island Vision Committee Ad Hoc Land Use Subcomminee
(Todd Tateo, Chairman; Herb Savage; Art Quinnell; Bill Dunnick; Maxyann Lazarus;
Darrel March; Patrick Neale; Bill Moms; Jim Johnson) Staff Liaison: 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
various development standards prior to development within 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. 'l-be Board of County Commissioners directed staff
work with an ad hoc commiuee of the Marco Island Vision Committee_ (appointed by
the Board).
The ad hoc commiu, ee members, listed above, met over twenty-five times,
commencing in November of 1995. The cornmitlee'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 corrhmittee 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 property 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 tourist which
includes several timeshares arid the major hotels and motels along the beach);
commercial lands (which deals with various commercial district and sub-districts);
si,;nage; parking of major recreational vehicles (this section is already includedl'in theA$£N~,ll-r~
LDC and is just being relocated into the zoning overlay); and definitions. No. _ '~-% _
MAY 1 1997
....,
NO~ THIS DOCUMENT WAS AMENDED ON MAY 4, 1~97.
TO REFLECT THE DIRECTION OF THE COLLIER COLr~-I~'
PLANNING COMMISSION AS STATED AT TIlE
COMMISSIONS PUBLIC HEARING ON THESE LI)C
AMENDMENT HELD ON APRIL 9, AND APRIL 30, 1997.
The Marco Island Master Plan allows mixed use and residential in the conma~cial
districts, but not until specific design and development ~xndards ka,,'e been cxearx'~
Since those standards have not yet been created, the subcommittee recrmmaersd~
requiring a PUD rezone for all mixed use or residential projects h3catext ~,-ithin a area
designated commercial on the Marco Island Master Plan. The re2~ne ~ would
allow sufficient public input and staff review should a land owner ,o, ish to d~'elop 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, lhe estimated time frame for developing these standards is between 12 and
24 months. The County Attorney's Office. after reviewing this document, indicates
that while we cavmot require a rezone to PUD. we can encourage one. Therefore. this
document does not require a PUD rezone for mixed use development within 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 verb' restrictive conditions, until such time as sub-district specific
development and design standards arc developed, mixed use development, for all
intents and purposes, will occur under the PUD zoning district. It is the 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 prese~'e 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 bF' 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,
staffcan be sure that desired site and structural improvements will occur.
The overlay pr.~poses comprehensive sign regulation changes. For the most part.
change are more restrictive than the Count3' Code. The recommended chang{
Page 2 05/06/97 8:39 AM
based on consideration and review of the recommendations of the design charette held
on Marco in April of 1995, and review by the subcomminee 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 (MIA.AR)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 arc 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 su. bstantial 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 allo,a's 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 ,,,,'all, ground or pole
signs) ma)' remain in place for a maximum of five )'ears from the date of adoption of
the overlay 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 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.g. 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 Dehona 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 developmet:t and design standards for the Town Center Mixe,
Page 3 05/06/97 8:39 AM
Use ^t;£N~ J,~
1 1997
District. until Within the Town Center Mixed Use District. The CCPC supported
staffs recommendation.
Additionally, within the Town Center Mixed Use District, along Elk.ham 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 wi~h various 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 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
Marco Island Zoning Overlay District {MIZO).
2.2.26.1 Purpose and Intent. The following design guidelines and
develo, pment standards are intended to assure orderly and
Page 4
appropriate development on Marco Island, while still providing
sufficient flexibil;ty for the prgperty owner and desima
professional. This document is intended to provide rep, ulatibn
and direction under which the growth and development lof
05/06/97 8:39 AM I
AGENDA ITEM ~
MAY g 1 1997
Z-7
~.?.26.2
Marco I~land can Occur with a~surance that the tropical, small
town environment Of Marco Island is protected and t>reserved,
and that developme.nt and redevelopme, nt reflect the unic~ue
residential and commercial characteristicl; 0f the Island.
Geographic Boundaries. These guidelines and standard;; apvlv
to those lands covered by the Marc9 Island Masler Plan. This
inclu0es the land fro_m the Jo_lly B.ri~u_Lhwa.rd and abutting
the Gulf of Mexico to_3he we_!s'., .Caxambas Pass and Caxamb.as.
~ the south, and Bi~ Marco ?ass to the nonhweFt. Bif~
Marco River tO the north and northe, ast, and Barfield BaY t9 the
southeast. This above described area includes all of the
following_pfi__lat_tLed_ ~ubdivisions, a.s well as ar)y..fmure :mbdivision_
of land within the area covered by the Marco Island ma~ter Plan:
Marco Beach Subdivision, Units 1 through 13, 15, 21, 22, 23,
_and 25; Collier City _Subdivision and Old Marco Village
Subdivision (AKA "Old Marco" }; Marco Highlands and
Marco Highlands Addition (AKA, "The Highlands"); K.rapf
Subdivision; J. M. Barfield Subdivision; Caxambas Estates .2''~
replat and Seven Sailors Subdivi?ion. These regulations do not
_a_p~p~ly to the areas k.nown as Goodland, or any areas in the
Marco Shores PUD/'DKI, including the Key Marco
Development (Al<LA Horr',s I~;l~nd), Cape Marco PUD, and
Hideaway Beach PUD. The areas included in the Marco Island
Zoning Overlay District are denoted on the official Collier
County Zoning Atlas Maps by the designation MIZO following
the zoning designation.
Page 5
05/06,'9"/ 8:39 AM
AGENDA ITEk~
n~.
MAY g 1 1997
P~ESTERN
MARCO ISLAND
LARO$ SUIqJECT TO PIqD¥111ON$ OF MARCO IILAIIO ZOIIIR6 OVERLAY
Map 1
Page 6
05/06/97 8:39 AM
EASTERN
MARCO ISLAND
idAICCl (I~LN~ ZM
LANDS SUBJECT TO PROVISIONS DF MARCO ISLAND ZONING OVI~RLAY
Map 2
2.2.26.3
Page 7
^oolicabiljty. These ,standm'ds and ~uidclincs arc avplicat',]
above Oesqribed l~cogravhic area. These re~ulation:~
inlerld~d to? ~upplement thc exit;tine land develo¢~
05/06/97 8:39 AM
No. ~
MAY 2 1
~.~.26A
2.2.26.5
i'eeulations found in this code, and to thereby implement ~¢
policies. ~.oals and obiectives foupd in the Marco Island M~st¢~.
[lan. In the crept of a conflict between other provisions of thi:,
~ode and ~e.$.e reeulation~, the l'eeulations contained in this
overl0y shall a~Dlv,
Exceptions to thes_e Design Guidelines and Developmen~t
~Standard$. E~ccvtioos~to the development standards may be~
approved bY the Ipoard of zor, ing appeals subiect to thee
proce, duress .and conditions set fo_nh in section~ 2.7.5 of this code,
and pursuant to the PUD pr_ocedures set fo._rt_h in Section 2.7.3_.
of this Code.
Nonconformine Uses and Structures_. All proiects having been_
grante_d a Final Site Development Plan, or building t)ermit
aver.oval pH-or to the effective da.t~e of !.h. is Ordinance., but wh.i.ch
~-0-aox comply with the stan__dard.s contained herein, ~;hall ~_
consid~ered lel~al nonconform~.~Bg structures and/or use~..
Structures an~____~'or uses i~n existence as of the date of adoption
ibis overlay district wh__jich ~.e no___LConsistent with. the provision_s
set forth herein, shall enioy al! of the fi~ht5 accorded t9 .a.
conformine use, subiect to all other applicable county codes and
ordinances, except that nonconformine siens shall be subject to
the provi.sions of Section 2 2 26.10.2 2 4. of this code. Chanl~e>
in nonconforming uses shall be permined in accordance
Division 1.8 of this code. Redevelopment shall adhere to thc
conditions found in Division 1.8 of this code. All lots of
record, as defined in this code, which do not conform to th.e
standards set forth herein, shall be considered nonconforming
lots of record and shall be afforded all riehts aranted to such
set forth in this code.
2.2.26.6.
2.2.26.6.1.
~.2.26.6.1.1.
Page
Lands Designated Residential on the Future Land Use Map
of the Marco Island Master Plan.
Sinele Family,. Single-family structures are pertained in the.
Low Density Residential District set forth in the Land Use
Designation Description Section of the Future Land U.s.c.
Element of the Marco Island Master Plan.
Permitted Uses~ Co.nditional and Access~)ry Uses: As foun_d
x~4thin Section 2.2.4. , Residential single-family districts (RSFL
of this code~
05/06,'97 8:39 AM
AGEN[~_ ~TEM
MAY 2 1 1997
].2,26.6.1.2.
Development Standards; As found within Section 2.2.4,4.,
[.)imen.~ional standards, of this co<;le, except as noted belQw:
Minimum yard rcquircrncnt.L
Front yard' Twer~ty-five fee!.
Side }'ard:
1~. Lots with one-hundred fee. t or more of street ffonta~t.e
-_~ .feet.
2. Comer ]ors with frond;aRe of one-hundre.d, feet or
more on oa; public, ,~treet - 8 feet.=
3. Lots ,,,,'/th less than one-hundred feet .of ~;treet
frontage - 7=,q feet=
2. Maximum Heig_h_l._g
a_i_Principal SZru_y_ctures. 35 f~t, as measured from
FEM,fi minimum required flood elevation, or, wh_er¢
no minimum FI~MA elevation t~as been established,
from the required first finished floor elevation.
b}.. Acceysory Structures. 20 feet, al; mq:asured from
existing: ground elevation 9.n average, of the subiect
parcel, except for attached screen enclosures which
may equal the maximum height permitted for the
principal structure.
3. Minimum Floor Area: Fifteen hun. dred { 1500} square feet of
living area.
4. Maximum Densit}': 4 dwelling, units per acre.
~.2.26.6.1.3.
Design Standards and Guidelines: IReserved.l
2.2.26.6.2
Multi-Family, Multi-family ~tructures are permitted in the
Medium and High Density Residential Districts set forth in the
Land Use Designation Description Section of the Future Land
Use Element of the Marco Island Master Plan.
Page 9
05/06'97 8:39 AM
~l.2.26.6.2.!
Permitted Uses, Conditional and Accessory Uses:, As found
within Scction~ 2.2.5. KMF-6, 2.2..6. RMF-12, .and 2.2.7 RMF-
16, of the Land Development (~ode based on the ~nderlving
zonine d e si ~n at i o n. o_~.f_the p. r0 perry.
~!.2.26.6.2.2.
Development Standards: A.s found within sections 2.2.~5.4.
Dimensional standards (p,2vIF-6)~ 2.2.6.4. Dimensional
standards fR.MF-]2) , and 2.2.7.4. Dimensional standards
(KMF-t6] of this code based on the underlyjpv, zonin~
desi~.nation on the prope_.ny, .aod as set forth below.
Minimum yard requirernents.
a) Waterfront yard: Twenty fee! (.20') at a minimum.
Mczrimum Density. Density within districts allowing 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 Future Land Use Element of
the Marco Island Master Plan.
2.2.26.6.2.3.
Design Standards and Guidelines: [Reser~'ed.l
2.2.26.6.3.
Residential Mixed Use. The Marco Island Master Plan, in the
Residential Mixed Use District, limits residential dwellings to
multi-family structures. Hotels, motels~ timeshare and family-
care facilities are pertained. Non-residential uses pertained in
this district are limited to those that are compatible with and/or
Support the character of the area. These uses include: parks,
open space and recreational uses, churches, schools, libraries,
cemeteries and essential services as defined in Section 2.6.9,
Essential services, of this Code.
2.2.26.6.3.1.
Permitted~ Conditional and Accesso~' Uses. As provided for
in Section 2.2.8., Residential tOUriSt district, o. fthis Code. Parks
and Qpen space shall be pertained uses. Recreational uses which
are not accessory to a pertained principal u~e, schools,
cemeteries and libraries shall be conditional uses and essential
services shall either be permitted or conditional uses as set forth
in Section 2.6.9., Essential service& of this Code.
2.2.26.6.3.2.
Development Standards: As found within Section 2.2.1.4..
Dimensional standards, of this code or as may otherwise ~~rrt~ _-
provided within a PUD zoning district. ~o. ~~ /
I
o o6 9,
Page I 0
~.2.26.6..3.3.
Design Standards and Guidelines: [Reservedl.
~.2.26.?.
Lands Designated Commercial on th.,__F,uture Land Use Mai)
9fthe Marco Island Maste, r Plan.
2.2.26.7.1.
Developmen! and Dimensional Standards, and Design
Guidelines for Commercial, Mixed lds~ and Multi-family
Developments. All o.f the vroDenie~; desiltnate,d commercial 9n
the Future Land Use Map of the Marco Island Master PIaD
allow for mixed residential add commercial development. These
districts are: the Village Commercia.! District; thc Commun. i.ty
Commercial .Dist._riot; and the TQwn C,entet .;Mixed__Us¢ District.
Additionally, the Village. C9 .m_m_er¢ial and To. wrl Center/Mix..e.d
Use districts allow for residential multi-family uses. The
dimeD~ional and development :;tandard~/provided in this code
for the underlying zoning district shall apply, except
otherwise provided for below. The Master Plan calls for the
creation of development standards to be aDD led in the case of
mixed use or residential development within areas designated
commercial on the Marco Island Master Pin Future land Use
Map. This overlay district will be amended as necessary as
development standards for specific district~; are developed. In
the interim, the following prgcedures for mixed use or
residential development on property designated commercial by
the Marco Island Master Plan shall apply:
2.2.26.7.1.1.1.
Mixed Use Developmenls: Projects proposing l?oth residential
muhi-family and commercial uses for a single project or
building on lands designated commercial on the Marco Island
Master Plan shall adhere to the followin~ vrocedures:
Page
Prol'ects equal to or greater than one acre in size. Specific
design and development standards shall be developed for
each of the commercial districts and/or sub-districts
identified herein. Until such design ,'md development
standar.is have been developed and incorporated into this
overlay document, no mixed use develgpment shall be
Der'mined for proiects equal to or greater than one acre in
~ize, except where a PUD rezone is proposed. All of the
provisions of Sec. 2.2.20., Planned unit developrnent
district, of this Code shall apply to a mixed use PUD, except
that the minimum size shall be one acre.
~o. ~
2 1 1E 7
05..'06/97 8:39 AM
~2. ?roiect$ le~ than one_acre in si~e, SmLcifi.c design and
development ~t, arldard~ ~hall ~ develo~d for e~ch of th~
99~mercia~ ~ig~cts ~~s~dent~~
~fi) ~uch ~esi~n and devdopment ~t~dards b~ve
~¢vclo~d ~d inco~mted into this overlay doqumeBt,
wixed use dgv¢lopmeBt shall ~ ~ined for pro]ects ~deT
one aqre in ~, exc~with approval of a conditional
provjOed ~or ~ S¢~on 2.7.4. Of this code. ~e ¢onditional
~e ap~licati~n~hall include the submiua~pf 0 Site
~evelovment or Sitt l.~rovement plao which adOrg~es the
provi~ioa~ ~t fo~h in ~gction ~.6.26.7.2., ~dditions. Site
Improvements and Redevelopment.
~.2.26.7.1.I.2.
Res. idential Multi-famih' Dev~s. Pr0j.~
develop only multi-family residential 9n lands designated_
[ommercia] on the Marco l~.J_a_nd Master Plan shall adhere tO the
.f.o!]owinp. nrocedures:
Multi-family residential development on projects equal to or
greater than one acre in ,size - ~pecjfic desiltn and
development standards shall be developed for each of the
commercial districts an.d/or sub-districts idgntified herein.
Until such design and developmelnt standards have been
developed and incorporated in. to this overlay document, no
multi-family development shall be permitted for proiects_
equal to or greater than one acre in $ige, except where such
lands are curren!ly zoned to allow for such a use and density
of units per acre, or where a PUD rezone is proposed. All 0.f
Lhe provisions of Sec. 2.2.20. of this code shall apply to a
_multi-family PUD, except that the minimum size shall be
one acre. Where this overlay is silent with respect to
development standards for residential development in a
commercial district or subdistricts, the developments
~tandards for the R~MF-12 district shall be utilized as a
guideline for the PUD.
Page 12
Multi-family residential development on projects less than
one acre in size shall be required tO obtain conditional use
approval as provided for in Section 2.7.4. of this code,
unless the underlyin~ zonin~ on the property permits
residential multi-family uses. The conditional use
application shall include the submittal of a Site
Development or Site Improvement plan, as is applic~
which addresses the provisions set forth in se~
2.6.26.7.2., Additions, Site Improvements
05/06/97 8:39 AM
hle.
tion
and
MAY 1 1997
~.e. dev¢lopmenl. Where lhe underl¥in~ zonin~ t~rmits
residential r~uhi-famil¥ uses at a density less than lhat
permitled bi !he Marco Island Master Plan, the vro~
shall be rezoned to an avvrovriat¢ district allowin~ for thc
clensiw r~9! to exceed that vermined bY the Future L~nd Use
Element of the Marco Island Master PI~.
2.2.26.7,1.1.3.
Commercial Developmcnt~. .Proiects provosimz 9nly
gommercial u~;es with no residential component, locateqt in a
c. orn. merc}al_.gonin~ dilstric.! which ~rmits the provo,sed
commercia_l use(s) shall adhere to the develo_vment standards set
f.9.rth in saLd zoning _di~ric!. Projects vro~sin~ commercial use~;
with no re~;jdential component, located in a residentially zoned
district shall be required to rezone to an avvropriate commercial
distrjcI or m~'~' re ..~9._o.e lo a PUD zoning ~istrict subie(i:t to the
provisions of ,section 2.,2.20. of this code, ¢:~cept that ~he
minimum size shall be 9ne ,~¢re.
2.2.26.7.1.2.
Communi~' Commercial District - The purpose 0f thi~; district
is to ~vrovide for centers of activity that Serve the needs 9f the
$urroundin~ community. The five separate areas designated
Community Commercial on the Marco Island Future Land ld~e
Map, are further identified b¢10w as sub-districts. D~e I9 the
unique nature of each of these sub-districts and the s.urrounding
neiv. hborhoods, the following sp.ecific sub-district development
:standards have been developed.
~.2.26.?.I.2.1.
Page 13
05/06/97 8:39 AM
Collier Boulevard Pedestrian Tourist Sub-District - This
sub-district is characterized by neighborhood commercial uses,
and other commercial uses which corer both tO tourists and year
round residents. This sub-district is further identified as follows:
Collier Boulevard Pedestrian Tourist Sub-District North, located
along the east side of Collier Boulevar~l, in close proximity to
the Gulf of Mexico, north of San Marco Road (SR 92); and,
Collier Boulevard Pedestrian T0uri~;t Sub-District South, also
located on the east side of Collier Boulevard, in Close proximity
to the Gulf of Mexico, South of San Marco Road. The
I;)oundarJes of the Collier Boulevard Pede~;trian Tourist District
are depicted 9n Map # 3 and Map # 4 lpel0w. ~oth the North and
,5curb Collier Boulevard Pedestrian Tourist Sub-Districts are
located in close proximity tO, and thus serve, thousands of time
share, hotel and multi-family dwelling units. -
MAY 2 ! 1997
CLAM
BAY
TOURIST SUIDI,TRICT (NORTH SECTION)
COMMUNITY COMMERCIAL DI,TRICT
Map3
Page 14
05106/97
8:39 AM
AG[~A^ITEM ~
Nc). ~
MAY 21 1~37
p,. 3'-1
COLLIER IOULIVAIqD PIDESTRIAN TOUriST SUIOISTRICT (SOUTH SECTION)
OF THE COMMUNITY COMMerCIAL DISTRICT
M~p 4
2.2.26.?.1.2.1.!.
Page 15
P.ermitte. d, Conditional and Accesso~' Uses..AS permittec
the underlying ,zoning district, except that mixe<;t
development is permitted, subject to the provisions set f0rt!
05/06/97 8:39 AM
~lse No. ~
in
MAY ~ 1 lcjcJ7
2.2.26.7.1.2.1.2.
,5~tion 2.2.2(>.7.1.9.f this code, Al! u,sc$ ar~cl structures that .arc
accessopr' arid incidcnAa_.l t__o multi-family dwellinRs, as provided
for_Lj.~ ~cction 2.2.6.2 2 of tbB coqtc, sba!! be pertained iV
.coniun~ction with an approved mixed use development
Deve~lo]>m,nt Standards:
Commercial Use.~s_._ ~-'he development standards for the
.u. nderl¥ina zoni_n.g_~district shall a]~p]v, except as follow~:_
Reqldred Fards: ~_fi_s_~t fo~h in the underlyinl,
zo..__nin.~ district, except as follows
1. Reclr t'ard' 25 feet
2 Side Yard.' 0 or a minimum of ] 5 feet.
Page 16
,~fixed-use: Mixed-use development is permitted subject
to the provisions set forth in section 2.2.26.7.1. of this
code. Residential units located on the .first floor shall be
structurally separated from commercial units and shall
.h. ave separate and distinct entryways and shall not
located adjacent to collector or arterial roadways.
~)
Minimum Dwelling {/nit Area: .Efficiency - 450
_square feet~ one bedroom - 600 square feet; two
9r more bedrooms - 750 ~;quare feet.
b) Maximttm Dens;t1,: 12 units per acre.
Commercial and ?,fixed Use. The following developmenl
standards apply to all development w/thin the Collie,
.Boulevard Pedestrian Tourist Su.b-District.
_al
Ma. rimum Height.2 Three habitable Stories,
whether residential or commercial, not to exceed
£orty feet (40')~
b)
05/06'97
Parking: .The minimum number of off-street
park;ne spaces shall be required on-site, as
~rovided for in Division 2.3 of this code, unles~
_on.e of the followinR is a~r~roved: an 0 '-~itc ~£~C~AI'r£~
~hared parking ~tition pursuant 0 t~-
8:39 AM
requirements g,p.d procedures set forth in
qtivision 2.3 of this c~.¢; ~ variance from ~
req. uired ri,umber of parkioll spaces as provided
fgr in Secti0.n...2..7.5. ,of this code; or, v, Sth IbC
~b.mission of a multiple .Silo imr>ro','ement plan
L~_~ISDP) or site. devel(>D..ment plan (SDP)
pursuant to th~ provision..s, of section 2..2.¢6.7.7.,
two or more adjacent proi~tl~ located within the
boundaric~ of t.h¢ Colli~ Bgulcx'ard Pcdegrian
Tourist. Sub-District may be approved for a
fifteen _r/ercent (15% 'l reduction in thc reouired
amount of on-site parking. Additionally, where
the combined commercial square footag.e of the
t~'o or more adiace_nt proiects is equal t9 or
l~reater th~_n 20,000 square feet, reclujred parking
max' be based on the ratio provided in divisign
2.3 for shopping centers. The twenty percent
(20%) limitation on restaurant square footage
within a shopping center set forth in divisign
2.3. of this code may be increased to thirt3'
p~rcent (30%).
Parking areas located off alleys shall be exempt
.frgm the provisions of se.ct, ions ;2.3.4.11.9. and
2.3.4.12.4. of this code and may be utilized to
accommodate loading, emplo~.'ee parkinl~, solid
,~'aste pick-up and other ser~'ice functions.
Parking areas required to support residential
uses shall be primarily located along the alles'.
2.2.26.7.1.2.1.3.
Commercial Design Guidelines: Subiect to the provisions 9f
Division 2.8., Architectural and Site Design Standards and Site
Design Standards for Commercial Buildings :md Proiects.
2.2.26.7.1.2.2.
Page 17
Barfield 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 ~rocerv, drug and
hardware store, restaurants and various retail shops. The
Barfield Sub-District is surrounded by established single family
neighborhoods. The boundaries of the Barfield Sub-District are
depicted on Map t~ 5 below.
05/06/97 8:39 AM
AGEN[~A ITEM
MAY 2 1
IARItlELD SUIDISTII~ICT
OF TNI COMMUNITY COMMI~CIAt, DISTRICT
M~p 5
2.2.26.7.1.2.2.1
Page 18
Pcrmitted, (~onditionai and Accessory' ~'tes. As _~rmirted ir~
lh¢ undcrl¥inl~ zonin~ district, cxccp: that ITlixcd u~;I
05/06/97 8:39 AM
MAY Z 1
development is ~rmined, subiec~ t9 the vrovi~ion$ set forth in
section 2.2.26.?.1.of th~_~_o_~e. All u~e$ and ~tmctures that a~
accessory and incidental to m. ulti-fami]¥ dwellings, as provided
for in section 2.2.6.2.:2. 9f3his code, shall be verrnirted in
col3junction with an avproved mixed use_clev~:lovment.
2.2.26.7,1.2.2,2.
Page 19
Development St~d, ard~;
Commcrcia! ~Ise$, ]32le~ development standard,5 for the
~0_d_.erl¥ine z.9.g.[ag_dist__~[~;hall apr)Iv, except ~ follows;
Required yards: As set forth in Ce unqlerlvin~
~i~trict, excep~_ as followE
I ~ear ¥~rd'25 f~I
2. Side Yard: 0 or I ~ fee. t Ot a mirfimum.
Mixed U$¢; Mixed uses' are i>ermined subject to the
provisions set forth in section 2.2.26.7.1, Residential
com[xpnents of any develovment ,shall either ~ located
in an indcpend,nt rllulti-family ~.mcturr, or located
alpove comm.ercial ~$es if 19catrd within a mixed use
structure. Residential u.nits shall not be located on the
first floor 9f any mixe0 ¢$¢ ~tructure.
a)
Minimum Dwellin£ Unit ,~rca: Efficiency - 450
~quare feet: one Ix:groom - 609 square feet: twvo
or more be. droo~s - 750 squorg fe~t.
Maximum Density: 12 units ~r acre.
Commercial and Mixed Use. The following develovment
~tandards apply to all dcvelor)men! within the Barfield
a)
Maximum Hei£ht: Three habitable stories.
whether residential or commercial, not to exceed
forty feet {40¥
b)
05/06/97
?arkin£: AS provided for in the division 2.3. of
~his code.
8:39 AM
2.2.26.V.1,2.2.3
2,2,26,?.1.2.3.
Com~nercial Desien Guidelines: 5ubjegt to th.e provi,sions of
Division 2.8., Architectura! .an__d Sit~ Desi~ Standards and Site
12)esiitn Standards for Commercial B~i]din~s and Projects,
Marco L~,e $~b-Dhtrict ,. The Mo. rco lake Sub-District is
located adiacent tO Marco Lake on the ,sout. h .side o£ First
Avenue, a~d ~tween Front Stree$ and Marco L~¢ Drive.
Existinl~ land uses vary widely from. retail shop~;, restaurants and
galleries, and a hotel, to medical and contractors offices with
OUtSide storage areas. Mo.s_t existinit .structures we two story a~qd
w.~re const .fueled in exce.s_s of twenty years a~o. This is an older
subdivision v,'ith .small twenty-five foot wide planed lots. The
boundaries of the Marco Lake [.ub-District are depicted on Map
# 6 below,
Page 20
05/06/97 8:39 AM
No.
1997
MARCO LAKE SUIDISTRICT
O/I~ THE COMMUNITY COMMERCIAL DISTRICT
Mzp 6
2.2.26.7.1.2.3.1.
Pagc 2 1
lP~:rmitted, I~onditional and Accesso~' Uses. AS permitted
the underlying zonino_ district, ex~;:ept that l~i?ced
development is p.¢rmitted, subiect to the provisions set fc
05/06/97 8:39 AM
i,n
'th in
MAY 2 1 1997
section 2,2.26.7.1.of this code, All uses and structures that ar~
accessory and incidental to multi-family dwellines, as provided
for in section 2.2.6.2,2. of this ¢9d~, shall be ~rrnined in
con;unction with an ar, r~rov~_d_mi×ed used~velopment.
2.2,26.7.1.2,3.2. Developmem
1.
Commercial Uses. ~The dev¢looment r~andards for the
ur~der!yin...q zonine district shall am>Iv, excem as follows:
Page 22
g_)_____~~ard$: ~s set forth in the underl¥irm
$id¢ [card: 0 or .a minimum separation of
10 feet be.!ween ~tructures.
2. Rear Yard; l ~ f¢~'t.
Mixed Use: Mixed uses are ~rmiued subject to the
provisions ~;et forth in ~ectjorl 2.2,26.7.1. Residential
c0mp0oents of WY mixed use dev~lovment shall be
10cared above q:ommercial uses. Residential units shall
not be located ir~ a~ i~Oepe~dent multi-family structure.
nor on t,h,~ first floor ofanv mixed use structure.
a)
Minimum ~)wql[ing Unit ~r¢ct: Efficiency - 450
,~quare feet; one bedroom - 600 square fee!; ~'o
or more bed.~ro0.ms - 7}0 souare feel;.
b) Mcat;mum Dens;r},: 12 units per acre.
Commercial and Mixed Uses. The followin~
development ~tandard~; avplv to all development within
the Marco Lake Sub-District.
Maximum Height: Three habitable ~tofies.
whether residential 9r comr0ercial, not to excee0
forty feet (40').
b)
Parking: For commercial us~, as rq:q
dMsion 2.3. 9f thi~; code. Th, gXil;tim
05/06/97
8:39 AM
Lake Drive Bu~;iness District provides for
redux:ed parking for prover'ties located within it8
~.oundarie~..A petition, to expand the b991adarie5
of the Marco Lake Drive Business District to
in_._clude, odditional public on-street parking a!on~
Front Street may be submined by petition to the
.bgard of cgunty commissioners for consideratj0n.
.~__e Board may (;:gnsider the following factors in
reviewin~ ~uch a request: the number of property
.o. wners adjacent to the east side of Front Street
and the south ~;ide First Avenue supporti.ng the
request: evidence of financial commitment on
t..he part of such property_ owners to fund an)'
jmproven.lents within the .fight-of-way required
to expand the boundaries of the Marco Lake
Drive Business District; 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.
2.2.26.7.1.2.3.3.
Commercial Design Guidelines: Subject tO the provisions of
Division 2.8.~ Architectural and Site Design Standards and Site
Design Standards for Commercial Buildings and Projects.
2.2.26.7.1.2.4.
Communit3' Center Sub-Distric~ - The Community Center
Sub-District is located in the geographic center of the island~
and contains such existing land uses as the Marco Island
firehouse, the Marco Island healthcare center, various medical
and other professional offices. /he boundaries of the
Community Center Sub-District are depicted on Map # 7 below.
Page 23
05/06t97 8:39 AM
No. JWN
MAY g 1 1997
COMMUNITY CENTER SUIIDHETRICT
OF THE COMMUNITY COMMERCIAL DlliTRICT
Map 7
2.2.26.7.1.2.4.1.
Page 24
Permitted, Conditional and Accessory' Uses. AS permitted in
the underlying zoning district, except that mixed ruse ^G£~C~iT£U~
development is permiued, subiect to the provisions set fo lh ir, No. 'bP~, _
gAY 2 1 1997
05/06/97 8:39 AM
~,2.26.?.1,2.4.2.
~.2.26.7.1.2.4.3.
section 2.2.26,7.1.of thh~ code 6Jl uses and_ s_tructures that are
accessory and incidental to multi-family dwellings, as r~r0vided
~r in section ~.2.6.2.2. Of this co,~le, .~hall be pe, mined jn
conjunction with an approved mixed use devel0pmqmt,
Development Standards_:
C_ommerciql Use.~g development standards for the
underlying zoning district shall apply, except a~ follows:
~)
R_equired yards: As set forth in the underlyinl~
gonin~_district, except as follows:
1. __Rear Yard'25 feet
2. Side Yord: 0 or a minimum of 15 feet.
Mixed Use.' .Mixed uses are permitted subiect tO the
provisions set forth in section 2.2.26.7.1. Residential
components of any mixed use development shall b,
located above commercial uses.
a)
Minimurn Da'e/ling Unit Area.'_. [fficiencv - 450
square feet; one bedroom - 600 square feetl two
9r more bedrooms - 750 square feet.
.b) Max/mum Densiqv 12 units per acre.
Commercial and Mixed Uses. The following
development standards applv t.o. all development withi,t
th___e Community Center Sub-District.
a)
Ma:cimum Height.' Three ha_bitable stories,
.whether residential or commercial, not to exceed
forty feet (40'~.
b)
Parking& As required in division 2.3 of this
.code.
Comm.ercial Design Guidelines: ,Subject to the provisions of
.Division 2.8, Architectural and Site Design Standards and Sit,
Design Standards for Commercial Buildings and Projects.
Page 25
05/06/97
8:39 AM
AGENDA ITEM
~AY 2 1 1997
2.2.26.7,1,3,
Villa~te Commercial Diskfit. The vuroose of this distr/ct is 19
vrovi~e a mixture of r¢~identi~tl uses and armropriale
commercial uses l(> m_ajntain [he higgric, villaee ,character of
Ihe re'ea. The 1;>ggn..qLaries ofthe Village Commercial Dir."ict eae
de~>Jcted on Map # 8 below,
C~LLI£R
Page 26
VILLAIIi~[ COMMIIRCIAL DliiTRICT
Map 8
05/06/97 8:39 AM
2.2.26.'/.13.1.
p~rmitlcd, (~gnditional and ^ccessorT Uaes. A~; ~cd ~n
~e ~dcrlyine zoning dist~ct, exccp~ that ~ixe~ x~
~evelopmem is ~iued, sgbject to the provisions ~t fo~h jn
~c~ion ~.~.26.7~. of this code. All uses ~d structures ~at ~
accesso~ ~d incidental to multi-family dwellinRs, ~ provided
for in ~xion 2.2.6.2.Z of thi~ c~e, shall ~ ~incd in
ggnjunction ~fith an approved mixed u~ development.
2.2.26,7.143.2.
Dev~10pment Standards:~
1. Commercial Uses.
a~
Merchandise Storage and Display: Merchandise
_storaee and display is i)ermitted on properties
zoned C-5 within the Boundaries of the Village
Commercial District as an accessory use to
permitted commercial uses, subject to the
conditions and requirements set forth in Sections
2..2.15½.5. and 2.2.15'/~.6. of this code.
Additionally, chain link fencing is not pertained
when visible from a public street, except in
coniunction with landscape plantings which
provide a minimum 80% opacity at a height of
six feet at the time of planting. Existing outdoor
storage areas located within the Village
Commercial District shall conform to this
provision, as well as the provisions set forth in
Sections 2.2.15'/2.5 and 2.2.15½. 6.
within one year of the date of adoption of this
overlay district.
Mixed Use and Residential: 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 above
commercial uses if located within a mixed use structure.
a)
b)
Minimum Dwelling Unit Area .' Efficiency - 450
square feet~ one bedroom - 600 square feet; two
or more bedrooms - 750 square feet.
Mtz¥imum Densit3,: 8 units p~r acre. ~o. ~
MAY 2 1 1997
Page 27 05/06'97 8:39 AM pg. _~C)
~ommercial, Mixed Use and .Re. sidential. The .fo,lo',~i~
developmcnt standards apply to all development v, ithil~
.the Village Cor0rngrcial Di~triq:t.
.a)
Maximum Height: Three habitable stories,
whcther residential or commerc, iai, not tO exceed
f0r~;y feet (401),
b)
Parking: For commercial uses, as reqtuired in
division 2.3 of this Code. The minimum lnumber
of___Off~street parking spa_gces ~hall bg required on-
site, as provided for in Division 2.3 of this code,
unless one of the following is approved: an
.site or shared parking petition pursuant tO the
requirements and procedures set forth in division
2.3 of this code; a variance from the rgquired
number of parking ,spaces as provided for in
Section 2.7.5. of this code', or, with the
,submission of a multiple site improvemer~t plan
(MSDP) or site glevel0pment plan (SDp)
pursuant to the provisions of section 2.2.26.7.2.
of this code, two or more adjacent Iproiects
located within the boundaries of the Village
Commercial Sub-District may be approved for a
fifteen percent (15%) reduction in the required
amount of on-~ite parking. Additionally, where
the combined commercial squar.e footage of the
two or more adjacent proiects is equal to Or
greater than 20,000 square feet, required parking
ma',' be based on the ratio provided in divi.sion
2.3. of this code for shopping centers. The twenty
percent (20%) limitation on restaurant square
footage for shopping centers set forth in division
2.3.~ may be increased to thin',' percent (30%).
2.2.26.7.1.3.3.
Page 28
Commercial Design Guidelines: Subject tO the provisions of
Division 2.8., Architectural and Site Design Standards and Site
Design Standards for Commercial Buildings and Proiects.
Development of new structures which employ architectural
features consistent with those t-,'pically utilized on existing
historic structures in the district is encouraged. Historical
structures located in the area include the Captain Collier
House, which incorporates architectural features tvpical?f The
Florida (]racxer style, including metal roofs and c~'eredno. !
| MAY211991
05/06/9? 8:39 AM I PI.
~,.u2,26,7.1.4.
_notches; and the Old Marco Inn which incorr~rates ~abl~
roofs, and ~e~ailcd tri~.~lld architectural fcavar~,
Tow-, Center/Mixed Use Di~trj~;t -_This district is int~ded to
I~ the major activity ccn:~ servine thc communi~ of Marc9
Island and as ~uch To function as a center of r~sidentia].
commercial and entertainment activities on Marco Island. This
District r,~rrnits re~idemial and comm~i~ developmenl, as
~cgl use ~ects. The boundarie~ of the Tov~ Cent~
District are der[creel on MaD # 9
Page 29
05/06/97
8:39 AM
AGENI~A fl'£U
no. '~/..~ _
MAY g ! 1~7'
2,2.26.7.1,4,1.
Page 30
TOWN CINTIR COMkliRCIAk. DISTRICT
Map 9
Permitted, Conditional anl! Accessory Use:~.: As _t>ermittcd by
thc undcrl¥inlt zoning district, cxccot ~ follows:
i. Commercial t/ses. The full range 9fcgmmercial uses. a?
~rmin¢5t lpY the underlying, zoning di~;tr
~rmit~ed~
05/06/97 8:39 AM
~o. ~
MAY ,~ i 1997'
PI- ~
Multi-family res. idential and mixed ~se$, Muhi-fami[y
residentia! and mixed ¢S¢~ are permitted subi,.ct
provisions set forth in section 2.2.26.7.1. of this cod~,
ge, sidential comr~nents shall either Ip¢ located
i_nde~pdent multi-family structure, or shall be located
above .com, mercial uses if located within a mixed use
~lyucm. re.
2.2.26.7.1.4.2.
Developmen! Standa!r0.~
Commerciql Uses. ?ne development standards for :he
underlying zonin~ district shall at>ply, except as follow$:
Merchandise Storage and Disp!aT.'_ Merchandi,s,-
_storalze and display is permitted withir! the
Boundaries of the Town (~enter/Mixed Use
District, as an accessory use to permitted
commerci_a.I uses, subiect to the conditions and
requirements; set forth in Sections 2.2.15'A.5. ~d
2.2.15'/~.6. of this code. AdOitionally, chain link
fencing is not permined when visible froro 0
p.ublic street, except in conjunction with
landscape plantines which provide a minimum
_80% opac_jtY at a height of six feet at the time of
planting. Existing outdoor storage areas located
within the Town Center Mixed Use District shall
.conform tO this provision, a~ wall as the
provisions set forth in Sections 2.2.15 v~.5 and
2.2.15 '/r 6. ,of this code within one year of the
date of adoption of this overlay district.
Mixed Use and Residential: Muhi-family residential and
mixed uses are permitted subject to the provisions
forth in section 2.2.26.7.1. Of this code. Residential
components of any mixed use development shall either
.be located in an independent multi-family ~;tmcture, or_
shall be located above commercial uses, if located within
a mixed use structure.
Page
Minimum Dwelling Unit Area: Efficiencv- 450
Isquare feet; 9ne bedroom - 600 square feet; two
9.r more bedrooms - 750 square feet.
b) klctrimum Densir},.' 12 units per acre.
05/06/97 8:39 AM
AG£N~A JTEM --
MAY 1 1997
P~' ~
2.2.26.7.1.4.3.
Commercial Desi~,n Guidelines: S. ubiect to the provision, 9f
Division 2.8., Architectural and ,Site Design Standard~ and Si~e
~)esi~n Standards for (~ommercial Buildings and Proiects.
2.2.26.7.2.
Additions~ Site Improvements and Redevelopment: Owners
of two 9r more contiguous properties located whhin the
.b0updari.e$ of the Collier 139ulevard Pegestfian Tourist Su~
.District of the (~0~munity Commercial District, the Town
(~enter Mixed Use District, 9r the Villaee Commercjial Districl
_may apply for a fifteen, percent reduction in the req.uired amoum
of on-site parkin~ w4!h approval of a multiple sit.e improvement
plan (MSIP), where no additional square footage is proposed, or
a site development plan ($DP), subiect to the provisions 9f
division 3.3. of this c. 0de. Minor additions of impen'ious arena
necessary to enhance vehicular, bicycle or pedestrian access to
and from buildings and parking areas, not to exceed two
thousand square feet, may be reviewed under the site
improvement plan process and shall not require an engineered
water management plan.
2.2.26.7.2.1.
Conditions of Approval. The MSIP or SDP shall adhere to the
provisions of division 3.3. Site Development Plans, ~ind ,shall
demonstrate that the following have been adequately addressed'
provisions for bicycle and pedestrian access to and from
the site, and between adjacent buildings;
provisions for parking and access for the disabled ag
required by Division 2.3 .of this codel
provisions for enhanced on-site landscaping to the
greatest extent possible, as required by division 2.4. of
this code;
provisions to maximize shared use of infrastructure such
a_.~_s parking, sidewalks, ingress and egress points and the
!ike;
provisions to maximize the safety and efficiency of
intemal traffic circulation patterns;
provisions to eliminate or structurally alter On-site
nonconformino, si~naee such that it conforms with the
provisions of division 2.5. and section 2.2.26.10. of this
code.
2.2.26.7.2.1.1.
Additional Conditions of Approval for Properties Loc,
within the Boundaries of the Village Commercial District
addition to the provisions above, within the Village Commel
Page 32
05/06/97 8:39 AM
AGENDA ITEM
~tect ~,. ~
:iai MAY 1 1997--
~.2.26.7.2.1.2.
Page 33
District or Town (:enter Mixed Use Pistrict, the MSIP or SDP
.shall demor~str.ate that provisions have been made to maintai0
.ap.d/or enhance the pedestrian and/or bicycle access to, and view
corridors of, the water on waterfront properties for r)ro. perties or
projects equal to or gre.ater than one acre in size. Within the
Village Commercial District, provisions shall be made to
~reserve existing ~tructeres which are design.ated histohc~J by
the County or the State. These provisions may include, but are
pot limited to the creation of the following:
Pedestrian/bicycle easements. Where pedestrian
and/or bicycle easements or view corridor
.easements have been granted to the public, an
administrative reduction of a rear and/or side
yard requirements bv up to ten feet may be
granted b.y the planning services director or his
designee; and,
State and/or local historic designation. Specific
structures or sites of historic significance which
are designated as historic structures or sites may
Jn coniunction with such certification, be granted
an administrative variance from .specific
development standard[, including required yards,
p,~rkine, and landscaping in order to facilitate
historic preservation. A request for such a
variance may be granted by the planning services
director, or his designee, based upon
demonstration of need. The request shall be made
in writing accompanied by the following:
payment of fee required for an administrative
variance in effect at the time such request is
made; a plot plan of the subiect property, drawn
to scale, depicting all structures and proposed
improvements; supportive information iusti~'ing
the need for the variance.
Review Submittal Requirements. Upon review and approval of
an MSIP or SDP, a fifteen percent reduction in the a~eregate
amount of on-site parking required shall authorized. The MSI~
shall be reviewed and approved by the planning service~,
director or his designee, and shall include all of the following'
a) A completed application for MSIP or SDP;
05/06/97 8:39 AM
MAY ~ 1 lCjgT
b)
c)
2.2.26.9.
2.2.26.10
2.2.26.10.1.
2.2.26.10.2.
Page 34
A notari,z.eql affidavit authorizing the agent to act o8
behalf of all prgperly owners, signed by all vror>ert~
owners;
A MSDP or SDP as provided for in Division 3.3. of this
code, and the following .addjtional items:
Provisions for internal vehicular traffic
circulation ~tween adiacent parcels;
Provisions for a reduction in the numlper of
vehicular ingress/egress points and compliang,
with the (~o.unt.v'[ Acce,ss Manage. ment Plan. to
thc greatest ex!ent r',ossibte.
Provisions for up~radin~ of all require0 varkin~
for the disabled to current County and ADA
standards;
Provisions to upgrade and install required
landscaping per curren, t County standards, to the
greatest extent possible;
Provisions to remove or alter al! existing
nonconforming signage to conform tO current
County code, and submission of a Unified Sign
Plan if none exists for the subject project(s); and
Provisions for bicycle racks and pedestrian
connections between
areas to buildings,
buildings. Shared
encouraged.
buildings, fi.om parking
and from the street to
pedestrian ways are
IReservedl
Signs.
Purpose and Intent: The purpose and intent of this Section is to
provide specific signage development standards and design
guidelines for signs to ensure orderly and appropriate placement
of signs. These regulations are intended to minimize the
proliferation of signs, while providing for well designed, well
constructed, and appropriately located informational signage in
both residential and non-residential areas:
Development Standards. Signs erected wSthin the areas subject
to the Marco Island Master Plan shall adhere to the restrictions
set forth in division 2.5 o. fthis code, and shall further ad:
the restrictions set forth herein. I:~ the case ora conflict b
the m.'o sections, the more restrictive shall apply.
05/06/97 8:39 AM
~.2.26.10..2.1.
2.2.26.10.2.1.!;
~.2.26.10.2.1.2.
Signs ~i_~l Districts:
_ ~lluminotion.2.~igns erected on residentially zoned properties
shall not be ill~rninated unless specifically permitted herein or.
in the case of approved cond !ional .uses, as may be approved bY
~he Board of County Commissioners. The sign and sign cory
l~ha]l be n.on-reflective~
Reol Estate Si£ns: As defined in article 6 of this code. one
ground or.wall. '2F~or S.a.l_e'__~. "For Rent", or similar si~n, i~
permissible, for each lot havi~ng street frontage, and shall not.
require a building, ge_trait, subiec! to the conditions note below:
For the purpo.ses of this section, frontage on a navif~abLe
waterbod,/ or a golf course shall constitute street frontage.
Durin~er~'ised real estate open houses, an.. }'open hous.e'~
sign, no larger than four square feet may be erect, ed in addition
to the real estate sign. Where the open house is not located on .a.
collector or arterial street, in conjunction with an approved
right-of-way permit, a single off-site directional sign, not t..o.
exceed four square feet, may be pertained during the supervised
o~pen house: .S_aid off-site directional sign shall be placed at the
intersection of the arterial or collector street vrovidinK access to
the local street on which the open house is being conducted. N9
other off-site signs shall be perrrjitled. All such signs shall be
removed at the completion of the open house, and duripR non-
supe~'ised hours. Real estate signs shall not be illuminated in
any manner.
Real estate signs max' mention only the name, address an.d.
telephone number of any two of the following entities: the
property owner, real estate broker, investment company or
business firm licensed to sell real estate in the State, the name
and address of the salesperson, or real estate agent, and the word
"pending" or "sold" may be au, ached to the face of the si[n
within the 12" x 1 8" sign face, until closing,
2.2.26.10.2.1.2.'
Real Estate Signs On Single Familr Zoned Properties (see
Illustration I below)...
a_)_ Marimum Size: 12 inches in height by 18 inches in length,
Signs max' be double faced, provided each sign face cot rains
:1 tO,, No.
the same copy Such signs may be located either parall
or perpendicular to the adiacent right-of-way. No addi'
riders or information boxes shall be affixed to this sign.
onal
MAY 2 1 1997
Page 35 05/06/97 8:39 AM
]2)_ Color: Whi_te Background. Lcrterin~t may be am,' single
color; 20 percent of the sign face may include the display of
a logo which may include multiple color~;.
g.)_ Sign Supports: Supr>orls ~;hal] rlgt exceed two inches (2") bY
two in. ch_c~, All suppon, s shall either be white or bi.ach.
d_)_ ~{aximum Height: Three f~gt (3') a~, measured fl'.om averalte
finished ~round elevation.
.~ Setbacks: Said si_~ns may be ¢laced at th, pro~rw line.
bowevnr, in n9 case ~hall such sign be l~ated any closer
than fi~tnen feet [15'} to the edge of pavement of as!y
adiace.nt public ~treet.
Illustration I
2.2.26.10.2.1.2.2.
Real Estate Signs On RMF Zoned Properties (see Illustration 2
below).
Page 36
a_)_ Maximum Size: Four square feet. Signs may be double
faced, provided each sign face contains the same copy. Such
signs may be located either parallel to, or perpendicular to
the adiacent rigM-of-wav. No additional riders or
information boxes shall be affixed to this sign.
No. ~
MAY 2 1 1997
05/06/9'7 8:39 AM Pi. --~ g
Colors: Wh. it.e..baqkground. Lettering roar b~ any $in~zle
color; 20 ~rccnt o£ the si~n face may include the display of
a lo~o which may include multiple colors.
Sirn Suvt;orts: Suvports shall not exceed two inqhe~ (2"~ Ipy
two inche.s. Ali ~upvorts shalt either be white or black.
Maximum Hei£ht: Four feet (4') aS ,measured from average
finished ground eleva!io~.
Setbacks: ,~aid sin',ns May b~ placed at the vro~rt¥ line,
I~owtver, in n9 case shall such ~ig~ be located any c~oser
l, han fittecn f~.et (15') ~o the edge o£ pavement of ~y
adjacent ~ublic $~r~et.
Illustration 2
2.2.26.10.2.I.2.3.
Page 37
Model Home Signs (see Illustration 3 below): A single on-
premise sign for a model home, approved in coniunction with a
temporary use permit, is permitted. Copy on a model home sign
~hall be limited to the name of the model, the
developer/builder's name, address, phone number, logO, and
that of the licensed real estate company;broker, investment
company or business firm licensed to seli real estate in the State,
or the name and address of the salesperson, or real estate
marketin~ the model. Model home signs shall not be illuminat~'
EAY 2 1
05/06197 8:39 AM
in any manner. No other signs, includine real estate and
construction signs shall 1~ placed on pro~rty on which a model
home sifm i~ ereq:tcd
9.)_ [~faximurn Size; 16 sc~uare feet. Signs may be double faceO
provided each sign/'ace con. rains, the ,same cory. Such si~.ns
may b~ located either par.al!el to, or perp¢.ndicular t9 the
_adjacent ri~ht-of-way. No additioP~[ ridcr~ or jrsformgtiqn
~xes shall be affixed to this sign.
b_)_ Maximum Hei£ht: Six feet f6') as measured from finished
arade around the base of the si~n.
~ Colors: The background of a model home si~,n may either
~. arch the principal color of th.e model home, or shall be
white. L.ertcring may be any single color; 20 percent of the
shin face may include ~he display of (a) Iogo(~) which may
include multiple color~.
d) _Setback.' Said signs may be placed at the property line,
however, in no case shall such sign be located any closer
than fifteen feet (15') to the edge of pavement of O,P¥
adiacent public street.
Illustration 3
~0~ ~'~
2.2.26.10.2.1.2.4.
Page 38
Construction Signs (see Illustrations 4 & 5 below): A sinele
construction sign may be erected on any residential property for
which a building permit has been granted. No buildin~
si~n
.~hall be required for the construction sign, however, said
05/06'97 8:39 AM
MAY g i
~bal[ be securely constructed arld erected. Cow on
construction siRn shall be limited to the l~ame an..d telephone
number 9.f the deve}gner, archjteCt.u, ral, plar0~in~ and
engineerin~ firm, contractor and/or subcontractor(s) on the work
under q:onstruction, ~r~d the name of the inqlividual(s3 for whom
the dw~:llin~/addition i~ being conslructed. Construction signs
,shall not be illu~il3ated in a~y manner and shall
Ihe front yardi parallel tO the adiaeen!
Constructit?rts signs shall be removed at such time
certificate of occupancy is ~ranteq!.
a_)_ Mczrimum ~;ize: 7ix square feet for ~ingle family, si?cteen
square feet fgr multiffa_m_i]y. Signs shall be single faced,
with lhe back si.de Of the sign being, utilized as a '_'_m:rmit
board". Such signs shall be lgcated parallel to the adjacent
fight-of-way. No additional riders or inforrrlation boxes shall
be affixed t0 this sign, except tubes or Ix)xes desii~ned to
hold construction plans.
b_)_ Maximum Height: Six feet (6"1 a~ measured frgm average
finished ground elevatio.n..
c_)_ Color: The copy ~ide of a (:'gnstruction Silm shall ~ white,
Lettering ma,,' be any colorl 20 percent, of the ~;i~n face may
include the display of lo~.o(s) which may include multiple
c. glgrs.
dj._ Setbacks: Said signs may be placed at the property line,
however, in no case shall such ~ign be located any closer
than fifteen feet (15') tO !he edge of pavement of any
adiacent public street.
Page 39
05/06/97 8:39 AM
MAY 2 1 1997
Illustration 4
Illustration 5
2.2.2.10.2.1.2.5.
Page 40
Incidental Information And Directional Si£ns:
four (4) incidental non-commercial information or dir,
s~gns may 't,e erected on. residential properties and Isl
require a building permit. Examples of such signs inclu
05/06~97 8:39 AM
A maximum of
or insignia plaque_s identifying th~ home or homeowner,
TresDassini? signs, "[3eware of Doiz" signs, and other
lvves of infom~ational si[ns.
Maximum Size: !2 inches in hcJmht by 18 inches in
b)
3,[.,aximum Height.' Three feet al; measured from average
.finished ground elevation, or, if art,ached tO a wifil 9r
fence, not to exceed the r0aximum height of .said woll 9r
fence;
~.2.26.10.2.1.2.6.
Subdivision/?ro/ect Signs: At each entrance to a ~r~ecific
~;ubdivision, neiehborhood, or m~lfi-family project, two l~ro~lnd
or wall entrance or iate signs may be located at each entrance to
the project. Such slims ,shall contain only the name of the
.subc;livision, neighborhood, or Project in which it is located,
.subject to the following:
3Iaximum Size. The ground or wall signs, in
combination, shall not exceed a maximum ,size of 64
,square feet, with no individual ~;ign exceedin~ 32 square
,feet.
..b)
Maximum height and width: The heieht of a ground or
wall and shall not exceed the heieht or width o£lhe wall
or Rate upon which it is located.
b)
Required setback; Said signs shall maintain a 15 foot
setback from any vroverty line. Signs placed on a fence
or wall shall adhere to the applicable restriction set forth
in Section 2.6.11. of this Code.
[l.2.26. ! 0.2.1.2.7. Conditional Uses Within Residential Districts
al_ Apvroved Conditional l,J.ses within residential goned
districts are permitted one watt or ground sign, not to exceed
~2 square feet. Comer !ors ar.e permitted 2 wall signs.
Bulletin boards and identification sign.s not exceeding !?
.square feet are permined for public, charitable educational
or religious institutions. Said signs shall not be illuminated.
~.2.26.10.2.2.
Page 4 1
I
Signs in Non-Residential Districts (includes P, CF, RT){
05/06/97 8:39 AM
No. -
MAY 2 1 1997
,,s.
;L2.26.10,2.2.1.
Real Estate Sig_nsfsee Illustration 6 t2¢!ow): As defined in
Article 6 of this code, one around or wall '_'For Sale,, ,For
Rent". or similar sign, is ~rm_i,sible, for each lot havin~ street
frontage, and shall not require a .building permit, subject to the
conditions noted below. Real Estate Signs ~shall pot IX
illuminated ia any manner.
Real estate signs may mention only the narlae, addre$1~ g.nd
te!ephone n'omber of any two 9f the following entities: ~e
property owner, real ,sla!e broker, investment ~;omvan¥ or
.business firm licen~;e.d tO sell r,gl el;tare in the Sm.t,, 9r the nam,
and address of the salesperson, or real estate agent. The word
"pending" or ,~old" may lx attached t9 the face of the si~n
within the 12" x 18" sign face, until closing.
Maximum Size: Four square feet. Signs may be dou.ble
faced, provided each face contains the same content. Such
signs may be located either parallel to, or perpendicular t9
the adjacent right-of-way. NO additional riders or
information boxes shall be affixed tO this sigr~.
Co/ors: White back~round. Letterin~ may be any single
color; 20 percent of the sig. n face may include the display of
a logo which may include multiple CQ!Ors
c) .Sign Support: Supports shall Dot exceed two inches by two
i_n...che~. All supports ~hall be white or black.
e)
Maximum Height: Three feet as .mea,sured from average
finished ground elevation.
Setbacks: Said signs may IX place,d at the property line,
however, in no cas.e shall such .sign .be located any closer
than fifteen feet (15') to the edge of pavement of any
adiacent public street.
Page 42
05/06'97 8:39 AM
lip
Illustration 6
2.2.26.10.2.2.2
Page 43
Construction Signs (see Illustration 7 belgw), A sinzle
construction sign may be erected on any pgn-re~identiol
property for which a building permit has lpeen re'anted. NO
building permit ~hall be required for the c. on~'t~ction ~;i~n.
hgwever, said ~;ign shall be ~ecurely ~gn,tructed ired erected.
Copy on a constructign sign shall be limited to l;he name and
telephone number of the developer, architectural, r~lanning and
engineering firm, contractgr and/or su .bcontractor(~) 9n. the work
under construct/on, and the name of the ipdividual(s) for whgm
the dwelling/additign is being constructed. Construclign lfigns
shall not be illuminated in any manner .and shall b~ located in t
he front yard parallel to the adjacent right-of-way Cursuarlt to
the sqtback restrictigp~ contained in Div. ;2.5 0f this q:0de.
~onstructions signs shall be removed at such lime a.5 a
certificate 0f occupancy is granted.
Maximum Size: Thirty-tw9 square feet. $ign~ ~hall be
single faced, with th.e back side 9f the ~ign being utilized as
a "permit board". Such signs shall be located parallel to the
adiacent r/ght-gf-way. NO additional riders or information
boxes shall be affixed to this sign, except tubes or boxes
designed to hold construction plans.
05/06/97 8:39 AM
MAY 1 1997
b) Maximum He.[.ght: Six feet as measured from averae, e
finished ground elevation..
¢) Color: The copy side of a construction sie. n shall be white.
Lettering may be any color; 20 l~rcent of the siizn face r0ay
inclu, dq: the display of 19~o(s~ which may include multi_~l¢
.colors.
d) Setbacks: _Said siens may be placed at the pro~rt¥ line.
however, in no case shall s~ch sign be locatq:d any clos,'r
t_.han fifteen feet (15"/ to the edge of pavement of any
adiacent public street.
Illustration 7
2.2.26.10.2.2.3
On-Premises Permanent Signs: On-premises permanent si~.ns
are encouraged to be designed, constructed and located in Such
a fashion so as to be integrated with, and not detract from, the
existing development pattern in the neighborhood.
2.2.26.10.2.2.3.1.
Unified Si£n Plan: An application for site development or site
improvement plan as provided for in section 3.3 0fthis code, for
commercial or mixed use proiects, shall be accompanied by
unified si;znap, e plan as required by division 2.8. of this code.
2.2.26.10.2.2.3.2.
Page 44
Permitted types of ~igns and specific development standards
by si~n t3'pes~
No
2 1 1997
05/06/97 8:39 AM
Wall, Mansard, Cangp¥ or Awning Si_gns: A simzle wall,
!rB. an~ard, .canopy or awning, sign is _lx..wnirted fgr each
single occupancy parcel, or for each estab!jsbment iO ~
multiple occupancy parcel. Comer buildings or ~;orner
units withi.n a building .roay have 9ne sign on each
frontage wall of the unit or building not to exceed two
signs.
No wall, _mansard, canopy or awning sign shall
exceed 80% of the width of the unit(s) occupied b.y a
business with a minimum of 10% clear area on each
outer edge of the unit{s'}.
__Wall signs for a multi-tenant building shall be
located at a uniform height on the building facade,
for the top and bottom of the sign, except that anchor
tenants ma,; vary from this requirement of uniform
size and height.
Wall, mansard, canopy or ax,ming signs may not
exceed 15% 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 150 square feet in any case.
b)
Pro/ectin7. sis:ns. Proiecting signs may be substituted for
wall or mansard signs provided:
The Proiect;ng sign does not protrude greater than
four feet from the building wall to which it is
attached;
2._.~ Proiecting signs shall not exceed 20 square feet of
displa¥ area.
3. Projecting signs shall not extend above the roofline
0fthe building to which it is attachedl and
Page 45
Ground Signs:
05/06/97
Proiecting signs which may proiect over an~.'
pedestrian way shall be elevated to a minimum
height of eight (8) feet above said pedestrian way.
NO. _-~r'x _
8:39 AM
Page 46
d)
e~
1._~ The height of any ~round sim shall not exceed twic. e
the width, and the wi,clth shall r~ot exceed twice
Orourxd signs shall not exceed eight feet (8') as
measured from the fini~he.d grade of the lot on which
the ~;Jgn j.s located to the top of the sign face,
/krchitectural treatment~ c0. DSistent with building.
.architecture on site, such as arches, columns.
ct~polas, and Other such treatmentl; shall be permitte:d
to a h¢iliht of twelve (12) feet.
Pole signs:
__ Pole signs shall provide a pole Cover. the width o.f
which shall be a minimum of twenty (20) percent of
the sign structure and extending from the bottom of
the sign structure to the ground, completely covering
the supDortinl2 t>ole(s):
A minimum, two foot perimeter planting area shall
provided around the base of any Dole si~zn, consistent
with the provisions of divi;;ion 2.5. of thil; code. The
two foot perimeter shall be measured from the
overall width of sign;
Pole sign'; shall not exceed fifteen feet (15') in
height as measured from the finished grade of the lot
on which the sign is located.
Director5' Signs:
1. The maximum size of any single directory ~;ign shall
not exceed one hundred ~quare feet.
qYopy shall include the shoppi.n.g center or building
name and street number and may include the name(s)
of 2 or more persons or businesses associated with,
or events conducted upon, or products or services
offered upon the premises upon which the sign is
located.
Under-Canolov SighTs:
05/06/97 8:39 AM
]n addifi0,n t9 ~tY 9~her sign permitted bY thil~ code.
9ne under-canopy $i~n is required for each t>usiness
ip a multi-occupaDc, y Ippilding:
_ UDder-~;anopy ~igns shall not exceed ~ix square fee, S
for each establishment in a .shoDving center or lmU]tb
tenant building;
No buildimz permit is required to erect an 9Dqler-
c~nODy sigD (unless ther~ is ~ ~:l¢ctrical
comDonent);
Under-canopy .signs shall adhere to ~e common
siRna~e theme for the property;
Under-canopy signs shall be installed a minimum of
ei~zht feet.
2.2.26.!0.2.2.3.3. General Development Standard,s:
Construction materials.'
Signs and any supporting structure ~hall b~.
constructed 9f ¢B$, w99d (with raised or
engraved lener~), stone, metal, or durable oDaoue
plastic. PIywoo.d is not perrnis, sible as a finis.h, ed
sign face material.
b) Illumination design and methods:
Page 47
Sign li~htin~ shall be designed in such a fashion so
as not to cause confm;ion with traffic control devices,
0nd n. 0t to shine qtirectly onto adioinine DroDerties or
public rjR. hr-of-ways.
Minimum frontage requirements:
Signs shall be illuminated in the following manners:
external fixtures for li~zhtine shall be desi~zned and
positioned So that no light Spi!B over t, be ~dmes of the
si~n face; i~temal or ~ack-lit signs ~hal] ~ desired
with an opaque sien face, allowine only the si~n
Copy to be illuminated.
No.
05/06/97 8:39 AM
NAY 2 1 1997
,,,. '"JO
Sinl~le or l'!~.ultiole ten_ant ~uildings located
parcel having less thmn 125 tine~ feet of s~rcc~
parcel, a maximum of 20 squat feet. Copy is limited
t~ ~uilding r, ference n~e ~d street
Single or multivle tenant buildings located on a
parce! having 125 linear feet or greater of streeI
frontal~e are per'mined a single ground or pale sil~n
lxr parcel, a rnaximur0 of 60 ~quar, .feet of si~n face
area. Coi>¥ sh.all include building reference name and
,treet number 0nd may include a maxirgum of five
ter)agt
_ Shopping centers and other multi-tenant buildim~s
bavinl2 250 linear feet or Rreater of street fronhal2e
o.n a single street, or 300 combined linear feet of
[treet frc~tage for lots have frontage on more than
9ne public street are permittcd a single ,direc!9u
sign" per street frontage, (not to exceed 2 such
si~n$). The combined size l~rrnitted for a directory
~ign is I00 square feet. Where two directory sig~
are permitted, the maximum combined ~i.ze sh,a!! not
exceed 10O square feet.
Where a fire development or site improv.c.ment plan
has been approved for multiple propertie, s, adherence
to the minimum frontage provisions l;et forth in
section 2.2.26.10.2...2.3.1.(12~ shall be determined
_based on lhe ai212regate frontage of all contiguous
parcels which are part ofthe site improvement or site
development plan.
2.2.26.10.2.2.3.1.2.
Building Permit Requests: Requests for building permits for
permanent on-premise signs shall adhere to this unified sii2nal2e
plan, which shall be kept on file in the communiW dcvelopmen!
& environmental ~er','ices division. Revi~ions tO an .approved
unified sign plan shall include provisions for retrofitting any
existing permanent on-premise signs.
2.2.26.10.2.2.4
2.2.26.10.2.2.4.1.
Page 48
Nonconforming Signs.
Aea[ estate sl'gn~., model home signs and..¢onstruction.. ~[~,~.~q~si nseC_£ ^ 'r£~_
~eal estate sign~ shall conform to the prov~smns of 1;h~s c~verlay
bY December 31, 1997. Model home and constructiont, si ,,i~i~, ¥
05/o619'/ 8:39 AM
approved after the date of adoption of this shall adhere to the
provisions of this Code as of the date of adoption of this
overlay.
2.2.26.10.2.2.4.2.
Ali other sic. ns Existing signs which were constructed with an
approved building permit under the provisions of Division 2.5.
of this code, Or its predecessor ordinance, which do not
conform to the provisions of section 2.2.26.10 shall be
considered leg.al nonconforming signs and shall be treated as
follows:
All signs made of paper, cloth, or other nondurab!e materials
shall be removed within thirty days of the date of adoption of
this overlay:
All legal nonconforming on-premise permanent signs shall be
made to conform to the provisions of this Code in coniunction
with the issuance of a building permit for structural alterations
to an existing sign, regardless of the extent or value of such
structural alteration, except that all legal non-conforming on-
premises permanent signs shall be removed or made to comply
with the provisions of this overlay within five years of the date
of adoption of this overlay.
All other nonconforming signs shall adhere to the provisions of
section 2.5.9. of this code.
2.2.26.10.2.2.5.
Prohibited Signs: All prohibited signs listed in Section 2.5.7,
and signs which do not conform to the provisions set forth
herein shall be considered prohibited signs.
2.2.26.11.
Restricted Parking of Recreation Vehicles. The purpose of
these regulations is to maintain the appearance and quality of
residential neighborhogds to reduce congestion, prevent
overcrowding and the blocking of views, to maintain the free
flow of air currents, and to maintain thc property values and
amenities of the neighborhood.
2.2.26.11.1
Page 49
Applicability. The restrictions set forth in this section are
intended t9 apply tO ,al! areas designated residential on the
Future Land Use Element of the Marco Island Master plan,
excludine any areas in the Marco Shores PUD/DRI. includln~,
the Key Marco Development (AKA Horr's Island), Gape Mz
PUD, and Hideaway Beach PUD. The~;e restrictions apvlv in
residential zoning districts, including the RT district, as wel
05/06/97 8:39 AM
as MAY :].
'-/'7__
any residential component of a PUD, except those PUDs
excluded above.
2.2.26.11.2
Recreational Equipment. No recreational equipment shall be
kept or parked on premises zoned for residential purposes nor
on public rights-of-way of said districts except when said
equipment is parked entirely within the confines of a garag, e,
carport, or fully enclosed structure such that it cannot be seen
from any abutting property or public way. Such vehicles may be
parked anywhere on residential lots for a period not to exceed
24 hours to allow for loading and unloading.
Exceptions may be granted by the site development
review director where the following conditions are
satisfied:
Such recreational equipment may be parked upon
the premises of the resident for a period not
exceeding seven days for the purpose of loadin~
unloading, repairing and/or cleaning prior to or
after a trip. The permit for such period shall be
affixed to the vehicle in a conspicuous place. No
more than two consecutive permits can be issued.
A maximum of four permits shall be granted in
any single calendar year.
ii.
Nonresident: Such recreational eq.uipment
including but not limited to, trailers, buses or
motor homes, when used for transportation of
visitors to visit friends or members of the
visitor's family may be parked upon the premises
for a period not exceeding ten day~;. No sleeping
or living activities may take place within the
vehicle while parked. No more than two
consecutive permits shall be issued. The
maximum number of permits allowed for any
single calendar year ~;hall be four.
2.2.26.11.3.
Boats and boat trailers. No boat or boat trailer shall be parked
Page 50
or stored on premises zoned for residential uses or on public
rights-of-way of residentially zoned districts, exce
parked or stored entirely within the confines of a gara~.,
or fully enclosed structure and shielded such that th,
boat trailer cannot be seen from any abuuing property
way, except where the following conditions occur:
05/06/97 8:39 AM
A boat trailer may be parked on the owner's premises in
the ope~n, or on a temporary basis not Io exceed eight
hours for the purpose of loading and/or cleaning and
unloading prior to or after an outing,.
Boats may be stored on premises zoned for residential
use only in one of the following methods:
Boats may be stored in the confines of a garage
or fully enclosed opaque structure;
Boats may be berthed at approved docks, piers or
by use of mooring whips, standoffs or by a.
similar structure/device on navigable
waterways/canals.;
Boats may be stored on davits, lifts, elevators or
similar devices adjacent to navigable
waterways/canals
Boats may be stored on cradles consisting of a
framework of bars or rods when said cradle is
used in conjunction with a davit, lift, elevator or
similar device adiacent to navigabl~
waterways/canals.
2.2.26.11.4.
Hotel and motel parking provisions. Hotels and motels are
considered to be commercial enterprises; therefore, recreational
vehicles, trucks, trailers, buses and/or other commercial or
industrial vehicles, listed herein, of bona fide residents thereof,
transients or otherwise, may be parked on the premises of such
facilities. Such vehicles shall not be parked in streets, alleys or
other rights-of-way within any residential district, unless
otherwise permitted by this code..
treated or served thereat. The provisions of this section sba
apply to buses, trucks or trailers parked in a space prepa~
specifically designated therefore on the premises chu
clinics, schools, private clubs, golf courses, utilities, hotel
Page 5 !
General exceptions. The provisions of this section shall not
apply to vehicles parked on the premises of churches, clinics,
schools, private clubs, golf courses, utilities, hotels and motels
and parks and recreational areas while the persons transported
thereby are attending or participating in activities or being
,I not
or AG£NDA ITEM
2res,
. an~¥ 2 1_. 1997
05/06/97 8:39 AM
pg. ~
motels and parks and rccre.ati.__onal areas, if such vehicles are_
used or operated by or for the operation of such places or
institutions, except that such vehicles cannot be used
residential occupancy:
2.2.26.12.
2.2.26.12.1.
Definitions. For thc purposes of this overly, the following
definitions shall anpl¥.
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 project located within lands
designated commercial on the Marco Island Master Plan Future
Land Use Map.
Page 52
05/06/9"/ 8:39 AM
I~o. ~/'"~
I AY 1 lc 7
I
ORIGIN: Evaluation and Appraisal Report
AUTHOR: Barbara A. Cacchione, AICP
Comprehensive 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 ([,DC) 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
Immokalee. The Immokalee Master Plan provides for specific development criteria regarding
access; building height and setback; landscaping; parking; sidewalks and water/sewer facilities.
REASON: These development criteria are specific and detailed and are more appropriate at this
level of detail to be located w/thin 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 REGULATIONS: Immokalee Area Master Plan.
Section 2..2.27,
2.2.27,1,
State Road 29 Commercial Overlay District: special conditions for tl~
prooertte~ abuttlne SR-29, as IdeDtifled on the lmmokalee Ar~a Master
Piala~ referenced on the map below; a.nd further identified by the
dest£nation "SR29C~)D" on the applicable o[[lgial Collier CounW
Purpose and Intent:
office, transient ioO~in~ facilities and highway ¢ommemi
needs o£ the tmvelin_~ _oublic, The~e commercial use, mu:
~aior arterial or collector roadway, The t~rovisions ot
The purm>se of this de~im~ation is to provide for retail.
ii tha~m
thia .dlxtd~
~.2.27,2.
in~,~pde6 ~9 provide an increased commcrcial dc'p_th alon~ SR-29 with
~¢velopment standards that will ensurc coordinated access and _a~_ rovriat~
landscapin~ and bufferin~ compatible with nearby residential vrovcrti~,
Avplicabilitv: The~ ~go!ations ~_ _vly_ to the Commercial District alon~
~;]R.-29 as identifi~ on Ibc lramokalee Future Land Use May.
~4AY 2 1 1997 (~
AGENDA
No.
MAY 2, 1
8.R. 29
COMMERCIAl,. OVERLAY DISTRICT
TEM
1997
~o.
~Y Z 1 1997
SR 29 COMMER(~!AL OVERLAY D!.STRICT ($R29COD)
2.2.27.3.
Development Criteria: The following standards shall apply to all uses in
this overlay district.
2.2.27.3.1.
Access points shall be limited to one (1) per 440 feet of frontage. If the 440,
foot access requirement falls within 50 feet of an existing road, whether on
the same or opl~..site road fromage, the acc. ess [;ha!! align with the existing
road. Those areas that do not meet this spacing requirement shall provide
access off existing adjacent roadways, ifp0ssjble, and should not access 19
2.2.27.3.1.1.
Owners of lots or combinations of lots having less than the required
frontage may petition the board of zoning appeals for a variance from the
standard in this district as wilt not be contrary to the public interest when
owing to special conditions peculiar to the property, a literal enfor ement of
these standards would result in unnecessary and undue hardship,
2.2.27.3.2.
Shared parking a~angements between adjoining developments shall be
encouraged.
2.2.27.3.3.
Deceleration and acceleration lanes shall be provideql.
2.2.27.3.4.
Pedestrian traffic shall be encouraged by providing sidewalks. The location
of these sidewalks shall be coordinated with adia.ce, nt proiects.
2.2.27.3.5.
Buildings shall be set back from SR-29 a minimum of twenty-five (25) feet
and from the rear lot line a minimum of fifty (50) feet.
2.2.27.3.6.
Projects shall provide a ten (!0) foot Type A landscape buffer as described
in Section 2.4 between vehicular right-of-way with required sidewalks and
adjacent residential development. Adjacent commercial proiects shall
provide coordinated landscape plans.
2.2.27.3.7.
An area equal to a minimum 0f2.5% of the total interior vehicular use are_~
shall be landscaved to provide visual relief,
2..2.27.3 8
Buildings; shall have a maximum heieht of twenty-five (25) excluding ten
(1 O) feet for under buildine varkinu.
2.2.27.3.9.
Central water and sewer facilities shall be available prior to development of
projects.
4
AGENOA
MAY 2 1 1997
,,,. 3°3
SEC. 2.2.28.
Jefferson Avenue Commercial Overlay District: special conditions foe
the properties abuttine Jefferson avenue as identified on th~.
Imm0kalee Area Master Plant referenced on the map below:, anu
further identified by the des..[£nation "JACOD' on the applicable
official Collier County Zonine Atlas maps.
2.2.28.1.
Purp. ose and Intent: The purpose 9fthis designation is to provide for retail,
office, transient lodging facilities and highway commercial that serve th,,
needs of the traveling public. These commercial uses must be located on a.
m..aior arterial or collector roadway. The provisions of this District are_
inlended to provide an increased commercial Opportunity along Jefferson,
Avenue with development standards that will ensure coordinated access and
appropriate landscaping and buffering to be compatible with nearby,
residentiai properties.
2.2.28.2.
Applicability: These regulations apply to the Commercial District along
Jefferson Avenue as identified on the Immokalee Future Land Use Map.:
JEFFERSON /~VENUE
COMMERCIAL OVERLAY DISTRICT
OVI~Y
JEFFERSON AVENUE COMMERCIAL OVERLAY DISTRICT (JAC
~lAY 2 1 lgg7 (~
~.2.25.3.~.1.
2.2.25.3.2,
2.2.28.3.3.
2.2.28,3,4,
2.2.28.3.5.
Development Criteria: The following_s~Landard[ shall anply to all uses in
this overlay districL
Access points for futur,.e commercial development shall be limited to _a
Im aximum 0 f o~e (1) p~ 5_~O_~ce-L~c frontage~
Owner* of 10ts or combination of lots having less than the 150 foot o.f
r~uired frontar, e may r~etitipla the board 9f zoning appeals for a vm'j,anc~
from the star~qlard in thi~ district a~ will not be Corltrarv to the public interes_t
wberl owin~ to ~ec_ial ,conditiog_s~peculilar to the property, a liter.a!
enforq:ement of the~: l;tandards would result in, urmecessary and undu, e.
hardship,
A ten (10) foo_t Type A landscape buffer as identified in Section 2.4, of this,
code shall be provided on Jefferson Avenue for all commercial pr0iects~
Provisions fgr ,shared parking arrangemerlts with adjoining developments.
shall be encouraged.
qiommercial buildings shall be set back from ~leffer~on Avenue a minimurr!,
of fifty ($0) feet.
Comrner~ia! buildings ~;hall have a maximum height of twenty-five (25'1 fee!
excludinz ten (10~ feet for under buildinz uarkinr..
2.2.28.3.6.
Central water and sewer facilities shall be available prior to development of
projects.
ORIGIN: BCC Direction
AUTHOR: Bob Mulhere, AICP, Current Planning Manager
DEPARTMENT: Planning Services
LDC 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.
RF2%SON: 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 & OPE/aATIONAL I/~PACTS: 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 REG//LATIONS: None.
Word -'tuck '~ ..... ~ words underlined are added
........ 9.. are deleted; .
DIVISION 2.4 LANDSCAPING AND BUFFER/NG
Sec. 2.4.1. Title and citation.
This division shall be 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 of urban development;
0 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, final site development plan, or building permit, an applicant
whose development is covered by the requirements of this section shall
submit a landscape plan to the planrLing services director. The landscape plan
shall be prepared by and bear the seal of a landscape architect registered in
thc 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.
The 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 use areas, buildings, access points, and
roadways, show all utility lines or easements, and show
existing and proposed planting areas and vegetation co
designate them by species name. The code-required lands
highlighted or indicated on the plan to differentiate from
2
2.4.3.2.
2.4.3.3.
2.4.3.4.
provided landscaping that is in addition to that required by this code. Design
creativity is encouraged so long as it meets the intent of this code. The plan
shall show the location of permanent vegetation protection devices, such as
barricades, curbing, and tree wells. The plan shall also include a chart
indicating graphic plant symbol, botanical and common name, quantity,
height, spread, spacing, native status, drought tolerance rating (as defined by
"Xefisca. pe Plan Guide II" published by South Florida Water Management
District, West Palm Beach, FL) and type of mulch. The plan shall show tree
and palm staking details per accepted industry practices and standards. In
addition, a tabulation of the code-required landscaping indicating the
calculations necessary to insure compliance with this code shall also appear.
A certificate of occupancy shall not be issued until approval of landscaping
plan and i4r, 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
final site development plan, an applicant whose development is subject to the
requirements of this section shall submit a separate irrigation plan to the
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 prop~..:.ed, 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. Cultivated landscape areas shall be
automatic irrigation system to improve the survivability
landscaping. Sprinkler heads irrigating lawns or other hie
areas shall be zoned separately from those irrigating trees, s]
cover, flowers, or other reduced water requirement areas.
~rovided with an
~ watC/~'~
8_%
2.4.3.5.
controlled irrigation systems shall be operated by an irrigation controller that
is capable of watering "high water" requirement areas at different frequencies
and duration than "Iow 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. These requirements may be adjusted for
retention areas. The irrigation system shall be designed and installed 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 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 water 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 by the use of an automatic irrigation system with controller 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 periods of increased rainfall. Where
existing irrigation systems are modified requiting the acquisition ora permit,
automatic activation systems and overriding moisture detection devices shall
be installed in compliance with this division.
require frequent pruning in order to avoid inteffere~ices with c
lines. Trees shall not be planted in areas that retain excessb,
water or will require excessive amounts of fill placed over t~
that will affect the health of the tree species. Required landsc
Installation. Prior to the issuance of any certificate of occupancy for a use
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. 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 conducive to the
proper growth of the plant material. Limerock located within planting areas
shall be removed and replaced with native or growing quality soil before
planting. A plant's growth habit shall be considered in advance of conflicts
which might arise (i.e. hews, signage, overhead power lines, lighting,
circulation, etc.). Trees shall not be placed where they interfere with site
drainage, subsurface utilities, or overhead utility lines, or where they shall
e qualt,it~
le root ~,stem
~pin~l~ r~::J~
be placed within easements without written approval from all entities
claiming an interest under said easement.
All required landscaping shall be installed in accordance with plans approved
under section[s] 2.4.3.1 and 2.4.3.2. Landscaping within a subdivision
development shall be guaranteed by a subdivision completion bond in
accordance with division 3.2 govcrning the final platting of subdivision.
All required landscaping shall be maintained in a healthy condition in
perpetuity 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 where an act 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 states that the required plantings will be installed 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.
2.4.3.6.
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 "Pr'.:'ni.".g
Standards {4~ Practicel; for Trees, Shrubs and Other Woody Pl~t
Maintenance ANSI A300 (12/17/93)" of the National A.rbofist 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. 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).
2.4.3.7.
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 installation. 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 taken within the time allowed, the county rqay us ..oaa~tu _
available means of enforcement to secure compliance. These sh~ll incl~d~'~
but not be limited to the following: ' ~¥ P. 1 I~'~
1. Prosecution before the Collier County Code Enforcement Board;
Prosecution by the State Attorney's Office as provided by Florida
Statutes;
Withholding of any permit, construction plan approval, certificate of
occupancy, or inspection by the county;
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.
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 Nursery Plants, part I and part II, Department of Agricultural,
State of Florida (as amended). Root ball sizes on all transplanted plant
mater/als shall also meet state standards.
At least 75 percent of the trees and 50 percent of the shrubs used to fulfill
these requirements shall be native Southern Floridian 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 Floridian 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 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 shrubg 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:
Long, R.W., and O. Lakela, 1976. A Flora of Tropical Florida.
Small, J.K., 1933. A Manual ofthe Southeastern Flora.
Wunderlin, R. P., 1982. Guide to the Vascular Plants of Central Florida.
2.4.4.2.
Where xeric plants are to be utilized, use the South Florida Water
Management District, Xeriscape Plant Guide (as amended) as a reference.
Trees and Palms. All required new individual trees, shall be spe~ les ~
an average mature spread or crown of greater than 20 feet in the i~q~Ji~l
6
2.4.4.3.
2.4.4.4.
County area and having trunk(s) which can be maintained in a clean
condition over five feet of clear wood. Trees adjacent to walkways, bike
paths and r.o.w.'s shall be maintained in a clean condition over 8' 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 50 percent of the trees at the
time ofinstallation 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 I 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 (l) tree.
Exceptions will be made for Roystonea spp. and Phoenix spp. (not including
roebelenii) which shall count one (1) palm for one (i) 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.
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 trees 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
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 three-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 required, shall ~ planted in
double staggered rows and maintained so as to form a continuoUS-, un~£~
solid visual screen within a minimum of one year after time[ of p~'~
Where buffering and/or 7ning is required, shrubs shall bi pl~j~ ~1 ~d,/I
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.
maintained at a height as specified in section 2.4.7.4 of this code, except
where street visibility is required. Double staggered rows of hedges shall be
required only in type D buffers.
Ground covers. 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 percent of the landscaped
area. Use of native ground covers is encouraged.
Organic mulch requirements. A two-inch minimum layer after watering-in of
organic mulch shall be placed and maintained around 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 trunk 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
sodded, plugged, sprigged, or seeded provided solid sod shall be used in
swales or other areas subject to erosion and provided further, in areas where
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-specific 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 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 otherwise 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 robusta (silk oak).
Quemus laurifolia (Laurel Oak)
AG£NI~AxlT£M
No. ~
MAY 2 1 1997
p~.. ~
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.
2.4.4.11.3.
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 bucer~ (BI.ack Olive)
Control species. The following plant species shall not be planted within 500
feet of conservation easements and retained natural vegetation areas:
Broussonetia papyrifera (paper mulberry).
Wedelia trilobata - (wedelia).
Prohibited species. The following plant species shall not be planted:
Enterolobium cyclocarpum (ear tree).
Melia azedarach (Chinaberry tree).
Bischofia javanica (bishopwood).
Scaevola frutescens (Australian inkberry).
Dalbergia sissoo (Indian rosewood).
Sapium sebiferum (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)
Lygodi. um spp. (climbing fern)
MAY P, 1 1997
PI. O~l
2.4.4.14.
Syzygium cumini (Java plum).
Mimosa pigra (catclaw mimosa).
Acacia auricu!iformis (earleaf acacia).
Albizia lebbeck (Women's tongue).
Existing plant material. In meeting the requirements of landscaping, the
planning services director 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 standards of these regulations to allow credit for such
existing plant material, provided, he may not permit the reduction of required
percentages of a landscaped area or reduction in numbers 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).
Ail 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 siteJconstmction plan review process. Area~ 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 materials 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 barriers
beyond the dripline, and shall remain in place for the duration of the
construction process phase.
Tree preservation credits.
the minimum tree planting requirements according to the fo'
2.4.4. Fractional measurements shall be attributed to th
category.
10
Existing trees may be credited towards meeting
-mtfla in table
n ex t~oq.. __~J~
MAY 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. CALCULATION OF TREE PRESERVATION CREDITS
Existing Crown Diameter of Tree at
Spread of 4.5 Feet Above
Preserved Trees or Natural Grade
Number of
Tree Credits
50 feet or greater or 26 inches or greater - 3
40 to 49 feet or 20 to 25 inches - 2
30 to 39 feet or 13 to 19 inches = 2
20 to 29 feet or 8 to 12 inches = 1'
I0 to 19 feet or 2 to 7 inches = !*
Less than 10 feet or 1 1/2 to 2 inches - I*
*Credited against equivalent required tree only.
Trees excluded from preservation credit. No credit shall be given for
preserved trees which:
Are not located within the areas of the property for which trees are required
by the code;
Are located in required natural preservation areas indicated on an approved
master land use plan, site development plan or plat;
Are required to be preserved by federal, state or local law, such as
mangroves;
Are not properly prat<ted from damage during the construction process, as
provided in section 2.4.4.10;
Are prohibited species identified in section 2.4.4.8;
Are dead, dying, diseased, or infested with harmful insects;
Are located in recreation tracts, golf courses or similar subareas within
planned developments which are not intended to be developed for residential,
commercial or industrial use (unless abutting said use, and the required buffer
width is dedicated on the plat as a landscape buffer easement); or
Are not located within the boundaries of the parcel.
Safe sight distance triangles at intersection and access po
Figure 1, Sight Distance Triangles), Where an accessway in
of-way or when a property abuts the intersection of two or
11
~or, right~-of-
MAY 2 1
way, a minimum safe sight distance triangular area shall be established.
Within this area, vegetation shall be planted and maintained in a way that
provides unobstructed visibility at a level between 30 inches and eight feet
above the crown of the adjacent roadway. Landscaping shall be located in
accordance with the roadside recovery area provisions of the State of Florida
Department of Transportation's Manual of Uniform Minimum Standards for
Design, Construction, and Maintenance of Streets and Highways (DOT Green
Book) where appropriate.
Where an accessway enters a right-of-way, two safe distance triangles shall
be created diagonally ~cross fi.om each other on both sides of the acces, sway.
Two sides of the triangle shall extend ten feet each way fi.om the point of
intersection from the edge of pavement and the right-of-way line. The third
side of the triangle shall be a line connecting the ends of the other two sides.
Where a property abuts the intersection of two rights-of-way, a'safe distance
triangle shall be created. Two sides of the triangle shall extend 25 feet along
the abutting right-of-way lines, measured from the point of intersection The
third side of the trian~e shall be a line connecting the ends of the other two
sides.
12
AGEN D).,A ,[T£M
MAY 1 1997
P~- C~
~GURj~_I: SIGHT DISTANCE TRIANGIF~
Street P arm'"nan t
~8' ht. min.
cleor trunk
10'
I, 10' ~l
I
I
of Way
Line)
' 10' Edge of Pa~ent ''
I I
Street i~ 25' ~ I
(Hatched ~eo=) --
I3
AGEND~,~£M
Mo. - ]/"&
MAY gl 1997'
2.4.4.17.
Signage located within/adjacent to Landscape Buffer Area. All trees and
shrubs located within landscape buffer r, hag may be located so as not to block
view ofsignage as shown in Figure 2, Signage Adjacent to Landscape Buffer.
Where specimen trees exist, the signage setback location may be
administratively reduced per the requirements of Division 2.5. Code required
plantings shall progress in height away from street.
FIGURE 2: SIGNAOE ADJACENT TO LANDSCAPE BUFFER
2.4.4.18.
Landscape berms. All perimeter landscape berms over two feet in height
shall meet or exceed the minimum standards as set forth herein. All grassed
berms shall have side slopes no greater than four to one. Berms planted with
ground cover and landscaping shall have side slopes no greater than three 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.
Berms located adjacent to the 1-75 right-of-way may be reduced to a
maximum slope of 2:1. Berms located adjacent to the 1-75 fight-of-way shall
be planted with native ground cover over an erosion control fabric, and
native trees placed at twenty-five feet on center, equal in heighl~ to
of the berm and located within a minimum ten foot wide level p~anting~./~x _
1
/ MAY gl 1997'
14 :
Existing native vegetation shall be incorporated into the bcrms with ali 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. The 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, and mobile home dwelling units, and dwellings on
individually platted lots. Any appeal from an administrative 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 vehicular 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. The 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 1 O0 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 whenever such trees are located within fl,.-
and ma.y be feasibly incorporated into the landscaping. Wherj[exis~g~
are retained in a landscape island the amount of parking spat:es in that row~-'- '
MAY 1 10<37
1
5
/
2.4.5.3.
2.4.5.4.
may be increased to 15. A parking stall be no farther than 50 feet from a tree,
measured to the tree trunk. Interior landscaping areas 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 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 wheel stops or
curbs ~'~r other structures.
Interior laedscaping 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
equivale,i results subject to approval by the planning services director.
Vehicular overhang of landscape areas. The front o fa 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 of the 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: walkways within the interior of the green space area not
used 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 s4 ~are
green space area. The green space area shall use existing trees wt
and landscaping credits will be allowed as governed by table 2.4.~{AyT~eI
16
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 the building
envelope along paths, walk'ways and within arcades or malls.
Sec. 2.4.6. Minimum Landscaping requirements.
Landscaping for all new development, including single-family, two-family, multifamily and mobile
home dwelling units, shall include, at a minimum, the number of trees set forth below. Areas
dedicated as preserves 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 the minimum landscaping requirernents 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.
2.4.6.3.
2.4.6.4.
Multifamily developments. One canopy tree per 2,000 square feet of pervious
site area..'D.is is in additicn tc ether requir:.'v, ent~
Industrial and comntercial developments. One canopy tree per 3,000 square
feet of pervious site area, or one canopy tree per lot, whichever is greater.
Littoral zone planting. All developments that create lake areas sha!l provide
littoral zone plantings of emergent, aquatic vegetation in accordance with
Section 3.5.7.2.5.
2.4.6.5,
Sec. 2.4.7 Minimum
2.4.7.1.
Building perimeter plantings. All shopping center, retail, office, apartments,
condominiums, clubhouses and similar uses shall provide building perimeter
plantings in the amount of I00 square feet per 1,000 square feet 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 are a minimum of 5' wide. Water management areas shall
not be a part of this 5 foot planting area.
landscape buffering and screening between uses.
Purpose and intent. The purpose and intent of establishing landscape
buffering and screening is to:
a)
b) conserve natural resources and maintain open space;
c) protect established residential neighborhoods,
community
reduce the potential incompatibility of adjacent land us~;
17
1 1997
2.4.7.2.
identity;
d)
e)
g)
h)
i)
J)
improve the aesthetic appearance of commercial, industrial, and
residential developments tlu'ough the requirement of minimum
landscaping in ways that harmonize the natural and built environment;
promote preservation and planting of native plants and plant
communities;
provide physical and psychological benefits to persons through
landscaping by reducing noise and glare;
screen and buffer the harsher visual aspects 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, litter, noise, lights, unsightly
buildings and structures, and off-street parking and loading areas.
Additionally, buffers and screens provide spacing and landscaping to reduce
potentially adverse impacts of noise, odor, or lighting. Buffeting refers to a
strip of land separating adjacent land uses, whereas screening refers to fences,
walls, berms, trees, shrubs, or a combination of these screening devices on
the buffer strip.
Applicability. 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 except 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 request for an
occupational license to resume business is made.
Where a property adjacent to the proposed use is: (I) 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
install the more opaque buffer as provided for in table 2.4. Where property
adjacent to the proposed use has provided the more opaque buffer as provided
for in table 2.4, the proposed use shall install a type A buffer.
I AY 1 lC ?
18
Where the 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 be
incorporated into the yards of individual lots or tracts without the mandatory
creation of separate tracts. If buffering and landscaping is to be located on a
lot, it shall be shown as an easement for buffeting and landscaping.
The buffeting and screening provisions of this code shall be applicable at the
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 services director may require buffering and screening
the 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 buffeting and screening
standards of the zoning district to which it most closely resembles. The
planning services director may approve alternative landscape buffering and
screening standards when such alternative standards have been determined by
use of professionally acceptable to be equivalent to or in excess of the 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.
Water management systems shall not excee4, at any location within
the required side, rear, or front yard landscape buffer, 70 percent of
the required buffer width. A minimum 5 foot wide I0:1 level planting
area shall be maintained where trees and hedges are required.
Exceptions to these standards may be granted on a case
evaluated on the following criteria:
19
MAY 1 1997
2.4.7.4.
Water management systems, in the form of dry retention, may
utilize an area greater than 50 percent of the buffer when
existing native vegetation is retained at natural grade.
bo
For lots of record 10,000 square feet or less in size, water
management areas may utilize an area greater than 50 percent
of the required side and rear yard buffers. A level planting
area of at least three feet in width shall be provided in these
buffers.
Sidewalks as~d other impervious areas shall not occupy any part of a
required Alternative A, B, C, or D type buffer except when:
Driveways and sidewalks are constructed perpendicular to the
buffer and provide direct access to the parcel.
Parallel meandering sidewalks required by this code occupy
the buffer and its width is increased by the equivalent sidewalk
width.
Co
A required 15-20 foot wide buffer is reduced to a minimum of
I0 feet wide and is increased by the 5-10 foot equivalent width
elsewhere along that buffer.
Types of buffers. Within a required buffer strip, the following alternative
shall be used based on the matrix in table 2.4.
Alternative A: Ten-foot-wide landscape buffer with trees spaced no more
than 30 feet on center.
Alternative B: Fifteen-foot-wide, 80 percent opaque within one year
landscape buffer six feet in height, which may include a wall, fence, hedge,
berm or combination thereof, including trees spaced no more than 25 feet on
center. When planting a hedge, it shall be a minimum of 10 gallon plants 5
feet in height, 3 feet in spread and spaced a minimum 4 feet on center at
planting.
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 cf trees spaced no more than 30 feet on center.
Alternative D: A landscape buffer shall be required adjacent to any road
fight-of-way ~ external to the development project, Said landscape buff~
shall be consistent with the provisions of the Collier County Street.~.ap,..
Master Plan. The minimum width of the perimeter landscape buyer sh~&t~,~0( rr£~
"according to the ultimate width of the abutting fight..of-wayl Wh~,e
ultimate width of the right-of-way is zero to 99 feet, the ~on~,~d~n~
landscape buffer shall measure at least ten feet in width. Where the ultimate
width of the fight-of-way is 100 or more feet, the corresponding landscape
buffer shall measure at least 15 feet in width. Developments of 15 acres or
more and developments within an activity center shall provide a perimeter
landscape buffer of at least 20 feet in width regardless of the width of the
right-of-way. Activity center fight-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 fight-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 fight-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.
Every effort should be made to retain and incorporate the existing native
vegetation in these areas.
TABLE 2.4 TABLE OF BUFFER REQUIREMENTS BY
LAND USE CLASSIFICATIONS
Adjacent Properties District
Subject Property's
District/Use I 2 3 4 5 6 7 8 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
Residential (RMF-6,
RMF-12, RMF-16) mul-
ti family
ABA BA BBB B * D B-
4. Residential tourist (RT) A B A A B B A B B * D B
5. Village residential (XrR)
6. Mobile home (Mit)
7. Com.mercial~ (C-I, C-I/T,
C-2, C-3, C4, C-5);
Business Park (BP)
8. Industrial: (I)
A A B B A B B B B * D B-
AB BBBABB B * D BB
A B B B B B A A A * D
A C B B B B A A: A * D
21
B B
Glen TF'M
MAY 2 1 lgg7
ORIGIN: Current Planning by direction of the Board of County Commissioners
AUTItOR: 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.
REASON: I.
2.6.21 Private boathouses and dock.
o
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
Remove boathouses as a conditional use; 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 provision 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 Boathouse, private and Dock facility.
Conditional use criteria for boathouses are not applicable to the use.
Defining a boathouse as an accessory structure and placing
restrictions on location, height, setback, etc. is consistent with the
intent of the LDC to regulate accessory structures. The required
review process will ensure waterways remain navigable and viexvs
are not impaired.
Requiring a percentage ora waterway to remain unobstructed will
further the intent of the criteria used forjudging 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 min/mizc negative impacts on
surrounding property, property owners, and users of the County's
waterways.
Clar/fy and further define boathouses and dock facilities.
NO. ~
MAY 2 1 ?397
Words r,l-~:!-, ,~, ..... ~,
...... ~,, are deleted; words .under ined_ are added.
2.2.4, Residcntial single-family districts (RSF)
2.2.4.2.2. 2. Private docks; an__d, boathouses subject to section 2.6.21 and
.2~6.22_ ~ ' '
2.2.4.3. 1.
Noncommercial boat launching facititie~ and multiple dock
facilities and bom-hour, os, subject to the applicable review
criteria set forth in section 2.6.21.
2.2.5. Residential multiple-family-6 district (RMF-6).
2.2.5.2.2. Uses accessory to permitted uses.
Private docks, ~and boathouses subject to section 2.6.21
..a.n.d section 2.6.22. "
2.2.5.3. Conditional uses.
Renumber the rest of the section as needed.
2.2.6. Residential multiple-family-I 2 district (RMF-12).
2.2.6.2.2. Uses accessory to permitted uses.
Private docks,, a_nd boathouses subject to section 2.6.21, and
section 2.6.22. -
2.2.6.3.
Conditional uses;
£c:",h in :ectien 2.~.2 L
Renumber the rest of the section as needed.
2.2.7. Residential multiple-family_ 16-distr/ct (RMF-16)
2.2.7.2.2. Uses accessory to permitted uses.
Private dock&, _and boathouses subject to section 2.6.2 l,~and
section 2.6.22. - -
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.
3. Private docks; and boathouses subject to section 2.6.21.
2.2.8.3. Conditional Uses
3. Noncommercial boat launching facilities .........
1
Words r,m:ck ',trough are deleted; words underlined are 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; and boathouse_s subject to section 2.6.21.
2.2.9.3. Conditional uses.
I. 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; ~nd boathouses subject to section 2.6.21.
2.2.10.3 Conditional uses.
t,^~,~. ...... , ~"5J~'" '~ '~'~ ~p?;~'~ re .......
Renumber the rest of the section as needed.
Sec. 2.6.21.
2.6.21.I.
x).-:.,.o. ~.~ou ...... , ~-a dc.~k. Dock facilities
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 iate~ded to adequately secure moored vel;sels and
provide safe access by use~_fiLr_eutine mai,tenance and -
.u.se while minimally impactinq the naris:ability 0fthe waterway,
me nativ, mar/ne habitat, manatees, and the ~se and view of th,,
w.aterway by surr0undin~ property owner~ Permitted dock
facility protrusions as well as extension of~ facilities are
measured from the property line, bulkhead line, shoreline, seawall,
tip-rap line, or Mean High Water line, whichever is more restrictive.
Qn unbridled barrier islands a bgat dock shall be considered
~anitted rmincjPal use; hgwever, a dock shall not, iq ~y way~.
constitute a use or structure which pein'fits, reouires, and/ox
~rovide, for any ~ccessorY use~ and or StrUctur¢~
........ ~,~. ef;mtv--':io,.~, bBoathouse$ and dock faqJt/ti~ proposed
on residentially zoned properties as defined in section 2. i. 14 of this
~hall be reouire4 ~9~vvrgv~l throuv, h the vrocedure ~d
in Sectigo 2.6.21.31 and 2.6.21.41~=:ifl:r
Words
are deleted; xvords underlined are added.
r,.ha!l ~ a~rc;'e-~ ~ .... ~-~ ~- .... ~ ^r ............ ;~; .................
2.6.21.2.
Dock Facility Requirements and Restrictions: 77~e followin?
criteria apply to dock facilities and boathouses.
2.6.21.2.1.
For lots on a canal or waterway that is 100 feet or greater in width,
no boathouse, dock facility/boat combination shall protrude more
than 20 feet into the waterway (i.e. the total protrusion of the dock
facility plus the total protrusion of the moored vessel).
2.6.21.2.2.
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 be granted to
allow a dock facility/boat combination to protrude more than 20 feet
into the waterway and/or cause less than a minimum of 50 percent
o f the platted canal width between dock structures/moored vessel(s)
on the opposite side of the canal to be unobstructed; whichever ~
more restrictive.
2.6.21.2.3.
For lots on a canal or water~vay that is less than 70 feet in width,
the dock facility extension procedure identified in section 2.6.21.3
is not available (i.e., such lofs 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 dock facilities (except boathouses) on lots with less than 60 feet
of water frontage shall have a side setback requirement of 7 ¼ feet.
All dock facilities {'except boathouses) on lots at the end or side end
ora canal or waterway shall have a side setback requirement of 7 V2
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 exhibit A.)
2.6.21.2.5.
All dock facilities, regardless of length/protrusion, shall have
reflectors and house numbers four inches minimum size installed at
the outermost end, on both sides. For multifamily developments~
the house number requirement is waived. AG£NI~A~T~'H
3 MAY 2 1 lC 7
p,.
Words s.~ are deleted; words underline4 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 dock 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 Department
of Environmental Protection, the U.S. Army Corps of Engineers,
and the U.S. Environmental Protection Agency.
Protection ofseagrass beds. Where new~ ..................... ,
o~ dock 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 of one inch to 200 feet when available
from the county, or a scale ofone inch to 400 feet when such
photographs are not available from the county. The location of
seagrass beds shall be verified by a site visit by the site
development review director or his designee prior to issuance of any
project approval or permit.
All proposed k...,~. ...... ~-^.., ~-~'~, -~ 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 to
minimize negative impacts to seagrasses and other native shoreline,
emergent and submerged vegetation and hard bottom 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..~....v.~v,~"~'~- ..... ~'vv.. .... ...~....~'~1 .... v.
dock facility within ten feet ofseagrasses. Such beatheur, e:, beat
gSe!ter:, er 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 petitioner shall be required to demonstrate how ne[
impacts to seagrasses and other native shoreline vegeta
The access dock and terminal platform shall be sited to impact
the smallest area ofseagrasses possible.
ative n,.
ion and hard
MAY 2 1 1997
4 IOJ~
Pi.
Words r~vu,'e4v4~r-eug~ are deleted; words underlined are added.
bottom communities have been minimized prior to any project
approval or permit issuance
2.6.21.3.
Dock Facility, Extension; Boathouse Establishment.
Criteria.
Additional length/protrusion beyond said respective distances
specified in sections 2.6.21.2.1 and 2.6.21.2.2. for dock facilitiesl
and all boathouses, regardless of the extent of the protrusion into the
waterway or the width 0fthe waterway, ....,..j ;-vv r~u~ted _.~--~ shall
require public notice and a heating by the Collier County Planning
Commission. As to any boat dock/boat house facility extension
petition upon which the planning commission takes action, pursuant
to section 5.2.11 of this code, an aggrieved petitioner or adversely
affected property 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 Planning Commission. Such appeal shall be filed with the
Community Development and EnviroTunental Services
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 forlh in section 1.6.6 of this code. The Planning Gommission
shall base its decision for approval, approval with condition~, or
denial, on the following criteria:
2.6.21.3.1.
facility is te be located. Whether or not the proposed dock design
and moored vessel protrude greater than 25 percent of the width of
the navigable canal or greater than 20 feet for boathouses, and
whether or not a minimum of 50 percent of the platted canal width
between d0r~k ~tructure~/moorq:d ve~;sel(~) on the opposite side of
the canal is maintained in order to ensure reasonable waterway
width for navigability,
2.6.21.3.2.
Whether or n. ot There are ~ecial cppditions rclateql to the
property or waterway which justify the proposed dimensions and
location of the subject dock.
2.6.21.3.3.
Whether or not the proposed dock is of minimal dimensions
necessary in order to adequately secure the moored vesse
provjdilng reasonable access to the boat for routine maint,
withoql; the &lSq: o[excessive deck area.
5
white. A~£ND3
nancc.
MAY 2 1 1997
Words e~r'ack
2.6.21.3.4.
are deleted; words underlined are added.
T~e impact '~'~ ~v,~: ..... :71 ~. .......... ~.~ ,,: ..... c,~. .............
by ~,4: .... , .......
-w .................. prope~y ownem.
~elher or not the proposed structure is of minimal dimensions lo
minimize the impact of the view of the wate~ay by su~ounding
prope~y o~e~.
2.6.21.3.5.
Th,~ ,~: ........ adequate ....... ~,.m (,~,,~ r .... ' mean ~ .... ::'::er}
n~ ecmpar '^ e u ....................
Whether or not thc moored vessel is in excess of fifty (50) percent
of the length 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 property owners.
2.6.21.3.6.
Whether or not the proposed location and design of the dock/vcssc!
combination is such that it may infringe upon the use of
neighboring properties, including any existing dock structures.
2.6.21.3.7.
v ......... ~ ....... ~.~,~: .... ~'" Regarding existing benthic organisms
in the vicinity of the proposed extension:
(a) Whether or not seagrasses are located within 200 feet of the
proposed dock.
(b) Whether or not the proposed dock is subiect to the manatee
protection requirements of this code(Sec. 2.6.22).
2.6.21.3.8.
If deemed necessary based upon review of the above criteria, the
planning commission may impose such conditions upon the
approval of an extensim: 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 mooting on the outside of the dock facility.
2.6.21.4.
Boathouse Requirements: In addition to the criteria in Section
2. 6. 21.3., the.following criteria shall apply tO boathouses.
2.6.21.4.1. Minimum side setback requirement: 15 feet
2.6.21.4.2. Maximum protrusion into waterway:
25 percent of canal
width or 20 feet,
whichever is less.
6
MAY g 1 1997
~,.. ,liE)
Words ..... t. ,u ...... ~- are deleted; words underlin_e.d are added.
2.6.21.4.3.
Maximum height:
50 percept of heir. hr
ofprin, cipal structure
9r 15 feet, measureql.
15x'~m top of
seawall or bank
whichever is more
restrictive.
2,6.21.4.4. Maximum number of boa!houses per site: One (1)
2.6.21.4.5.
All boathouse structures ~,;hall be completely open on al! four (4)
sides.
2.6.21.4.6.
Roofing material and roof color shall be the same as materials and
colo~ used on The principal structure or ma,/be ofa pal.m fi'ond
"chickee" st¥1e.
Division 6.3
Boathouse, private: A roofed, accessory use to a residential structure(s),
adjacent to a waterway, open on all Fides gnd providipg covered protectioq
to a boat. A private boathouse may not be used for the purpose of human
habitation. (See section 2.6.21.)
Dock facility: Any structure constructed in or over a waterway for the
primary purpose of mooring a boat. This includes docks, walk'ways, piers.
mooring pilings, bpathouses and the like..'P...i: fl~e,~ n~t inc!'afle ~cath~'armr.
AG£ND~ITEU
NO. ~
MAY ,g 1 1997
ORIGIN: Current Planning
AUTHOR:
Bob Mulhere, AICP
Current Planning Manager
DEPARTMENT: Planning Services Department
LDC PAGE: 2:178-2:180
LDC SECTION: 2.6.7.5. Restricted Parking Overlay District for
Marco Island.
CHANGE, 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 & OPERJgTIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
Amend the Land Development Code as follows:
(Ord. No. 92-73, §2; Ord. No. 93-89, §3)
Code reference-Stopping, standing and parking, § 130-31 ct scq.
RESTRICTED PARKING OVERLAY MARCO/H:MARiE's LDC_Jrnd
MAY 2 1 1997
ORIGIN: Current Planning
AUTHOR: Ronald F. Nino, AICP
Chief Planner
DEPARTMENT: Planning Services Department
LDC PAGEz LDC 2: 236
LDC SECTION~ 2.7.2.12 Limitations on the rezoning of property
CHANGE: To limit the application of the provisions dealing with
the minimum amount of land for which a rezoning action may be
requested.
REASON~ Unquestionably this provision was intended to discourage
rezoning actions that may be considered "spot zoning". The
problem is that the way the provision is worded it prohibits a
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
its only goal is to prevent "spot zoning" Several instances
have arisen .where properties of smaller dimension could not be
equitably dealt with due to this provision.
FISCAL & OPERATIONAL IMPACTS: None.
RELATED CODES OR REGULATIONS: 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 or similar
adJacen~ district boundaryT within the broader
~nd use classification of "C" districts, "RSF"
districts, "RMF" districts wherein such rezone is
cQmP~ble with, or provides appropriate
transition from, adjacent districts Q~ hiqh~r
density or intensity . ~r ~..--- -h- r-z-nih- ~
f.--,~Icmcnt thc Zoning Rccvaluatlcn Crdinan~
However, the requirement of two-hund]
(200') of street frontage shall not
rezone petitions that provide eighty perc
or more affordable housing units.
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 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 the 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, kr, own 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. Variance procedures.
2.7.5.7.
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
No. ~/'~
I AY ]
completed, or both. i_n the case of after-the-fact variances, the.
planing commission may recommend, as a condition of approva!~
that in the case of the destruction of the encroaching structure, for
any reason, to an extent equal to or greater than fifty percent
(~50%) of the actual replacement cost of the ,tructure at the time 9.f
its destruction, any reconstruction shall conform to the provision.s
of this code in effect at the time of reconstruction. Violation of
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.
2.7.5.10.
Notice of board of zoning appeals public hearing. Upon
completion of the public hearing by the planning commission th__~e
petition shall be heard by the board of zoning appeals,., x ~} Notice
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 hearing shall be advertised in a newspaper of general
circulation in the county at least one time 15 days prior to the
hearing.
2.7.5.13.
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 the variance is required shall be begun or completed, or
both. In the case of after-the-fact variances, the board may stipulate
that in the case of destruction of the encroaching strucm, re, for any
reason, to an extent equal to or greater than fifty percent (50%) of
the actual replacement cost of the structure at the time of its
destruction, any reconstruction shall conform to the provisions of
this code in effect at the time of reconstruction. Violation of 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 code2.7.5.7. 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 th._.~e
variance is required shall be begun or completed, or both. In the
case of after-the-fact variances, the planing commission ma~
recommend, as a conditi0.n of approval, that in the case o[
destructign of the encroaching structure, for any r.eason, to al
MAY 2 1 1997
11-7
extent equal to or greater than fifty_ ~rcent (50%) of the actual
replacement cost of the str~cture at the time of its destruction.
reconstruction shall contorrn to the vrovision$ of this code
effect at the time of reconstru¢ti<;)~, Violation of 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.
I AY g 1
ORIGIN: Staff
AUTHOR: Thomas E. Kuck, P.E.
Engineering Review Manager
DEPARTM~qqT, Planning Services Department
LDC PAGE: 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 IMPACTS: None
RELATED CODES OR REGULATIONS: None
3.2.8.3.22.
3.2.8.3.22.
.... , .... ~=, w ........ 5, ~ structurc I
$~fe ¢iqh~ di~tanc~ ~ri~nqle$ at ~n~ersection and
access p~n¢$. Wh~r~ an a~e~swa¥ intersects a
right-of-way Qr when a property a~uts ~he
intersection Qf ~wQ or more riqh~s-Qf-wa¥, a
minimum $~fe siqht distance trianqular area shall
be established. Any veqetatiQn within this area
shall be p%anted and maintained in a wa~G£~-~
provides unobstructed visibilitv at ~ "0~ev$'i%P~
between 30 inches and eiqh% fee~ above th~ crQwT%
of the adJa~¢pt rQadway. Landscapin¢ s...~._Vl~ b4._.o~7
1
located in accordance with the roadside recovery
area provisions of the State of Florida Department
of Transportation's Manual of Uniform Minimum
Standards for Design, Construction, and
Maintenance of Streets and Highways (DOT Green
Book) where appropriate. Post~ for illuminating
fixtures, traffic control, and street name signs
shall also be permitted, so long as the sign or
equipment is not within the prescribed clear
space.
Where an accessway enters a right-of-way, two safe
distance triangles shall be created diagonally
across from each other on bQ~h s~des of the
accesswa¥. Two sides of the triangle shall extend
ten feet each way from the point of intersection
from the edge of pavement and the right-of-way
line. The third side of the triangle shall be a
line connecting the ends of the other two sides.
Where a property abuts the intersection of two
rights-of way, a safe distance triangle shall be
created. Two sides of the triangle shall extend
30 feet along the abutting right-of-way lines,
measured from the point of intersection The
third side of the triangle shall be a line
connecting the ends of the other two sides.
The developer shall comply with all of the
provisions of the applicable landscape
requirements and division 2.4 at the time of
subdivision or development approval or when
applicable.
SECTION 3.2.8.3.22. LDC AMENqDMENT/TEK/md/H:MARIE'S LDC
ORIGINz 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.
CI4ANGE: 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.
REASON: Cross referencing these requirements will make it
easier for individuals utilizing the LDC to be aware of all
submittal requirements.
FISCAL & OPERATIONAL IMPACTS: None.
RELATED CODES OR REGULATIONS: Marco Island Zoning Overlay -
Section 2.2..26.7.2., Additions, Site Improvements and
Redevelopment
Sec. 3.3.5.
3.3.5.1.
Site development plan review (SDP) procedures.
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 site
development plan applications, together with the following preliminary site
development plan application requirements: sections 3.3.5.4.1:, 3.3.5.4.2.1:_ -
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, 2.2.5.4.2.8, 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
requirements:
3.3.5.4.2.
Site deveIopmentplan. 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 as follows unless waived at the pre-application meeting:
Where applicable, the site development plan ~hall include
~traphic depiction and site pla~ notations addressine the
p,r0visions of Section 2.2.26.7.2. of this code
MAY 2, 1 1997'
Any additional relevant information as may be required by the
planning ~ services director, or his designee.
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 the following information:
12.
Where applicable, the site improvement plan shall include
graphic depiction and site plan notations addressing the
provi,ions of Section 2.2.26.7.2. of this code.
13.__,.
Any additional relevant i,fformation as may be required by the
planning ~ services director, or his designee.
AGEN~A~TEM
No. --/~'"'X
MAY g 11997
~,~. !'77-...
ORIGIN: Staff
AUT~OR~ Thomas E. Kuck, P.E., Engineering Plan Review Manager
DEPARTMENT: 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 & 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 five acrcs cr ics~ ~wo agres 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 AMENqDr4ENT/TkK/md/H:MARiE,S LDC
No. ~
MAY 1 19 7
ORIGIN~ Staff
AUTHOR: Thomas E. Kuck, P.E., Engineering Plan Review Manager
DEPARTMENT: Planning Services Department
LDC PAGE: LDC 3:97
LDC SECTION~ Section 3.5.7.2.4
CHI~NGE: Provide guidelines for where bulkheads are substituted
for lake slope requirements.
REASON: 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 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.
B~kh~ad~ may be a~Qw~d for no mQr~ ~h~n 40
per~¢n~ of the shoreline lenqth. ~U~ cQmp~n~atinq
littoral zone must be pFQvid¢~.
SECTION 3.5.7.2.4. LDC AMENDMENT/TEK/md/H:MARIE'S LDC
No.
MAY ,?, ! 1997'
0RI~INz Staff
AUTHORs Thomas E. Kuck, P.E., Engineering Plan Review Manager
Gail G. Gibson, Ph.D., P.G., C.P.G.
Senior Hydrogeologist, Pollution Control Dept.
DEPARTMENT, Planning Services Department
LDC PAGE: LDC 3:114, LDC 3:116
LDC SECTIONz Section 3.6.5.5.3.6 and 3.6.5.7.1
CHANGEz 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 & OPERATIONAL IMPACTS: None to Collier County
RELATED CODES OR REGULATIONS= None
3.6.5.5.3.6.
3~6.5.5.3.6.
3.6.5.7.1.
t= ....
At a minimum, 11 m sti ta 1 irri tion
w 11 shal 1 nd maint~ine a i i h d
~ el~other wells shall bo
!eft a~~ained ~ ~--~a~~
~inlshed g~ unl s O~wi~
P-V~ske~ - .
CCh r f ed m ' ' ' he
location an di n a w e t' anks
~oth on t~e subjecl
n · conuz~ous an~ closel_x .
ar · .n.
~ ak o a i w which ~h~ -
~' m t a Sl' b
MAY 2 1 1997
LDC AMENDMENT ORDINANCE
MAY ~ 1 1997'
ORDINANCE NO. 97-
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS
AMENDED, TIlE COLLIER COUNTY LAND DEVELOPMENT CODE,
WHICtt INCLUDES TIlE COblPREttENSIVE ZONING
REGULATIONS FOR TIlE UNINCORPORATED AREA OF COLLIER
COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE,
RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION
TItREE, ADOPTION OF AMENDMENTS TO TIlE LAND
DEVELOPMENT CODE, blORE SPECIFICALLY AMENDING
ARTICLE 1, GENERAL PROVISIONS, DIVISION lag. LAWS
INCORPORATED BY REFERENCE HEILEIN; ARTICLE 2, ZONING,
DIVISION 2.2. ZONING DISTRICTS, PERMITTED USES,
CONDITIONAL USES, DIMENSIONAL STANDARDS INCLUDING
THE ADDITION OF TIlE 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
AD3IINISTRAFION 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
~IAPS - MBIA, MB2A, MB3A, MB4A, MBSA, MBIB, MB2B, blB3B,
MB4B, MBSB, ,$,IB6B, 51BTB, MBSB, MBgB, MB2C, MB3C, MB4C,
MBSC, .hlB6C, ~IB7C, MBgC, MBgC, blB4D, MBSD, MB6D, MBTD,
~IBSD, MBgD, MBIOD, MBSE, MB6E, MBTE, MB6F, MB9F - TO
REFLECT TIlE MARCO ISLAND ZONING OVERLAY DISTRICT
DESIGNATION AND REMOVE THE ~RP" DESIGNATION IN ORDER
TO CONFOR3,1 TO THE NEW SECTION 2.2.26. OF THIS CODE;
AMEND,MENT OF THE FOLLOWING OFFICIAL ZONING ATLAS
,XiAPS - 6928S, 6932S, 6933S, 6933N, 7904N, 7905N - TO REFLECT THE
SR 29 COMMERCIAL OVERLAY DISTRICT DESIGNATION IN
ORDER TO CONFORM TO THE REQUIREMENTS OF NEW
SECTION 2.2.27. OF THIS CODE; AMENDMENT TO THE
FOLLOWING OFFICIAL ZONING ATLAS MAP - 6933S - TO
REFLECT THE JEFFERSON AVENUE COMMERCIAL OVERLAY
DISTRICT DESIGNATION IN ORDER TO CONFORM TO THE
REQUIREMENTS OF NEW SECTION 2.2.28 OF THIS CODE;
SECTION FOUR, CONFLICT AND SEVERABILITY; SECT/ON FIVE,
INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND
SECTION SIX, AN EFFECTIVE DATE.
WHEREAS, on October 30, 1991, the Collicr County Board of County Commissioners adopted
Ordinance No. 91-I02, the Collier County Land Development Code, v,'hlch has been subsequently amended;
and
WHEREAS, the Land Development Code may not bc amended mor~ than two times in each calendar
yea~ pursuant to Section 1.19.1., LDC; and
WHEREAS, this is the first amendment to the Land Development Code, Ordinance 91-102, in this
calendar year; and
Words ~"~ ,,re deleted, words ~nderlin~ m'e ~dded. All maps mad illustr'~i
P~ge I
0~/06/97
AGENI~ [T£M
MAY 2 ! 1997
t7_-7
WHEREAS, on Ma~ch 18, 1997, the Board of County Commissioners adopted Resol.,fion 97- I'/7
establishing local requirements and procedures for amending the LDC; ,,nd
WHEREAS, ali requirements of Resolution 97-177 have been met; and
WHEREAS, the Board of Counb' Commissioners, in a manner prescribed by law, did hold
advertised public hearings on May 21, 1997 and June 4, 1997, and did take action concerning these
amendments to the LDC; and
WHEREAS, all applicable substantive and procedural requirements of the law have been met.
NOW, THEREFORE BE IT ORD,-~ED b)' the Board of County Corru'nissioners of Collier County,
Florida, that:
SECTION ONE: RECITALS
The foregoing recitals are true and con'ect and incorporated by reference herein as if full)' set forth.
SECTION TWO: FINDFNGS OF FACT
The Board of Count)' Commissioners of Collier Count)', Florida, hereby makes the following findings
of fact:
1. Collier Count)', pursuant to Sec. 163.316 I, ~ ~.~.. Fla. Stat.. the Florida Local Government
Comprehensive Planning and Land Development Regulations Act (hereinafter the 'Act'), is required to
prepare and adopt a Comprehensive Plan.
2. After adoption of the Comprehensive Plan, the Act and in particular Sec. 163-3202( I ). Fla.
Stat., mandates that Collier Count)' adopt land dex elopment regulations that ate consistent ',,,hh and
implement the adopted comprehensive plan.
3. Sec. 163.3201, Fla. Stat., provides that it is the intent of the Act that the adoption and
enforcement by CoIIier Count)' of land development regulations for the total unincorporated area shall be
based on; be related to, and be a means of'implementation for, the adopted Comprehensive Plan as required
by the Act.
4. Sec. 163.3194(1)(b), Fla. Stat., requires that all land development regulations enacted or
amended by Collier County be consistent ~-hh the adopted Comprehensive Plan, or elemem or portion
thereof, and any land development regulation~ existing at the time of adoption which are not consistent vdth
the adopted Comprehensive Plan, or element or portion thereof, shall be amended ~ as to be consistent.
5. Sec. 163.3202(3), Fla. Stat., states that the Act shail be construed to encourage the u.~ of
innovative land development regulations.
6. On Jantua.ry I 0, 1989, Co;lief Counb' adopted the Collier County Growth Management Plan
(hereinafter the "Growth Management Plan' or "GMP') as its Comprehe~ive Plan pursuant to the
requirement~ of Sec. 1634.3161 [.I ~. Fla. Stat., and Rule 9J-$, F.A.C.
7. Sec. 163.3194(1Xa), Fla. Stat., mandates that afler a Comprehensive Plan, or element or
portion thereof, has been adopted in conformily w;th the Act, all developmen! ur
Page 2
05/06/97
laken in regard to devclopmenl orders by, govern, mental agencies in regard to land covered b)' such
Comprehensive Plan or element or portion thereof shall be consistent with such Comprehensive Plan or
clement or portion thereof.
8. Pursuant to Sec. 163.3194(3)(a), Fla. Stat., a development order or land development
regulation shall be consistent with the Comprehensive Plan iFthc land uses, densities or intensities, in the
Comprehensive Plan and if it meets all other criteria enumerated by the local government.
9. Section 163.3194(3)(b). Fla. Stat., requires that a development approved or undertaken by a
local government shall be consistent with thc Comprehensive Plan if the land uses, densities or intensities,
capacity or size, timing, and other aspects of development are compatible with, and further the objectives,
policies, land uses, densities or intensities in the Comprehensive Plan and if it meets all other criteria
enumerated by the local government.
10. On October 30, 199 I, Collier Count)' adopted the Collier County Land Development Code,
which became effective on November 13, 1991 and maybe amended twice annually.
1 I. Collier County finds that the Land Developmem Code is intended and necessa~.' to preserve
and enhance the present advantages that exist in Collier County; encourage the most appropriate use of land,
water and resources, consistent with the public interest; overcome present handicaps; and deal effectively
v. ith future problems that may result from the use and development of land within the total unincorporated
are of Collier County and it is intended that this kand Development Code preserve, promote, protect, and
improve the public health, safety, comfort, good order, appearance, convenience, and general welfare of
Collier County; prevent the overcrowding of land and avoid the undue concentration of population; facilitate
the adequate and efficient provision of transportation, water, sewerage schools, parks, recreational facilities,
housing, and other requirements and sen'ices, consen'e, develop, utilize, and protect natural resources ,Mthin
:he jurisdiction of Collier County; and protect human, environmental, social, and economic resources; and
maintain through orderly growth and development, the charncter and stability of present ~nd future land uses
and development in Collier County.
12. It is the intent of the Board of County Commissioners of Collier Count.-,' to implement the
Land Development Code in accordance with the provisions of the Collier County Comprehensive Plan.
Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and through these arnendmcnts to the Code.
SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE
SUBSECTION 3.A: AMENDMENTS TO ARTICLE 1, GENERAL
PROVISIONS
Words ~ are deleted, words underliD,~ ~'e ~Jded. All maps ~ illus.~-~t
h~ 3
ms ~ s~II~.NDA ITEM
No. ~
l
Division 1.18. Lav.'s Incorr',orated Herein 13)' Reference of Ordinance 91-102, as
amended, the Collier Count)' Land Development Code, is hereby amended to read as follov,'s:
DIVISION 1.18. LAWS INCORPORATED ItEREIN BY REFERENCE
The following Collier Count)' ordinances and lav.'s, as amended or superseded, are hereby
incorporated into this code by reference as if fully set forth and recited herein. Repeal or
amendment of these ordinances, or adoption of successor ordinances, shall not be subject to
procedures otherwise required for adoption of amendments to this code, except as other,,ise
required by general law.
SubjtCl
Ordinonce Nurnber
Collier County Sire'et,scape M'a~ter Plan (CCMD 97- <'sZ">(To be provided x~hen
ordinance Number is given to
CCSMP)
SUBSECTION 3.13: AMENDMENTS TO ARTICLE 2, ZONING
Division 2.2, Zoning Districts, Permitted Uses, Conditional Uses. Dimensional
Standards, of Ordinance 91-102, as amended, thc Collier Count)' Land Development Code, is
hereby amended to read as follov,'s:
DIVISION 2.2. ZONING DISTRICTS, PER.",IlTTED USES, CONDITIONAL USES,
DIMENSIONAL STANDARDS
Sec. 2.2.2. Rural agricultural district.
2.2.2.2.2. Uses accessoO. lo permitted uses.
.......................... ~ ~ and related processing and
production subject to the following criteria:
The activity is clearly incidental to the agricultural development of the
properly,.
2.2.2.3.
2.2.2.3.16.
The affected area is x~ithin a surface water management system for
agricultural use as permitled by the South Florida Water Ma. nasement
District.
Thc amount of excavated material remo,,'¢~t from 1h¢ site can..qgt exce¢3_[
~ cubic yards. Amounts in excess of 4.000 cubic yards l~halI roauir,~
conditional use aDoroval for cmhminin~, pursuant Io thc vrocedures ~
conditions set forth in Section 2.7,44
Conditional uses. The following use~ ~re permitted as conditional use~
in the rural agricultural district (A), subject to the standards and
procedures established in division 2.7.4.
HAY 1 3997
Group care facilities (category I and II) care units; ami nursing homes;,;
assisted livin~ facilities oursuant to s. 400.402 F.S. ~ ch. 58~-~_
F.A.C.: and continuin~ care retirement communities t:,ursuant to s. 651
E.S. and ch. 4-193 F.A.C.. l, Il subject to sc -
Words ::.-~:k :.'-.;:../,,'-, art dclcte(I, words ~ are ack~d. All maps ~ illu:
Pale 4
0S/06.,'97
2.2.3.
2.2.3.3.
2.2.3.3.5.
2.2.4.
2.2.4.2.'2.
2.2.4.3.
v.'ilh n Ihc Urban Desi~'nated 6rea on the Future Land Use glad
Collier Count',' Growth Marla~:¢rq¢i. lt Plan.
Estates district (E).
Conditional uses. The following uses are I:>crmittcd as conditional uses
in the estates district (if), subject to the standards and procedures
established in division 2.'/.4.
Group care facilities (category l); .care uni ~,, ~ubiect to the provi~;ioF~s at
section 2.2,3.}.(; ~1 nursing homes,: assisted livins~ facilities .ur~uanl
~o s. 400,402 F,S, and ch 58A-5 F,A,C.: and cominuin~ care rctir~meqi
communit~¢~ pu~uant to s, 651 F,~. and ch. 4.493 F.A.~.; ali subject to
section 2.6.26.
Residential single-family districts (RSF).
Uses acce.~sory Io permitted uses.
2. Private docks; and b~athous~.~ subject to section 2.6.21. nLd
2,6.22,
Conditiona/uses. Thc following uses are permitted as conditional uses
in the residential singl¢-£amily districts (RSF), subject to the standards
and procedures established in division 2.7.4.
Noncommercial boat launching facilities; and multiple dock
facilities ~ k^~4. ...... subject to the applicable review
criteria set forth in section 2.6.2 I.
2.2.5,
2.2.5.2.2
Group care facilities (category I); care vnits :;ubiect t9 the
grovisi0ns of sectk?n 7 423.,3~ ~4 nursing homes:& assiste~
IMne facilities oursuant to s, 400,402 F,$, and ch. 58A-:~ F,A.C.;
and continuing care retircmcm communities oU~uant t9 l~. 6;~I
E,$. and ~h. 4-]% F.A.~,; all subject to section 2.6.26.
[Renumber this section as necessary]
Multi-family district.-6 district (R. JMF-.6).
Uses occessor), lo permitted tt.~es.
Pr/rate docks~ and b9~tthouses subject to section 2.6.21. and
2.6.22~
2.2.5..3.
Conditional uses. The following uses m"c i:m"mitted ns conditional uses
in the residential multi-family-6 district (P~F-6), subjcc! to the
standards and procedures established in division 2.7.4.
7. Group care facilities (category I and II) care units; and nursing
homes;: ~sislecl li',Sni facilities .ursuant
ch, 58A-5 F,A.C.: m{ cominuin, car~ retirement commtmi~;i,l
Words ~,~ele4~'~ ~'~ deleted, words lO...~g. Zli.~ m'~ *,dd~L All ~
Pale 5
[ MAY 1 lgg7
[Renumber this section as nectssao']
2.2.6.
2.2.7.2.2
Multi-family district-12 district (RMF-12).
Uses accessory to permitted uses.
Private docks; and boathog~¢~ subject to section 2.6.2 I. and
section 2.6.22.
Conditional uses. The follov, ing u.~'s arc permitted as conditional
in the residential muhi-hmily-12 district (RMF-12), subject to the
standards and procedures established in division 2.7.4.
Group cart £acilitits (category I and 11) care units; ~1 nursing
homes:: assisted livine hcilities pursuant to s. 40~.40,~ F,S. and
ch, 58^-5 F.^.q'4 and cgmirming cart rgtir~'rn~'nt ¢gmmuniti¢l~
pursuam to I~. 6~1 F.$. and ch. 4-19~ F,^.C,; all subject to
section 2.6.26.
[Renumber this section as neccssan.']
Residential mulit-family-16 (R3,1F-16)
Uses accessoQ, to permitted uses.
Private dock~, and boathouses subject to section 2.6.21, and
section 2.6.22.
Conditional uses. The following us~s arc permitted as conditional uses
in the residential multi-family-16 district (RMF-16), subject to the
standards and procedures established in division 2.7.4.
Group ca;e facilities (category I and II) care units; nad nursing
homesc assisted livine facilities ~rsuant lo $. 400.402 F.$. and
ch, 55A-5 F.A.C.; and cominuint care retirement communities
~ursuant to s, 651 F.$. and ch, 4,-193 F,A.C.: all subject to
section 2.6.26.
[Renumber this section ~ necessao']
2.2.8.
Residential tourist (RI').
2.2.8.1. Permitted Uses.
5. Time, hare facilities.
2.2.8.2.2. Uses accessory to permitted uses.
Words ::._.::_u "-~':-;;.;i,,'-- ~'e deleted, wo~ds ~ncSeflin¢~ are ~kled. All maps ~ i'
Pate 6
O5/O6/97
usw~ AG£1q. OR LTE. M
MAY ,?, 1
Private docks~ and ~ggthous¢~, subject to section 2.6.21.
2.2.8.3.
Conditional use:L The following uses are permitted as conditional uses
in the residential tourist district (RT), subject to the standards and
procedures established in division 2.7.4.
Noncommercial boat launching facilities
subject to the applicable review criteria set fo~h in section
2.6.21.
Group cue facilities (category ! and [1) care units; emi nursing
homes;; assisted livine facilities oursuant to s. 400.402 F.S. and
~;h. 58A-5 F.A.C,: and confinuin~ care retirement communhics
pursuant to s, 65l F.S. and ch. 4-193 F,A.C.: all subject to
section 2.6.26.
[Renumber this section as necessary]
2.2.9.
2.2.9.2.2.
ViLlage residential(V~).
Uses accessorytopen-nincd uses.
2.] .9.3.
2. Private docks; ~nd boathouses subject to section 2.6.2
Conditional uses. The following uses are permitted as conditional uses
in the village residential district (VR), subject to the standards and
procedures established in division 2.7.4.
Boatyards, ~ subject to the applicable review
criteria set fo~h in section 2.6.21, and marinas.
Group care facilities (categor-y I and II) care units: ae, d nursing
homes,: assisted livina facilities vursuant to s. 400,40.7. F.S. and
qb. 58A-5 F,A,C.: and continuin~z care retirement communitic~
vursuant to s, 651 F.$, and ch, 4-19) F.A.C.: all subject to
section 2.6.26.
[Renumber this section as necessary]
2.2.10.
blobile home district (31H).
2.2.10.2.2.
Uses accessory, to permit'ted uses.
2. Private docks;, arl~ boathouses subject to section 2.6.21.
2.2.10.3. Conditional uses.
2.2.12.
Commercial professional district (C-l) and commercial professional
transitional district (C-I/T).
2.2.12.2. Permitted utes. The followini uses, as identified with · number from the
Standard Industrial CLassification Manual (1987), o¢ as otherwise
provided foe within this sectk,~ ar~ permitted ~s of right, or ~s uses
accessow to permitted uses in the C-I commc~id professional district
mad the C-i/T commc~ial professional transiti~
I
, MAY 1 1go7
o 'u~'9 '7
2.2.12.2,1.
2,2.12.2.2.
2.2.12.3.
2. Depository institutions (groups 6011-6099).
Wools ~'~ ~r~ dek"ted~ w~l~ I~m;l~tJn~l ~ a~kk'd. All ma~ ~ ilha~r~
Pale I
05/0~97
Permitted Uses.
1. Accounting, auditing and bookkeeping sen'ices (g72l).
2. Automobile parking (7521).
3. Business sen'ices (l~roups 7311, 7313, 7322-7331, 7338, 7361, 7371,
7372, 7374-7376, 7379).
4. Child day care sca'ices (8351).
5. Group care facilities (category I and II, except for homeless shelters);
care units except for homeless shelters; ~I nursing homes:; assisted
li,'ing facilities oursuam to s. 400.402 F.S. and ch. 55A-5 F.A.C.: and
continuint care rctircmcn~ communities ~ursuant to s. 651 F.S. and ch.
4-1c73 F.A.C. all subject to Section 2.6.26.
6. Engineering, architectural, and sun,'cying sen'ices (groups g711-8713).
7, tic,.lIb $~;r~'ices (8011-80491,
-7-:.8.., Individual and family social services (8322 activity centers, elderly or
handicapped; adult da}' care centers; and da)' care centers, adult and
handicapped only}.
Insurance carriers, agents and brokers (group 6311-6399, 6411).
Legal sen'ices (811 l).
Management and public relations sen'ices (groups 8741-8743, g748).
Miscellaneous personal sen'ices (7291).
Museums and a. rx galleries (g412).
NondeposhoD' credit institutions (groups 6141-6163).
Real estate (group 6531-654t'L
Any other commercial use or prol:essional sen'ices which is comparable
in nature xvith the fore.eoing use:. including those that exclusi'.ely serve
the administrative as opposed to the operational functions of a business,
and are purely associated ,,Hth a,:tivities conducted in an office.
Use accessory to Per'mined uses.
1. Uses and structures that ate ,,cccssory taxi incidental to thc uses
permitted as of right in thc C-l, C-I/T district.
2. Caxetaker's residence, subject to section 2.6.16.
Conditional uses. The following uses are permissible as condidor,al uses in the
commercial professional/transitional district (C-l, C-I/T), subject to the
standards and procedures established in division 2.7.4.
1. Civic, social and fraternal associations (8641).
' '
t AY 2 1 1997
Educalional sen'ices (82110823 I).
-¢~_.., Homeless shelters, as defined by this code.
~.5. Increased building height to a maximum of 50 feet.
2.2.13.
2.2.13.2.
Mixed residential and commercial uses subject to the follov,'ing criteria:
Commercial convenience district (C-2).
Permitted uses. The following uses, as identified with a number from thc
Standaxd Industrial Classification Manual (1987), or as other%~'ise
provided for v,'ithin this section, are ~rmitted as of right, or as uses
accessor)' to permiaed uses in the C-2 commercial convenience district.
2.2.13.2.1.
Permitted L'ses.
m:~hin,:=. !a.-t.e =ppi!an:cs :'.:eh as refrigcrator.s :rig
Food stores (groups 5-:11 except supermarkets,
Gasoline sen'ice stations (5541 subject to section 2.6.28.)
General .',lerchandi:;¢ $~ores (5311-5399)
Group care facilities (categoD' I and II, except for homeless
shelters); care units except for homeless shelters; m~l nursing
homes:; assisted livinz facilities r, ursuant to s. 400.402 F.S. at'id
ch. 58A-5 F.A.C.: and continuinlz care rctircmenl communities
vursuant to s. 651 F,S, and ch. 4-193 F,A.C. i~ll subject to
Section 2.6.26.
Hardware stores (5251).
4~.11. Health sen'ices (groups g011-8049, 8082).
-~.12 ,Home Furniture, Furnishing ~nd Equipment Stores (.groups
5713-5719, 5731-5736)
44.13. Librazies (g231)
Miu:cllancous Repair Servicea (7629, cxcep~ ~ir~-aft, businex~
md office machine~, large appli,mce~ ar<l white eoo~l$ ~.:ch as
refrigerators ~md washing machine~, 763 !).
-14~.L5.., Mi.u:ellaneous Retail Service~ [5912, 5942-5961).
¢-,-q. 16. Museums and Art Galleries (8412).
!
0J~97
,I-g:17~. Paint, glass and x~allpaper stores (523t)
~a~. 18. Personal services groups (7212,7215,7221723 !-72 $1,7291 ).
~:19. Security and commodity bro:'.ers, dealer, exchanges and ser,,'ices
(groups 6211-6289).
~4~.20. United States Postal Scrv;c¢ (4311 except major distribution
cenler).
~--.2JL. Veterin~r}.' services (0742 excluding outside kenneling).
Videotape rental (7841).
An)' other convenience commercial use v,'hich is comparable in
nature xd~ thc foregoing uses including building for rcuil,
s~rx'icc ~md office purposes consistent with the permit,.ed uses
and purpose ~d intent statemcnl of the district.
2.2.14.
2.2.14.2.
2.2.14.2. I.g
2.2.15.
2.2.15.2.
2.2.15.2.1.13.
2.2.15.2.1.14.
2.2.19.
2.2..19..2.
Commercial intermediale district (C-3).
Permitted uses. The following uses, ns identified with a number from thc
Standard Industrial Classification M~nual (1987), or as othcr~dse
provided for x~ithin this section, are permitted as of fight, or as uses
accessory, to permitted uses in the commercial intermediate district
(C-3).
Group c~re facilities (category I mad I1, except for homeless shelters):
care units except for homeless shelters; ~ nursing homes:.i a~s$is~¢d
]ivini facilities vursu~nt to s, 400.405 F.S. and ch. 55A-5 F.A.C.: and
~;gnfirl~ine care retiremcm communiti¢~ vursuant g9 s. 651 F.S. and ch,
4-J93 F,A.C. all subject To Section 2.6.26.
General commerci~l district (C-4).
Permitted uses. 'Pne follo~4ng uses, as identified x~4th a number from the
Standard Industrial Clnssification Mnmml (1987), or ns otherv,'ise
provided for ~dthin this section, nrc pcrrnined as of fight, or as uses
accessory to pertained uses in the general commercixl district (C4).
Group care facilities (category ! snd Ii, exccp~ for homeless shelters);
care units except for homeless shelters: ~nl nursing homc~; ~sis~ed
livin~ facilities ~ursuan~ ~o s. 400.402 F.S.
con!inuinl c~rc retirement communities ~urs~xm to s. 651 F.S. and
4-193 F.A.C, tlr subject to Section 2.6.26.
~ Health Serxices (Groups ~051-8059, 80~2-g069,
srd 8092-80993
Community fa¢iliD' district (CF).
Permitted uses. The following -u~es sre permiued as of fight, or as uses
accessory to pcrmlued uses in the communiw f~iliry district (CF).
2.2.19.2.1.5
qvntinuin~ care residcnti,I communities ms
4-193 F.A.C.. ~11 subject to Section 2.6.26.
Wools ~.. ::'= :~-:::;,~. ~rt ~ed, wonts underlir~ ~r¢ ~ All m,~os ~nd iii
05/g6~97
Nursing homes, ACLFS~ ~ssistcd livlne f~cilities fALF'I' ~rsuant to
s.400,402 F.S. and ch. 55A-5 F.A.C.. group c~re fnciliBr (c~tegory l) nnd
'sunnx to s.651 F. S. m*,d ch,
AGENDA I~E~
21
Sec. 2.2.20.
2.2.20.2.4.
~26
2.2.26.1
2.__2.26_.2
planned Uni! Developmtn! dis'~ric! (PUD).
Minimztm area required Thc minimum area required for a PUD shall be
ten contiguous acres except ~_tg~hCFWi~ vro~~
whcn I~at~ within ~ activh>' center or
~ithin xhc ur~n fringe me~ ~ dcsig~ted on thc future I~d use map of
thc gro~h management pl~ where no minimum ac~age requirements
mus~ ~ met, For infill p~cels, as 5cfincd in article 6 and the g~h
for a PUD
management plan, the minim~ acreage
contiguous ac~s. For the pu~S of ~ pl~e~ unit dcvclopmcnl
only, the tc~ contiguo~ s~lI i~l~e pro~ics ~ted ~ ci~er an
intc~'ening pl~cd or devdo~ public secct right~f-~Y; provided,
however, no ~nion of such pro~ni~ s~l ~ less ~an five acres.
~~ Ov,rlav Djl, trict (M~[J.~
ur se an nee · n dev~199~cnt on
~~$ur~ 9rdcTIv and a~prialc -
~ fl v~ ,ci t ~i 'b~v fqr the prg~v
~d Oesien o~i0qal. 1~ intended m
~la~i an i ecfi under which~ an~ ~evelop~Cn~
~co I~Ian~~mnce that the lrgpical, ~mall
~{r cn f arc and i r t~cd and prcs¢~'ed, and tha~
devcl mnt a cdcve c t reft ct the uni uc re idcntial and
~~qharactc~ o f ~hc I sland~
eo r~ hic B und~rie~. ~csc ~c~ and ~xandards ap~lv Io t~
~c9 l~land Nla~er plan. ~J~ incl~dc~ the
~~r{Ogc ~uthx~rd a~ abuuing ~hc Oulf 9f M¢xic~
~. ~~mbas Bay ~9 Ibc ~uth, and Biz Marco
~SS ~Q thc ngBhxvC}t- Bii ~ ~iv~l 19 the n9~h ~nd n9~hca~x-
~d ~av to ~v¢ dc~d a~a includc~ all
and x~' x .. ·
.. .
c ti v
~ t~ M~mo Shores PUD D~. i~lodin~ ~he Kev ~a~o
. ay i t '
~efienafion MIZO follox~n~ thc ~in~
05,O6,97
NAY 2 1 1997
WESTERN
MARCO ISLAND
LJINC~$ $1JIJl~r~? TO f!Hl¥1$1011$ IIF M~III~O ISLAIIII ZOlllll~ IIYFJILA'r
Words ~ ut deleted, words underlined arc added. All maps nd i
P~e 12
05/06/9'/
EASTERN
MA RCO ISLA ND
LAN0$ SUIJECT TO PII0'q~SlOl~CS ~ MAA~ ISLAIN~ ZOVilNG
Map 2
ApplJcabilirr. Th~c standards and euid¢lincs art aDnlicabl¢ ~o thc
a~;~qv~ dtscrilxd eeoc, ravhic ar~a. These r~eulations art intend~
:~pplemcnt thc cxisdne land dcvelovmcnt regulations found in ~his
c~e. ~d ~o ~h~bv imolemem ~ ~licies. eoals ~ objectives found
in thc M~o Isled M~ler PI~. In thc event ora conflict ~:cn
pwvisions of lhis c~c ~d ~e~ ~uulations. thc ~eulations con~in~
in thi= 9verlav shall apvlv,
Exceolions to these Design Guidelines and Develovmen! Standards.
Excevtions to thc dev¢lovmcn! s~andards may ~ avo~vcd bv ~hc ~d
of zonine a~als subicc~ ~o thc v~edu~s ~d conditions ~ fo~h in
~cc~ion 2,7,~ of~is c~e. ~d vu~t to ~he PUD vr~edu~s se~ forth
in S~tion 2.7.3. of mis C~c.
~[9~cenf~rmtn~. Uses nad Structures, All vroiccts havinl~ bccn
a Fina~ Site ~vc}o~c~ P~. or buildin~
Pale 13
MAY g 1 1997
2.2.26.6,
AjDanC(;, but ~hich 49 pgt c0mvlv xdth !he
· I i al , in
I ' 'l I
9J' ldoczi°-n-9X-lhil-e~l~v 4i~fiC~ s,l~i(;h ~trc nos cc, mi:acm ~
IEE.~ions ~ fo~ bentjn, I,~all enioY ~ll 9f ~ fi~hts ~c~
.. - .... 4 i ·
· MI t i'n
%-- ' . I t r '
~hich ~ ~ c~f~ 19 t~ lama d t ~ ' hal
~ . ' ~ d d h 'h~
~nds ~ ~ ~e ulu e ~nd e ~ of
Single F~mily~ ~i0gle'familv ~tmc~ureS are ~itwd in lh~ Loxv
~~al~i~tfic~ ~et fq~h in ~he Land Use Designati~
~fiptio~ of~h~ure Land USe Element or,he Mar~
~laster .... Plan
2~6.1.1. PermiH~ es onditionsl ~nd Accesso~' Uses: AS fouqd wilhi~
Sec6on 2.24., Rest' dist ~ SF f~s c ~.
~. Der lo en~~d: ~ f~u~d within $e~fign ~.2.4.4~
~e ~c ~ ~ted~l~v:
1._:__ ~finimum yard rcquiremen!$1
a~ Front 'l'ard: Twenv'''five feet.:
kL_$ide )'or&
1. _Lots v,'ilh (?ne-hundred feet or Fn0re 0fstreet fronla~¢ - 8 feet:
2. _Comer l(?~,l; xxSth froma~e of(?r~e-bundred feet or more on on_e
public 51r~l - $ feel
]~: Lots wi~h less than 9nc-h~ndred fe~:~ of ~treet ffontaee - ?.~
~. ,~[aMmz,ra
~...rPrincir~al Str~CntrCs. 35 f~l. ~ me~r~ from FEMA
~inim~ ~ui~ fl~ clo~6on, or. w~ ~ minimu,.
~dcces$~ ~r,~e~. 20 f~ ~ ~ f~ cxistin~
· m~ cl~ti~ on :~c. of
~ ~ enclo~ ~ich ~v ~ual ~c ~aximum
~i~t ~in~ for ~ ~i~l
~ Minim,m ~r ARCO: Fifl~n
Wo~As ~ m'e ckk"ted, words underlined &re ~dd~:l. All re&ps and illusr
pase 14
0S,~6R7
MAY 21 1997
4. Maximin, Density: 4 dwelling unit~ per acre,
2.2.26.6.l.3.
2.226.6.2
2.2.26.6.2.1
~.2.g6.6.2,2.
Pesien Standardl~ ,,nd Guidelinel~: IReser~'ed, l
hlutti-FamilY, Multi-family l~tructures are ~rmitted in the Medium and
l'tigh Density Residential IDi,striet:; set forth in the Land Use Desienatio.
Descrimion Section of the Futur,:; L. and 1,11~¢ Element 0fthe Marco Island_
Ma§tot Plan.
Permitted l, Jl~es. Conditional and ~cce,som' Uses:/~,S found ,,vithifl
sections 2.2.5. RMF-6, 2.2,6. RMF-12. and 2.¢.7 RMF-16. oflhe Land
pev,looment Code ba.sed on the underl','i¢~ zonimz desi~.nation 9[ the..
prorx:rtv.
Development Standards: ^$ found within ~ec;tions 2.2.5.4=
Dimen$ionoI standards (KMF-6): 2.2.6.4. Dimensional standards eRMF-
12) , and 2.2,7,4, ~)irn¢~uional standards [~MF-16) 9[ thi~ code based
9i3 the underh'ine zonin~ designation on the i~ro~av, and as set forxh
1~¢19w,
1, t~.[inimum 'Fard requfrements~
a) Waterfrpnt Yard: Twenty £ee~ (20') at a minimum.
~, ).[cv~imum Density: . Density within qli~tricts allowin~ for muhj-
family residegces frail not exceed the denl;itv set forth for Medjuml
arltl High Density Residential Districts. as the case max' Ix. as
['Onh in the Future L~nd Use Element of the Marco Island Master
2.2.26.6.~.3.
Desi£n Standards and Guidelines: [Re~erved.I
2.2.26.6.3.
Ret, ide~tjaJ ~,Ji,~ed U~e. The Marco Island Ma.~ter PJ.~n. in thR
Residential MixeO Use District. limits refidenfial dwellings to mulfi:
family ~tmcmres. Ho~els. mo~els, time~har? ~nd family-care facilities are
~mitted. Non-residenti~! uses ~ined in this district are limited t9
those lhat are comoatible wilh ~n~or su¢~n the character 9r ~he ~rea,
~ese use~ include; var~. o~n s~ac¢ and recreational uses. churches.
~chools. libraries, cemete~e~ and essential 5e~'ice, a, defined in Section
2.6.9., Essential sen'ices, of this C~¢,
~.2.266.3.!.
~ermitted, (~onditional and ,6,.¢c¢I~9r,' Uses. As erovided for in
Section 2,2.$.. Residcnlial Igufis~ district, of ~his C~e. Parks and o~n
~pace shall ~ ~iucd me~. Recreational uses which are not accesso~'
~ a ~ined vfincival ~e. sch~ls, cemeteries and libraries shall ~
conditional u~s ~d es~ntial ~ices shall either ~ ~miued or
~ondilional uses as seg for& in $eclion 2.6.9.. Essential semices, of this
C~e.
~.2.26.~.3.2.
Develooment Siandards: As found within Semiqn 2.2.8.4_
Dimen$ion{*l it(Jndards, et' this code or as may otherwise ~ orovided
within a PUD zonimz district.
2.2.26.63,3,
pe~i£n Standards and Guidelines: IReservedl.
2.2,26.7,
Lel!qd~ Desienated Commercial on the Futur~ Land Use blav of the
blarc9 Island blaster Plan.
AGE D I EM
MAY g 1 1997'
Words ~ are deleted, wo~d$ underlined are ~&'d. All maps and illus~
Paj¢ 15
05,~6/97
~.2,26.?.I.
D~;velgpment ~nd pimenldonal Standards, and Desie. n Guideline}
[gr Commercial. Mixed Use and Multi-lamely Develgpmenl~-~ll
~h~ oro~Jes designated commercial on ~he Fut~ Land U~ May of
lhc Marco Island M~cr Plan allow tgr ~ixcd ~sidcntial
commercial development. ~esc districts are; Iht Vilbie Commercial
District the Communiw Commercial Distficl; and thc
~mer~ixed Us~ Dis~dct Additionally. the Villaee Commemial
T~ Ccntcr~ix~d Us~ dis~fic~ allow for r~sidential multi-family
~ dimensional and ~o'eloomcm standards vrovid~d in this c~e for
th~ underlvine zonine di~fict shall avolv, exccut as othe~ urovid¢4
for ~low, ~c Masler Plan calls for thc c~ation of do'cloom¢ol
3~ndards to ~ ~uolied in ~hc c~ of mixed u~ or ~sidenti~l
O~vdovment ~Sthin ~¢~ desilnated commercial on the Ma~o Island
Msstcr Plan Fut~ land U~ Map. ~is overlay district ~<ll ~ amended
~ n~¢s~' ~ development s~ndards for s~cific districts
cleveland. In t~ imcfim, the follo~%i ur~edurcs for mix~ use or
residential dcvcloumcnt on um~nv designated commercial by
Mar~o Island Mas~cr PI~ shall
bl[Lxed Use Dev~loomeots; Proi¢cts prooosinlz both residential multi-
family and commercial uses for a sinlle oroiect or buildinl on lands
tl¢~i~znated commercial en the Marco Island Master Plan ~h~ll aclhere I<?
the fgllm~inlz procedure.~:
L Prol'ect$ equal t9 or treater than 9ne acre in ii;e, Specific desien
ired development s~d~s shall ~ dev¢lo~d for each
~ommercial districts ~or su~i~ficts identified h~i~. Until
such O¢fien and dev¢lovmenl ~and~ds have ~$p devdo~d ~nd
inco~raled imo thi~ overlay d~umem, no mi~ed use dev¢lovment
shall ~ ~iucd for proi~ts m~l to or l~ater than
~iz¢, ¢xccvt ~vhcre a PUD ~zon¢ i~ pro.seal. All of the provision~
of 5¢c, 2.2.20.. Pla~ctd imil do'elo~ment district, of this C~¢ shall
apvlv ~o a mixed use PUD. ¢xcem that the minimum size shall
~fl¢ acre.
Proi¢cts less than one acre in size. Specific desilm and development
~tandards shall bc developed for each of the commercial
and.lot sub-districts identified herein. Until such desien and
develovment standar~ have bctn developed and intone)orated into
~hi~ overlay documen'., no mixed use develovment shall b¢r, crmitted
for projects under one acre in size. except ~ith aoorovaJ of a
(;9n<;lifional usc ss ~,:ovidcd for in Section 2.7.4. of this code. Thc
~:gnditional usc opal!cation shall include thc submittal of a Site
Development or Sil¢ lmvrovement Plan ',','high addresses thc
provisions set for',.h in section 2,6,26.7,2_ Additiom. Site
Imz~rowments and Redevelopment.
Residential Multi-familv Developments. Prelects oro~osini to develop
9rlJY muhi-farnilv residential on lands desi~znated commercial on the
Marc~) Island Master Plan shall adhere to the followinsz oroc~lur,:s:
05/0~7
L Multi-family residemiil development on oroio:u mual to or Rreater
than one acre in size - s~x'cific desi~zn ~<l development ~s
shall ~ dcx~Jo~d for each of t~ comm~ial di~c~ ~or
districts identifi~ ~in. Until such dmien ~ ~lo~t
s~daMs have ~n dev~lo~ ~d ince~nt~ into this
d~ument, no muhi-f~ilv dev¢lovment ~ ~itt~ for
w~ ~ ~ delete, w~s underlined are ~d~. All m~ and illusn t~ ~
2.2.26.?.1.1.3,
2.2.26v. I,2,
proiecls eaual to or ~reater lhan o~¢ acre in ~ize. exceo~ ~her~ such
]ands arc cuncntlv zoned to allow for such a u~ an6 dcnsi~' of units
~[ acr~. ~r ~vh~rr ~ PUD rezone is oro~d, All of th~ vrov~sio~
~ Sec. 2.2.20. of this c~c shall avvlv lo a multi-familY PL~. cxcev~
lhat ~hc minimum size shall ~ one acre. ~crc ~his overlay ii silcm
x~Sth r:s~ Io dcvcloomcnl ~nd~ds for ~sidcntial dcvdopmen~ in
~ com~e~ial dis~fic~ or suMistficl~. Ibc developments s~ndards
~hc ~MF-12 ~i~fic~ ~hall ~ uflized as a ~uidcli~ for ~he
~ ~luhi-famih' rcsidegtial develoumenl on ~roi~Is less t~ o~
in size sha~l ~ r~uired to obtain con4jlio~l u~ avvm~l
provided for in So,ion 2.7.4. of Ibis c~e. unless t~ un&dvi~
zonine on the ~to~ ~ils ~sidential mulli-f~ilv ~.
fondifional ug avvlicafion s~ll include the surimi of a Site
~velovmenl or Si~c Improvement PI~. ~ is a~licable. ~ich
add~s~ ~e omxfi~o~ mi forth in ~lion 2.6.26.7.2.. Additfon$.
~ils [esi&nfial mulli-familv u~s at a densiw less t~
~iued by lhe bl~o Island Master Plan. ~e ~' shall
[ezoned Io ~ avvrevfiate distficl allox~Sne for the density nol
~xcecd tha~ ~ine~ by the Future Land Use El~ent of the Marco
Commercial D~velovments, ~miec~s vro~sine only commercial
· ~h no residential com~nem. I~a~ed in a comme~ial zonin~ district
~*hjch ~i~s the vre~d comme~ial u~s~ shall adhere Io the
4~velovment s~anOard~ ~t forth in ~id zonine dislficl. Proiec~
~rg~sin~ commercial =~s ~th no residential core,nero. I~at~ in
Ee~idemiallv zoned dish, ct shall ~ mouired ~o rezone to an avvrovfia~e
commercial 4istdc~ or ~av rezone Io a PUD zonine dis~ricx subiecl
~h~ vrovision~ of scclio: 2,2.20. of this c~e. cxcev~ that lhe minimum
~ize shall ~ one acre,
~omwgni~' Commercial Dislfict - ~e vu~se of ~his distficl
Erovide for centers of ~ctivitv that g~e the needs of lhe su~oundin~
~9mmunitv. ~e five ser~te areas designated Community Comme~ial
9~ the Marco Island Fuv~ Land U~ May. ~e further identified
as su~istficls. Due Io ~e unioue natu~ of each of Ihe~ sub4istficts
and lhe su~oundin~ ne~zh~rh~s, the folloW,She s~ific sub4istfic~
develovmen~ sxandards ~2ve ~en develo~d.
Collier Boulevard Pedntrtan Tou~t Sub-Dis~ric~ - ~is su~istfi~
i~ cha~c~efized by ~eieh~ comme~ial u~. m~
comme~ial ugs which taler ~th Io toudsls and year wund ~si~Is.
~is suVdis~fic~ is ~&er idem~ ~ follo~: Colli~
Pedesxfim Tourist Su~Distfi~ No~. I~a~ alone ~ e~ si~ of
Collier Boulevard. in clo~ ~xlmi~ Io ~ Gulf of M~ico. ~ of
San M~o Road (SR 92): ~- Colli~ ~ul~ P~m T~
Sub-Distfi~ Sou~h. al~ l~a~ on t~ ~ side of Colli~ ~1~. in
~o~ vroximitv io lhe Gulf of Mexico. Sou~h of S~ M~o Road.
~und~ of the Coll~ Boule~ P~es~m T~st ~
~epic~ on May ~ 3 ~ Mau a 4 ~low. ~th ~ No~ ~ ~u~
Qollier Boulev~d P~c~ Toufi~ Su~Dis~ficu ~ I~at~ in clo~
proximiw to. a~ th~ ~'e. tho~s of ~ime sM~. ~tel ~ multi-
Word~ a4ea, eb,4Nee~:h are ~k~t~ words vpderlin~ are ~tded. Ail map~ a~l illus~'atio~ at~ ~ ~
05/~6/97
P~e I?
MAY 1 1997',,
CLAM
BAY
COLLIER BOUL,VAIIID p(DIESTRIIAN TOUIIIItliT SUIIDISTIqlCT
OF THII COMMUNITY COIMMI/'RCIAL DISTI~ICT
blip 3
Wonts mvti, Geev~ ,,r~ ~leccl, win-ds VmS(lined ~c xlded. Ali m~pS m~d ill~
(NONTH S~E CTION)
MAY ~ 1 19cJ7
COLLI(R IIOULIEVAI~D P(OISTII-lAN TOURIST ~UIIOISTI~ICT (SOUTH S(CTION)
OF THE COMMUNITY COMM(I~CIAL DISTIller
M~p ~
permitted. Condi6on~l and Accesserv Uses, ~
~0dcrlvin~ zonin, disa-ict, cxcc~ tha~ mixed usc clcvcloom~t is
p~rmic~ccL subject to thc omvisions s~t forth in section 2.2.26.7.1. of this
C~c. All uscs and strut"aa-cs th~ arc accessory nnd incidcn~ to multi-
/a~nilv dwcllines, as oro~i~ed for in scction 2.2.6.2.2. of this coc$c, shall
1;;"; ocTmlt~ed in coniunc~ion wi~h an a:nxoved mixed usc
2~2.26,?,!.2.1.2.
2~ ~ideYord,. 0 9r a minimum 9f 15 fc~L
I..2.16.7,1.1.1.3.
3[ixed.,t~e.. x~]i,;¢4.us¢ development i~ ~rmiued
provi~ion~ ~I [ogh in ~Ction 2.2.26.7.1.
~I~ from commc~ial units and ~11 ha~ ~t~
digin~ enln~lv~ and ~hall nql ~ I~at~ ~i~cnt to cqll~x~
3[~nimum ~'dlin~ Unit drtgz~ffici~ ' 4~9
f{¢/; one ~dr~m - ~ m~m f~: ~'o or
~) 3[~im~tm Denim: ~2 uniB ~r
Commercial o~d Mixtd U~ ~ follo~n~
}~d~d~ a¢olv ~O all dev~looment xxS~hi~ ~ Colli~
~de~lfi~ Tong Su~Di~tficL
residcnQal or commemial, not to exc~ fo~' f~ f40'~
~n[ ~q minimum numar of off-str~t ~kinl
~ces ~hall ~ mouir~ on-site. ~
DixSsion 2.3 of this c~e. unl~s one of~e
,oDroved: an off-site or sh~ed ~ine ~lition
~9 the r~uirements and ~edums m forth in dMsion
2.3 ef ff2s c~e: ~ vari~ce from t~ required numar of
p~kine s~aces ~ ~mxSd~ for in ~cfion 2.7.5. of
g~e: er. with tM submission of ~ mulfi¢le site
imerovement ~lan (MSDP3 or site d~'elom~l ~1~
~P) ru~nt to the ~roxSsions of ~ion 2.2.26.7~
cvo or mo~ ~iaccnt ~roi~B I~I~ x~i~hin
~ of fl~ Collier ~ul~ P~ To~
~n~. A~i;i~llv. ~ ~ c~
23 for s~i~ c~t~ ~ ~m~'
~mt~ m f~ in di~ 2.3. of ~is
~ ~x~ of ~i~ 2.3.4.11.9.
Comme~dii ~ GaM~im~: Su~ ~ ~ ~ of
Wor~ ,sa~ se~ de k-,.~,e.d, wo~l~ un~l, erlin, t'd tre .adde'd- ^ fl re'ePS and ~k
o$~rJ6~97
2.2.26.7.1.2.2.
Barfidd Sub-Distria~, ~!s ~ub-district is located a~ Ibc inm~,¢ction o.f
]~ar~cld Drive ~d ~ ~arco ~oad (~R 92). ~iS ~pb~istric~ ~
~rcdominao~v d~.clo~d ~ nci~h~rh~ cgmmcrchl t~'~ u~.
~nclgd~Rg a [~rg¢ ~r~cw, d~g and hardware 3tore, ~3taurants and
~p~. ~e Ba~cld Su~Di~tdct i~ ~unguMcd by
g~ta~]i~h~d single f~lv pci~h~rh~s. ~c ~undadc~ 9[ ~hc ~arficl~
IARFIELO SUIII OISTR ICT
OF TH! COMMUNITY COMM,RCIAL DISTRICT
Map 5
~,2.26.7,1.2.2.]
Ptrmi,cd, (~o0ditional and Accessory USU. As ocrmirtcd in ~h~
~ndcrlvin~ zonine alisa'itt. ¢xcep~ that Wj,x~ usc dcvclocrmcnt i~
~rmit~¢d. subi¢ct to ~,h¢ .rovisions sc~ forth in sccfion 2.2.26.7, I,of this
~¢. All uses and structures that arc accessory and incidc~tal to multi-
~arnilv d~lllnzs, as oroddcd for in section 2.2.6.2.2. of this cock. shall
be ucrmiucd in coniuncfion ,.rich an avvrovcd mixcd usc dr,,dourn,rnt.
Words ~n~ek-a~e~,h an deleted, words undcrlin~ ~'e added. All maps and
Ptl¢ 21
0906~97
AGEHDA ,IT_EM
MAY 1 1997
n. i "-7
2.2.26,?,1.2.2.2.
2.2.26.7,1.].2.3
~.2.26,?.!.2.3,
pev¢lqoment $1an~lardt;
1. ~qmmer~ial Uses. Thc devclooment standards for thc un~rlvi~
zonine dis~cl shall n~plv. ~pt as follows:
~eq,ired yards: ~) sci fo~h in the vndcrB'i~e zonin~
district. ¢xc~vt ~ follows:
], R¢Or ¥grd : 25 f~t
Side Yard: 0 or 15 feet at a minimurm
Mixed Usc: 1,4ixed u~s nrc ~xrrnittcd subject to thc orovisiorm
_~et forth in section 2.2.26.7.1. gcsidenlial comvoncnts of an~
~lcvclooment slull either ~ Ioc,,tcd in an indcrmndent multi-
family structure, or located above commercial us¢~ it' Iocal~
~qlhin * mixed u~ stmclurc. Residential units shall not b~
lee)ted on thc Fat floor of any mixed usc structure.
3finimum Dwelltnit Unit .4rea; Efficiency - 4~0 mu~rl
one b~droom - 600 square feet: two 9r more
~,_dr99ms - 750 sauarc foci.
3[crrimum Density: 12 units r<r acre,
Commercial ar.d Mixed U$¢. The followint dev¢looment
~I~ndards mvvlv to all dcvelovmen~ within thc Ba~cld Su~
Discdct
3[r~imum ~eleht: ~r~ habitable stories, whether
rgsidemhl or comm,~ial, hal to ~xce*d faa' ftt~ (40'~
]:'orkin~' As vrovided for in thc division 2.3. of this code.
Commercial Design Guidelines: ~;ubicct to ~hc vrovisions of DMsion
2,8.. Architectural and $i~c Dcsien Standards and Sil¢ ~sien Sta~affis
fgr Commc~ial Buildines nnd
M~rco Lnk~ Sub-Disffi~ - ~c M~o lake Su~Di~ct is
~iaccnt lo Marco L~c on thc ~ulh side of Fire Avenue. ~ ~m
[~n~ Street ~nd M~co L~e ~vc. Existin~ I~d u~ ~'
[~m ~il shoos, rcsl~B ~ tallies. ~d m ~tcl. lo m~ic~ ~
~on~ctom offices ~i~ ouui~ static ~. Mo~ ~i~int ~
~c ta~ sto~ ~d were co~mcd in cxc~s of m~ v~ meo. ~s is
~ old~ su~i~Ssion ~i& smmll ~w-fivc f~t ~& vl~ Io~. ~
~cs of Ih~ M~o ~c Su~Di~ ~ dcvi~ on Mmv ~ ~
~low.
Wools ~m,~ml~hcm~lh m~ ~kl~ ~ underlined ~r~ mdd~l. All ~
OF TH~ coMMUNITY COMMERCIAL DISTRICT
Map 6
22 '7 2 r 'ti it' al d ' ' S ~
V' ' ' ¢
permitted, subi¢cx to thc o~visions ~ forth in ~fion 2.2,263,1.of t~
~~d st~cm~s ihat s~ acc~s~ and inci~cn~l ~o mu~
[amilv d~xliin~s. ~ oro~id~ for in ~tion 2.2,6.2,2. of ~is c~e. sh~
~ ~it~cd in coniuncfion ~h an aoorovcd mixed u~ dcvcloom~L
L Cemmercial Uses. The dcvelovmcnt irtandards
9ndcrlvine zonine disxric~ shall aoolv, cxcco4 ss follows:
thc
Words taq~e~'e~tl~ ~ deleted, words Endcrlin~ ate ~ded. All maps and
pale 23
0S/06/97
/{eauired ~rd$: ~As 5¢t forth in thc underlvinq zoninz
district, exc¢ot as follo'~:
Side Y~r& ~ 9r a minimum seoaration of I0 l'eet
t~twe¢n structures,
Rear Yard: 15 feet.
Mixed Use: blixed uses are mined subiecl to the om~4si0ns
set forth in section 2.2.:26.7.1. Residential comoonents of
mixed u~e develooment .shall be located above commercial uses.
Residential units shall not be Io~atcd in an indet:~:ndent multi-
family s~rocmre, nor on the first floor of any mixed use ~ructure.
it/
Minimum D~llln~ U, ir Area: Efficiencx - 450 ~ua~e
feel: o~ bedroom - 600 ~uare feet: two or more
];b~xlroom - 750 s~uare feet.
3[¢ximum Density: 12 units ~er acre.
Commercial ~m(I b[ixed Uses. The following dcveloomem
~tandards aoolv to all develooment within the M~rco Lake Sub-
District.
3[~imum tI¢ieht: Tlvee habitable stories, xvhcthcr
residential or commercial, not to exceed fgrtv feet (40').
t~arkine: For commercial uses. as reouired in division
Z3. of this code. Thc cxistini~ Marco Lake Drive
l~usiness District ~rovides for reduced ~arkin, for
prmxniv3 located ~Sthin ils ~undafies, A ~tifion to
cxo~d ~c ~und~es of the Marco Lake Drive Business
Dinfic~ m include additional ¢ublic on-s~ ~arkint
aloni Front St~t may
~nd ef county commissionen for consid~tion.
Bo=d may consider ~e follox~int factom in
such a ~st: ~e num~ of Dm~nv O~ ~iac~t to
the e~q side of Front Steer and the ~h side F~
Avenue suo~nini ~e meuest: e~d~e of fi~ifl ....
co~i~ent on ~e ~ of such oro~nv o~ to
~x. imerovemenu ~thin the fi~ht~f-~3v r~ui~
exo~d ~e ~und~ of the M~o Lake Drive Bmi~s
Dis~ct: m~ximiation of available on-site ~inz
pro~ni~ I~at~ ~Sthin the exisfinz
~m of the district. ~d. the im~cu to ~ mblic
heal~ ~ ~d ~lf~ ~ a result of ~ ~ion of
the
2.2.26.7.1.2.33.
Commercial Design Guidelines:Subject to the m.ovisions of Division
2,8. Architectural ~nd Site Desi~ S~and~'ds and Site Desi~ Standards
for Commercial Buildlnzs ~d ProiecU.
2,2,26.7.1.2.4.
Words ~ m'e deleted, wools It~derlined ~ raided. All m~.s msd illin
Community Center Sub-Dhtrict - The Community Center Sub-
District is located in thc ~zeo;raDhic center of thc island. ~ad cont~ims
such existin~ land uses ~ the Marco Island firehouse, the Marco Island
healthcare center, vm'icnzs medical and other orofessional office. The
I~undafies of the Community Center Sub-District ~re depicted on M~ #
7 below, mk~s ~
MAY 2 1 1997
1_%0
COMMUNITY CGNTI~R SUBDISTRICT
OF THI COMMUNITY COIMIMIIERCIAt' DISTRICT
~r~i~cd. subicc~ ~o thc ~rovisions 5c~ forth in 5c~fion 2.Z26.?.! ,of'
~c~c. ^11 uses arid ~clurc$ that arc accc~rv ~ ir~dc~al ~o rnul~
f~mi~ d~llin~s, as provided for in sc~fio~ 2.2.6.Z2. of ~i3 code. 51~LI
~ c<rmit~cd in coniunctiofl with an aoorov~! mixcd usc ctc~lom~mL
~..26,?,1.2.4,2,
Words ~ ,r~ deleted, words ~Ldcrlincd ~t¢ ~ded. All rasps snd
0~7
C~ommerciol Uses. Thc dcvcloomcnt standards for thc undcltvinz
zonine district shall noolv, cxcevt ~s follo~
~¢oMred yar&c AS ~t fo~h in ~c ~rlvine ~ning
~istfict. exceot os fOllo~l
I~ti~ ~~
1 lgg?
~.2.26.?.1.2,4.,3,
2.2,26.7,1,),
Yard: 25 feet
~, $ide Yard; O or a minimum of l S feeL
~MiXcd un arc ~rmitted subicct to thc vro,,'isio~
forth in ~cction 2.2.26.7.1. Residential com~x:ments ot any_
mixed u~ dcv¢loomcnt shall bc located above commercial uses,
]~_ Mariml~m D~n~itv: 12 units ~r acrc.
Commercial and Mixed Uses. Thc followine dcvcloomcnt
g.a.o.qIatflz~plv to all development within thc Communiw Center
Sub-District.
3[¢ximum ~[eiitht: Thrc¢ habitable
residential or commercial, not to exc~ forty f~t
?arkin?: AS rcouircd in division 2.3 of this code.
Commercial Desi~,n Guidelines: ~ubicct to thc orovislons of Division
2.8.. Architectural md Site Design Standards and Silt Dcsitn Standards
for Commercial Buildings and ProiccB,
Villa~e Commercial District, Thc out'Dose of this district is to orovidc
a mixture of residential uses and aoorooriat¢ commercial uses to
maintain thc historic, villalze character of thc area, Thc boundaries of
~h¢ viIla"e Commercial District arc d¢oicted on Mao # 8
Words ~ are ~lc~ed, words underlined ~re a~led. All maps =nd i
Pale 26
0~./06~7
AGENDA
MAY 1 1997
... I
Map $
['¢rmitted. Con~ili0nal and Accessorx' I,J~e~. A~ ~txcd in the
~ndcrlvint ~nin~ dis~ct. ¢xcc~[ ~at mix~ u~ dcvdo~mcnx L
~i~cd. subi~ xo ~¢ ~ov~gns ~t fo~h in ~ion 2.2.26.7.1, of~
g~¢, All u~s ~d s~c~ that ~ acc~' ~ i~iden~l to muhi-
f~ilv ~wellints. a~ o~vid~ for in ~xion 2.2.6.2.2, of~is c~e. shall
~ ~i~ in coni~ction ~ ~ a~v~ mixed u~ develooment.
2.2.26,7.1.3.2.
i)o'¢looment Standar~
I. Commercial
Merchandise Storaee and DisMcn': ~erchandise ~on'a~c
arid disolav is oermitled o~ omoexxks zoned C-5 ~i~hin
the Boundaries of the Villaee Comrno~ial E)istric~ as an
~Lce~sorv ~ to t~-rmirted conm'tevcial u~ex. sub, ecl 1~
the co~4itions and rcmsirt'mems ~ forxh in Sectkxta
~.2.15'A..5. and 2.2.15~,6.6. of this co~. Addifiorallv.
~hain link fenclne is hal oennitted ~t~en y~_n5~., ~.u~.,a
MAY 2
publ!c street, except in conivnction v, ith
gLantints which ~rovidc a minimum 80'4 vracitv
heist of six fcct at Iht time of ~lantint. Existin~ ou;door
stor*~c areas located within thc Villatc Commercial
District shall conform to this .rovision. ~ ~'cll as thc
or0visions set forth in Sections 2.2.1S'&S
2.2.1S'/:, 6. wiIhin onc vcar of thc date of ado~ion of this
9vcrlav district.
Mixed U~e ond Restdentiol: Multi-family residcmial and mixed
uses ar~ ~crmirtcd subicct to thc m'ovisions set forth in section
2,2,26.7.1, of this c~c. Rcsidenthl com~or, c'nts shall either Ix
Iocatrd in an i~t muki-familv strucm, r~. or snail
localed above commcrcial uses if located within a mixed, usc
M[nimttrn D~lling Unit/{rea: Efficiency - 450 souarc
foci: one lx'droom - 600 ~uarc fc~: w,'o or more
~drooms - 750 s~ua~ fc~.
3[txrim~.~m Z)eruirv: 8 units ~,r act..:.
Commercial. Mixed Use and ~¢$idential. Th~ follow, in,
city. lop.nc'n! standards am>Iv to all do'clooment v, ithin thc
Vill~c Commctdd Disuict
3,1rrrimum ~tch'ht: ~ habitable smdc-s.
rtsidcnfial 9f commercial, no~ to ¢xcc~-'d
b)
Parki,t: For commercial ~. ~ r~muired in divisi~ 2.3
of ~s C~. ~ m~imm nm~ of off-~
s~ ~1 ~ ~ ~-si~e. ~ ~ f~
~Ssi~ 23 of this ~. ml~ ~ of ~ folB~int
~x-~: ~ off. lc ~ ~ m~int ~it~ ~
to ~ muim ~ ~ m f~ in divisi~
2.3 of ~is ~ a ~ from ~ ~ui~ ~ of
o~in~ ~ ~ ~ for in ~i~ 2.7.5. of
~: ~. ~ ~ ~is~i~ of a muh~ site
{SDP} ~ m ~ m~Ssi~ of ~i~ 2.2.26.72. of
~ ~ ~ml of ~-site ~inm A~it~lv,
20.~ ~ f~ m~ ~int ~ ~ ~ on
ntio ~ N ~ 2.3. of ~ia ~ f~
~ m fm f~ ~int mm m f~h in
di~i~ 23_ ~ ~ ~ m ~i~ m (~.
2.2.26.7.1.33.
05/0,6/97
Commercial Desitn Guidelines: Subiccl to the otovisions of Division
2.8.. Architectural and Site Desima Standards and Si~c Dcsitn Standard4
for Commercial Buildings ~qd Pnok. ct~. DeveSt of new ~
which emolov ~hitectuml femurs o~istent wiOi those typically
utilized on cxistine historic slmcltu~_,, h,, th,. di.m, ie~ is encourae¢l.
Higodcal stngtut~ located in thc ~k-a incl&fztl~hLri~in Col~x
MAY g 1 1997
~.2.26.?.1.4.
u w i ' rat rc 'I rural eatur tv ica1 f the Florida
~~ludin~ metal r~fs and covered ~
Town ~entcr~l~te~ U~e ~istrict .,.~}tdct is intended lQ ~ th_ c
~~'~n~ thc c0mmuni~v 9[ ~ar¢o 1~land an~
ucht c( i c ia c r' z in
~~ ~is Di~c~ ~ts ~id¢~~ial an~
c 'al dvc ~nl wd' a mi. c u · . undarlt
Map 0
2.2.26.7.1.4.1~.
Words '~ are &:~,ed. ~,ords IL.n~c~linc~ arc ad,,tcd. All maps and illui
pale _-'29
05/06/97
.section 2,2.26."/,I, of this code, Residential ¢omvonents shall
~ithcr be located in ~ jp~nden~ multi-family ~m~tum. or
ahall ~ I~ated a~ve commercial ugs ifl~aled ~ithin a mixed
2.2.26."/.I.4.2. Dev¢lqpm~:nt Sta1~dar~
(~ommer¢io! Uses, The d¢¢eloomcnl standard~ for the underlvint~
district shall aDl:.ly, except as follows:
Merchandise St,:traee and Disvlav: Merchandise storage
ired disola¥ is ~i~:ed ~5~hin the Boundaries of
To~ Cenler~i~ed U~ District.
~ined comme~ial use~, ~ubiect to the ¢ondifion~ a~
re~uirement~l fo~h in S~lions 2.2.15V=.5,
~.2.15'/:.6. of this c~e. Additionally. chain li~ fencin~
is not ~iued ~en ~sible f~m a oublic ~t. exceD~
in conjunction ~th landsca~ oI~tin~s ~jch
minimum 80% o~ci~v at a height of ~ix feet at the time
~~ng outd~r slorage am~ I~ated ~i~hin
~h¢ Toxx~ Center Mixed Use District shall confo~ to this
pro,sion. ~ ~11 ~s the vmvisiQns m~ forth in Secsions
2.2.15 sfi.5 ~nd 2.2.15 Y:. 6. of this
of the ~te oFf,option or,his overl~v dirtier.
Mixed Use and Residential: Muhi-familv residential and mixed
uses ar~ vermiaed subject to the vrovisions se~ forxh in section
2.2.26,7,1. of this ¢~¢, Residential come. hems of an,,' mixed
use deve!opment shall either be located in an inde~ndent multi-
family structure, or shill be located above commer~iaJ uses if
l~i~ted w~thin a mixed use s~rucmrc.
3[irffmurn Dwellin~ Unit Area' Efficiencv- -I.~0 s~uate
feet: one bedr~m - 600 s~uar¢ deeR; l,,'c~ or mote
bedrooms - 750 s~uare feet.
.gfaximum Density: 12 units vet acre.
Commercial Deslzn Guidelines: Subiec! to the vrovisions of Division
ZS.. Architectural ~d Site ~si~n S~Mards a~ Si~e ~i~n Sta~s
for Comme~ial Buildings and ~i~ts.
2.2,26,7,2,
AUditions. Site lmorovemer~!s and Redrvelovmenl: Owners of ~.'.~o of
m~ con~i~ ~i~ I~:~I~ ~thin t~ ~ of ~ Cotli~
~ul~ P~fim T~ Su~Di~c~ of ~ C~uniw
Comm~ial Di~ t~ To~n C~t~ Mix~ U~ Dis~, ~ ~
VilJaee Co~i~ Di~ may a~lv for a fi~ ~ ~i~ in
~¢ ~ui~ ~t of ~-site ~i~ ~ a~ of a multi~e ~
~. ~ a sile d~xlo~ ~!~ fSDPL ~bi~ lo ~ ~si~ of
di~sion 3.3. of ~is ~, M~ ~iti~ of im~ ~ ~
19 ~e ~hi~l~. bi~le ~ ~ ~ to ~ from ~ildi~
mvie~ uM~ t~ site impel ol~ ~ ~ s~ll ~ ~ui~
Wonls ~ ~ deleted, words Vn~edined ~ ~ All maps ~ ill~m~
05/06/97
MAY 2 1
Condition.~d. T_he MSIP or SOP 1;hall adhere
~pmcnt Pl*qi~and
~~eh'
]. prOx. iS~O~~lTiaq acc~ tO and from
~rox'~ for vatkj0g and acce~ for ~hc disabled a~ rCqui~d
vr~vi~ons for ~nhan~ 9n.si~d~cap~ne lO
~ssiblc. as
4. prOvislonl ~Q m)ximi~ sharej u~e Of in[~)l~qtu~ ~
~. sidewalksjDgr~ss and eeress ~int~ and ghe lik~
vrov~sion~ ~9 ¢liminat~ 9r ~t~C[u~)lv alter on-si~
~i~e slenale such gha~ j~ ;onfo~s ~h ~he orovisio~
~f division 2.5. and section 2.2.26.10. ofghi~ c~
.2.26.~.2. · · dm hal ndlll n r x I r r tit al ss~thm
~gundoriff qf the Eilloee Commercial ~iitrict~ ~
~xv~thm ~he Vjllae¢ ~9~mercial Dis~fig~ 9r
n ' d e Di ~ic ~ IP o P hall de ~rate ~hat
~~Q maintain ~n~gr enhon¢¢ Ibc ~dc~tfian
~or vro~nie~ 0r ~roiect$ equal to 9r gr¢a~Cr than 9ve acre
~i~ ~he Village Commerqi~l Di~ricL provisions shall ~
~rcscn'¢ existing ~tmc~ure~ which arc. de~iRna~cd hi~torlca] bv ~h~
~D' 9r ~h¢ ~a~¢. ~e}c provisions may include, bu~ are no~ limited
hhe creation 0f the foJ~
1~ ~fdestria~bicl,cl¢ ¢Ofrmentf. Xx~erc ~dc~trian ~ndt~
~cv¢t¢ ga~em¢ot~ or view coffidor $a~ment~ h~ve
~ante~ t9 the public, an administering reduction of
rear andt0r ~i~e yard requirement~ by up ~9 te~ feet may
~ eram¢d by ~h¢ v~in~ ~¢n'ice~ director or
~e~i~nee:
~tate OnW~r local historic de~ignati9n.
~mO~ures or ~ites of historic sienificanc~ ,,hich
~¢si~n~ted a~ historic ~c~ure~ 9r ~ite} way
~gniunc~B wigh ~uch c¢~Jficati9n. ~ e~nled
adminis~rafiv~ variance frg~ ~ific ~ev¢lo~menl
~oqdards. imlUOing required yards, ratline..~
la~aoine in order t9 facilitate historic ~s¢~'afign.
~uest for such ~ v~fian¢¢ ~ay ~ i~nt~
~l~ini semites di~ctor, or his doi~n~. ~gd
~gnst~glon of need. ~¢ request shall ~ made
~tin~ accomvanied by Ibc follo~n~: ~vment of
~quired for an administntive vafia~e ~n effg~ at
lime such request is made: a olot vi< of the )ubi~
~o~v. dm~ t9 <ale, d¢oictine all stmcmrO
~o~scd imvrovements: suv~nivc info~ad~
2 7 vi w ~ m't tar n/ v' w
.o.
l?arkjni~ required shall authqrilcd. Thc; 1
Words ~'~ are deleled, words ~ ,r~ added. All maps
Page 31
tlustr~tlo~s m'~ ~
MAY 2 1 1997
2.2.26.10.2.1.2.1.
,~ien. '~\'hcr¢ Ibc open house i~ pot located 9n a coUcctgr g~
~rccl, in conignctj9~ ~vi~h pn aovrovcd tight'of'way ~it, p
off-si~c directional si~n. no~ ~o cxcc~d four square Feet, may ~ ~m~ittc~
durin~ thc supen'i)ed o~OU~e. ~aid off-lite d~r~ctiQna) lien )hall
plac~d a~ ~hc iptCrl~cti~n of Iht a~crial or collector ~trcct grovidin~
ac~cil t9 tho ]~al }lrgct On w~h Ibc o~n hqu~c i) ~ing conducted=
No olhcr off-site siens shall ~ ~illc~. ~1 }uch }ions }hall
bqur~, Re~l c~talc ~ien~ ~ha)l pQl ~ illuminalcd )n any mannc!~
~a) ~a~c ~ may mcntign only thc name, addr~ and
pum~r 9[ any t~,'9 0f ~hc fo))owip~ entities: !he vro~Y 9~¢r·
~¢r, inv¢rtment company 9r bg~in¢~ fi~ tjqen~¢d to 5¢11 real
~t¢ in thc Stat¢. the na~¢ apd address of thc sal?s~on, or real
ae¢~t, ao~ thc wo[~ ~ndjne" or "~91d" ~av ~ attach¢d to the face
~~hin thc 12"x Ig" si~n face. until dosinm
Real Eftare SienI On Single Fomily Zoned properties (ste Ilhtftration~
~elo,')-
~ ~k~xim,m ~i:e: 1~ jnqh¢~ jn bright by lB inches in length, Siens
may ~ double f~¢¢d, vrovidcd each ~i~n face co~tain~ thc ~am~
~o~v. Such signs may ~ I~a~ed ¢i~h~r ga~ll¢l ~o. or ~ndicula~
~9 the adia¢¢n~ ~eht-of-wav. N9 additional rjdcr~ ~r inf9~ad9u
~xcs shall ~ a~xed t9 this si2n.
~ Color; ~i~¢ Back,round. L~ttcrin~ may ~ ~nv ~i~I¢ color:
~rc¢n~ of thc sien face may jpclgd¢ the display of a 1O~0 which mav
include multiple co]orj,
~ Si~n Sl~pportf: ~upvons ~halJ not exceed two inch¢5 (T') by
jpchcs. All suo~s shall tither ~ white er black.
~ tUa~imum Heieht: ~r¢¢ feet (3') as measured from average
finished ~round deva6on.
~ Setbac~aid ~jens may ~ vlaced at thc vrovenv line, however.
~0 cafe ~hall such ~i~n ~ l~atcd any closer than fifteen Feet (1~'1
~h¢ edge of~a,'¢ment ~fgnv adjaq¢~t public street.
Illustration I
Words ~ arc deleted, words undcr!incd are added, All maps and illu!
Pate 33
05,~6,'97
" AG£NDAJT/M
MAY 1 1997
· .2 . .2..2.2. e ~l t t i n n ~ n r ertl { ee Ihtstr ti n ~ ! w
L~_ ~[(t~imwn vCi;e: Four squar~ &cl. Signs may ~ dgu~lc fac~
provided ~ach ~ien face conlains th~ ~ame co~v. Such ~iens may
]9ca~d ~her parallel to. or ~n~i~ular t9 thg adia~nl fiehvof.
~vav. N9 ~d~ifional fidc~ or info~afion ~xes shall
~ ~elors; 5~i~c backeround. Lcttcrine may ~ nnv ~inelc color: 20
~rccnt of the si,n face may include I~ disvlav of a 19eo ~hich may
include muhivle colom
~~ign S,poornz ~9v~s shall not cxc~cd two inches
inches. All suv~ns shall ei[hcr ~ while or black,
~]~daximum Heieht: Four fce~ (4') as mcasurc~ from ~vc~le finished
~ Setback; Said silns may ~ vlaced at thC vro~v line. however, in
~ case shsll s~ch siin ~ I~at~d any closer th~
~ ¢di¢ ofoavemcnt of~nv adi~ccnt ~ublic strccL
Illustration 2
Words .... ,..s. .....· deleted, words lfl3dcrlincd ~ added. All maps usd illu~
~ge 34
0S,'06~?
3fodel Home Siens bee llltatrcttlon $ belowS: A sinszle on-vremise siam
for ~ m~cl home, ~oomv~d in conjunction ~ith ~ lcm~' u~ ~iL
is ~iucd, Cow on a m~cl home si~n shall ~ limited to thc name of
[h~ ~odcl. ~ dcvelo~r~uilder's name. ~ddr~ss. ohonc num~r, lo~o.
sad ~hat of the licensed real estate com~v~roker, investment company
9r business fi~ licen~d Io sell ~nl estate in thc State. or the n~ ~
~dtcss of ~he sdes~on, or ~nl cstalc ,eent m~ini thc m~cL
M~cl home siins shall not ~ illumimtcd in my m~er. No o~h~
~i.ns. includint ~al c~alc md con~cdon signs shall ~ vlac~
~rg~nv on which ~ m~el home siun is c~tc&
~ Ma~imltm ~i:e: 16 m~ feel Slim mnv ~ double faced, omvidcd
~ch siun face contains thc ~c covv. Such signs may ~ l~a~ed
~ithcr v~llcl to. or ~ndicul~ ~o ~c sdiac~ fi~hl~f-~v. Nu
nddifional riders or info~ation ~x~ sha~ ~ .m~.d lo this sign,
AGEND I [~
MAY 2 1 1997'
~3_ ~[t~ximm, H¢itl"' Six feet ((,'~ ~ m~a~urcd from finished ~rad~
~gf ~h¢ ~¢1 hgm¢, 9r ~hall ~ ~hite. ~etterinq m0~
~20 ~rc¢~[ of the ~ign face may include tbs
~ ~ m~v ~ placed al [he ~r~nv linc, box~cx'cr~
~11 ~vch si~n ~ Ioc~ ~nv clo~er than fifteen fe~t (1 ~
~e of pax'cme~ 0f ~nv adiac~n~ public ~tree~
2 26 1 2 .2.4. o, trttcti n Si ,~ f Iht Ir ti ,~ 4 ' .lowJ' ~ ~;incle_
c n tuct n i x rec~ x ~ ~ rial x xx i
~l~ipl ~it has ~ eranted, H9 buil~in~ ~i~ ~hall ~ re~uir~
fgr ~hc ~n~g~ction ~ien. however, ~aid ~i~n shall ~ ~ccurclx~
~nstmcted aqd erected, Cow ~n ~ 99nst~clig~ ~ien 5hall ~ limited
~h~ name ~nd ~leohone qum~r of ~he Oevelo~r. arqhi~ectural, planning
~nder ~ons~clign, and ~h~ nam~ of gh~ ~ndivid~lfs/ for whom
~v¢lJ~ng/~dd~fion is ~jpl const~cted. Const~ctign ~iens shall not
~~ ~V ~a~er ~nd shall ~ I~aled Jn the flint yard
~9 the ~fj~c¢n~ filhbo[-w~v. Constmcdgn5 ~i2ns shall ~ [¢mgxed 4,~
~uch time as ~ certificate of occuoancv is
~ ~(axin.tm fi;e: Six ~uar~ feel for sinll¢ family, sixteen ~re f¢¢~
lot multi-family, Silns shall ~ sioile faced. ~th the back side
Ibc sien ~inl utilized ~s ~i: ~ard", Such siRns s~ll
J~a~ed o~mlleJ to th¢ ~di~cem rilh~-of-~v, No jdfitignal fidem
~9~tion ~xes shall ~ ~xed go ~his si~n. exeeot tu~s or
· ~ I
~ ~[~T~mltm Heieht; Six f¢¢~ f6'~ ~s measured from ave~e finish~
~d
~ Color: ~¢ ¢0ov side of ~ Construction Sien shall ~
~¢uefinl may ~ ~nv ¢olor: 20 ~rcent o[the sien face ma,'
~ disglav oflo~s~ which may incl~~
~ ~etbac~: Said silns may ~ placed ~t ~he oro~ line. howtv~.
~o case shall ~uch si~n ~ I~a~¢4 snv clout ~hm fifl~n f~ (I 5'~
the ¢d1¢ of oavement of any adi~cent oubli¢
No.
Words ~ are deleted, words v0d~rlin~ are added. All maps and illust~t~ ns ue n~ed.
,uss MAY 2 1
............................... ~ ........ I ....... IIIII ......................................... III II III II Ill ............. ~'
· ~'0,$ T4I
Illustration 4
Illuitratlon 5
~.2,2.10.2.1.2.$,
~,2.26.10.2.1,2.6,
Incidental Information And Directional Shm~: ~ maximum of foul' (4]
i~(;idenTa] r:on-commerci$1 information or directional sien$ may b,,
eTeeted on re$iden6al orovc';lies and shall not r¢ci~:ire a buildinR vermit.
£xamole$ of such $ien$ include name or in$ienia ola~ues identif~'ine, thc
home or homeov,-ncr. "No Tr~soassimz" $iims, "Beware of Do~' siens.
,od other similac woes of informational si~zns.
E).. ?,t~imum Si:e: 12 inches in hci~zht bv 1 S inches in lenzth.
b)
],[a'rim,m Heteht: Thrr¢ feet as measured from average finished
ground elevation, or. if am~:hed to a s~ll or fence, not to cxc~d
the maximum hole. hr of said w~ll or fence.
Words e~mle4hee~ m'~ deleted, words yndeflin~ ~r~ added. All maps
Pa~,e 36
Subdivision/Project Sirra: _At cach entrance to a s~x'cific sulxlivision.
ll.¢~ghborhood, or multi-family oroiect. W,'o eround or wall entrance or
gate sisms may b¢ located at c~ch entr~ :e to thc oroiect. Such sima$
AG£NqA~TEM
No.
MAY 2 1 1997
~.2.26.|0.~.1.2.7,
tha)l ~:omain onh' the nam~ 9[ ~h¢ subdivision, n<;i~.hborho<;x), or oroi~
in which i~ is located, ~Ubi~cl t~ ~hc [9ll0win~;
ttfc~rin~tm Si:~. ~c grgund or ~al) ~i~ns. in ~gmbinati~n, sh~U
~q~ ~¢¢¢d ~ maximum tiz¢ 9F 64 square teCl, with nQ jndividuaJ
~n exceedjn~ 32 square
~[~imum height ond width.L~e height of ~ ~r0und 9r wall
)hail not exceed the height or width of lh~ wall or lat~
~quirgd ~tbackz~~tain m ~ f~l
fr~m any vro~nv line. Silns vlaced on a fence or x,-all sh~
~dher¢ to ~h¢ avvlicabl¢ restriction s¢~ forth in S~tion 2.6,1 I.
Conditignol U~e~ II'ithi~ Residential ~istric~
~ ~p~rovcd ~onditional Uses ~Sthin rcsidcnlial zoned dislric~s
~incd on~ wall or ~round ~ien. not ~o cxc¢¢~ 32 ~uar¢
~9mgf 19~) ~¢ ~ittcd 2 xx~ll sians. Bulletin ~ards
ide~fific)fion s~gns no~ ~xceedin~ 1~ ~uare [~e~ ~re ~iued
public, gh~able edvcadon~ ~r rdi~ious insfi~ufigns. Said
)hall noI ~
~i~ns in .N0n-~esidentia) pi)~ricts (includel ?. CF, RTl;
[(tat Estate $i?,srsee lllustrati~)n t~ Oe/0~'m),' A~ defined in Aniqle 6
this c~c. one eround or wall "For Sale". "For R~nt", 9r similar ~ien.
~issible. for each lot havin~ strcc~ frontaec, an~ shall not r~quirc
~uildini ~i~. subicct to the cgnditions noted ~]ew. Real Estate Siens
~hall pot ~ illumin3tcd in any m~cr,
~a) ¢~ta~c signs may mention only gh¢ name, addr~s and ~cl¢~honc
~um~r oF any tx, o of thc followini entities: the ~'
[)~t¢ broker, inv~s~ent company or business fi~ lic~ lo ~11 real
~s~t¢ in thc Sale. or the name and address of I~ ~l~n. or
~stat¢ slen~. ~¢ word "~ndine" or "~ld" may ~ a~h~ to t~ fac,
~h¢ )iin xxi~hin ~e 12" x 18" ~iin face, u~dl C)OSi~
~ ~{axffmttm Si:e: Four ~ f~t. Silns may ~ d~blc f~
provided each face comalns the ~e conger. S~h siens
x~v. No additional fide~ or info~a6on ~xes s~l
~Color~; ~ii¢ backiround. L¢~efine may ~
~¢n~ of the si~n face may include the disvlav
[pcludc muhivle colo~
~] ,Sl~n Slt~rt; Suv~s shall nol ~xc~ ~
~11 suv~s shall ~ ~ite or black.
d) b[a~imum Heieht: T]'u'ee feet as measurg'd from aver~ee finished
W~s ~ ~ ~l~ed, w~s ~ ~ sdd~. All m~ ~nd ill~s ~~
/ MAY 2 1
¢)
Setbacks: S,id sic/ns may ~ ~laccd a~ thc proocnv line. ho~,r.'o', in
no case shall such sil/n Ix Iocat~ any closer lhan fifl~-n feet (15') to
the cde¢ of oavemcnt of any odiaccrtt oublic strttt,
7.2.26.10.2,2.2
~onstr,ction $ig.n$ ~'$ee ]llultratjon 7 be/ow). A single con~struc~icm si~
may ~ crcc~cd on any ~n-~i~tial ~v f~ ~hich a ~i~i~
~il ~ ~n ~t~. No ~ildin~ ~i~ s~ll ~ ~ui~ f~ ~
con~io~ sion. ~vcr. ~id si~n ~hall ~ ~u~lv con~ ~
crcc~cd. Coov on a cons~cfion 5ien shall ~ limi~ lo t~ ~c ~
l~lCo~ num~ of lh~ O~vclo~. ~hit~t~l. ola~inu a~
engining ~. contnc~or an~or su~on~ctoffs~ on ~ ~ ~
con~ction, and the name of 1he i~ivid~l(s) for x~ ~
dwclling~addhion is ~ine const~lcd, Cons~ion siens s~ll ~t ~
~l!vmi~[ed in any ma~cr and s~ll ~ I~a~ed in t ~ front yard ~[~1
l0 ~bc adiaccm fi~h~f-~v ~u~uanl ~o ~hc ~ck ~tfictions
comaincd in Div. 2.5 oF ~his c~c. Const~cfions signs s~ll ~ rcmov~
at ~9ch time as a ccnificalc or.curacy is eran~ci
~[~z~im,m Si:e: Thirty-two s~uar~ fret. Si~,ns shall Ix sin~l¢ faced.
whh thc back sidc of Ibc si~,n bcinlz utilized as a ~gC"rmit board".
Such siens shall IX located oarallcl to Ibc adiacem ril~h~-of-,.vav. No
additional riders or information boxc~ shall be affix~ lo ~his sin's.
cxcc~ tuixs or box~ designed to hold construction olans.
b) 3/~z~im~m H¢feht: Six £cc! as measured from average finished
ground elevation.
Color: Thc coov side of& construction siizn shall Ix white. Ltucrinlt
m~v Ix any color. 20 oercrnt of th~ sien face may include thc
display orlo~o(s) w~ich may includc muhiol¢ colors.
Setback&' Said siens may Ix olaccd at the orooo~' line. howcvo', in
no case shall such siin ~ I~at~ any clo~ t~ fiR~ f~ (15'1 to
~hc cd~c ofoavcmcm of~v adiac~t public ~
Words ~;'.::~ :~::ugF. ~ ~leted, Words underlined Ir~ ~cided. All maps ~ ill~
Page 31
05/06Z97
No. ~
MAY 2 1 1997' ¢
Illustration 7
2.2,26.10.2.2.3
2.2.26.10.2.2.3.1.,
2.2.26.10.2.2.).2.
On. Premises permanent Signs: ~)j~pl'¢~i~ vcrmammt siens a~
encouraged to ~ dc~iened, const~ctcd and l~a~ i~ ~uch a fashio~
so as to ~ imeerattd ~h, and no~ dct~ct frgm, thc cxistL~
development ~ancm in thc ncieh~rho~.
UniSed Sign Plan: An aovlication fgr ~ite dcvclgpmqm or sitg
imorovcmcnt plan as ~rovided for in ~ection 33 of ~hi~ ¢~e. for
cgm~ercial or mixed u~¢ proiect~. ~hall ~ accompanied by unifieO
~iena~e olan a, require0 bv dirt,ion 2.8. or,his c~¢.
Permitted ~'~es 0fsi~ns and ~pecific devd0pmenl standards by sitn
~'pe~:
II3//, 3[on~ord, ~anpm' or Awning Signs: A $in~le wall.
~an~ard. canopy or 0~mlne ~ign is ~ilteO for each ~inel¢
occuoancv oa~.~r for cach ¢,tablishmcnl in a multiolc
9ccuPanCV oarcel. Comer buildings or comer uni~ ~xS~hiq a
~ui!din~ may have one sign on cach fronla~¢ ~all 9f the unit or
buildina not to exceed lwo ~i~n~.
1.,_ Iq9 wall. mansard, canoov or a~'nin~, sign shall cxc~d
9f the ~idth of thc unitfs) 9ccupied by a business ~ith a
minimum of 10% clear area on each outer edge of the
Wall si.ns for a multi-tenant building shall ix located at ·
uniform hcieht on thc buikling facade, for ~c lov ~ ~u~
9[ thc sign. except that anchor ten,ts may x~- fr~ this
rcauiremenl of unifo~ size and hdehl.
Wall. mansard, canoov or awning signs may not ~ceed 15%
of thc total sauarc footalzc of 0lc visual f~l¢ of thc
building, in thc case of static-usc buildints: or thc unit. in
thc case of multi-usc ~ildines. to which thc si~n will be
a~chcd. A wall sitn shall not cxcc~l 1.50 souarc feet in ~v
case,
b)
from the building ~ail to ,*hich
Words ~ a~ {h:k'~, words underlined are ~d. All ~ ~ i
05/O6/97
Proiectinr signs. Pmie~ting signs may be sub~imted for wall or
m~ siens ~d~:
MAY 2 1
2. ?roicctin~ signs shall nol exceed 20 ~uarc feet 9f dil;plaY
3. ?roi¢cdn~ signs shall n9t extend a~vc thc r~flinc of th~
~jn~ 1o ~shich il is ~ttachcd: and
4~ Pro~ctin~ s~ns which may oroiec~ Over anY ~dcst~an ~v
~hall ~ dcvatcd to a minimum hci~hl of eight (8~ fcct a~vc
saJ~ ~dcs~an ~Y,
Ground Sil~n$:
I. ~c height of any i~round sil~n shall not exceed lx~icc
~ddth. and the ~idth shall not cxc~cd twice thc height.
Ground signs shall not exceed eight fcc~ ($'1 as measured
from the fini~hecl re'adc of thc lot on ~ich
to t~ too or ~¢ si~ face. Archit~u~l ~a~mcms consi~l
,,:i~h buildin~ ~hit~u~ on si~e. s~h as ~s. columns.
~u~l~. ~nd o~r s~h ~rca~mcms shall
h~i.h~ of hvclvc (121
Pole $i~n~:
L
Pole signs shall vrovidc a ~lc cover, thc width of which
shall be I minimum of r~-cntv (20) ~CT~:c'nt of ~bc si~n
slruc~"~ taxi cx~crdin~ from ~hc bonorn of thc sien s-a'u~urc
LO the i~round, comr)lc~clv covcrine ~hc sur, vonin~ volci's);
A minimum r~x) f~t rcrim¢~¢r Dlandne arta shall :n-ovide'd
ggund the ba~¢ of any r, olc ~ien. consi~c'n! with
vrovisions of division 2.5. of this code. The t~,'o
~rimczo' shall be mcmr~ from thc ovcr~ll ~id~h 9t'sicn:
Pole si,ns shall no~ ,:xceed fi,~n fcc~ (15'1 in h¢ieh~ as
measured from thc finished erac~: of~hc lo~ on which thc sizn
is
~;I Directory Siena:
L Thc m~.ximum size of ~v sinel¢ directory siltn shall
cxcc~l one hundred sauavc feet.
Coov sh~ll include Ih¢ sboooine ccmcr or buildine name taxi
~ number ~ may include thc n~r'net'sl of 2 or mor~
l?CrSOns or l:msin.:sscs sss~ciatcd with. or c.-.x-nts cor,x:luc~cd
~on. c,' _m-oducts or services offctx'd u~c,, ~e m'~mises umn
which thc sien is Ioc~tecL
Undcr. Conoov Si~,n.~:
addition to mnv other sitn oermittcd bv this code. one
s.4xler-c~opv Si~ is r, couir~d for emch business in a multi-
occuce4~c¥ l~uildin.:
2. Under-canoOv siens shall nol c;
establishment in a shoooin~ con
Words ~ ~'~ tickled, words t.9..4~,~ ~r~ Mded. All m~ps nnd
Pa~¢ 40
0S.~6/97
or
MAY g I 1997
· F'~. I~C~ |
3. ~o buildin~ c~rrnit is r¢ouir¢~ to erect an u~der-canopv
(unless there is ~n clec~ri~el
~~~ns shall ~dh~rc t9 th~ ~gmmgn ~i~na~
~hem¢ for ~he
~leano~v silns shall ~ install¢~ ~ minimum
~.2.26.|0.2.2.3,~,
General Do'eloDmel~t ~tandard~;
~ns and any suv~rtini structure shall bc const~c~cd of
~weh ~iscd ~[ ~n~ved Ic~L ~onc. mc~aL
~r dgr~blc ooaouc .1~i¢, PI~¥~ is no~ ~issiblc
~shed si.n face
llluminotign desien qnd method;~
~ ~ighfin~ shj~d in ~uch a fo~hion *0
~sion wi~h traffic comrgl O~vic~s· and n91
~irgctlv onlo adioinin~ oro~nics or oublic
~ Signs shall ~ illuminated in [he follo~fg~ maxem: {xtc~l
~tures for liihtin~ shall ~ desiened aM ~sition~
~2ighl soilB over lh~ cdles of th{si~n face: i~
~g-lil siens ~h011 ~ designed xHth ~n omque ~ign face.
~[gwinl only ~hc siin co~v Io ~ illuminal~
frontaee provisions ~:t fo~h in
Words ~ ~ deleted, words-underlined .r~ ~kled. All map~ ami ilh
3[inimltm pg~tage r¢o.irfmenf~
~;jnlzl¢ or muhiol¢ tenant buildings loc~tf:ql on a parcel hax'in~
~ than 125 linear feel 9f street frontaae arc ~iucd
~jnile around sian ~r mind. a maximum of 20 munro
qoev is limited to buildin~ refemnc¢ came and
num~
~n~le or muhiek lenanl buildinis l~ated 9~ a ~arcel havinl
g[linear feet or ~mat~ of s~r~,~ fmntate ,re ~miu~
~i~=le tmuM or role sion ~r ~amel. * mximm of
~uam feet of sitn fac~ area, Cow s~ll imlude buildi~
r~femnce name sad street numar ~d may ~lude
~um of five l~n~t nam{~
~}ho~ini c~nten tnd other mulfiqen~t buildings havi~
250 line~ feet or creater of sl~l fmn~te on ~ sintle st~
9r 3~ ~ombin~ linear feet of st~t fmnmte for lots
f~gt~le on mo~ lh~ one ~ublic st~t ~ ~mia~ ~ sintle
~to~ si~n" ~ st~t fmntale, f~l to cxc~ 2 s~h
~tnsl. ~c combin~ size ~miacd for a di~on' si~
m~imum combined size s~ll no~ cxc~ I~ m~ f~
~crc a sitc development or site im~t 01~ ~
~o~mvcd for multiple ~m~ics. a~e to ~ minimum
~tion )~.~. ~.[~]
2 1 1ffi7
2.2.26.10.2.2.3.1.2.
2.2.26.19.2,2,4
~.2.26.10.2.2.4.1,
2.2.~6.10.L2.4.2,
i,
2.
~.2.~6.10,2,2.$.
2.2,26.11,1
:,hah ~ de~¢rmincd ba.~e~t 9n the aeereeate
c~nti~uous v~r~ets which are van of the ~he ~mvro,'emcnt
~ development pla~,
Building permit RequestS: Requests l'or buildinst r~r'mits for pcrmanen3
~n-premi~e ~ign~ ~hall adh~;rq ~9 th~ unified ,~i~na~e vlan, whick~
kcp~ op ~lc i~_the cgmmunity Oevclopmcnl
division. Rcvi~ign~ ~9 a0 apvroved unified sion Dian ~halJ inclu~
provbions for telrofi~in~
~'onconforming. Si£n.t
t~¢al estate siens, model hgm¢ liens and construction ~ien~,
siens shall confo~ m ~he vmvisions of this overlay bY Dcccm~r
~e and consl~ctions signs tpprovcd after ~hc da~e of
~4omion ofthit shall adhere to [h~ ~rovisions o~this C~c
~f ~domion of this
~ll ofltfr 5ign~ Ex[sli~ s[~s which were qonstm¢[¢d ~fi~h ~ aporov~d
~~it under ~he orovisions of Division ~.5. of
predecessor ordinance, which d~ not ~onfo~ to the vrovifions
~qction 2.2.26.10 shah ~ considered legal Oon~onfo~n~ signs a~
shall ~ trc~tcd as follows;
All signs made of oa~¢r, cloth, or other no~du~blc
~ved w~thin ~him' days of the date of adoption of Ibis overlay,
All legal noqconfg~[n~ on-premi~ ~anent ~]Cn~ shall
confo~ to thc orovisions of this Code in coniuncdon ~i~h the issuan¢~
9f a buHdiV~ v¢~i~ for s~ciur~l nllc~ion~ ~0 an cxisdn~ si~n.
[c~ardlcss of thc ex,tm or value of such st~c~u~l ahc~tion, exccvt th~
all Ic~al non-confo~ine on-vrcmiscs ~ancn~ signs shall
9F ~adc Io ¢9mvlv with thc vrovisions of ~his overlay ~d~hin
of~hc da~c 9[~gvtion of this overlay,
All mhcr nonconfo~inz siens shall adhere ~o ~hc v~visions of.~cti~n
2.5.9, oFthis
Prohibited Siens: All .rohibi~cd signs listed in S~tion 233, and si~
~'hich do no~ con/o~ to ~hc vrovisions ~t forth herein shall
~onsidcrcd vmhibi~cd si~n~
g.ldclzd P~r~nz bt Rcc~tien V~hicl.. ~
~ulations is to maintain t~ a~cc ~ amliw of ~i~i~
nci~h~rh~s lo ~ucc condition. ~vcnt ov~wdine
~kin~ of ~c~. to ~inmin ~c fmc flow bi ~ir cu~nts, and
~c~ro~nv val~s a~ ~nili~ of t~
dedicabitim ~ ~s~ficfions ~ f~ in ~s ~ion
~pplv ~o all ~ d~izm~ ~id~d~ ~ ~ F~ L~ U~ Element
of ~h~ ~o Island M~t~ PI~ ~cl~ine my ~ in ~ Mamo
Shores PUDGY. includin~ t~ K~ M~ ~lov~t ~A~ Ho~'s
I~1~. c~ H~o ~UD. ~a Hid~v ~h PUD. ~ ~tfictio~
~ppIv in nil residential zoninz di~fi~, imlMin. ~ RT distfi~.
~ ~v msid~tial com~ncnt of ~ PUD. c~c~l ~ PU~ cxcl~
~vc.
Words ~4.--.::~ :krcu;~ uc deleted, words undcrlinc~ ~ added. All maps and i
Page 42
R¢creationa! ~ No r¢~reafior~al eta~ioment shaB ~
~~ for r~sidcntial o~ nor on oubli~
v~hkles may ~ oarked anywhere on residential lots for m
~p~ conOifign~ arc
~~dcn~ for, ~fi~ not cxcccdin~ ~
~or ck~in~ ofior Io or ~ncr a ~rio. ~c ~it f~
~~ shall ~ affixed ~o I~ vehicle in
fgns~kuous olacc. Ho mo~ th~ I~ con~cu~
~6 m~xlmum of four ~its
~an~cd in ~nv sind¢ c~lcnd~r
~iIed ~o. trailers, buses or mo~or homes. ~'hen usc~
~~visito~ ~o vi~i~ friends or mcm~
~thc visitors family m~v ~ parkc4 u~n ~hc oremi~
~fi~ not cxcccdini ICh d,~'~. No slcc~in~ or livi~
~o more ~han ~wo con~cufivc ~its shall ~ issu~
~c maximum num~ of ~its allowed for any
~ { r ' r I
[¢sidentiallv zoned districts, c~ceot ~'hen parked or stored
boat trailer may bc oarkcd on the owner's premises in
9.Lg.O..LL~l~ran' basis not ~o cxcc~ ci~ht houri for ~
~f loadine an~or clcanlne and unlondine ~or Io or
~s may ~ stored on premiss zoned for ~idential use only
~n o~ of ~c follo~na
1, Bo~ts may ~ stood in the confines of ~ encee or
Boats tony ~ ~nh~ at ~.o~vcd d~ks..ic~ or
9f m~fine ~i~. sl~doffs or bY n simil~
~l~clu~/~cvic¢ o~ ~vieablc ~e~ls:
Boats mmv ~ slo~ ~ da~da- li~. clo~om ~ simil~
~cvic~s sdia¢~t ~o ~mablc
Boa~s mmv ~ slo~ on c~dl~ consi~inm ors
of ha. or ~ ~-- .id c~lc ,s
at
Words e~ are deleted, words Vn~k~lintd ar~ ~dded. All maps pale 43
~. ckvaI~r 9r ~imilar do'kc
~O.t~j~ble w~lcrw~¥
lot aml motel orkine ~rovi~ionx._~O~ m9~C15 ~r~ COnsidcr~
· · ' v '
par~ed on Ibc ~r~mi~s of such f~gilh~cs. ~
~, ~kss o~h~ise ~iued bv ~his
- ~rovisions of ~is secdo~ sh~ll nog ~lv
. ~ r I x t~ n _~ . e · . ~v
. . ~ . a
~ x~'hik the ~ns ~ans~d thereby ~re oq~ndini or
v
~ipics, schools, ~va~ du~. zolf coqFses. ~filifies. ho~ds and
gn~ park5 ~Fga69~a~ ~reas. if ~ch v~hicle~ afc u~d Or 9~ted by
~chicl~ ca~gt ~ 9~cd for residential 9qgu~ancv,
2.2~6.~2. ~finid0n~. Fgr thc ~u~ses of~hi~ ~verb', the following
2.2.26.12.1. Mixed-use. Within thc Marco Island Zoning Overlay the te~ "mixed-
use" me~s ~th commercial and residential muhi-family uses, whether
located within thc same building or located in sepa~te buildings ~dthin
a s~ngle project.
ection 2.2.27. tare oa 29 rcial Qverlav 1Dil~trict: Sp~:cial condi~igns fo~
t_hhe prooeFtje~ Mbutt' ' 'Ii e kal e
Master ¥1an~ referenced QP ~h~ map below~ and fu~her identified
bY ~h~ d;~i~nation ~9COD' on the applkable o~ial Collicr
~oun~' Zonlne Atlas mare,
~ ta' ' I .... a ' ~v '
}{D'* the needs of the irav~li¢~ oublic. ~sc commemial u~s ~
[ocaled on a maior arterial or collector roadx~v. Th~ ~rovisions
~stfic~ ~e intended ~o ~rovi~e an incma~d commercial deo~h alonl SR
g9 wi~_staMards tha~ ~511 ~nsum c~rdinated ace--s
a¢oroofia~c l~d~a~int ,nd buffefinl com~atibl¢ x~Slh
~27,2, dpvlic~i~in': ~e~ mlulalions aoolv 1o the Commemial Dis~ficl
}R-29 as idemifi~ on the Immokalee Furor{ L,nd U~
Words ~ arc deleted, wo~s ~ m'~ ~kled. All malts ~ il
pale 44
o~?
AGEN .I~,,~EM
Ho. .. ,/"%
aslratio~s art ,s~.~... -
MAY 2 1 1997
¢ OMIdI[RC=~AL O V~EKI./~Y
2.2.27.3.
SR 29 COM~IERCIAL OVERLAY DISTRICT (SR29COD'I
De~'elot~ment Criteria: The foilowinsz standards shall avvlv Io all uses in
this overlay distric$,
Words e4~ ire deleted, words underlined ~'~ ~ed. All romps ~d
Page 45
AGEND~A/[T£M
No.
Ilus~'~ti<ms ~
MAY 2 1 1997
I-II
· ~7.% c t . ~' .
4
~v~th ~h~ c~i~in~ road· ~o~ ~r~ ~ha~ d~ ~ ~ this
re~uir~menl shall orovide ~ccess off ~xislin~ ~iac~t ro~dx~vs, if
~iblc. and should no~ access to SR-2%
fron~aic may ~ition thc ~ard of zonini ~o~ls f~ a x~cc from
~h¢ standard in this district ~ ~11 ~t ~ cont~ so t~ oublic
~-hcn owin, to s~ial conditio~ ~uli~ ~o t~ ~v.
~mcnt of thc~ s~n~ards weul~ ~sult in un~' ~
~.~.~.3.2. ~hared oarkin, an~n~cmcnts ~tw~n ad~oinin, dcvcloom~ts shall
~Dcou~i~.
~.~.27.3.3. Dcccl~ation ~d acccle~tion l~ncs shall ~ om~dc~
2.2.2?.3.4. pedestrian ln~c shall ~ cncou~ied by omvidin, sidcx~Iks.
location of these sidewalks shall ~ c~rdinatcd ~i~h adiacen~ ,roiec~
1.2.27.3.5. Buildines shall ~ sc~ back from 5R-29 ~ minimum of ~wcntv-fivc
~ from ~c rear Io~ line a minimum of fifty ~501
~.2.27.3.6. Projects shall orovidc a ica fl0/ f~ Tv~ A l~ndsca~ buffer
~c~d in Section 2.4 ~twccn vchicul~ ~,ht~f-xx~v wi~h reauircd
~i~walks ~d a~i~cent residential dcv~loomcnt. Adiacent comme~id
~gjccts shall orovidc c~rdinatcd landsca~ ola~
~ 2 ~7 3 7 An ~rc~ ¢auai ~o a minimum of 2.5% of ~hc to~al interior vehicular
o~a ~hall be landsca~d ~o vrovidc visual relief,
~,2.2~.3.8 Buildinis shall have ~ maximum hci~h~ of ~wen~v-fivc ~25~ cxcl~ina
lea (10~ fc~ for under buildin~
2.2.27.3,9 Ccn~l wa~cr and sewer facililics shall ~ availoblc orlor to
of
SEC. 2,2.2~. Jeffe~on Avenue Commercial ~'erlav Districl: s~cial
for ihe oro.e~ies abutiin~ Jeffenon ~venue as identified on
Immokalee Area M~sl~r Plan: ~fe~nc~ on the mao below:
[9~her identified bY the doi~alion "JACOD" on lhe ~oDli~bl~
9~cial Collier Count' Zonin. Arias
~.2.28A, P~tr~se and l~nt; ~e ou~ of this dcsi~ion is 1o ~roddc for
~'e thc n~ds of ~ tanlinl .ublic. ~ ~m~ial ~
I~at~ on a ~ior ~al or coll~tor ~d~av. ~ ~x~sions of
alone Jeff~n Avm~ ~ d~cloom~t ~s ~t ~11
c~i~t~ access ~ a~a~c l~a.ine a~ buff~ne
19m~tiblc ~th nearby ~id~tial ~i~
L2.28,2, ~.Wicabtlim: ~ ~ulati~ aDolv lO ~ C~I ~ alone
ICffc~n Avcnuc ~ idcn~ifi~ on t~ Im~l~ Fulu~ L~ U~ M~.
lgg7
Words ;:;'..::~ :~r:--';~ ~'~ deleted, words _underlined ~ added. All maps and
P~e 46
JEFFERSON AVENUE
CO.ll.XIERCIAL OVERLAY DISTRICT
,i
..IEFFER$ON AVENUE CO,XI,~IERCIAL OVERLAY DISTRICT eJACODI
2.2.25.3. ~)eYelovment Criterio: The followine s~andards shall aoolv to all uses in
Ibis overlay district.
2,2.28,3.1 Access ~oims for future commercial develop)merit shall be limited to a
maximum of one ¢ I ~ ~r 150 feet of frontaee.
Words ~ are deleted, words 9ederlined ire added. All maps
Par,¢ 4'7
o~.~x,,~7
Owners of hots or combination of lots havini less Than thc 150 foot of
r~quired froma~zc may oelifion the board of zonimz aoceals for a x"ariancc
frgm ~h¢ standaxd in this district as will nol be contrary lo ~hc t)ublic
jn~erest ,,vhcn owins~ ~o soecial conditions oeculiar to the orooer~v, a
1 ~,,ra] enforcement of ~hese standards xv~uld rtsull in unnec~;arv ar~!
undue haxdshio, ^G£NC~.TIrM
NO.
us.'r~tioe$ ~ ~
A ~¢n (10'~ fool Tvoe A lan~sca~ buffer as identified in Section 2.4. of
thJ[ code shall be ~rovided on Jefferson ^venue for all commercial
prgvil;ions for ~hared ~arkin~ arrangements ~ilh adioining
~ev¢lo~)mentl; shall be. en¢oural~e<t,
.Commercial buildings shall be scl
rpinimum of fifty (50) feet,
back from ,Icffcr~n Avenue a
(;c, mmercial buildings shall have a maximum h¢il~ht of twentv-fi%'e (2~J
f~t excludin~ ten (10~ feet for under buildin~ oarking~
2.2.25.3,6. (~¢qtral water ~nd sewer facilities shall be available ~)rior to dcveloomen~
9f protects.
Division 2.4., Landscaping and Buffeting, of Ordin~ce 91-102, ~ ~ended, the
Collier Count)' Land Development C~e, is hereby ~ended to read ~ follo~3:
DI~S1ON 2.4 L.~NDSCAPING AND BUFFE~NG
Sec. 2.4.1, Title and citation.
~is division shah ~ ~o~ and may ~ ched ~ the "Collier County
L~dscaping
Sec. 2.4.2. Purpose ~nd intent.
The purpose and intent of the landscape code is to:_
a) promote the health, safety, ~d welfaxe of residents of Collier
CounD' by establishing minimum uniform standards for the
installation and maintenance of landscaping:
b) improve the aesthetic appea~nce of commercial, induswial, ~
residential developments th. rough 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 a~! glare;
e) screen and buffer the harsher visual ~pects of urban
development;
0 improve environmental qualily by reducing ~nd reversing ~ir,
noise, heat, ~:1 chemical pollution throvsh the preservation of
c~opy trees and the creation of shade and microclimatc;
g) reduce heat g~in in or on buildings or paved ~reas through fl~e
filtering capacity of trees and vegetation; ~d
h) promote w~ter conservation by encouraging the use of n~ti~ o. and
drought-tolerant vegetation ~nd properly zoned irrigation ~ys~oa
through xeriscape.
Sec. 2.4.3. Procedures.
Words ~ are deleted, words ~dcrlined ~e added. All maps ~ad illustr
Page 4g
lions ~_
MAY g i 1997
2.4.3.1.
2.4.3.2.
2.4.3.3.
shall be maintained in a natural stale
Words ~ arc deleted, worcL~ ~derlined ~-t added, All ma~ an
landscape plan required. Prior to the issuance of any preliminary
subdivision plat, final site development plan, or building permit, an
applicant whose development is covered by the requirements of this
s¢ctlon 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.
The landscape plan shall be drawn to a suitable scale, include
dimensions, north arrow, date, titlc, project owner's name, delineate thc
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 the pl:m to differentiate
from the applicant's provided landscaping that is in addition to that
required by this code. Design creativity is encouraged so long as it
meets the in~ent of this code. The plan shall show the location of
permanent vegetation protection devices, such as barricades, curbing,
and tree wells. Thc plan shall also include a chart indicating graphic
plant symbol, botanical and common name, quantity, height, spread,
spacing, native status, drought tolerance rating (as defined by "Xcriscape
Plan Guide Il" published by South Florida Water Management District,
\Vest Palm Beach, FL) and type of mulch. Thc plan shall show tree and
palm staking details per accepted industry practices and standards. In
addition, a tabulation of the code-required landscaping indicating thc
calculations necessary to insure compli;,~ce witi~ this code shall also
appear. A certificate of occupancy sha:t not be issued unti! approval of
landscaping plan and i.t.s installation of plants and materials consistent
xxith that approved plan has been ~:ompleted and inspected by the
County.
Irrigation plan req,ired. Prior to the issuance of an)' s~Mivision plat
or final site development plan, an applicant whose development is
subject to the requirements of this section shall submit a separate
irrigation plan to the planning services director. The plan shall be
prepared by persons qualified to pre~.rc irrigation plans, such as an
irrigation desigr, er or landscape axchit,:ct
The irrigation plan shall be drawn at the same scale as the landscape
plan to: show existing vegetation to remain; delineate exi~ing and
proposed buildings and other site improvements, parking spaces, aisles,
and drivcx~ays; indicate main, valve, anti 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 axe proposed, their layout
shall be shox~.
Irrigation systems shall be designed lo 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 communltie$. Existing plant communities and ecosystcm~
id shal~agi~l~llff~~ to b,
MAY 2, 1..
05/06/97
2.4.3.4.
2.4.3.5.
Words ~'~'~'~ ~'~
irrigated. Native plant areas that are supplements to an existing plant
community or newly installed by the applicant shall be irritated on a
temporary basis only during the period of establishment from a
temporal' irrigation syster., water truck, or by hand watering with a
hose.
Cultivated landscapes. Cultivaled landscape areas shall be provided
with an automatic irrigation system to improve the survivability of the
required landscaping. Sprinkler heads irrigating lawns or other high
water demand areas shall be zoned separately from those irrigating trees,
shrubbery, ground cover, flowers, or other reduced water requirement
areas. Automatically controlled irrigation systems shall be operated by
an irrigation controller that is capable of watering "high water'
requirement areas at different frequencies and duration than 'lox',' water'
requirement areas. Landscaping shall be watered on an as-needed basis
only.
Irrigation systems shall be designed for thc zoning of high and Iow water
use areas. Heads shall be designed for 100 percent head-to-head
coverage unless specified by thc manufacturer. These requirements may
be adjusted for retention areas. Thc irrigation system shall be designed
and installed in accordance with thc 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 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 water 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 by the use of an automatic irrigation system with controller set
to apply water in a manner consistent with this division. Moisttue
detection devices shall b~ installed in all automatic sprinkler systems to
override the sprinkler activation mechanism during periods of increased
rainfall. 9,q~ere 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.
Installation. Prior to the issuance of any certificate of occupancy for a
use 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. All plant materials must be ir~talled in accordance with
accepted landscape practices in ,,he a.rea and meet the plant material
standards contained in Section 2.4.4. Plant materials shall be installed in
soil conditions that ate conducive to the proper growth of the plant
material. Limerock located within planting areas shall be removed and
replaced with native or growing quality soil before planting. A plant's
growth habit shall be cortsidered in advance of conflicts which might
arise (i.e. views, signage, overhead power lines, lighting, circulation,
etc.). Trees shall not be placed where they interfere with site drainage,
subsurface utilities, or overhead utility lin ,, or
lustr~ti~
deleted, words itn~tirg~l art a<k~ed. All maps and
Page 50
MAY 2 1 1997
PK. ~
2.4.3.6.
2.4.3.7.
frequent pruning in order to avoid interferences with overhead power
lines. Trees shall not be planted in areas that retain excessive quantities
of water or will require excessive amounts of fill placed over the root
sys'..cm thal will affect the health of the tree species. Required
landscaping shall not be piaced within easements without ~TiUen
approval from all entities claiming an interest under said easement.
All required landscaping shall be installed in accordance v,'ith plans
approved under section[s] 2.4.3.1 and 2.4.3.2. Landscaping within a
subdivision development shall be guaranteed by a subdivision
completion bond in accordance 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 approved building and site plans. Code
Enforcement may investigate deficiencies in approved landscaping and
institute corrective action to insure compliance vAth this code.
In instances where an act of GOd or conditions outside the control of the
applicant have prevented immediate installation, the planning sen'ices
director, if furnished with a statement which includes good and
sufficient evidence that states that the required plantings will be installed
~hcn conditions permit, ma)' issue a temporat3' certificate of occupancy.
If the required plantings are not installed when conditions permit, then
the count)' may revoke the certificate of occupanc)'.
Pruning. Vegetation required by this code shall only be pruned to
promote healthy, uniform, natural growth of the vegetation except where
necessar).' to promote health, safety, and welfare and shall be in
accordance with "Pr',:nir:.g Standards (.ge4sed40gg-) Pl~(;ficel; for Trees.
St,rubs ~nd Other Woodv Plant Maintenance ANSI A300 (12.'17/93)" of
the National Arborist Association. Trees shall not be severely pruned in
order to permanently maintain grov,'~h at a reduced height or spread.
Severely pruned trees shall be replaced by owner. A plant's growth
habit shall be considered in advance of conflicts which might arise (i.e.
views, sign,age, overhead pov,'er 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
health)))' plant in a condition representative of'he species. Tree and Palm
staking shall be removed between 6 and 12 months after installation. All
landscapes shall be kept free of refuse, debris, disease, pests, and v,'eeds
and shall be fertilized and irrigated to maintain plants in a health)'
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 v, ill inspect areas affected
by this code and issue citations for violations. If the required corrective
action is not taken v,'ithin the time allowed, the county may use any
available means of enforcement lo secure compliance. These shall
include, but not be limited to the following:
I, Prosecution before the Collier County Code Enforcement Board;
deleted, win*ds und~4in~ ar~ added. Alt ma~ and il
Prosecution b)' thc Stale Altome)"s Office as provided by Florida
Statutes;
\Vith~olding oF an)' permil, conslruction plan approval,
certificate of occupancy, or inspection by the count)';
Placing a Hen on the property, to include all administrad'.e, legal,
material and installation costs.
Sec. 2.4.4. Plant material standards and installation standards.
2.4.4.1. Q,ality. Plant materials used to meet the rtquiremcnts of this section
shall meet the stan&~rds for Florida No. I or ~u~, u m ou~ in G~es
~d S~n~s for N~ Pl~ts, ~ I ~d ~ II, ~en~ of
Agdcultu~l, Sure of Florida (~ ~cndcd). R~t ~11 sizes on
~spl~ed pl~ malcfials s~ll al~ m~ s~te s~d~.
Al least 75 ~cm of thc t~es ~ 50 ~rccnt of ~ s~bs u~d
~lfill thc~ requir~ents s~ll ~ native Sou~em Floddi~ s~ci~
dcte~ined by acccpled valid ~icntific ~fcrcncc. For site ~t ~ north
and c~t of U.S. Highx~ay 41, at Ic~l 3S ~cnt of ~ s~bs u~d
Fulfill ~e~ requircmenu s~ll ~ ~tive Floddi~ s~i~, ~ dcle~ined
by accepted v~lid ~icntific ~fc~c; 'Native T~ ~ S~bs for
Collier Co~' L~" is available for ~fe~c. For pro~ land
development projects on co.mi shorelines ancot ~develo~d
d~'elo~d c~l ~er isl~ds mil r~uired land.aping s~ll ~
~mcn~ udvc ~u~m Flodd~ s~i~.
in addition, for all sites, mt Icas~ 75 ~cnt of~c t~cs ~d s~bs u~d
lo Fulfill these rcquircmcnu s~ll ~ drought-loiter s~cies ~ listed in
the Xed~a~ PI~ Guide ~ Native Tr~s ~4 T~ for South Florida
(IFAS). Refere~e lo ~ u~ in lhe ~dvc dcle~i~tion may incl~e,
but not ~ flailed to:
Long. R.\V.. a~l O. Lak¢la, 1976. A Flora of Tropical Florida.
Small, J.K., 1933. A Manual of the Southeastern Flora.
Wundcrlin, R. P., 1982. Guide to the Vascular Plants of Central Florida.
Wher~ xeric plants are to be utilized, use the South Florida Water
Ma~gcmem District, Xeriscape Plant Guide (as amended) ms a
reference.
2.4.4.2.
Trees and Palms. All required new individual trees, shall be species
having an average mature spread or croton of greater than 20 feet in the
Collier CounD' area and h~ving trunk(s) ~hich can be main~ned in ·
clean condition over five feet of cleax ~ood. Trees adjacent Io
w~lkvnsys, bike paths ~d r.o.w.'s sl~ll be maintained in a cle~n
condition over 8' of cle~' wood. Trees having ~n average matu~t sprtad
or crown less than 20 feet may be substitmed by grouping th~ same so as
to create the equivaJent of 20--foot crown spread. For code-required
trees, at lesst 50 percent of the trees at the time of inspiration shall be a
minimum of ten 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
~ano~v trees, at the time of in_~allation, shall be at k-asr eight feet in
height, have a 1 1/2.inch c·liper (at 12 inches above the ground) ~xl
,,:.,-,..c-foot sp~,a. ^Get, o^
de.ed, words vr~K'~lin~ m~ sddcd. All ~ and hrs4rl~k~I~re 4m~ded'''i~-~
RAY 2 1 1997
J .g. _
2.4.4.3.
2.4.4.4.
2.4.4.5.
2.4.4.6.
2.4.4.7.
A grouping of three (3) palm trees will be thc equivalent of one (I)
canoov tree. Exceptions ,,,,'ill be made for Roystonca spp. and Phoenix
spp. (not including roebelenii) which shall count one (1) palm for one
(I) tree. Palms ma)' be substituted for up to 30% of required ~'anoDv
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.
Trtt 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 trees 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
II -20 2
21 -30 3
31 -40 4
41+ 5
Sbt,tbs and hectge$. Sba'ubs shall be a minimum of 24 inches in height
above the adjacent pavement surface required to be buffered and'or
screened xxhen measured at time of planting, gro,.vn in a th,re.-gallon
container, and be spaced 18 to 36 inches on center. The.,,' shall be at
least 36 inches in height within 12 months of time of planting and shall
be maintainc:l 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 ,,,,'here Pedestrian access is provided.
Hedges. where required, shall be planted in double staggered rov,'s and
maintained so as to form a continuous, unbroken, solid visual screen
within a minimum of one )'ear after time of planting. Where buffering
and/or screening i~ required, shrubs shall be planted and maintained at a
height as specified in section 2.4.7.4 of this code, except xvhere street
visibility is required. Double s~agger~d rows of hedges shall be required
only in type D buffers.
Gro,nd covers. Ground cover shall be installed in a manner xxhich
presents a finished appearance and complete coverage. Stone, gravel, or
any artificial ground cover shall not be utilized for mort: than 20 percent
of the landscaped area. Use of native ground covers is encouraged.
Organic mulch requirements. A U.,x)-inch minimum layer after
watering-in of orianic mulch shall be placed and maintained around ali
newly installed trees, shrubs, and ~mna~d co,,~ plantings. Each Ieee
shall have a ring of org~ic mulch no less than 12 incbes b~.-ond its
trunk in all directions. No more than 25 percent by volume of the mulch
used on a site ma)' be ~..'gress mulch.
Words
Lawn grass. Grassed atoms sh~ll be planted with species normally
grown in permanent lawns common to the Coiliex County az~a. C. mssed
deleted. ~.o,,'ds underlined ~r~ added. All maps aund ill ,~tralioe:~ll~
MAY g 1 l! 7
I-I'
2.4.4.8.
2.4.4.8.1.
2.4.4.8.2.
2.4.4.83.
2.4.4.g.4.
2.4.4.9.
2.4.4.9.1.
2.4.4.9.2
~.4,4,9.~,
2,44,9,4,
.1.4.4.10.
1.4.4.10.1
2.4.4.10.2
2.4.4.11.
2.4.4.11.1.
2.4.4.11.1.
2.4.4.11B.
1.4.4.11.4.
2.4.4.11.5.
2.4.4.11.6.
2.4.4.11.7.
shall b~ used in sv,'alcs or other ,,reas subject to erosion and provided
further, in areas where other than solid sod or grass sc~d is used,
nursegrass seed shall be sown for immediate ground coverage until
ixrmanent coverage is achieved. The use of drought-tolerant Sl:~cics is
advised.
$ite.s~o¢cific I~lant material. Trees and other vegetation shall be plamed
in soil and climatic conditions which arc appropri,,te for their growth
habits. The planning services director shall review md approve land
plans based on thc following criteria. Recluired plants used in
landscape design shall be:
Appropriate to thc conditions in which they ar~ to be planted (including
dmusht, ~ah and cold tolerance).
Have nonlnvasive gmv.'th habits.
Encourage Iow maintenance.
Bc other,.,.isc consistent with the intent of this division.
Non code trees. The following plant species may be planted but shall
not count towards r~uired code tr~es:
Eucalyptus spp. (eucalyptus).
Grevillca robmta (silk oak).
Oucrrus laurifolia (Laurel
Buci~ buceri~ fBlack Olive)
Control species. The following plant species si,all not be planted within
500 feet of cons,~m'ation easements and r~tained natural 'vegetation ar~as:
Broussonetia papyfifcra (paper mulberry).
Wedelia trilohata - (~ved¢lia).
?rohibttedspecies. The following plant species shall not ix planted:
Entemloblum c?clocarpum (ear tr~).
Melia ,,zedarach (Chin~ixrry u'~).
Bischofi, javanica (bishopwood).
Scaevola fmtescens (Australian inkixrry).
Dalbergia si<soo (Indian rosewood).
S,,pium s~biferum (Chine~ ~llow tree).
Ardisia elliptic-, (,~hoe burton ardisia).
This list shall be subject to revision ~s
determined to ix noxious, inv~sivc, cause e
Words ~ ~r~ ~ek~t,x[ words und~lincd ~'e ~klcd. All rna~ m~d ill
i~1~ 54
exotic plant species are
vlmnmt.nta] dctra~tioo to
MAY 21 1997
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.?.
2.4.4.12.9.
2.4.4.12.10.
native habitats, or to be detrimental to human hcahh, 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 tcrebinthifolius (Brazilian pepper).
An)' member of the family Casuarinac*eae (Australian pine).
Rhodomyrms tomentosus (downy rosem)mle).
Dioscorea bulbifera (air potato)
Colubrina a~iatica (lather leaf)
Lygodium spp. (climbing rcm)
Sy~.'gium cumini (Java plum).
Mimosa pigra (catclaw mimosa).
2.4.4.12.11.
Acacia auriculiformis (earleafacacia).
2.4.4.12.12.
Albizia lebb¢ck (\\'omen's tongue).
2.1.1.:2.13.
2.4.4.13.
Existing plant material. In meeting the requirements of landscaping, lhe
planning services director may permit the use of health)' 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 may not permit the
reduction of required percentages of a landscaped area or reduction in
numbers 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 rmtive vegetation to the
maximum extent possible. Existing native vegetation shall be retained
unless storm~ter management design, necessary gr~e changes,
required infrastructure or approved construction fooq:nints necessitate its
removal. The need to remove existing vegetation shall be demonstrated
by the applicant as a part of the site/construction plan review process.
Areas of retained vegetation shall be ptesewed in their entirety ,with all
trees, understory, and ground covers left intact md undisturbed provided
that prohibited exotic pl~t m~teri~ls as defined herein are to be
removed.
During constructio& all re~sonabl¢ steps necessary to [ne-,'ent the
destruction or damaging of existing vegetation shall be taken. No excess
soil, additional fill, equipment, liquids, or construction debris shall be
Wo~ds ~ are deleted, words isnderlined I~ ~lded. All m~n m~t ill~s~'-~k:ms ue ~
placed within the d6pline o£ an)' vegetation that is required to be
preserved, or that x~ill be credited to,yards the required landscaping.
2.4.4.14,
Prolectiv¢ barriers shall bc installed and maintained beyond the drlpline
o£ all rttained vegetation unless site improvements prohibit installation
of banters beyond the driplin¢, and shall remain in place for the duration
of thc construction process phase.
Tree preservation credits. Existing trees may be credited tox~ards
meeting the minimum tree planting requirements according to the
formula in table 2.4.4. Fractional measurements shall be attributed to
thc next lowest category,
TABLE 2.4.4. CALCULATION OF TREE PRESERVATION CREDITS
Ex isting Crown Diameter of Tm itt
Sptesd of 4.5 Fete Above
Preserved Trees or' Natural Grade
Number of
Tree Credits
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.
26 inches o¢ lreatet 3
20 to 25 inches 2
13 to 19 inches 2
to 12 inches - I '
to 7 inche~ - 1 '
I/'2 Io2 inches I*
'Crcdiled against equi,,alent required tr~ o~ly.
Words ~,e4+4awe~ m'e dekled, words underlined are added. All maps
Paf, e 56
05/g6~7
Trees excluded from presern~ation credit. No credit shall be given for
pres~r,'ed trees which:
Arc not located xxithin thc areas of the properly for ,,,,hich trees are
required by the code;
Arc located in required natural preservation areas indicated on an
approved master land usc plan, sile development plan or plat;
Arc required to be preserved by federal, state or local law, 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 section 2.4.4.8;
Art dead, dying, diseased, or infested with harmfid insecU;
Are located in recreation tracts, golf courses or simil~ suban:as ~xithin
planned developments which art not intended Io be developed for
residential, commercial or industrial usc (unless abuning said use, and
the required buffer vddth is dedicated on the plat as a landscape buffer
easement); or
Are not located within the boundaries of the parcel.
Safe Mght distance triangles at intersection and accez$ points. (Refer to
Figure 1, Sight Distance Triangles), Whc~ ~n acmy intersects ·
right-of-~asy or when · property abuts thc intersection of t~x} or more
rights-of-way, a minimum safe sight dislnnce triangtd~r nrea sksll be
cstablished. Within this ·rea, vegetation shall
t illustrstk~s
MAY 2 1 1997
Words
in a ,*'ay that provides unobstructed visibility at a level between 30
inches and eight f¢cx above the cro`*'n o£ the adjacent roadway.
Landscaping shall be located in accordance `*'ith the roadside recov¢O'
area provisions of thc Slate of Florida Department of Transponafion's
Manual of Unifo~' Minimum S~and-,rds for Design, Const~cfion, and
Maimenancc of Strecls and Highways (DOT Green B~k) where
approp~ale.
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 triangle shall ex;.end ten feet each ,,,,'ny
from the point of intersection from the edge of pavement and the right-
of-way line. The third side of the triangle shall be a line connecting the
ends of thc other two sides.
~Vherc a properly abuts thc intcrsection o/' two rights-of-,,''~ay, a safe
distance triangle shall be created. Two sides of the triangle sh~ll extend
25 feet along the abutting right-of-way lines, measured from the point of
intersection. The third side of the triangle shall be ~, line cormccting the
ends of the other two sides.
Page 57
AGENDA ITEM
No. ~
MAY
2.4.4.17.
Sig~age located ,HIhin/adjacent lo Landscape Btt~er Area. All trees
and shrubs located within landscape buffer :hall Fnay be located so as
not to block view of signage as shown in Figure 2, $[gnage Adjacent to
Landscape Buffer. \\'here specimen trees exist, thc signage s~tback
location may be administratively reduced per thc requircmenls of
Division 2.5. Code required plantings shall progress in height away from
street.
FIGURE 2: SIGNACE ADJACENT TO LANDSCAPE BUFFER
2.4.4.18.
Landscape berms. All perimeter landscape berrns over two feet in
height shall meet or exceed the minimum standards as set forth herein.
All grassed berms shall have side slopes no greater than four to one.
Bcrms planted with ground cover and landscaping shall have side slopes
no greater than t~ee to one. The toe of the slope shall be set back a
minimum of five feet from thc edge of all right-of-way and proper~y
lines.
Berms located adjacent to the 1-75 right-of-way may be reduced to a
maximum slope of2:l. Berms located adjacent to the !-75 right-of-way
shall be planted with native ground cover over an erosion control fabric,
and native trees placed at twenty-five feet on center, equal in height to
the height of the berm and located within a minimum ten foot wide level
planting area.
Existing native vegetation shall be incorporatc'd into thc berms with all
slopes fully stabilized with u-ecs, shrubs, and ground cover. Landscape
berms shall not be placed within easements v, ithout w~t~cn approval
from all entities claiming an inter~s~ under said easement.
Sec. 2.4.5.
Minimum landscaplni; r~quir~d for vehicular use ar~as.
Words s~~. are deleted, wo~ds ~nd~lin~l at~ added. All maps
Pale 5I
0.~,~97
AG£NDA.[TF~M
MAY 2 1 1997
2.4.5.1
dpplicability. The 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 I~riod
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, e~l mobile home dwelling
units, and dwellings on individually platted lots. Any appeal from an
administrative 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 vehicular 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 ever)' 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. The amount
of required interior landscape area provided shall be shox~n on all
preliminar?' 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 v, idth and at least 100 square feet in area. These
tree requirements shall be met with existing native trees x~henever such
trees are located within the parking area and may be feasibly
incorporated into the landscaping. Where existing trees are retained in a
landscape island the amount of I:~rking spaces in that row may be
increased to 15. A parking stall be no farther than 50 feet from a tree.
measured to the tree trunk, Interior landscaping areas shall serve to
divide and break up the expanse of pax4ng at swa~egic points and to
provide adequate shading oft, he paved area. Perimeter landscaping shall
not be credited toward interior landscaping.
Interior landscaping ate~ shall be provid~ within the interior of all
vehicular use areas. Landscaped areas, wall structures, and walks shall
require protection from vehicular cncroacl'unent through appropriate
wheel stops or curbs or other structures.
Words ~,~eg4~,~ sre deleted, words ~n4¢rline~ m'e n~. All ma~ ~nd il
Pate 59
05~7
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 ,.hat
achieve equivalent results subject to appro, al by the plarming services
director. ~oG. £~
~gr~t~s ~te ~klect.
I IAY 2 1 1997
2.4.5.3.
2.4.5.4.
Sec. 2.4.6,
2.4.6,1.
;tehictdar 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 ,,'chicle wheel stops or curbing.
Two feet of such landscaped area or walkway may Ix: part of the
required depth of each abutting pa'king spaces. Walkv,'ays shall Ix a
minimum of five fcct in width ifa vehicle is to overhang thc ;valkway.
Green space required in shopping centers and freestanding retail
establishments with afl oar area greater than 20,000 sq,are feet. An
area that is at least seven percent of thc size of thc vehicular usc areas
shall be developed as green space within the front yard(s) or courtyards
o~' shopping centers and retail establishments and shall Ix in addition to
the building lxrimeter planting area requirements. The courtyards shall
only be located in areas that an: likely to Ix used by pedestrians visiting
the shopping center and retail establishment. The seven i~rcent 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 lo 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 ma)' only include the
following: lawns, mulch, decorative plantings, nonprohibited exotic
trees, walkways Mthin the interior of the 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: walkways within the interior of
the green space area not used for shopping, a minimum of one foot of
park bench per 1,000 ~uare feet of building area, and a minimum of one
tree for each 250 square feet of green space area. 'D'~e green space area
shall use existing trees ,,','here possible and landscaping credits ,.,.'ill Ix
allowed as governed by table '2.4.4. The green space areas shall Ix
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 the building envelope along paths.
walkways and within arcades or malls.
Minimum Landscaping requirements.
Landscaping for all nc,,,.' development, including single-family, two-family,
multifamily and mobile home dwelling units, shall include, at a minimum, the
number of trees set forth Ixlow. Areas dedicated as preserves and conservation
areas shall not be counted lO 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. Tree~ ah,all meet the
requirements of section 2.4.4.2. Existing residential development that does not
meet the minimum landscaping requirements of this code shall be required to
install the required landscaping before · certificate of occupancy is granted for
any improvement,t to the property.
Residential developments. One canopy tree per 3,000 square feet of lot
area, or two canopy trt~ per lot, whichever is greater, xsSth the
maximum number required: 15 trees per lot.
2.4.6.2. Mu/tifarntly developments.
pervious site area. :glrs-is4n
Words ~ ar~ deleted, words lL~inrd ate tKIded, All maps and illu
05/06,'9?
One canopy Izcc per 2,000 square f,zct of
MAY 1 1997
2.4.6.3.
/nd. stria! and commerclM developments. One canopy tree per 3,000
square feet of pervious site area, or one canopy tree per lot, ,~ hiche,,'er is
greater.
2.4.6.4.
Littoral zone 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.
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 ,,re a minimum of
5' ~Sde. Water management areas shall 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
buffeting and screening is to:
a) reduce the potential incompatibility of adjacent land uses;
b) conserve natural resources and maintain open space;
c) protect established residential neighborhoods, and enhance
community identity;
d)
e)
g)
h)
i)
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;
promote preservation and planting of native plants and plant
communities;
provide physical and psychological benefits to per~ons through
landscaping by reducing noise and glare;
screen and buffer the hanher visual aspects of urban
development;
improve environmental quality by reducing and reversing ,,ir,
noise, heat, and chemical pollution through the presen'ation 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 consen'ation by encouraging the use of native and
drought4olenmt vegetation and properly zoned irrigation
systems through xeriscape.
Words s4~"ue~,-g~ee~l~ art deleted, words underlined ~ ndded. All rungs md i
0~;/0~97
In order to minimize negative effects between adjacent land uses. this
division promotes thc use of landsc,~pe buffers and greens to eliminate
or minimize potential nuisances such ~z dirt, liner, noise, lights,
unsightly buildings and structures, and off-street 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 adj..--chi Im'~d uses.
whereas ~reenlng refers to fences, walls, ben'n.x, tree~ sN,'ul:~ or a
combination of these ~reening devices on the buffer ~a,~rlp.
No.
~rs~ions ~'~
MAY ! ]ggT'
2.4.?.2.
,4pplicabiliO,.. The buttering and screening shown in table 2.4 shall be
required under this section and shall apply 1o 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
v,-ben: the vehicular use are· is altered or expanded except for restriping
of lots/drives, the building square footage is changed, or there has been ·
discontinuance of use for a period of 90 consecutive days or more and a
request for an occupational license to resume business is made.
Where a property adjacent to the proposed use is: (1) undeveloped, (2)
undeveloped but permiued 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 install the more opaque buffer as provided for in table 2.4.
Where properly adjacent to the proposed use has provided the more
opaque butter as provided for in table 2.4, the proposed use shall install
a ~.yp,: A buffer.
Where the incorporation of existing native vegetation in landscape
buffers is delermined as being equivalent to or in excess of the intent of
this code, the planning ser,'iccs director may waive tl~ planting
requirements of this section.
Buffering and landscaping between similar residential land uses ma)' be
incorporated into ,'se yards of individual lots or Iracts without thc
mandatory creation of separate tracts. If buffering and landscaping is to
be located on a lot, it shall be shov,-n 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), preliminary subdivision
plat (PSP), or sile development plan (SDP) review, with the installation
of the buffering and screening required pursuant to section 2.4.3.S.
\\"here a more intensive land use is developed contiguous to a propelny
within a similar zoning district, the planning scv,'iccs director may
require buffering and screening the same as for the higher intensity uses
betv,'ecn 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 screening standards v,'h:n such alternative standards have be~n
determined by usc of professionally acceptable to be equivalent to or in
excess of the intent of'his code.
Standards. Unless other, vise noted, all standards outlined in section
2.4.4 shall apply. Trees and shrubs shall be installed at the height
specified in sex:eton 2.4.4.2.
Water management systems, which shall include retention and detention
areas, swales, and subsurface ins~llations, shall be permitted within a
required buffer provided they ar~ consistent with accepted engineering
and landscaping practice and the following criteria:
Words s::-,;:k :~r:::g~ arc deleted, wo~da undtrllf,n'd ar~ ~Med. All maps and
Pale 62
05/06/97
AGENDA IT~N
MAY 2 1 1997
Water management systems shall not exceed $0 percent of the
~uarc footage of any required side, rear, or front yard I~'zl~ape
buffer.
2.4.7.4.
\Vater management systems shz:l not exceed, at any location
within the required side, rear, or fror, t yard land,ape buffer, 70
percent of the required buffer width. A minimum :5 foot wide
10:l level planting area shall be maintained b-here trees and
hedges are required.
Exceptions to these standards may be granted on a ca~e-by-ca~
basis, evaluated on the following criteria:
Water management systems, in the form o£ dry retention,
may utilize an area greater than :50 percent of the buffer
when existing native vegetation is reuined at natural
grade.
For lots of record 10,000 ~uare feet or less in .~he, water
management are~ may utilize an area greater than 50
percent of the required side and rear yard buffer~. A level
planting area of at le~t three feet in width shall be
prodded in the~e buffen.
Sidewalks and other imper~4ous m-ea~ shall not occupy an}' part
of a required Ahernative A, B, C, or D type buffer except when:
Driveways and sidewalks are conslructed pcrpe-ndicular
to the buffer and provide direct access to the parcel.
Parallel meandering sidewalks required by this code
occupy the buffer and its width is increa'.~d by the
equivalent sidewalk b'idth.
A required 15-20 foot wide buffer is reduced to a
minimum of 10 feet wide and is increa~d by the :5-I0
foot equivalent width elsev,'here along that buffer.
Types ofb,ffers. Within a required buffer strip, the follov, ing alternative
shall be used b~ed on the ma'fix in table 2.4.
Aherr~adve A: Ten-foot-wide l~'~t~ape buffer v. ith trees spaced no
more th.,u~ 30 feet on center.
Ahemative B: Fifteen-foot-wide, 80 percent op~ue biO'fin one year
laad.,.cape buffer six feet in height, which may include a ~.all, fence,
hedge, berm or combirmion thereof, including tree~ :paced no ,~x re than
25 feet on center. When planting a hedge, it shall be a minimum of 10
g~lion plants 5 feet in height, 3 feet in spread and ~ a minimum 4
feet on center at planting.
Alternative C: Twent2..'-foot-wlde, opaque within one year, tand.~:ape
buffer vdth a six-foot v,~ll, fence, kedge, oq berm, or combinaxio~
thereof ~nd two s~aggcrt'd rows of trt'~s spaced no more than 30 fcc', on
center.
Alternative D: A landscape buffer shall
right-of-wayr-eXterr, al to the develoi:
~:kk~cd~ ~o~'d~ und~rlJltcd ar~ n~kled. All mn~ a
buff'er shall be consistcn! ~th the ~o~sions of the Collier County
Str¢¢tsca~ Master Plan. which is incomor~tcd bY ~f~c ~in. ~
minimum ~dth of ~ ~Hmct~ la~a~ ~ff~ ~11 ~ ~cording
to th~ ultimate ~dth of thc abutting dght~f-~y. ~'~ ~ ulti~tc
x~dth of the dght~f-way is zero to ~ f~L the conceding l~d~a~
buffer shall mcasu~ at least ten f~t in ~Sd~. ~m ~ uhi~tc width
of ~¢ right.f-way is 1~ or more f~L ~ co~ing l~a~
buffer s~ll m~u~ at I~t I 5 f~ in ~id~ ~'cl~m of I 5 ~
or more ~d dcvclo~u ~in ~ ~iHty c~t~ ~1 ~ a
~dmeter I~d~a~ buff~ of at }~ 20 f~ in ~4d~ ~1~ of t~
~idth of ~c dght~5~y. Acd~5ty cmt~ d~t~f-~y
requi~ments sMll not ~ a~lic~lc lo ~ays int~l lo t~
developmenL
Trees shall he spaced an average of 30 feet on center in thc 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 rtquircd in
the I~dscape buffer ~here vehicular areas are adjacent lo thc road right-
of-~ay, pursuant to section 2.4.4.3.
The remaining m-ca of thc landscape buffer shall consist ot e.~isting
native vegetation, grass, ground cover, or other landscape trcatmcm.
~.:.: .... r ,~.:..A~. Every effort should be made to rc~in
incorporate the existin~ native ','egct~.tion in thc-s~ art-as.
TABLE 2.4 TABLE OF BUFFER REQUIREMENTS BY
LAND USE CLASSIFICATIONS
Adjacent Proper'tics Digrlcl
Subjec~ Propcrl,~'s
Dis~TiCt~q..Ise 1 2 3 4 5 6 7 I 9 10 II 12 13
h A~rlcuhure(A'} - B B B B B A A A A D A
2. Residential (E, RSF)
sinile-family A A B B B B B C B " D B
3. Residential (RMF-6,
ILMF-I2. RMF-16) mul-
tif~ily
4. Residential tourist (RI')
A B A B A B B B B " D B-
A B A A B B A B B * D B -
.5. Village residential (VR)
6. Mobile home (MH)
7. Commercial~ (C-I, C- h'T,
C-2, C-3, C4, C-$);
Business Park (BP)
L Industrial~
9. Public u~ (P), commu-
unity, facility (CF),
Club,~se,
Amenity Ccnler
10. Plumed unit develop-
ment (PUD)
Words .:,=:k :~::u;~ ~'¢ dclett~ words unckrlin¢~ i~r~ ~ldcd, ~ll ~s a~d i:lu:
A A B BA B B B B ' D B*
A B B B BA B B B * D B B
A BBB B B A A A * D B B
AC BBB B AA~ A * D B B
A B B B B B A A A * D B -
MAY I
I I.V~:ulatright~.-ef-w'a)' D D D D D D D D D D - B
12. Golfco~a'~ma~en~ce B B B B B B B B B B A
I~ildinl
13. Golf co~rsc ........... B -
The met Ihaed ,nd~ "Ad, cern Pmpa'tics Dbsa~' shall be I~ bncls, czp~ b~ft'ct and
sctcenlnI ahcrn~K e
'BufferinI ~ alrku:t~ (A) d~ ~fl ~ ~lkab~ ~ ~ I~c of site
=lnd~tr~l
requind
side ~d
addit~. ~ may ~ ~ Io ~ f~ ~ c~ a~l ~ ~ s~e ~im~
buff~ ~ly.
x~h~ular rights~f-~ ay
~Buffcr
Collier Co,n~' Streetsca~ Master Plan:
~91[icr Na~l~a~ ~'s
ibc d~ht of way
shall ~dhc~
D~rCcl~a~ Master Ham
Division 2.6. Supplemental District Regulations of Ordinance 91-102, as amended, thc Collier
Count)' Land Development Code, is hereby amended to read as follov, s:
DIVISION 2.6. SUPPLEMENTAL DISTRICT REGULATIONS
i
2.6.7.
2.6.7.5.
Parking and Stora%e of certain vehicles.
Words :.::',.::.': D.::.:,gk ar~ dcl~, winds ~ m'~ a6ck-d. All maps and ill
P~lc 6~
0~/06/97
Words ~ L"e deleted, words underlinccl ire Id4ed. All maps Ired illustrations
I
P'," ~
Sec. 2.6.21.
2.6.21.1.
2.6.21.2.
2.6.21.2.1.
Individual or multiple private docks, including mooring pilings, d~vits,
li~, and the like are permitted to ~n-ve the residents ora development
on canal or water¥.'ay lots, provided the.',' do not
protrude more than the respective distances specified in sections
2.6.21.2 and 2.6.2.'..4 for such canal or waterway. Docks and the
like arc prirnarilv intended to adcauatclv ~curc moored vcs~cls and
provide :;afc access by users for routine maintenance and
~e while minimally imoactin~ Ihe navigability of thc watcr,,xav.
the native marine habilat, manatees, and the use and view oftl~e
xv~'rwpv ~v surroundin~ orooertv oxy'net3. Permitted
facility protrusions ~a well a~ extension of dock facilities are
measured from the property line, bulkhead line, shoreline, seawall,
rip-rap line, or Mean High Water line, whichever is more restrictive.
On unbridled barrier iflands a boat dock shall be considered
~rmitted orincioal u~e: however. ~ dock shall not. in any way.
~;onstitute a use or structure which oermit$, requires, and/or
provides for any accessory uses and or s~ructures. ~
...... ~,.. cf Fr:,:',:,:::.~, bBoa~h~u~rs and dock facilitie~ propo~d
on residentially zoned properties ~ defined in section 2.1.14 of thi~
code. shall be conside~d an Kce-~orv use 9f la.ructure. Boathouses
shall be required to ~e aooroved throu~,h the orocedure
in Section 2.6.21.3. ~ 2.6.21.4.::r-;!&w:-~ · :;.;'~:~;:',;!
-'~" ..... ~ ....... -vt.~.--'~ ~"~a ',-~.: ~::.-2 e.r :==.'~,%' :z.:=_-7.':;='::_-~.
Dock Facility Rect,irement$ and Restrictions: The £ollowin__.g
criteria a~olv to dock £acilitie$ and boathouses.
For lots on · canal or waterway that is I00 ~,~c~, :: ;?~,~r in ~xttl~ no
boathou., iLoc_lLfacility/boat combination th.ill p~a?~ 20 --
Page &7 / MAY 2 1 1997'
feet into the waterway (i.e. the total protrusion of the dock £acility plus
thc total protrusion of iht moored vessel).
2.6.21.2.2.
2.6.21.2.3.
2.6.21.2.4.
2.6.21.2.5.
For lots on a canal or walerway thai is less than IiX) feet in width, ~l~.k.
facilities may extend/protrude not greater than five feet into .,aid canal or
~vate~'ay. N9 dock exlension shall bc eranled lo allow a dock
f~ilitv/boat combination io oroirudc more than 20 feet into thc
wal¢m'~v and/or cause less than a minimum of 50 ~-n;cnt of the vlaued
canal width between dock slructures/moored vcsscl(s'} on the oooositc
side of the canal lo be unobstructed; whichever is mom r~trictive~
For lots on a canal or wale~-ay that is less than 70 feet in width,
the ql~lq facility extension procedure identified in section 2.6.21.3 is not
available (i.e., such lots are limited to a five.foot ~ facility).
All dock facilities on lots with water frontage of 60 feet or
greater shall have a side se:back requirement of I S feet, except ts
l~rovided in Sections 2.6.21.2 or 2.6.21.4. or as exempted below.
All dock facilities fex¢¢¢t boalhouscsl on lots vHth less than 60 feet
of water frontage shall have a side setback requirement of 7 % feet.
All dock facilities (¢xqem boathou~s) on Io~s at the end or side end
ora canal or waterway shall have a side setback requirement of 7 ~
feet as metsured 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 thc comer of an end lot and side
end lot into thc canal or waterway bisecting equidistantly the angle
created by thc iwo intersecting lots.
(Eec exhibit A.)
All dock facilities, regardless of length/protrusion, shall have reflectors
and house numbers four inches minimum size installed at
the outermost end, on both sides. For muhifamily developments.
the house number requirement is waived.
2.6.21.2.6.
All dock facilities are subject to, and shall comply x~ith, all federal and
state requirements and permits, including but [not] limited to the
requirements ~d permits of the Florida Department
of En,,4mnmcntal Protection, the U.S. Army Corps of Englneers, and the
U.S. Em,4roru'nental Protection Agency.
2.6.21.2.7.
Protection of seagraJ$ bed& Wh~ ncw F.c. alF~;.°.~'~, s..~. .... -..-..-.-,ua'~ ~
d~k f~ilities ~ pm~ or ~t d~k ~xt~io~ ~ l~ation ~d
pr~e of ~g~s or ~g~ ~s ~in 2~ f~l of ~)' pm~d
d~k f~ili~ ~ s~ll ~ idmfifi~ on ~ a~
~ng a ~ale ofo~ i~h to 2~ f~ ~ available from ~e co,w, or
a ~e ofo~ i~h m 4~ f~ w~ ~h p~tog~ ~ ~t a~ilable
from ~ comW. ~ 1~ of~ ~ ~1 ~ ~fi~ ~ a site
xSsit by ~ site d~lo~t ~i~ divot or his d~i~ ~or to
i~e of~y pmj~t a~ or
located ~md aligned to s~y at least ten feet from any existing
beds, except whcm a continuous bed of s~agras~s, exists offthe shor~ of
the property and adjacent lo the property, sad to mini~r~...8~_q~
Words ~ sr~ deleted, words un4crlin, cd ~ nclded. All maps as. xt illuslratio~s
2.6.21.2.7.2
2.6.2}.2.7.3
impacts to scagrasses and other native shoreline, emergent and
submerged vcgetatlon ~nd hard bottom communiti¢-.L
Where a continuous bed of seagr-~sscs exists offth¢ shore of thc
property and adjacent to fl~e properly thc applicant shall Ix allotted .,--,,- ~
build a dock across the seairasscs, ~ l ~-~-..,.::h:"--..:, P..:: ...........
facility within ten feel ofsetgrasses. Such b,~t.".:'.~'~, ,%:: ~,',.c]:-"~,~'
dock facilities .~hall comply with thc 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 of the dock shall not exceed 160 square feet.
3. The access doc~', shall not exceed a width of four feet.
4. The access dock and terminal platform shall be sited to impact the
smallest &rea of seagrasses possible.
The petitioner shall be recluir~d to demonstrzte how negative impacts to
seagrasses &nd other native shoreline vegetation and hard bottom
communities have been minimized prior to any project approval or
permit issuance
Dock Facilirr E. xren$ion; Boatl~oltse £stabli;hm¢~
~riterio,
Additional length/protrusion beyond said respective distances specified
in sections 2.6.21.2.1 and 2.6.21.2.2. fQr dock facilities: and
~gathous¢$. regardless of the extent of the larotrusion into the xvate~v-~v
~[ the width of the watcr',x]¥, ~ shall require public
notice and a hearing by the Collier County Plarming Commission. As to
any boat dock/boat house facility extension petition upon xYhich the
planning commission takes action, pursuant to section 5.2.11 of this
code, an aggrieved petitioner or adversely affected property oxx-ner may
appeal such final =ction to the Board of Zoning Appeals.. The Board of
Zoning Appeals may affirm, affirm with conditions, reverse or reverse
xx~th conditions the action of the Plarming Commission. Such appeal
shall be filed with the Community Development and Environmental
Semites 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 oft,his code. The Plarmine Commission shall ~ its
~$¢cision for at~rox'al, at~roval with conditions, or denial, on the
2.6.21.3. I. ~l~-,,: I.':-4 :~.~.::c.' "" ...... e,.x _r ,u. --.~-:-~- *~-- '~"~'
~ax~iablc c~al or ~t~
l{~ctu~dm~ ~lCs3 on ~c o~ite side oft~ c~l is
~n~ in oM~ to ~s~ ~blc ~t~v ~ for
2.6.21.3.2.
~roc<rtv or w~¢r,x~v which iustifv the pro~o~ed dimensions and
location of thc ~ubiect dock,
2,6.2[.3.3.
',','~ethcr 9r not the proooscd dock ii; Of' minimal ~irncnsions
necessary in order tO adcqg;]telv ~eCurc the moored ','es~d ',vhih;
pr9vidin~ reasonable access to thc "~at for routin¢ maintenance,
~ithout thc usc of excessive deck area,
2.6.21.3.4.
2.6.21.3.5.
2.6.21.3.6.
a~jac:~,:
\',"bother or not thc orooosed structure is of minimal dimensions to
minimize the impact of the view of the waterway ~v surroundin~
proart,.' owners,
,"Eh,,: ~Z;=n=: ',.?.
\\'hcthcr or not the mo~rcd vessel is in excess of tiff',' ¢50) Derccrit
of thc Icneth of' thc waterfrot3ta~e such that thc addition of'a dock
st~cturc ,,'ill increase the impact on or ,¢eati','¢lv impact the view
o[' thc watcr',vav '9v ~urr9undinl~ properly ov,"ncrs,
Whether or not the ~rotx)scd location and desil~n of thc dock/vessel
combination is such that it may inffine¢ ut)on the usc of
F,¢]~hborin~ vroocnies, includin~ any cxistine dock s~ructurcs,
2.6.21.3.7.
2.6.21.3.8.
~.6.21.4.
2.6.21.4,1.
2.6.21.4.2.
,rot ha:ur:! '.'.:::;bcdie: on!y: ~,~eardin~ existing benthic organisms in
the vicinity of the pro~sed extension:
(a) ~¢lhcr or not sea~r~sses are located ~q~hin 200 feet of the
prg~sed dock.
lb) ~cther or not ~he ~ro~scd dock is subiect to the man,tee
protecHon requirements oFthis c~e(Sec. 2.6.22).
If deemed neccssa~' based upon review o[' thc above criteria, the
planning commission may impose such conditions upon the approval
an exlension 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), ~,ddifional
reflectors, or reflectors larger than four inches, and prohibiting or
permitting mooting on the outside of the d~k facility.
~oathq~tI¢ flea,irement$: In addition to the criteria in Section
~ 6. Yl. $.. the t'ollowine criteria ~hall avolv to boathott~e~
Minimum side setback reauirernenta i S fec~
Maximum protrusion into
i',laximgm hei~th!;
~50 percent of heiqh!
9f principal structur_e
(pr 1~5 feet, measured from
~op ~f
seawall Pr bank
v, hiehever is more
ie~trictive,
2.6.26.
2.6.26.1.
26.214.~.
2.6.21.4.6,
blax mum 0umber of boathouses ver site; One (1'~
Ail Iz?athguse ,stFucturel; llhall be completely (?pen on al four (4)
F, 0ofin~ material ired ro?fcolor shall b: the ~;ame as materiaB and colort
used on the princival structure or may be ora palm frond "ch cke~"
, .... : ...... ~ ......, t.. ~. .... :-- t~u~ Gr p housinz
.......... , ............... gr:~p ........ ~ ~.., OU
developm~0t ~(andard~,
~energl Requirement~ All group housing structures shall meet the follox~ng
requirements s~cified for each ty~ of slmcture:
I. Site development plan (SDP) approval in confo~ce with division
(Mth the exception ora f~ily care facility).
2. All applicable state and county building and fire code standards.
2.6.26.1.1.
3. Ail applicable sta~e and count)' licensing requirements.
Family carefi,cility. A family care facility shall be treated as a single dwelling
unit for the 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 :o 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.
2.6.26.1.2.
Group care facility (category I and category lO. A group care facility shall be
governed by the development standards identified in the zoning district assigned
to the proven)' and the following standards:
1. Minimum habitable floor area.
Group care hcility (category 1): 1,300 square feet plus 200
squ~e fee~ per live-in person, beginning with the sex-enth live-in
person.
b. Group ~ facility (c~tegory II):
O)
Hon~less shellen: 1,500 squ~re fee~ plus 150 square feet
per live-in person, beginning wit the seventh live-in
(2)
the seventh live-in person.
Words ;::-;:5 :.".r:'~:.?. sre dele.ed, woeds yndertln~,il a~ added. All maps and
Page 7 I
05/06/97
Uses other than thc homeless shelters: 1,500 square feet
plus 200 square feet per live-in person, beginning with
" AGENDA
MAY 1 1997'
2.6.26.2.
Minimum I¢ t area.
a. Group care facility (categor7 I): 6,000 square feet plus 1,500
square feet per live-in person, beginning with the seventh live-in
person.
Group care faciliw (category 11):
(l) Homeless shelters: 6,000 square feet plus 400 square feet
per live-in person, beginning with the seventh live-in
per, on.
(2) 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.
a. A new group cate 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 P, MF-6, PuMF-12, PuMF-16, RT, and
VR zoning districts).
b. A new group care facility shall be required to be located greater
than a radius of 500 feet from an.',' other existing group care
facility (applicable to the A, estates, and RSF 1-6 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 ora road right-of-way.
6. Landscaping requirements. As in division 2.4.
~c. rc ;;.':il. s e-"---e ;::'.~', ,~,~u t. ........'~ b~' '~" a ....t~ ........
idcntiS:~ ~n '" .... :-- -':-'-'-' :::!gr, cd .... ~' ........... -~
Qther care hou$ine faclliti~$c All other care housing environments as defined
itl this code. including but not limited to care units, assisted IMmt unitk
continuin~ care retirement communities, numing homes, and dw¢llimt units that
~1'~; nar~ of an a~zimz in olace livin~ environment shall adhere to the fo!1owina
standards in addition to those established bY thc underl¥imz zoning district.
Maximum floor area ratio. The maximum floor area ratio shall not exceed
factor of 0.45 ( 0.45 times the area of the oro~rtv eauals the ~tross floor areal
2.6.26.2.2. ~ ckc!:crc, u---,~, .~.-, .... ~--" ~-- :u~2
Words ee,~h ~ dc~cd, words 9nderlio:d are added. All mapa and il
Pale 72
05~6/97
MAY 2 1 1997'
2.6.26.2.3.
2.6.26.2.4.
..lgmh,::;=. .~
~I re uir,mentx: [n addition to Ihg tgquirtd
n i~' hal u e ubmilla e u'r~ ~nl lhi c d d s'{l mcnt ~ainin
'n ~ n ~ t u in Un't vldin a a site 'v'n and u i care
~nl m ra hicallv re rc tnt a a~ fth¢ co t~ona a
it v~l ~ t la a ic~ . i~ eravhic r~prg}~ntatigO ~hall
c~mmon area} a3 well a, a tvoical ' t h ~ 't in ud
~imcn~ions ~u~r¢ fvglag, 9f ~{h com~n~ot, Addifigoallv,
~amd~ I~ati hall include a ~tatement of available
w~th "activiti¢ daiv ivin" inctudin ut n t Smite t ambula6
ro~ ~ in a ial aha ~menl m~dicin¢ aha ~ nt and o n.
[~vc Fztk~ng s~ts). ~ximunLH~i¢ht. Th~ maximum h¢iqht ~h3ll ~ the ~m~
a ~h u delvin zo in di tfict ¢xc¢ t as th~v' ¢ m dified throueh
~ndhi~nal Usc proc** for [,3id~nfiallv z0n~d di~rictE
' ' 2J '= '. Parking reouir~d~
lndc~ndent living uni~. One (I) per dw~llin~ uni~
~Bjt*. 0.7~ ~r essi~t~d uni2
· · . . -qu~rtd ~n~sizn 2.!:
Division 2.2, Zoning Administration -nd Procedures. of Ordinance 91-102.
amended, the Collier County Land Development Code, is hereby amended to read as follow.s:
DIVISION 2.?. ZONING AD.MINISTRATION A~qD
[ MAY 2 1
2.7.2.12.
2.7,2.12.1
Sec. 2.7.5.
2.7.5.7.
2.7.5.10.
2.7.5.13.
Limitations on the re'.oning of properO..
No change in the zoning classification of properb' shall bc considered
~hich involves less than for~y thousand (40,000) square feet ora. rea and
r, vo hundred feet (200') of'street frontage except: ~,'herc thc proposal for
rczoning of property involves an extension of an existing or similar
adiacent district boundao't within thc broader land usc classification of
'C" districts. "RSF" districts. "RMF" districts wherein such rezone is
comoatiblc with. or ,rovidcs a~)~)ro~)datc Irznsition from. adjacent
districts of hi~hcr dcnsiw or intensity , c, .... ,. .... ~. ...... :__ :.
7~_:.. ~ ..... ~...,:^. ,--,.4: ..... o.a ~ However, the requirement of
two-hundred feet (200') o£ street frontage shall not apply to nszone
p~titions that provide eighty percent (g0%) or more affordable housing
units.
Variance procedures.
Conditions and Safeguards. In recommending approval of an.,.' variance,
the planing commission make recommend approprialc conditions and
safeguards in conformity with this zoning code including, but not
limited to, reasonable time limits within which tbe action for which
varLanc¢ is required shall be begun or completed, or both. In thc case of
aFter-thc-fact variances. ~he ~lanimz commission may recommend. ~
condition of a~oroval, that in thc case of thc dcstrumion of t~
.encroachine structure, for any reason. Io an exl,~nt ,,~u~J to or
than fifty cn:'rqqFIl (50a/e~ o£lhc actual r~q:~laccment cost o£Ih¢ structu~
thc time of its destruction. ~nv rtconslrucfion shall conform to
~rovisions of this code in cfTccx at thc dmc of rvconstrucfion. Viotafion
of such conditions and safeguards, ~vhcn rna& a part oft, be terms under
',~hich the granting of this variance is granted, shall be dc~rncd ·
violation of this zoning code.
Abtice of board of :oning appeah public hearing. Upon completion of
the public hearing by thc planning commission thc z:nrtition shall be
heard by the board of zonin~ ao~cals, ~ ~ Notice of public being shall
be given at least i 5 days in ~dv~nce of thc public being for thc board
of zoning appeals. The owner of the property for ~hich fl~e v~'i~nce is
sought, or his ·gent or attorney designated by him on his p~ition, shall
be notified by mail. Notice of public be~'ing sh~ll be ~lvc~ised in ·
newspaper of general circulation in ~ county at lc-~s~ one time I 5 chys
pdor to the bearing.
Condition~ and Safeguards. In granting any variance, the board of
zoning ·i:,)x-als may prescribe appropriate condidorm and s~rcgum,-ds in
con£ormky with this zoning code including, bu~ no~ ILmked to,
reasonable time limits ~ithln which thc action for which lbe variance is
~cluir~ci sh~ll be begun or compict~l, or ~ In ~ c~sc of aft~'-the-
fac~ variances, the board may sti~ulatc that in the ca__-.e of desa'ucfon 9f
the encroachin~ s~. for any _r,~ _-~m.. to an ex,eat eaual to or zr,~__!~-
than fil~v wercem (50%) of the a~nual revtacement cos~ of the sm,x-ture
the time of its desmx~ion, any reco~ion shall conform ~o
txovisions of this code in effecl at the time of reconstruction Violation
of such conditions and safeguards, when made · part of the terms under
x~hich the granting of this variance is granted, sKall be deemed ·
,ciolafion of this zoning code.
dekned, words ~rlim,~ att add~. All m~
~ 74
'""-'-~AGEN DA
MAY 2 1 199'/
SUBSECTION 3.C: ^blEND.MENTS TO ARTICLE 3, DEVELOPMEN'I'
REQUIREMENTS
Division 3.2. Subdivisions, of Ordin:~ncc 91-102, as amended, thc Collier Count)' Land
Development Code, is hereby amended to read as follows:
DIVISION 3.2. SUBDIVISIONS
3.2.g.3.22.
3.2.8.3.22.
~_f¢ tieht distance trian~.le$ at intersection and o¢ce$$ t~oints Vs'herc
pCg'Csswav intc~s a fi~hl~f-~v or ~'hcn a om~v ~buts
intc~ction of two or more fighxs-of-wav, a minimum :fc siiht dis~ncc
~6an~ular ~ca shall ~ cs~abtishe~, Any vc~ation ~dthin ~his arc~
shah ~ ,lamed ~d maintained in ~ ~v that ,mvid~ uno~m~
visibility a~ a level ~wccn 30 inches and ei~h~ feet a~vc ~h¢ c~x~ of
the ,~iac~t roadway. Land~in, shall ~ I~aled in accordance
~hc roadside rccovcn' ~ ~rovisions of thc Sta~c of Florida
of Trans~nafion's M~nual of Unifo~ Minimum Stand,ds for ~ien.
Construction. and M~in~enancc of Streets and Hiehwavs ~T Grin
B~k~ where a~ro,fiaie, Posts for illuminatin~ fixtures, tra~c cornel.
an~ ~tree~ name siens shall al~ ~ ~iued. so lone as ~he sion or
equiomcm is no~ xxi~hin ~he ~rc~ri~d clear s~ace.
Where an acccsswav enters a riiht-of-wav, two safe distance trlanilcs
shall bc created dialonallv across from each o~hcr on both sides of thc
~ccesswav. Two sides of thc trianele shall extend ten feet each way
from thc ~oint of intersection from the edie of oavcmcnt ,nd the rls~ht-
9f-w~v line. Thc third side of the trianllc shsll be a linc conn¢ctinl thc
~nds of'the o~her two sides.
\\3~'re a oro~cm,, abuts thc intersection of two riihts..of v, zv. a s~fe
distance triangle shall be creaxcd. Two sides of the trianalc shall extend
~9 fO;l aloni the ~but~ini rilht-of-wav lines, measured from the ooim of
intersection. The third side of thc tria~llc shall be ~ linc connecdni thc
~nds &thc other two sides.
The developer shall comply ~Sth all of thc provisions of the applicable
landscape requirements and division 2.4 at :he time of subdivision or
development approval or when applicable.
Division 3.3.
County Land Development Code, is hereby amended to read as folh.,~;,.,. AGENDA~_ L~E,~E
Words s~ ~re dekned, wombs ~__njJer!incd ar~ ~lded. All maps and il
?s MAY 2 1 1997
/ . .% Z_O( _
Site Development Plans, of Ordinance 91-102, as amended, thc Collier
Sec. 3.3.5.
3.3.5.1.
3.3.5.4.2.
3.3.5.7.
DIVISION 3.3. SITE DEVELOPMENT PLANS
Site development plan review (SDP) procedures.
,~finor site development plan review. Submittal of a site development plan undo
the minor review process shall be in conformance v,'ith section 3.3.5.5,, final site
development plan applications, together x~'ith thc following preliminao' site
development plan application requirements: sections 3.3.5.4.1,, 3.3.5.4.2.1,. -
3.3.5A2.5,, 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, 3,.~.5,!.2.S. k -
m,.p_,_ 3.3.5.4.3, - 3.3.5.4.6. A site development plan may be re-viexvcd under thc
minor SDP review process if thc plan submittal meets thc following
requirements:
Site development plan. A site development plan prepared on a maximum size
shect measuring 24 troches by 36 inches drawn to scale and setting forth the
following information:
Illustrative information accurately depicted on thc site development plan
shall be as follows unless waived at the pre-application meeting:
\Vh~re a~olicable, the site development plan shall include
szraphic depiction and site plan notations addressin~ the
provisions of Section 2.2.26.7.2. of this code.
Any additional relevant information as ma)' be required by the
plannin~z ~::':!:~m:n~ services director, or his desi~,nee.
Site improvement plan submittal and review. A site improvement plan
[SIP) shall be prepared on a 24-inch by 36-inch sheet dragon to scale and
setting forth the follosving information:
12.
'~nncre applicable, th,: site imorovemcnt plan shall include
~raphic depiction ·nd site plan notations addressin~ the
~rovi~ioas of Section 2.2.26.7.2. of this code,
13. An)' additional relevant information as may be required by the plannine d~,;eler'me~
services director, 9r his desig, ne¢.
Division 3.5, Excavation, of Ordinance 91-I02, as amended, thc Collier Count' ~
Development Code, is hereby amended to read as follows:
DIVISION 3.5. EXCAVATION
3.5.4.7.
3.5.7.2.4.
Worda~a~
05/06~97
Farm animal watering ponds or excavations located on single family
lots/tracts ss~-re the net property ~ is ~ lw9 ac~ts o~
mor~ axe exempt from thc permitting procedures contained in this
division, but must comply with all the construction standazds of this
division. Such exemptions apply only if:
Exceptions to the side slope requirements that may be jus6fied by such
alternatives as ~rtificial slope protection or vertical bulkheads shall be
approved in advance by the site development review director, whc~e
justification shall be documented in · d~igr m,~.alvsis ~ lry ·
professional engineer registered in the State pi FloricLOs~
No. ~t--~
de,ed, wo~cls urt~erlincd as~ added. All maps ~d illus~ lions ~re ~
for no more than 40 percent of thc :~horclin¢ length, but
compensating, li,or~l zone must b¢ ~rovided,
Division ~.6., Well Construction, of Ordinance 91-I02, as amended, the Collier Count}'
Land Development Code, is hereby amended to read as follows:
DIVISION 3,6. WELL CONSTRUCTION
3.6.5.5.3,6,
6I a minimum, all domestic ~tabl¢ and irrigation w¢11~ ~hall L-c left and
maintained at finish~ ~round fl~r elevation, All 9ther wcl!s ~hall ~
Icfi ~nd maintained al least 12 inches a~vc finished ~rad¢, unles~
othc~i~ ~incd.
3.6.5.7.1.
Provide a sketch or drafted ma~ identifvint the location and distance to
isll wells, sc~tic tanks, trod drainfields from thc Droooscd well. at thc
lime of this aoolication. ~is a,0lics ~o wells. ~otic tanks, and
d~inficlds ~th on ~th ~hc subject Dm~n,' and on all contituous and
clo~lv adiaccnt ~ro~nies. ~is rcaui~ment aooli~ to tho~ walls.
~o~ic ta~s. and dninficlds that arc either in~alled, u~¢r construction.
or ~iucd at thc time of this ao~lication, ~c suk~ I~ation of thc
wall for which this ~it is ~in~ ~auested must m~t all a~lic:bl¢
~tback rcauircments.
SECTION 3.D: A.MEND31ENTS TO ARTICLE 6, DEFINITIONS
Division 6.3. Definitions, of Ordinance 91-102, as amended, thc Collier Count}' Land
Devdopment Code, is hcreb,',' amended t6 read as follows:
DIVISION 6.3. DEFINITIONS
~,,',,;, r" ........... r ;.,;..~ ,r...:u ..... ~!CZF) Assisted Livin~ Foci/in' (.ALF): Any buildine(s).
section of a building, distinct part of a building, residence, private home, boarding home, or
other place, ~vhcther operated for profit or not, which undertakes through its ov, nership or
management to provide for a period exceeding twenty-four (24) hours, housing, food s~n'ice,
and one (1) or more personal services for four (4) or more adults, not related to the o~-ner or
administrator by blood or marriage, who require such services and to provide limited nursing
services, when specifically licensed to do so pursuant to Florida Statute 400.407. The facility
shall be licensed and approved as such b)' Florida E:~partmcnt of Health and Rehabilitative
Services. A facility offering personal sen'ices or limited nursing services for fewer than four
(4) adults is within the meaning of this definition if it formally or informally advertises to or
solicits the public for residents or referrals and holds itself out to the public to be an
establishment which regularly provides such services.
Boathouse, private: A roofed, accessory use to a residential structure(s),
adjacent to a waterway, o~n on all sides and ~rovidint covered orotcction
;9 a bo~t. A private boathouse may not be used for the purpose of humsn
habitation. (See section 2.6.21 .)
Words g.':'.;¢k :~.--:'.:'gh irc deleted, words Imdcflined ate sdded. All maps and
Page 77
~ar¢ f/nit; A residential Ireatmenl facility, .~:h.-r '.baa a r,u;:ing he..-::, ~hcre, for
~om~nsalion (if applicable), ~r~ons under ~are ~¢eive f~, l~in~ and ~me fo~
~i1¢ ~hcra~uli¢ care on ~ daily ba~i~. ~i~ I)'~ or,are may involve p~ychia~fi¢,
medical, physiological Iherapi¢~, ~havior m~ificafion and other ~u~h se~'ice~.
facility shall comain fi~ecn (15) or more ~r~ns under care, plus resident su~'iso~ as
r~quircd by SubsecHon 10A-5.019, Flor;da Administrative C~c, and shall ~i~ all of ~hc Iis~
of uses as pc~it~cd by Group Care Facilities (Category I and Category II, [i.¢.,
~ ~K'~ng r.~:~:,:.., assisted livina facilities foster care facilities; facilities for: a~ed
~rsons, developmentally disabled ~ons (as defined in Section 393,063(11). Flodda Statues,
as amended, physically disabled or handicapped ~r~ns (as defined in Section 760.22(7Xa).
Florida Statutes, ~ amended); crisis and attention care; displaced adult care; homeless shelters;
mental and emotional heahh c~c; offender halfway houses; s~usc abuse care; substance
abuse care; and youth shehcrs]. [SEE SEC. 2.6.26]
Continuinyz care re/irement commtmicv t'CCRC): Means a li,.'in~z environment oro'.'idin.~
shelter, food. and either nursin~ care or ~rsonal service as defined in s. 400.402 ¢16~ F.S..
whether such ~ur~irlg can; 9r ~crsonal services are orovidcd in the facility or in another scttin~
dcsianatcd by thc agreement for continuin~ cam to an indi'.'ia~ual not related by consaneuinitv
affinity lQ thc prgvidcr furnishin, such c~trc, upon pax'merit of aa cnlrance fee, which il;
lic¢,n?ed bv the Department 9f In~uDnc¢ of the State of Florida pursuant to s.651 F.S.
Dock facilio': An)' structure constructed in or over a waterway for the
priman,' purpose of mooring a boat. This includds docks, v,'alkwavs, pierl;,
mooring pilings, bgathou~¢l; and thc like, Th.i:. '~ ...... :-~""~- ~-~'~- ,'--
Group 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 ma)' be in the same structure, with or without complete kitchen
facilities, and containing sleeping facilities and sanitary facilities. A group housing unit is
applicable to the folloxving types of structures: Family Care Facilities, Group Care Facilities
(Category I and Category IlL Care Units, and Nursing Homes: Assisted Living and ConHnuing
Care FacilitieS.
A'.rsing Home, Rest Home or Extended Care Facility: Sec .k!::!: C;.:;7..'cg::;c t :.,;...: ~-. .:,:.
(. !CLF?: .4$$isted ~.ivin.~ Facilin: (ALFX
SECTION FOUR: CONFLICT AND SEVER.ABILITY
In the event this Ordinance conflicts with any other Ordinance of Collier County and other applicable
law, the more restrictive shall apply, lfany phrase or portion of the Ordinance is held invalid or
unconstitutional by any court of competent jurisdictlon, such portion shall be deemed a separate, distinct ~
independent provision and such holding shall not affect thc 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 part of thc Code of Laws and
Ordinances of Collier County, Florida. The sections of thc Ordinance may be rtnumbered or relettered Io
accomplish such, and thc word "ordinance" may be changed to 'section', "article", or any other appropriale
word.
SECTION SIX: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Deponent O~N~_D~lk~£M --
/
PASSED AND DULY ADOPTED by the Board of Count)' Commissioners of Collier Count)', Florida,
this ___.__._ da)' of 1997.
- --' BOARD OF COUNTY COMbllSSIONERS
COLLIER COUNTY, FLORIDA
BY:
TIMOTHY L. HANCOCK, CHAIRMAN
ATTEST:
DWIGHT E. BROCK, CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
MARJOPAE M. STUDENT
ASSISTANT COUNTY ATTORNEY
Words ~'~ are deb:ted, words ~ arc added. All maps and
pale 79
ZONING MAPS TO BE AMENDED TO REFLECT
ADDITION OF "MIZO", "JACOD" & "SR29COD"
DESIGNATIONS AND TIlE REMOVAL OF THE
"RP" DESIGNATION,
MAY II 1 lgO?
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