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Ordinance 2006-08 ~ ,,?" '\31416781> Q" " -fPA ~ , ~ ~ MAR 2008 !i CD ~ ORDINANCE NO. 06- 08 ~ RECEIVED t:J (:~ ~ ~ - ~ ~ 'Ie (k~~ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIO~RS::'~ OE:~st OF COLLIER COUNTY, FLORIDA, AMENDING ORDIN~E~ NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY ~D-l DEVELOPMENT CODE, WHICH INCLUDES ~HE COMPREHENSIVE LAND DEVELOPMENT REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER 1 - GENERAL PROVISIONS, INCLUDING: SECTION 1.08.01 ABBREVIATIONS, SECTION 1.08.02 DEFINITIONS; CHAPTER 2 - ZONING DISTRICTS AND USES, INCLUDING, SECTION 2.03.07 OVERLAY ZONING DISTRICTS, INCLUDING THE ADDITION OF THE GATEWAY TRIANGLE MIXED USE OVERLAY DISTRICT, AND THE GOLDEN GATE DOWNTOWN CENTER COMMERCIAL OVERLAY DISTRICT (GGDCCOD), SECTION 2.04.03 TABU; OF LAND USES IN EACH ZONING DISTRICT, SECTION 2.05.01 DENSITY STANDARDS AND HOUSING TYPES; CHAPTER 4 - SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING: CHAPTER 4 TABLE OF CONTENTS, SECTION 4.02.16 SAME-DEVELOPMENT IN THE BMUD-NEIGHBORHOOD COMMERCIAL SUBDISTRICT, SECTION 4.02.17 SAME-DEVELOPMENT IN THE BMUD- WATERFRONT SUBDISTRICT, SECTION 4.02.18 SAME- DEVELOPMENT IN THE BMUD - RESIDENTIAL SUBDISTRICT (R1), SECTION 4.02.19 SAME-DEVELOPMENT IN THE BMUD- RESIDENTIAL SUBDISTRICT (R2), SECTION 4.02.20 SAME- DEVELOPMENT IN THE BMUD - RESIDENTIAL SUBDISTRICT (R3), ADDITION OF SECTION 4.02.21 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD RESIDENTIAL NEIGHBORHOOD COMMERCIAL SUBDISTRICT (R4), DELETION OF SECTION 4.02.21 SAME-DEVELOPMENT IN THE BMUD - RESIDENTIAL NEIGHBORHOOD COMMERCIAL SUBDISTRICT (RNC), THE ADDITION OF SECTION 4.02.35 DESIGN STANDARDS FOR DEVELOPMENT IN THE GTMUD - MIXED USE SUBDISTRICT (MXD), THE ADDITION OF SECTION 4.02.36 DESIGN STANDARDS FOR DEVELOPMENT IN THE GTMUD - RESIDENTIAL SUBDISTRICT (R), THE ADDITION OF SECTION ' 4.02.37 DESIGN STANDARDS FOR DEVELOPMENT IN THE GOLDEN GATE DOWNTOWN CENTER COMMERCIAL OVERLAY DISTRICT (GGDCCOD); CHAPTER 10 - APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING: SECTION 10.03.05 NOTICE REQUIREMENTS FOR PUBLIC HEARINGS BEFORE THE BCC, THE PLANNING COMMISSION, THE BOARD OF ZONING APPEALS, THE EAC AND THE HISTORIC PRESERVATION BOARD; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. ;; : Recitals WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners adopted Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LOC), which was subsequently amended; and WHEREAS, the Collier County Board of County Commissioners (Board) on June Page 1 of 95 Words struck through are deleted, words underlined are added 22, 2004, adopted Ordinance No. 04-41, which repealed and superseded Ordinance No. 91-102, as amended, the Collier County Land Development Code, which had an effective date of October 18, 2004; and WHEREAS, the LDC may not be amended more than two times in each calendar year unless additional amendment cycles are approved by the Collier County Board of Commissioners pursuant to Section 10.02.09 A. of the LDC; and WHEREAS, this is the second amendment cycle to the LDC for the calendar year 2005; and WHEREAS, on March 18, 1997, the Board adopted Resolution 97-177 establishing local requirements and procedures for amending the LDC; and WHEREAS, all requirements of Resolution 97-177 have been met; and WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold advertised public hearings on January 11, 2006, February 8 and February 28, 2006, and did take action concerning these amendments to the LDC; and WHEREAS, the subject amen~ments to the LDC are hereby determined by this Board to be consistent with and to implement the Collier County Growth Management Plan as required by Subsections 163:3194 (1) and 163.3202 (1), Florida Statutes; and WHEREAS, this ordinance is adopted in compliance with and pursuant to the local government comprehensive planning and land development regulation act (F.S. 9 163.3161 etseq.), and F.S. 9125.01(1)(t) and (1)(w); and WHEREAS; this ordinance is adopted pursuant to the constitutional and home rule powers of Fla. Const. Art. VIII, 9 1 (g); and WHEREAS, all applicable substantive and procedural requirements of the law have otherwise been met. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: RECIT ALS The foregoing Recitals are true and correct and incorporated by reference herein as if fully set forth. SECTION TWO: FINDINGS OF FACT The Board of Commissioners of Collier County, Florida, hereby makes the following findings of fact: 1. Collier County, pursuant to Sec. 163.3161, et seq., Fla. Stat., the Florida Local Government Comprehensive Planning and Land Oevelopment Regulations Act (herein after the "Act"), is required to prepare and adopt a comprehensive plan. 2. After adoption of the Comprehensive Plan, the Act and in particular Sec. 163.3202(1). Fla. Stat., mandates that Collier County adopt land development Page 2 of 95 Words struck through are deleted, words underlined are added regulations that are consistent with and implement the adopted comprehensive plan. 3. Section 163.3201, Fla. Stat., provides that it is the intent of the Act that the adoption and enforcement by Collier County of land development regulations for the total unincorporated area shall be based on, be related to, and be a means of implementation for, the adopted comprehensive plan. 4. Section 163.3194(1 )(b), Fla. Stat., requires that all land development regulations enacted or amended by Collier County be consistent with the adopted comprehensive plan, or element or portion thereof, and any land regulations existing at the time of adoption which are not consistent with the adopted comprehensive plan, or element or portion thereof, shall be amended so as to be consistent. 5. Section 163.3202(3), Fla. Stat., states that the Act shall be construed to encourage the use of innovative land 'development regulations. 6. On January 10, 1989, Collier County adopted the Collier County Growth Management Plan (hereinafter the "Growth Management Plan" or" GMP") as its comprehensive plan pursuant to the requirements of Sec. 163.3161 et seq., Fla. Stat., and Rule 9J-5 F.A.C. 7. Section 163.3194(1 )(a), Fla. Stat., mandates that after a comprehensive plan, or element or portion thereof, has been adopted in 'conformity with the Act, all development undertaken by, and all actions taken in regard to development orders by, governmental agencies in regard to land covered by such comprehensive plan, or element or portion thereof shall be consistent with such comprehensive plan or element or portion thereof. 8. Pursuant to Sec. 163.3194(3)(a), Fla. Stat., a development order 'or land development regulation shall be consistent with the comprehensive plan if the land uses, densities or intensities in the comprehensive plan and if it meets all other criteria enumerated by the local government. 9. Section 163.3194(3)(b), Fla. Stat., requires that a development approved or undertaken by a local government shall be consistent with the comprehensive plan if the land uses, densities or intensities, capacity or size, timing, and other aspects of development are compatible with, and further the objectives, policies, land uses, densities, or intensities in the comprehensive plan and if it meets all other criteria enumerated by the local government. 10. On October 30, 1991, Collier County adopted the Collier County Land Oevelopment Code, which became effective on November 18, 1991 and may be Page 3 of 95 Words struck through are deleted, words underlined are added amended twice annually. The Land Development Code adopted in Ordinance 91-102 was recodified and superseded by Ordinance 04-41 . 11. Collier County finds that the Land Development Code is intended and necessary to preserve and enhance the present advantages that exist in Collier County; to encourage the most appropriate use of land, water and resources consistent with the public interest; to overcome present handicaps; and to deal effectively with future problems that may result from the use and development of land within the total unincorporated area of Collier County and it is intended that this Land Development Code preserve, promote, protect and improve the public health, safety, comfort, good order, appearance, convenience and general welfare of Collier County; to facilitate the adequate and efficient provision of transportation, water, sewerage, schools, parks, recreational facilities, housing and other requirements and services; to conserve, develop, utilize and protect natural resources within the jurisdiction of Collier County; to protect human, environmental, social 'and economic resources; and to maintain through orderly growth and development, the character and stability of present and future land uses and development in Collier County. 12. It is the intent of the Board of County Commissioners of Collier County to implement the Land Development Code in accordance with the provisions of the Collier County Comprehensive Plan, Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and through these amendments to the Code. SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE SUBSECTION 3.A. AMENDMENTS TO SECTION 1.08.01 ABBREVIATIONS Section 1.08.01 Abbreviations, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 1.08.01 Abbreviations APZ: Accessory ParkinQ Zone BMUD: Bavshore Mixed Use District GTMUD: Gatewav TrianQle Mixed Use District MUP: Mixed Use Project NFIP: National Flood Insurance Proaram SUBSECTION 3.B. AMENDMENTS TO SECTION 1.08.02 DEFINITIONS Section 1.08.02 Oefinitions, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 1.08.02 Definitions * * * * * * * * * * * * Accessory Darkina zone (APZ) - Residentially zoned lots havinQ a common lot line with. and under same ownership or leQal control (lease. easement. etc.) as Subdistrict NC and used for parking only. Page 4 of 95 Words struck through are deleted, words underlined are added * * * * * * * * * * * * Accessory unit - An accessory unit is a separate structure related to the primary residence for uses which include, but are not limited to: library studio, workshop, playroom, or Questhouse. * * * * * * * * * * * * Awninq -Temporary canvas or other material coverinQ extendinq from and attached to the facade of a building, without Qround supports. * * * * * * * * * * * * Front vard build-fo-line - The line to which a buildinq facade must be built, not a minimum distance. * * * * * * * * * * * * Housing, affordable-workforce: means residential dwelling units with a monthly rent or monthly mortgage payment, including property taxes and insurance, not in excess of 1/12 of 30 percent of an amount which represents a range of median adjusted gross annual income (median income) for households as published annually by the U.S. Department of Housing and Urban Development within the Naples Metropolitan Statistical Area (MSA) (See section 2.05.02), specifically including the following subsets: Rental workforce housing less than 50 percent of median income otherwise considered to be "very-low income", Rental workforce housing~ less-t4aA from 51 percent--60 percent of median income, otherwise considered to be "low income". Owner occupied workforce housing: 50 percent or less of median income, otherwise considered to be "very-low income". Owner occupied workforce housing: 51 percent--60 percent of median income, otherwise considered to be "low income". Owner occupied workforce housing: 61 percent--80 percent of median income, otherwise considered to be "low income". Owner occupied qap housinQ: 81 percent--150 percent of median income. The term affordable housing is specifically intended to include affordable- workforce housing. Housinq, Gap: means residential dwellinq units with a monthly rent or monthly mortQaoe payment, includino property taxes and insurance, not in excess of 1/12 of 30 percent of an amount which represents a ranoe of median adjusted oross annual income (median income) for households as published annually by the U.S. Department of Housino and Urban Development within the Naples Metropolitan Statistical Area (MSA) (See section 2.05.02), specifically including the followino subset: The term "oap housino: 81 percent--150 percent of median income" is specifically intended to include similar cateoories. such as "Essential Personnel Housino". "Professional Housino", and "Reasonably Priced Housino". Gap housino is intended to provide housino for households fallino above the federal and state assistance Quidelines. but still unable to afford market priced homes. * * * * * * * * * * * * Mixed Use Proiect Approval Process - A process by which a land owner may petition the BCC for approval of a mixed use proiect - a mix of commercial and , Page 5 of 95 Words ~+>>ffittgh are deleted, words !!!}~J~'IjIIt;Q are added residential uses. as provided for in certain zoninq overlay districts. If located within certain subdistricts in the Bayshore Drive Mixed Use Overlay District or the Gateway Trianqle Mixed Use Overlay District, such a petition may include a request for increased density by use of bonus density pool units. * * * * * * * * * * * Streetscape Zone The streetscape zone is the space between the front yard build-to-line and the property line. * * * * * * * * * * * * Sfreefwall - A freestandino wall parallel with the facade of an adjacent building for the purpose of screenino parkino from the street. * :i: * -I" * * '" '" '" * '" * SUBSECTION 3.C. AMENDMENTS TO SECTION 2.03.07 OVERLAY ZONING DISTRICTS Section 2.03.07 Overlay Zoning Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 2.03.07 Overlay Zoning Districts I. Bayshore Drive Mixed Use Overlay District. Special conditions for the properties adjacent to Bayshore Drive as referenced on BMUD Map 1; and further identified by the designation "BMUD" on the applicable official Collier County Zoning Atlas Map or map series. -1. Tho purposo and intont of this district is to oncourago revitalizatien along ttte---gaY-SHefB-Q-fi-ve- corridor by-~g opportunitios f9f---&ftlaU-sBctfe m~XBG-uBe-Geve.lGfm1BRt. This district is inteAGeG to: rovitakze--tH8 commorGfat-anG-f8Sidontial developmont along this corridor; OnHaAGe-tRe 'Natorfront; encourage on stroet parking and sharod parking facilitios aRe provido appropriato landscaping and buffering bot'Noon tho-vafieus-types of usos; and protect and onhanco tho noarby single family rosidontial units. The types of usos pormitted are lO'N intonsity rotail, offico, personal servico and rosidontial usos. 1. Purpose and Intent. a. Bayshore Drive Mixed Use Overlay District is to encouraoe revitalization of Bayshore Drive and its environs which is part of the Bayshore / Gateway Trianole Redevelopment Overlay with Traditional Neiohborhood Desion (TND) projects. TNDs are typically human-scale, pedestrian-oriented, interconnected projects with a mix of commercial uses includino retail. office and civic amenities and residential uses that complement each other. Residential uses are often located above commercial uses, but can be separate areas of residential use only with close proximity to commercial uses. An interconnected street system is the basis for the transportation network. BuildinQs. both commercial and residential, are typically located near the street, and may have front porches and/or balconies. 2. Appllcabllltv a. These regulations shall apply to the Bayshore Orive Mixed Use Overlay District as identified on BMUO Map 1 and further identified by the designation "BMUD" on the applicable official Collier County Page 6 of 95 Words struck Ihrough are deleted, words underlined are added Zoning Atlas Maps. Except as provided in this section of the LDC, all other uses, dimensional and development requirements shall be as required in the applicable underlying zoning category. b. ExistinQ Planned Unit Developments (PUDs) are not included in the Bavshore Overlav District requirements; however, PUDs approved after Ithe effective date of this ordinance] are included in the Bavshore Overlav District and must complv with the requirements stated herein. 3. Garages and drivoways. a. The roar setback may bo roducod to ton foot if a front access garage is constFtlctod on tho roar of tho rosidonco. b. Tho maximum width of garage doors is 16 feeh c. OB~Re-OOvoway is allowed par 50 I~Aeaf--feet-Bf----froBt-fH~Bf}efty Uno. The-maxifl:l\.-1fA-WiGtA-Bf-the drivoway at--tAe-~t-Bf-way--hne--is +g~feBh d. Other than tho pormitted driveway, tho front yard may not be pavod Bf--Btherwiso used to accommodate parking. e. GaFatJ8s must be rocessed a-ffHAimum of throe feot bohinG-tHe froRt--facado of tho primary residonc8-;- f. No carports aroi'ermittod. g. The-4istaAGe--ffem---tAe-back of the sidmvalk to tho garage door must Ge--at-least 23 f.eet-te-allow room to pafk-a-vohicle---oo--t/:ie-d+iveway wAABUt-~ng over tho sidewalk. Shoulfl-tAe-~fa~--G8---siEle- loaded thero must bo at least a 23 foot pavee-afBa----eR-a f*tfpondicular plane to tho garage door or plans must-eAsUfB-tAat f}afk-eEl~les-wHJ--AGt- in te rfofB-Wi t h podestfiafl--tr-a#!G-; BMUD Map No.1 Page 7 of 95 Words struck through are deleted, words underlined arc <Jdded ,,-, \ ",J I! I I JI I II J I J I,-J I~-' s...m:'Rl- (R~P-li) [I " I , I I ( ,.;: \ , ll'~\; --'~oii.~~~~=- -"'~. .fT . P!!!"!!.!'!""'!_ IIH WlNUT.. "-D. -...-... SIIIUll-Rl (RM'::~"",,-_ "' BM~'!;!l3 (IIIH) \~ ,t ....... , " ............ BMU!).", RMF.. !! ~ .. Bayshare Mixed Use Overl~J:lI!!~!~ BIIIUD.R3 (III'" SIIIUll-NO (IIIH) BMUD.NC Nolghborhood Commo",lol Subdlob1cl BIIIUD.NC-- 'c- APZ Acc..aory Plr1l:lng Zone BIIIUD.R3 VR BMUD.w Walortront subdlolrlot " \, il I' I, I, Iii I IIOl ANICAL PL.ACa "UD.~""" ...00 BMUD.Rl Raoldonlla' Subdlolrlcl 1 BMUD.R2 Rooldontlal Subdlotr1cl 2 . BMUD.R3 Rooldontlal Subdlob1cl 3 CIIUlUlI-"""" EaIwMd..... MIlO BMUD.R4 Rooldonllal Subdlotr1cl 4 S . (XXX) Undor Lying Zoning Future Land Use ~ Ac:tIvlly Contor 16 . - -. c::B~~l?LJllc:lary aoTAIillCAL GAIlDIN PUG . EKlIIdM rr- IIaID BMUll-R4 (RSP-3) _ n NORTH SIIIUll-Rl (~~- ~~::.:...-==----- &lPL 1A'..uD. EIIa1.... "- ...., Ul!lAI....,PUD. hel.... """"....D . ; 1- SIIUD -R3....~ ....- (VA)' -- Page 8 of 95 Words struck through are deleted, words underlined are added c. Property owners may follow existino Collier County Land Development Code reoulations of the underlyino zonino classification, or may elect to develop/redevelop under the mixed use provisions of the BMUD Neiqhborhood Commercial (NC) or Waterfront (W) Subdistricts of this overlay, throuoh a mixed use project approval from the BCC. However, in either instance, BMUD site development standards are applicable, as provided for in section 2.03.07 1.5.h. of this Code. 3. Mixed Use Project Approval Process. a. Owners of property in the Neiohborhood Commercial (BMUD-NC) and Waterfront (BMUD-W) Subdistricts may petition the Board of County Commissioners for mixed use project approval. The application for MUP approval shall acknowledoe that the owner shall not seek or request, and the County shall not thereafter orant or approve, any additional uses beyond those allowed in the C-1 throuoh C-3 zonino districts. The application shall be accompanied by a conceptual site plan demonstratino compliance with the criteria in section 10.03.05'.G. b. There shall be a public hearino before the BCC leoally noticed and advertised pursuant to section 10.03.05.G. If approved by the BCC, such approval shall be by resolution. c. Once a Mixed Use Proiect has been approved by the BCC, the applicant shall submit a site development plan (SDP), based on the conceptual site plan approved by the BCC and meetino the requirements of section 10.02.03 B.1. of this Code, to the Community Development and Environmental SeNices Division within six months of the date of approval. This SDP must be determined as sufficient and accepted for review by the Division within 30 days of submittal. After the SDP has been approved. the approved proiect shall be identified on the Collier County official zonino atlas map, usino the map notation MUP. If a MUP approval expires, as set forth below, the map notation shall be removed from the official zonino atlas map. The burden is on the applicant to submit an SDP application in a timely manner, to be responsive to the County's SDP review comments, and to commence construction in a timely manner after SDP approval has been oranted. d. MUP approval shall expire and any residential density bonus units shall be null and void if any of the followino occur: i. The SDP is not submitted within six months of MUP approval by the BCC. Ii. The SDP is not deemed sufficient for review within 30 days of submittal. III. The SDP under review is deemed withdrawn and cancelled. pursuant to section 10.02.03.B.4.a. Iv. The SDP is considered no lonoer valid, pursuant to section 10.02.03.B.4.b. and c. e. Once a propertv owner. throuoh a MUP approval, elects to develop or redevelop a mixed use proiect under Neiohborhood Commercial (NCl or Waterfront (W) Subdistricts. then the property shall be developed in compliance with all provisions of the overlay and cannot revert back to the underlyino zonino district. I Page 9 of 95 Words struck through are deleted. words underlined are added 4. Bonus Density Pool Allocation Under the Collier County Future Land Use Element, 388 bonus density units are available for reallocation within the Bayshore/Gateway Trianqle Redevelopment Overlay. The County Manaqer or desiqnee will track the Bonus Density Pool balance as the units are used. These 388 bonus density units may be allocated between this BMUD overlay and the Gateway Trianqle Mixed Use Overlay District. and shall only be allocated throuqh the MUP approval process. To Qualify for up to 12 dwellina units per acre, projects shall comply with the followinq criteria. This density of up to 12 dwelling units per acre is only applicable until the bonus density pool has been depleted. a. The project shall be within either the Neiqhborhood Commercial or Waterfront Subdistricts, and shall be a mixed use project - mix of commercial and residential uses, as set forth in 1.a., above. b. Base density shall be as per the underlyinq zoninq district. The maximum density of 12 units per acre shall be calculated based upon total proiect acreaQe. The bonus density allocation is calculated by deductinQ the base density of the underlyinQ zoninQ classification from up to the 12 unit maximum beinQ souQht. The difference in units per acre determines the bonus density allocation requested for the project. c. For proposed proiects, only the Affordable Housinq Density Bonus, as provided in the Density Ratinq System, is allowed in addition to the eliqible bonus density units provided herein as the entire BMUD is within the Coastal Hiqh Hazard Area (CHHA). d. The project shall comply with the standards for mixed use development set forth in the Bayshore Mixed Use Overlay District. e. For projects that do not comply with the requirements for this density increase, their density is limited to that allowed by the Densitv RatinQ System and applicable FLUE Policies. 5. Bayshore Mixed Use District (BMUD) Subdistricts a. Neighborhood Commercial Subdistrict (NC). The purpose and intent of this subdistrict is to encourage a mix of low intensity commercial uses and residential uses. Developments will be human-scale and pedestrian-oriented. For mixed use projects only. subiect to the MUP approval process in Sec. 2.03.07.1.3., refer to Tables 1 and 2 for permitted uses. Otherwise, permitted uses are in accordance with the underlyinQ zoninQ district. b. Waterfront Subdistrict (W). The purpose of this subdistrict is to allow maximum use of the waterfront for entertainment while enhancing the area for use by the general public. Oevelopment standards for the district are the same as those set forth for the Neighborhood Commercial Subdistrict, except for the standards set forth in section 4.02.17 For mixed use proiects onlv, subiect to the MUP approval process in Sec. 2.03.07.1.3.. refer to Tables 1 and 2 for permitted uses. Otherwise. permitted uses are in accordance with the underlvinCl zoninCl district. c. Residential Subdistrict 1 (R1). The purpose of this subdistrict is to encourage the development of a variety of housinCl tvpes which are compatible with existing neiohborhoods and allow for building Page 10 of 95 Words struck through are deleted, words underlined are added additions such as front porches. The intent in new development is to encouraoe a traditional neiohborhood desion pattern. Refer to Tables 1 and 2 for permitted uses in this subdistrict. Multifamily residonoos as a transitional uso bot'tJoon commorcial and singlo family dovolopmont. Tho multifamily buildings shall be compatible with the building pattorns and facado articulation of traditional neighborhood design. Tho intont is to croato a rO\\' of rosidontial units with uniform front yard sotbacks and access to tho street. d. Residential Subdistrict 2 (R2). The purpose of this subdistrict is to encourage the development of multi-family residences as transitional uses between commercial and single-family development. The multi-family buildings shall be compatible with the building patterns and facado articulation of traditional neighborhood design. Refer to Tables 1 and 2 for permitted uses in this subdistrict. e. Residential Subdistrict 3 (R3). The purpose of this subdistrict is to allow the development of mobile homo, modular homo, townhouses and single-family residences. All new development in this Subdistrict shall be compatible with the building patterns aM facado articulation of traditional neighborhood design. Refer to Tables 1 and 2 for permitted uses in this subdistrict. Tho intent is to Greato a row of rosidontial units with consistont front yard set backs and accoss to tho stroot. a. Minimum LOT width: Singlo family: 40 feot. Modular homos: 40 foot. Townhouses: 25 foot. Mobile homes: 40 foot. b. Yard roquiroments. Tho follo'A'ing yard roquiroments aro in rolation to the plattod proporty boundarios. Front Yard At Min. Sido Yard Min. Roar Yard Ono (Singlo) 10 foot 5 foot 8 foot Family Dwolling Ymt& Modular Dwolling 10 foot 5 foot 8 foot Ymt& T ovmhouso 1 0 foot o foot whon 8 foot ABUTTING anothor townhouse, if not then 5 foot Mobilo Homos 1 0 foot 5 foot 8 foet f. Residential Subdistrict 4 (R4). The purpose of this subdistrict is the same as Residential Subdistrict R1 except only sinole-family detached dwellino units are permitted. Refer to Tables 1 and 2 for permitted uses in this subdistrict. g. Residential Neighborhood Commorcial Subdistriot (RNC) Tho purpose and intont of this subdistrict is to allo':.' limited homo oooupational businesses. o. Mixed Use Activity Center Subdistrict Portions of the Bayshore Overlay Oistrict coincide with Mixed Use Activity Center #16 desionated in the Future Land Use Element (FLUE) of the Collier County Growth Manaaement Plan. Development in the activitX' center is aoverned by reauirements of the underlying zonino district Page II of95 Word~ struck thrOl:lgh are deleted, words underlined are added and the mixed use activity center subdistrict requirements in the FLUE, except for site development standards as stated in section 4.02.16 of this Code. h. All subdistricts. Development within all subdistricts of the BMUD shall be subject to the site development standards as stated in sections 4.02.16 throuqh 4.02.21 as applicable. The subdistrict site development standards shall also applv to property developed in conformance with the underlvinq zoninq classification. Table 1. Permissible Land Uses in BMUD Mixed Use Subdistricts - N - ~ (f) p = perm itted fti ~ ..... I I I I ~ a: ~ '0 ~ - ... :::::;. Q) - - - - - E = permitted with certain exceptions E (,) (,) (,) (,) (,) .;: ';: .;: .;: .;: E - - - - - III III ,!!! III 0 .!!! Blank cell = prohibited (also see table of (J '0 '0 '0 '0 '0 ..c ..c ..c ..c conditional and accessory uses) '0 ..c :::l :::l :::l :::l :::l Q) 0 en en (f) (f) (f) -0 0 0 - - J:: ctl ctl ctl ctl I <-) ... u c: :;:: :;:: :;:: :;:: <-) 0 0 c: c: c: c: ..c ... ~ 't: Q) Q) Q) Q) (f) J:: '0 '0 :2 :2 .2 - Q) 'iij 'iij - III III Q) (,) ctl Q) Q) Q) Q) .;: ;: z - a: a: a: a: 0 .!!! 0 0 0 0 0 ::> '0 ::> ::> ::> ::> ::> ..c land Use Type or Category :2E :::l :2E :2E :2E :2E :2E m (f) m m m m m Accountina Services 8721 P P Administrative Service Facilities Adult Dav Care Facilities & Centers 8322 Aaricultural Activities Aqricultural Outdoor Sales Aqricultural Services 0741 ,0742, 0752-0783 0711 , 0721 , Aaricultural Services 0722-0724, 0762, 0782. 0783 Aqricultural Services 0723 Aircraft and Parts 3721-3728 Airport - General Aviation Amusement & Recreation Services 7911,7991 Amusement & Recreation Services 7999 tourist auides onlv Ancillary Plants Apparel & Other Finished Products 2311-2399 Apparel & Accessory Stores 5611-5699 P P Appraisers Artist Studios: Paintina, drawina. araphics, fine wood workina. . mixed media. fiber art (weavina), qlass. custom iewelrv. clay 7922 .E .E (ceramics/pottery), sculpture, photoaraphY, dance drama and music Architectural, Enaineerina. Surveyina 0781.8711- .E .E Services 8713 Assisted Livina Facilities , Page 12 of 95 Words struck through are deleted, words underlined are added - - - ~ N (\') iij ~ ,... I I I P = permitted I ~ a: ~ 'u ~ - .. :::;; - - - - Q) - U U U u E = permitted with certain exceptions E u 'i: 'i: 'i: 'i: E 'i: - - - - - .!!! .!!! .!!! en Blank cell - prohibited (also see table of 0 .!!! " " " " u " Ll Ll Ll Ll Ll conditional and accessory uses) " ~ ~ ~ ~ ~ Q) 0 en en en en (/J "0 0 - 0 J: - co co co co () .. G c: .. .. .. .. () 0 0 c: c: c: c: .. Ll 2: 't: Q) Q) Q) Q) CJ) J: :s! '0 '0 '0 :2 - Q) 'in 'in 'in - en Q) u co Q) Q) Q) Q) Z 'i: ;: a: a: a: a: - c .!!! c c c c C ::J '0 ::J ::J ::J ::J :J .c land Use Type or Cateaorv :E ~ :E :E :E :E :E IXl (/J IXl IXl IXl IXl IXl Attorney Offices & Leqal Services 8111 P P Auctioneerinq Service. Auction Rooms and 7389.5999 Houses Auto and Home Supply Store 5531 Automobile Parkinq 7521 Automotive Repair. Services, and Parkinq 7514.7515. 7521 7542 Automotive Repair. Services, and Parkind 7513-7549 Automotive Services Automotive Dealers and Gasoline Service 5511.5531. Stations 5541. 5571 , 5599 Barber Shops or Colleqes 7241 .E .E Beauty Shops or Schools 7231 P P Bikinq Trails Bowlinq Centers 7933 .. Buildinq Construction 1521-1542 Buildinq Materials 5211-5261 Buildinq Materials. Hardware, Garden 5231 - 5261 Supplies Business Associations 8621 Business Repair Service 7311 ,7313. 7322-7331. Business Services 7338, 7361, 7371 ,7372. 7374-7346, 7379 7311-7313, Business Services 7322-7338. 7361-7379. 7384 7311 . 7313. Business Services 7322-7338. .E .E 7384 7311.7313. Businelis Services 7322.7338. 7361.7379. 7384 7389 7311-7352. Business Services 7359. 7361- 7397 7389 Business Services 7311-7353. 7359 7312, 7313. Business Services 7319,7334- 7336 7342- Page 13 of 95 Words stnu::k through are deleted, words underlined are added .- C\i - ~ C") 'ii ;: .... I I I P = permitted I ~ a: ~ .u ~ - L. C - - - - E = permitted with certain exceptions Ql - (J (J (J (J E (J .;: .;: .;: .;: E .;: - - - - - en en en en Blank cell = prohibited (also see table of 0 .!!! "C "C "C "C U "C .c .c .c .c .c conditional and accessory uses) "C :;, :l :l :;, :l Q) 0 en en en en en "'0 0 0 .c: - co co co co () L. G c :;::: :;::: :;::: :;::: 0 0 0 c c c C L. .c ~ 't: Ql Ql Ql Ql U) .c: :2 "C "C "C :2 - Ql 'w 'w 'w - en Q) (J co Q) Q) Q) Q) z .;: 3: a: a: a: a: - c .!!! c c c c C :J "C :J :J :J :J :J .c Land Use Type or Category == :l == == == == == m en m m m m m 7389 Business Services 7311 7312,7313, 7319,7331. 7334-7336. Business Services 7342. 7349, 7352. 7361 , 7363, 7371- , 7384 7389 7311,7313. 7322-7331 , Business Services 7335-7338, 7361. 7371 , 7374-7376, 7379 Business/Office Machines Canoe Rental 1: Canoeinq Trails Care Units Carwashes 7542 Cateqorv II Group Care Facilities Child Care - Not for Profit Child Dav Care Services 8351 Churches & Places of Worship Civic and Cultural Facilities P P CollectionfTransfer Sites Commercial Printina 2752 Communications 4812-4841 Communications 4812-4899 Communication Towers Construction Construction - Heavy Construction. Special Trade Contractors 1711-1793. 1796 1799 Construction - Special Trade Contractors 1711-1799 Continuina Care Retirement Communities Depositorv Institutions 6011-6099 Depositorv Institutions 6011.6019. 6081 6082 , Page 14 of 95 Words stmck throl:lgh are deleted, words underlined are added - N - ~ (f) ca ~ ,... I . I P = permitted I ~ II: 5 .0 ~ - ... :::::;. - - - - E = permitted with certain exceptions Q) - u u u u E u .;: .;: .;: .;: E .;: - - - - - .~ (/l (/l (/l Blank cell = prohibited (also see table of 0 .~ '0 '0 '0 '0 () '0 .c .c .c .c .c conditional and accessory uses) '0 :l :l :l :l :l Q) 0 en en en en en "0 0 ca - 0 .c - ctl ctl ctl () ... u c:: :;:; :;:; :;:; :;:; () 0 0 c:: c:: c:: c:: ... .c ~ 't: Q) III III III U5 .c:: '0 '0 '0 '0 ~ - III 'iij 'iij 'iij 'iij - III U ctl III III Q) III Z .;: 3: II: II: II: II: - C .~ C C C C C :J '0 :J :J :J :J :J .c Land Use Type or Category ~ :l ~ ~ ~ ~ :E m en m m m m m 6021-6062, Depository Institutions 6091 ,6099. 6111-6163 Depository Institutions 6021-6062 Drinkinq Establishments and Places 5813 Druq Stores 5912 .E .E Druqs and Medicine 2833-2836 I Eatinq Establishments and Places 5812 E' .E Educational Plants Educational Services 8211-8231 Educational Services 8243-8249 Educational Services 8221-8299 Educational Services 8211-8244, 8299 Electronic Equipment & Other Electrical 3612-3699 Equipment Enqineerinq, Accountinq. Manaqement and 8711-8748 Related Services Enqineerinq, Accountinq, Manaqement and 8711-8713 .E .E Related Services Equestrian Paths Essential Services2 .E E E E E E Excavation Fabricated Metal Products 3411-3479, 3419-3499 Fairqrounds Family Care Facilities Fishina Piers Fishinq/H untinarr rappinq 0912-1919 Fixture Manufacturina 2034.2038. 2053.2064. Food Manufacturina 2066.2068. 2096.2098. 2099 Food Products 2011-2099 Food Stores 5411. 5421- E3 E 5499 , Exceot concessions stands. contract feedlna, dinner theaters. drive-In restaurants. food services (Institutional), Industrial feedina. 2 For reauirements oertalnlna to Essential Services. see section 2.01.03 of this code. ' · Exceot convenience stores and suoermarkets. Page 15 of 95 Words stmck through are deleted, words underlined are added - N - ~ C"') (ij i .... I I I P = permitted I ~ a: ~ 'u ~ - ... :::;:. - - - - CII - U U U u E = permitted with certain exceptions E u '': '': '': '': E ".: - - - - - .~ en en en 0 en Blank cell = prohibited (also see table of "C "C "C "C 0 "C .0 .0 .0 .0 .0 conditional and accessory uses) "C :l :l :l :l :l Q) 0 en en en en en "0 0 0 .c - ctI ctI ctI ctI 0 ... 0 c: +:: +:: +:: +:: 0 0 0 c: c: c: c: ... .0 ~ 't: CII CII CII CII en .c "C "C "C :2 :2 - CII "in "in 'in - en CII u ctI CII CII CII CII z '': ~ a: a: a: a: - c .~ c c c c c ::> "C ::> ::> ::> ::> ::> .0 Land Use Type or Cateaorv :JE :l :JE :JE :JE :JE :JE m en m m m m m Food Stores 5411-5499 Fraternal Orqanizations Funeral Services and Crematories 7261 Furniture & Fixtures Manufacturinq 2511-2599 Gasoline Services Stations 5541 . 5511- 5599 General Contractors I 1521-5261 General Merchandise Stores 5311-5399 P P Glass and Glazinq Work 1793 Golf Courses 9111-9222, 9224-9229, Government Offices/Buildinqs 9311 , 9411- 9451.9511- 9532, 9611- 9661 Group Care Facilities Gunsmith Shop 7699 Hardware Stores 5251 - Health Food Stores Health Services 8011-8049 Health Services 8011-8049, E E 8082 8051-8059 . Health Services 8062-8069, 8071. 8072, 8092-8099 Heavy Construction 1611-1629 Hiking Trails Home Furniture, Furnishings, Equipment 5712.5719. E e Store 5731-5736 Home Furniture, Furnishings, Equipment 5712-5736 Store Home Supply Store 5531 Hotels and Motels 7011 , 7021. 7041 Hotels and Motels 7011 E4 E4 Houseboat Rental ~ Individual & Family Social Services 4 Exceot hostels Page 16 of 95 Words struck throl:lgh are deleted, words underlined are added - N - ~ CO') "ii ~ ..... I I . P = permitted I f; a:: ~ '(3 f; - ~ ;;;.. - - - - E = permitted with certain exceptions Ql - CJ CJ CJ CJ E CJ .;:: .;:: .;:: .;:: E ";:: - - - - - en .~ en en Blank cell = prohibited (also see table of 0 .!!! "C "C "C "C U "C .0 .0 .0 .0 .0 conditional and accessory uses) "C ::::J ::::J ::::J ::::J ::::J Q) 0 en (/) (/) en (/) "0 0 "ii - 0 ..c - ca ca ca () ~ 16 c :;:: :;:: :;:: :;:: () 0 0 c c c C .0 ~ ~ Q) Q) Ql Ql en ..c 't: "C "C "C "C :2 - Q) 'in 'in 'in 'in - Q) CJ ca Ql Ql Ql Ql Z .;:: 3= a:: a:: a:: a:: - C en C C C C c :0 ::) .0 ::) ::) ::) ::) ::) Land Use Type or CateQorv :E ::::J :E :E :E :E :E m (/) m m m m m Industriallnorqanic Chemicals 2812-2819 Industrial, Commercial, Computer 3511-3599 Machinerv and Eauioment Insurance Aqencies. Brokers. Carriers 6311-6399. .E .E 6411 Insurance aqents. brokers, and service, 6361 and includinq Title Insurance 6411 Investment/Holdinq Offices 6712-6799 , Job Traininq & Vocational Services 8331 Justice, Public Order & Safety 9221. 9222. 9229 Labor Pool 7363 Labor Unions 8631 Lakes Operations 7999 Larqe Appliance Repair Service 7623 Leqal Services 8111 .E .E Leather Products 3131-3199 Libraries 8231 Local and Suburban Transit 4111-4121 Local and Suburban Transit 4131-4173 Lumber and Wood Products 2426. 2431- 2499 Manaqement & Public Relations 8741-8743. .E .E 8748 Manaqement Services 8711-8748 .E .E Marinas 4493.4499 .E .E Measurina, Analvzina and Controllina 3812-3873 Instruments Medical and Optical Goods 3812-3873 Medical Laboratories and Research & 8071. 8072. Rehabilitation Centers 8092 8093 Membership Oraanizations 8611-8699 P P Membershio Oraanizations 8311,8631 Membershio Oraanizations 8611 Membership Oraanizations 8611.8621 Misc. Manufacturina Industries 3911-3999 Miscellaneous Plastic Products Page 17 of95 Words struck through are deleted. words underlined are added - N - :;: M 'ii ~ ,... I I . P = permitted I e a: !:!: "u !:!: - ... ;;;.. CD - - - - - U U U u E - permitted with certain exceptions E u .;:: .;:: .;:: .;:: E .;:: - - - - - .!!! .!!! .!!! III 0 III Blank cell = prohibited (also see table of :0 "C "C "C "C 0 .c .c .c .c .c conditional and accessory uses) "C ::s ::s ::s ::s ::s Cl) 0 (/) (f) (/) (/) (/) "0 0 0 J: - ctI ctI ctI ctI () ... G c: :;:: :;:: :;:: :;:: 0 0 0 s:: c: c: c: ... .c ~ 't: CD CD CD CD (f) .g CD "C :E :E :E - - 'in III III III 'OJ U ctI CD CD CI) CI) z ";:: 3: a: a: a: a: - c .!!! c c c c c :;) "C :;) :;) :;) :;) :;) .c land Use Tvpe or Cateaorv :iE ::s :iE :iE :iE :iE :iE m (f) m m m m m Miscellaneous Repair Service 7622. 76290 E5 E6 7631 76996 Miscellaneous Repair Service 7622-7641 . 7699 Miscellaneous Repair Service 7622-7699 Miscellaneous Retail Services 5912. 5942- 5961 Miscellaneous Retail Services 5912-5963 , 5912-5963, Miscellaneous Retail Services 5992-5999 5912,5932- Miscellaneous Retail Services 5949, 5992- 1: 1: 5999 Mobile Home Dealers 5271 Motion Picture Production 7812-7819 Motion Picture Theaters 7832 Motor Freiqht Transportation and 4225 Warehousina Motor Homes 1: 1: 1: P Multi-Family Dwellinqs Museums and Art Galleries 8412 P P Nature Preserves Nature Trails Non-Depository Credit Institutions 6141-6163 Non-Depository Credit Institutions 6111-6163 Non-Depository Institutions 6011-6163 Non-Depository Institutions 6011.6019. 6081 6082 6021-6062. Non-Depositorv Institutions 6091.6099. 6111-6163 Nursino Homes 8051.8052. 8249 Office Machine Repair Service 7629-7631 Oil & Gas Exploration Open Space Outdoor Storaoe Yard Paint. Glass. Wallpaper Stores ~ Paper and Allied Products 2621-2679 5 Exceot Aircraft. business and office machines. larae aoollances. and white aoods such as refriaefators. and washlna machines. a Antiaue reoalr and restoration. exceot furniture and automotive only. bicycle reoalr shoos only and rod and reel reoair. Page 18 of 95 Words struck through are deleted, words underlined are added - N - ~ (t) Cii i ... I I I P = permitted I ~ a: ~ 'u ~ - ... ::;;;. - - - - Q) - (J (J (J (J E = permitted with certain exceptions E (J 't: .t: .t: .t: E 't: - - - - - en .!!! .!!! .!!! Blank cell = prohibited (also see table of 0 .!!! "0 "0 "0 "0 U "0 .c .c .c .c conditional and accessory uses) "0 .c :J :J :J :J Q) 0 :J (IJ (/) en en "0 0 (/) 0 .c - 1'0 1'0 1'0 1'0 () ... u c :;::: :;::: :;::: :;::: () 0 0 c c c c ... .c ~ 't: Q) Q) Q) Q) Cf) .c :2 "0 "0 "0 :2 - Q) 'in 'in 'in - en Q) (J 1'0 Q) Q) Q) Q) z .t: 3: a: a: a: a: - C en C C C C c :s :J .c :J :J :J :::> :::> Land Use Type or Category :E :J :E :E :E :E :E m en m m m co m Park Model Travel Trailers Park Service Facilities Parkinq Facilities E E Parkinq Services E E Parks. Public or Private P P Parochial Schools - Public or Private I 8211 Party Fishinq Boats Rental 7999 P Performinq Arts Theater? 7922 Personal Services 7291 E E 7212-7215, Personal Services 7221-7251 , 7291 Personal Services 7212,7215, 7221-7251 Personal Services 7212, 7291 P P 7211,7212. Personal Services 7215,7216, 7291 7299 7215, 7217, Personal Services 7219,7261. 7291-7299 Personal Services 7211-7219 Personal Services 7215-7231. 7241 Personal Services 7221,7291 Photoqraphic Goods 3812-3873 Photoqraphic Studios 7221 P P Physical Fitness Facilities 7991 Physical Fitness Facilities Pickup Coaches Plant and Wildlife Conservancies Plastic Materials & Synthetics 2821.2834 Play Areas and Playqrounds P P P P Pleasure Boat Rental P Printina and Publishina Industries 2711.2712 Prlntina and Publishina Industries 2711-2796 , Performance seatlna limited to 200 seats Page 19 of95 Words strl:lck throl:lgh are deleted, words underlined are added - N - ~ (I/) <<i ~ 'P'" I I . P = perm itted I e a: ~ '(3 e - ... ~ CIl - - - - - E = permitted with certain exceptions (,) (,) (,) (,) E (,) .>: '>: '>: .;: E .;: - - - - - II) II) .!!! .!!! 0 II) :0 Blank cell = prohibited (also see table of :0 '0 '0 '0 U ..0 ..0 ..0 ..0 ..0 conditional and accessory uses) '0 ::l ::l ::l ::l Q) 0 ::l (/) (/) en en "0 0 en - 0 .s:: - ca ca ca ca () ... G c: :;::: :;::: :;::: :;::: () 0 0 c: c: c: c: ..0 ~ ... CIl CIl CIl Q) (f) .s:: 't: '0 :2 :2 '0 :2 - CIl 'in 'in - II) II) CIl (,) ca CIl CIl CIl CIl Z .;: 3: a: a: a: a: - c .!!! c c c c c ::> '0 ::> ::> ::> ::> :J ..0 Land Use Type or Category ~ ::l ~ ~ ~ ~ ~ m (/) m m m m m 6712-6799. 6411,6311- Professional Offices 6399,6531 , .E .E 6541 , 6552. 6553 8111 Professional OrQanizations 8631 9111-9199. 9224. 9229. , 9311. 9411- Public Administration 9451 ,9511- .E .E 9532. 9611- 9661 Railroad Transportation 4011.4013 Real Estate 6531-6541 P P Real Estate 6521-6541 Real Estate 6512 6512-6514, Real Estate 6519.6531- 6553 Real Estate Brokers and Appraisers 6531 Real Estate Offices 6531.6541. 6552 6553 Recreational Service Facilities 7911-7941. Recreational Services - Indoor 7991-7993, 7999 Recreational Uses Recreational Vehicles Rehabilitative Centers 8093 Repair shops and related services. not 7699 .E elsewhere classified P Research Centers 8093 Research Services 8732 Residential uses p p p p P P Retail Nurseries. Lawn and Garden 5261 Rubber and Misc. Plastic Products 3021. 3052. 3053 Safety Service Facilities Schools. Dublic Schools - Vocational 8243-8299 Security Brokers. Dealers. ExchanQes. 6211 -6289 .E .E Services I Page 20 of 95 Words struck through are deleted, words underlined are added - N - ~ ('I') C\i ~ ~ I I I P = permitted I 5 a: !:; 'u 5 - .. :::;. - - - - E = permitted with certain exceptions GI - (J (J (J (J E (J .;;: .;;: .;;: .;;: E .;;: - - - - - .2! .2! .2! III Blank cell = prohibited (also see table of 0 .2! "C "C "C "C U "C .0 .0 .0 .0 .0 conditional and accessory uses) "C :::l :::l :::l :::l :::l (lJ 0 en en en en en -0 0 0 .c - C'O C'O C'O C'O () .. u c: .. .. .';:: .. () 0 0 c: c: c: c: .. .0 ~ 't: GI (lJ GI GI (/) .c :2 :2 :2 :2 :2 Q) - - III III III III GI U C'O GI GI GI Q) Z .;;: ~ a: a: a: a: - c .2! c c c c c ::> "C ::> ::> ::> ::> ::> .0 Land Use Tvpe or Category :E :::l :E :E :E :E :E m en m m m m m Shoe Repair Shops or Shoeshine Parlors 7251 P P Shootino ranqe. indoor 7999 Sinqle-Family Dwellinos E E E E Social Services 8322-8399 3221.3251 . Stone. Clay. Glass and Concrete Products 3253. 3255- I 3273. 3275. 3281 Storaqe Synthetic Materials 2834 T estinq Services 2211-2221 . Textile Mill Products 2241-2259, 2273-289, 2297 2298 Timeshare Facilities Title abstract offices 6541 Tow-in Parkinq Lots 7514.7515. 7521 Townhouses E E E E E Transportation by Air 4512-4581 3714,3716. 3731 , 3732, Transportation Equipment 3751 . 3761 , 3764. 3769, 3792 3799 Transportation Services 4724-4783. 4789 Travel Aqencies 4724 Travel Trailers 5561 Two-Family Dwellinq E E United States Postal Service 4311 E8 E8 Veterinarian's Office 0742 E9 E9 Veterinarian's Office 0752 P P Videotape Rental 7841 E10 p10 8 Excludes maior distribution center 9 Excludes outdoor kennelina 10 Limited to 1.800 sauare feet of aross floor area. Page 21 of95 Words struck through are deleted, words underlined are added ~ N - ~ C") iU ~ .... I I I P = permitted I ~ CC ~ '(j ~ - ... ;;... - - - - E = permitted with certain exceptions Gl - 0 0 0 0 E 0 .;: .;: ';: .;: E ';: - - - - - en en .!!! .!!! 0 en Blank cell = prohibited (also see table of u "C "C "C "C "C .c .c .c .c .c conditional and accessory uses) "C ::J ::J ::J ::J ::J <ll 0 (/) U'J (/) (/) (/) "0 0 0 .r:. - m m m Itl () ... [) c: += += += += () 0 0 c: c: c: c: ... .c i~ 'l: Gl Gl Gl Gl (j) .r:. Gl "C "C "C "C :2 - - 'iij 'iij 'iij 'iij Gl 0 m Gl Gl Gl Gl Z .;: 3: cc cc cc cc - c .!!! c c c c C ::J "C ::J ::J ::J ::J ::J :E .c :E :E :E :E :E Land Use Type or Category ::J aJ (/) aJ aJ aJ aJ aJ Vocational Rehabilitation Services 8331 Weldinq Repair 7692 Wholesale Trade 5148 5021 . 5031 , 5043-5049, Wholesale Trade - Durable Goods 5063-5078, 5091 , 5092, b094-5099 5111-5159. Wholesale Trade - Nondurable Goods 5181,5182, 5191 Wildlife Conservancies 9512 Wildlife Manaqement 0971 Wildlife Refuqe/Sanctuary Wildlife Sanctuaries Watches/Clocks 3812-3873 Table 2. Land Uses that May be Allowed in Each Subdistrict as Accessory or Conditional Uses. C = conditional use A = accessory use ACCESSORY AND ~I~I ~I~I ~13:1 ~I;fl ~1~1 ~1~1 ~I~I CONDITIONAL USES Administrative or service buildina Adult day care 8322 Aqricultural: animal & livestock breedinq, exotic aquaculture, aviary, diary or poultrv plant. eqQ production, exotic animals, ranchinq, or wholesale reptile breedina Aqricultural Aaricultural services 0741.0742, 0752-0783 Amusement & recreation services 7911 7911 -7941 . Amusement & recreation services 7991-7993. 7997 7999 Amusement & recreation services 7948.7992. 7996 7999 Anclllarv olants Animal control , Page 22 of 95 Words struck throMgh are deleted, words underlined are added C = conditional use A = accessory use . ACCESSORY AND ~I~I ~I~I ~I~I ~1~1 ~I~I ~I~I ~I~I CONDITIONAL USES Aquariums 8422 Archery ranqes 7999 Assisted livinq facilities Auctioneerinq Services, auction rooms 7389.5999 and houses Automotive dealers and qasoline service 5521. 5551. 5561. stations 5599 Automotive rental/leasinq 7513.7519 Beach chair, bicycle, boat or moped rentals Bed & breakfast facilities 7011 C C Boat Rental 8 Boathouses I AB 8 8 Boat ramps 8 Boat yards AB 8 Botanical qarden 8422 Bottle clubs 5813 Campinq cabins Care Units Caretaker's residence Cateqory II qroup care facilities Cemeteries Chemical products 2812-2899 Child day care 8351 C C Churches & places of worship 8661 Civic & cultural facilities Clam nurseries Cluster development Cocktaillounqes 5813 Collection/transfer sites Commercial uses Communications 4812-4841 Communication towers Community centers Community theaters 7922 Concrete or asphalt plants Continuina care/retirement centers B Only on waterfront property Page 23 of 95 Words stnlck through are deleted, words underlined are added C = conditional use A = accessory use ACCESSORY AND ~I~I ~I~I ~I~I ~I~I ~I~I ~I&I ~I~I CONDITlONAL USES Convenience stores 5411 Dancinq establishments & staqed entertainment Depositorv institutions 6011-6099 Detention facilities Docks ~ ~ ~ Drinkinq establishments 5813 Drivinq ranqes Earth mininq Eatinq establishments 5812 Education services 8211-8222 Education facilities: public & private . schools 8211-8231 Electric qeneratinq plants Electric. qas, & sanitary services 4911-4971 Excavation Extraction related processinq and oroduction Fabricated metal products 3482-3489 -- Farm labor housinq Farm product raw materials 5153-5159 Field crops Fish inq/h untina/trappinq 0912-1919 Food products 2011.2048 Food service Food stores (over 5,000 s.f.) 5411-5499 Fraternallodqes, private club. or social clubs Fuel dealers 5983-5989 Fuel facilities C9 Funeral services & crematories 7261 Garaae ~ ~ ~ ~ Gas aeneratinQ olants Gift shops 5947 Golf club house Golf course Golf drivine ranee Group care units 9 For watercraft only. (Not as an auto gas station or fueling center). Page 24 of 95 Words stnlck thro~gh are deleted. words underlined are added C = conditional use A = accessory use ACCESSORY AND ~I~I ~1~1 ~I~I ~I~I ~I~I ~I~I ~I~I CONDITIONAL USES lD___ --- Guesthouses 8 8 8 8 Health services 8011 Homeless shelters 8322 Hospitals 8062-8069 Hotels and motels 7011 , 7021. 7041 Huntinq cabins Incinerators Jails Justice. public order & safety 9211-9224 Kennels & kennelinq 0742.0752 . Kiosks Leather tanninq & finishinq 3111 Livestock Local and suburban transit 4111-4121 Local and suburban transit 4131-4173 Lumber and wood products 2411-2421 , 2429 Maintenance areas Maior maintenance facilities Marina 4493.4499 Mental health facilities Merchandise - outdoor sales Miniature qolf course 7999 Mixed residential and commercial Model homes and model sales centers Motion picture theaters 7832 Motion picture theaters 7833 Motor freiqht transportation and 4212. 4213- warehousina 4225 4226 Motor freiaht transportation and 4225.4226 warehousina Noncommercial boat launchina ramps Nurserv - retail 5261 Nursina and oersonal care facilities 8062 Nursinc homes Oil and cas extraction 1321.1382 Oil & aas field develooment and oroduction Outdoor disolav Page 25 of 95 Words struck through are deleted, words underlined are added C = conditional use A = accessory use ACCESSORY AND ~l ~l_ ~I~I ~I~I il~1 _il~_~ ~I~~ II~I CONDITIONAL USES ----- -,- Packinqhouse ~_.- Paper and allied products 2611 -~_._--~_._-- Personal services 7291 -- Petroleum refininq and related 2911-2999 ._-_._-~_..._------------- -_.~-- -- Pistol or rifle ranqe ----.- -_._-----_.._~-_..---_._--------_._._--~~---- --~- - ._.__.'.-. ---.-.. ---- ---_.--.~--_. Play areas and playqrounds --.---- -.-....----- ..,.__._-_._--"--~---"------- - --- -- -- --~- ----- Poultry raisinq (small) Primary metal industries 3312-3399 f------------- --------- - - Private boathouse and docks A A ~ A -----------~.._--_.. ---- Private clubs -------- I ---- Private landinq strips _.._---_....-_._._------_._-_._._~-_._-_._--_..~- -- ----- Pro shops (Iarqe) --------~--_._---- -- --------. -..--- Pro shops (small) -------- --- ~--_. Recreational facilities -- -- ---- .---.-.- Recreational services __________._ ._'____n________'._________.__'. ..._____._________________ ----- -,---- -.----- ----- _u -- Refuse systems 4953 ------_.._.--._---_._-------_._---~----------- -~----- -- -- -----.- -- ____ Rehabilitative centers 8093 1- ----~---------_. ._-_._~ ---------- -_._-_._~- --- '.-'--'---".-- Repair or storaqe areas ---_._--~._---~------_.__._"..- -- Residential uses -------------- Resource recovery plant Restaurant (small) or snack shop 5812 1---- Restaurant (Iarqe) 5812 -- Retail shops or sales ~~-------_.. ~ Rubber and misc. Plastic products 3061-3089 Sanitary landfills Sawmills Schools, public or private Schools. private Schools. vocational 8243-8299 Service facilities SlauQhterinq plants 2011 Social association or clubs 8641 Social services 8322-8399 SouP kitchens Sports instructional camps or schools Staaed entertainment facility Page 26 of 95 Words struck through are deleted, words underlined are added C = conditional use A = accessory use ACCESSORY AND ~I~I ~I~I ~I~I ~I~I ~1~1 ~1~1 ~I~I CONDITlONAL USES 3211 . 3221 , Stone. clav. qlass and concrete products 3229.3231 , 3241 , 3274. 3291-3299 Swimminq pools - public Swimminq pools -private A A A A A A Storaqe. enclosed Tennis facilities 2231. 2261- Textile mill products 2269,2295. 2296 Transfer stations 4212 Veterinarian's office 0741-0742 Wholesale trade - durable qoods . 5015, 5051. 5052 5093 5162,5169, Wholesale trade - nondurable qoods 5171.5172, 5191 Yacht club 7997 Zoo SUBSECTION 3.D. AMENDMENTS TO SECTION 2.03.07 OVERLAY ZONING DISTRICTS Section 2.03.07 Overlay Zoning Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: Section 2.03.07 Overlay Zoning Districts J. Goodland Zoning Overlay "GZO". To create design guidelines and development standards that will assure the orderly and appropriate development in the unincorporated area generally known as Goodland. The Goodland Zoning Overlay district (GZO) is intended to provide regulation and direction under which the growth and development of Goodland can occur with assurance that the tropical fishing village and small town environment of Goodland is protected and preserved, and that development and/or redevelopment reflect the unique residential and commercial characteristics of the community. The boundaries of the Goodland Zoning Overlay district are delineated on Map 1 below. 1. Permitted uses. The following uses are permitted as of right in this subdistrict: Rosorvod. a. Clam nursery. subiect to the following restrictions: i. A "clam nursery" is defined as the arowina of clams on a "raceway" or "flow-throuah saltwater system" on the shore of a lot until the clam reaches a size of approximately one-half inch. Ii. For the purposes of this section. a "raceway" or "flow-throuah salt water system" is defined as a piece of plywood or similar material fashioned as a table-like flow through system desianed to facilitate the arowth of clams. Page 27 of 95 Words struck throHgh are deleted, words underlined are added iii. At no time may a nursery owner operate a raceway or raceways that exceed a total of 800 square feet of surface area. iv. The nursery must meet the requirements of a "minimal impact aquaculture facility" as defined by the Department of AQriculture. v. The nursery must not be operated on a vacant lot, unless both of the followinQ requirements are met: a) The vacant lot is owned by the same individual who owns a lot with a residence or habitable structure immediately adjacent to the vacant lot; and b) The vacant lot must not be leased to another individual for purposes of operatinQ a clam farm within the RSF-4 and VR zoninQ districts. vi. At no time will a nursery owner be allowed to feed the clams, as the clams will be sustained from nutrients occurrinQ naturally in the water. vii. Only the property owner or individual in control of the property will be allowed to operate a raceway on the shore off his property within the VR and RSF-4 zoninQ districts. In other words, a landowner must not lease his property to another individual to use for purposes of operatinQ a clam nursery. viii. Any pump or filtration system used in conjunction with the nursery must meet all applicable County noise ordinances and must not be more obtrusive than the averaQe system used for a non-commercial pool or shrimp tank 2. Conditional uses. The following uses are permitted as conditional uses in this subdistrict: a. Clam nursery, subject to the follm"Jing rostrictions: 1) 1\ "clam nursery" is defined as the growing of clams on a "raceway" or "flo'..., through saltwater system" on the shoro of a lot until the clam reachos a sizo of approximately one half ~ 2) For the purposes of this soction, a "raco'l.'ay" or "flow through salt wator systom" is dofinod as a pieco of plywood or similar matorial fashioned as a tabla like flow through F3ystom designod to facilitate tho groll.'th of clams. 3) At no time may a nursery m...nor oporate a . raceway or racoways that excood a total of 800 square foot of surfaco afaa,. 4) Tho nursory must meet tho roquiremonts of a "minimal impact aqu:lculture facility" as definod by the Departmont of Agriculturo. S) Tho nursory must not be oporated on a vacant lot, unloss both of the following roquiroments aro met: I. The 'Jacant lot is o'/mod by tho same indi'Jidual INho owns a lot with a residence or habitablo structuro immediatoly adjaGent to tho vacant lot; and II. The vacant lot must not bo leased to another individual for purposes of operating a clam farm within the RSF '1 and VR zoning districts. &) At no time will a nursory ownor bo allol::od to feed the olams, as thQ clams will be sustained from nutrients occurring naturally in tho water. Page 28 of 95 Words struck through are deleted, words underlined are added 8) Only tho proporty olNnor or individual in control of tho proporty 'Nill bo allowod te oporato a raco'Nay on the shore off his proporty 'l.'ithin the VR and RSF 4 zoning districts. In other words, 3 13ndo'lmor must not 103so his property to anothor individual to use for purposos of oporating a clam nursory. I\ny pump or filtration systom usod in conjunction \\'ith tho nursery must moot all applicablo County noise ordinances and must not bo mora obtrusive than the average system usod for a non commercial pool or shrimp tank 7) Reserved. SUBSECTION 3.E. AMENDMENTS TO SECTION 2.03.07 OVERLAY ZONING DISTRICTS Section 2.03.07 Overlay Zoning Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: N. GATEWAY TRIANGLE MIXED USE OVERLAY DISTRICT. Special conditions for the properties in and adiacent to the Gateway Trianole as referenced on GTMUD Map 1; and further identified by the desionation "GTMUD" on the applicable official Collier County Zoni(lO Atlas Map or map series. 1. Purpose and Intent The purpose and intent of this District is to encouraoe revitalization of the Gateway Trianole portion of the Bayshore / Gateway Trianole Redevelopment Area with Traditional Neiohborhood Desiqn (TND) projects. TNDs are tvpically human-scale. pedestrian-oriented, interconnected projects with a mix of commercial uses includino retail, office and civic amenities and residential that complement each other. Residential uses are often located above commercial uses, but can be a separate area of residential only with close proximity to commercial uses. An interconnected street system is the basis for the transportation network. Buildings are located near the street with on street parkinq and off street parkinq on the side or in the rear of the parcel. This District is intended to: revitalize the commercial and residential development. encouraqe on street parkino and shared parkinq facilities and provide appropriate landscapinq and buffering between the various types of uses; and protect and enhance the nearby Shadowlawn residential neiqhborhood. The types of uses permitted are hotels, retail. office, personal service and residential uses. 2. Applicability a. These requlations shall apply to the Gateway Trianqle Mixed Use Overlay District as identified on GTMUD Map 1 and further identified by the desiqnation "GTMUD" on the applicable official Collier County Zoninq Atlas Maps. Except as provided in this section of the LDC, all other uses, dimensional and development requirements shall be as required in the applicable underlyino zoninq classification. b. Existino Planned Unit Developments (PUOs) are not included in the Gateway Trianole Mixed Use Oistrict requirements: however. PUOs approved after [the effective date of this ordinance] are included in the Gateway Trianole Overlay Oistrict and must comply with the requirements stated herein. c. Property owners may follow existino Collier County Land Development Code reoulations of the underlyino zonino classification. or may elect to develop/redevelop under the mixed use provisions of the GTMUO Mixed Use (MXO) Subdistrict of this overlay. throuoh a mixed use prolect approval from the BCC. Page 29 of 95 Words strl:lck through are deleted, words underlined are added However, in either instance. GTMUD site development standards are applicable, as provided for in section 2.03.07 N.5.d. of this Code. GTMUD Map No.1 n GTNUD-IIIXD (e-5) --.,----- . I fiitMUD-MXD I (C-4) , , , Jl___I.._ I --1-=- -I ____~~L I, 11_ OTlolUD-R (RMF-e) -..- eRA Boundary _ - ~- ## t'\..J 'I: 11 I [' II NORTH Gateway Triangle Mixed Use Overlay DIstrIct GTMUD-UXD Mixed Uaa Subdlatrlct GTMUD-R R..ldenllal Subdlatrlcl (XXX) Under Lying Zoning Dlalrtcla Future Land Use ~ Activity Center 16 III I. 1--- _ j~ !,111 II:' 3. Mixed Use Proiect Approval Process. a. Owners of property in the Mixed Use Subdistrict (GTMUD-MXD) may petition the Board of County Commissioners for mixed use proiect approval. The application for MUP approval shall acknowledqe that the owner shall not seek or request, and the County shall not thereafter qrant or approve. any additional uses beyond those allowed in the C-1 throuqh C-3 zoninq districts. The application shall be accompanied bv a conceptual site plan demonstratinq compliance with the criteria in section 10.03.05.G. . b. There shall be a public hearinQ before the BCC leoallv noticed and advertised pursuant to section 10.03.05.G. If approved bv the BCC, such approval shall be bv resolution. c. Once a Mixed Use Proiect has been approved bv the BCC. the applicant shall submit a site development plan (SDP). based upon the conceptual site plan approved bv the BCC and meetino the requirements of section 10.02.03 B.1. of this Code. to the Community Oevelopment and Environmental Services Division within six months of the date of approval. This SDP must be determined as sufficient and accepted for review bv the Division within 30 days of submittal. After the SOP has been approved. the approved proiect shall be identified on the Collier County official zoning atlas map. usino the Page 30 of 95 Words struck through are deleted. words underlined are added map notation MUP. If a MUP approval expires, as set forth below, the map notation shall be removed from the official zoninq atlas map. The burden is on the applicant to submit an SDP application in a timely manner, to be responsive to the County's SDP review comments, and to commence construction in a timely manner after SDP approval has been qranted. d. MUP approval shall expire and any residential density bonus units shall be null and void if any of the followinq occur: i. The SDP is not submitted within six months of MUP approval by the BCC. ii. The SDP is not deemed sufficient for review within 30 days of submittal. iii. The SDP under review is deemed withdrawn and cancelled, pursuant to section 10.02.03.BA.a. iv. The SDP is considered no lonqer valid, pursuant to section 1 0.02.03.BA.b. and c. e. Once a property owner, throuqh a MUP approval, elects to develop or redevelop a mixed use project under the Mixed Use Subdistrict (GTMUD-MXD), then the property shall be developed in compliance with all provisions of the overlay and cannot revert back to the underlyinq zonino district. 4. Bonus Densitv Pool Allocation Under the Collier County Future Land Use Element, 388 bonus density units are available for reallocation within the Bayshore/Gateway Trianqle Redevelopment Overlay. The County Manaoer or desiqnee will track the Bonus Densitv Pool balance as the units are used. These 388 bonus density units may be allocated between this GTMUD overlay and the Bayshore Mixed Use District Overlay BMUD), and shall only be allocated throuoh the MUP approval process. To qualify for up to 12 dwellina units per acre. projects shall comply with the followinq criteria. The density of up to 12 dwellina units per acre is only applicable until the bonus density pool has been depleted. a. The project shall be within the Mixed Use Subdistrict. and shall be a mixed use proiect - mix of commercial and residential uses. b. Base density shall be as per the underlyinq zoning district. The maximum density of 12 units per acre shall be calculated based upon total project acreaoe. The bonus densitv allocation is calculated by deductino the base density of the underlvino zonino classification from UP to the 12 unit maximum beino souoht. The difference in units per acre determines the bonus density allocation requested for the project. c. For proposed proiects outside the Coastal High Hazard Area (CHHA), as depicted on the Future Land Use Map of the Growth Manaoement Plan. any elioible density bonuses. as provided in the Density Ratino System of the FLUE. are in addition to the eligible densltv bonus provided herein. d. For proposed proiects within the CHHA. onlv the Affordable Housing Density Bonus. as provided in the Density Ratino System of the , Page 31 of95 Words struck through are deleted, words underlined are added FLUE, is allowed in addition to the eliQible bonus density units provided herein. e. Properties must be lyinQ south of Davis Blvd. and west of Airport- Pullinq Road. 1. The proiect shall comply with the standards for mixed use development set forth in the Gateway TrianQle Mixed Use Overlay District. g. For proiects that do not comply with the requirements for this density increase, their density is limited to that allowed by the Densitv Ratinq System and applicable FLUE Policies. 5. Gateway Trianqle Mixed Use District (GTMUD) Subdistricts a. Mixed Use Subdistrict (GTMUD-MXD). The purpose and intent of this subdistrict is to provide an option to current and future property owners by encouraqinq a mixture of low intensity commercial and residential uses on those parcels with frontage on US 41 , the south side of Davis Boulevard, and Airbort-Pullinq Road. Included also is the "mini trianqle" formed by US 41 on the South, Davis Boulevard on the North and Commercial Drive on the East. Developments will be pedestrian- oriented and reflect building patterns of traditional neiqhborhood desiqn. For mixed use proiects only, subiect to the MUP approval process in Sec. 2.03.07.1.3., refer to Tables 1 and 2 for permitted uses. Otherwise, permitted uses are in accordance with the underlyinq zoninq district. b. Residential Subdistrict (GTMUD-R). The purpose of this Subdistrict is to encouraqe the development in the Shadowlawn neiqhborhood a mixture of residential housinq types. Refer to Tables 1 and 2 for permitted uses in this Subdistrict. c. Mixed Use Activity Center Subdistrict. Portions of the Gateway Trianqle Mixed Use District coincide with Mixed Use Activitv Center #16 desiqnated in the Future Land Use Element (FLUE) of the Collier County Growth Manaqement Plan. Development standards in the activity center is qoverned by requirements of the underlyinq zoning district requirements and the mixed use activity center subdistrict requirements in the FLUE, except for site development standards as stated in section 4.02.35 of this Code. d. All subdistricts. Development within all subdistricts of the GTMUD shall be subiect to the site development standards as stated in sections 4.02.35 and 4.02.36, as applicable. The subdistrict site development standards shall also applv to property developed in conformance with the underlyinQ zoninQ classification. * * * * * * * * * * * * * SUBSECTION 3.F. AMENDMENTS TO SECTION 2.03.07 OVERLAY ZONING DISTRICTS Page 32 of 95 Words struck through are deleted, words underlined are added Section 2.03.07 Overlay Zoning Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: ~ DDr1i'J'DrN Cf1fJ'iR caJlJllICJL SlJ.B1Jlgr1Ul..'f' II/U.III tIlIIlM'T, I!DIlmI = W =Ejg ~~VIP&.":tV\lliWJ . . _ EJ:j ~. '1 1: ~Wn H >- - r-- ....",h. t-..J.;. ."j / __ r- - -.... .... ..... ....~I\_ -fi,,} t _ .... "'" ..... fw'. /i. _~ c . ~ I 5 H ;rr r-,-' } "'. ~,., I I : ~~ n , = - -[ I I - - - I _ !!!!!:........ _ .... II II - r-- ffiffiffiE>-i - ~lr IJ II [ ~ LC -- r- : - I. III ",..., .......J __...... ~ II II 1 I - JI . .. - III ... ~ ~~ ~"'.{ T111 ~ >' )( __H ~~} ~IIII J>;r~~~ . :t t: "'~I ~~ L...l .... _>- ~ 1 ...:{'\6 ~\ 1 \.. - ~ ~~ W~ T ~; \Y\Yf)'~ IV F I- , L-- 4 - I, - i- >- II ~ . I _HI ~.... I~ _~ -\!' - - - - - - - -. .... '< I 1 I 1 Y ~ ~ -11I"- ~ m ~ ~~~ 1/ r \ \ '\ I-' ! ~ ~ PIIPNIED BY! IltAD AIID TEalMIW.!!t.AlllllT IE1DI IXM1IUlIlY ~T .IIll !1MIIlIIUOO,lL !II'f/:a m ~!I1111 ru:: ~ atrr.: 11/7>>4 K!: " I I I . - ~ ~UD IIfHIOf1I CI\ftIl IlIIWIIIIlLIL ~ID' O. Golden Gate Downtown Center Commercial Overlay District "GGDCCO": Special conditions for properties in the vicinity of Golden Gate Parkway in Golden Gate City, as identified on the Golden Gate Oowntown Center Commercial Subdistrict Map of the Golden Gate Area Master Plan and as contained herein. 1. Purpose and intent. The purpose and intent of this overlay district is to encouraoe redevelopment herein in order to improve the physical appearance of the area and create a viable downtown district for the residents of Golden Gate Citv and Golden Gate Estates. Emphasis shall be placed on the creation of pedestrian-oriented areas. such as outdoor dinino areas and pocket parks. which do not impede the flow of traffic alono Golden Gate Parkway. Also. emphasis shall be placed on the construction of mixed-use buildlnas. Residential dwelllna units constructed in this overlay district are. intended to promote Page 33 of 95 Words struck through are deleted. words underlined are added resident-business ownership The provisions of this overlav district are intended to ensure harmonious development of commercial and mixed-use buildinQs at a pedestrian scale that is compatible with residential development within and outside of the overlav district. 2. Aooreoation of properties. This overlav district encouraoes the aooreoation of properties in order to promote flexibilitv in site desion. The types of uses permitted within this overlav district are low intensity retail. office, personal services. institutional, and residential. Non- residential development is intended to serve the needs of residents within the overlav district. surrounding neiohborhoods, and passersby. 3. Applicabilitv. These reoulations applv to properties in Golden Gate Cit~ Ivino north of Golden Gate Parkway. oenerallv bounded bv 23r Avenue SW and 23rd Place SW to the north, 45th Street SW to the west, and 41 st Street SW and Collier Boulevard to the east. South of Golden Gate Parkway, these reoulations applv to properties bounded bv 25th Avenue SW to the south, 47th Street SW to the west. and 44th Street SW to the east. These properties are more preciselv identified on Map 17, "Golden Gate Downtown Center Commercial Subdistrict" of the Golden Gate Area Master Plan .and as depicted on the applicable official zbnino atlas maps. Except as provided in this reoulation. all other use, dimensional and development requirements shall be as required or allowed in the underlvino zoning districts. 4. Permitted uses. Permitted uses within the GGDCCO include the uses listed below and those uses identified in Chapter 2, Table 1. "Permissible Land Uses in Each Zonino District". a. Residential uses: permitted bv riQht in the existino residential zoning districts, except as otherwise prohibited bv this zonino overlav. I. in a mixed use buildinQ II. in an existino owner occupied structure iii. in an existino non-owner occupied structure, until such time as cessation is required bv section 4.02.37 1. of this Code. 5. Conditional uses. Conditional uses within the GGDCCO include the use listed below and those uses identified in section 2.04.03 of this Code: Table 2 -"Land Uses that Mav be Allowable in Each Zonino District as Accessorv Uses or Conditional Uses". a. Outdoor dinino areas, not directlv abuttinQ the Golden Gate Parkway riQht-of-wav. 6. Prohibited uses. Prohibited uses within the GGDCCO include the uses listed below and those uses, prohibited, bv omission. in section 2..04.03 of this Code: Table 1. "Permissible Land Uses in Each Zonino District". a. New residential-only structures b. Any commercial use emoloYina drive-up. drive-in or drive throuoh delivery of Qoods or services. c. SexuallY oriented businesses (Code of Laws, 26-151 et sea.). SUBSECTION 3.G. AMENDMENTS TO SECTION 2.04.03 Table of Land Uses In Each Zoning District Page 34 of 95 Words struck through are deleted, words underlined are added Section 2.04.03. Table of Land Uses in Each Zoning District, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: P = permitted E = permitted with certain exceptions "'0 Blank cell = prohibited (also see table of conditional and .!!O ;o~ accessory uses) oc", cC)c: Q) ::~::: "0 0 o ~ ~ 0 ~ m ~ c_ o :: ....c: o OJ () (j) c > c: land Use Type or Categoryl 0- OJ-8 iii .!'!'! () C) u 0 ...Cl C OJ Cl OJ E E 'tl E~ '0 Oa: C) o. Accounting Services , 8721 P Administrative Service Facilities Adult Day Care Facilities & Centers 8322 Agricultural Activities Agricultural Outdoor Sales Agricultural Services 0741.0742, 0752-0783 0711,0721, Agricultural Services 0722-0724, 0762, 0782, 0783 Agricultural Services 0723 Aircraft and Parts 3721-3728 Airport - General Aviation Amusement & Recreation Services 7911,7991 Amusement & Recreation Services 7999 tourist auides only Ancillary Plants Apparel & Other Finished Products 2311-2399 P = permitted E = permitted with certain exceptions - ~o c ol~ Blank cell = prohibited (also see table of conditional and OJO oC", accessory uses) Q) c C)lli ::~'" "0 o ~If 0 0 - ca I c_ o :: ... o ~ land Use Type or Categoryll U5 c 0.5 OJ- - ca ca 'u C) ... c OJ OJ E 'tl ~II ~ Apparel & Accessory Stores 5611-5699 p Page 35 of 95 Words struck through are deleted, words underlined are added Appraisers Architectural, Engineering, Surveying Services 0781,8711- E(a) 8713 Assisted Living Facilities Attorney Offices & Legal Services 8111 p Auctioneering Service, Auction Rooms and Houses 7389,5999 Auto and Home Supply Store 5531 p Automobile Parking 7521 Automotive Repair, Services, and Parking 7514,7515, 7521,7542 Automotive Repair, Services, and Parking 7513-7549 Automotive Services 5511, 5531, Automotive Dealers and Gasoline Service Stations 5541, 5571, 5599 Barber Shops or Colleges 7241 Beauty Shops or Schools I 7231 Biking Trails Bowling Centers 7933 Building Construction 1521-1542 Building Materials 5211-5261 Building Materials, Hardware, Garden Supplies 5231 - 5261 Business Associations 8621 Business Repair Service P 7311,7313, 7322-7331, Business Services 7338, 7361, P 7371, 7372, 7374-7346, 7379 7311-7313, Business Services 7322-7338, p 7361-7379, 7384 7311,7313, Business Services 7322-7338, 7384 7311-7313, Business Services 7322-7338, 7361-7379, 7384, 7389 P = permitted E = permitted with certain exceptions "0 Blank cell = prohibited (also see table of conditional and .!!U Cu accessory uses) ~ cl~ Q) C g ~ "C ~ -II 0 t) i~ t) o ~ Land Use Type or Categorylll Ci5 c O.E .!! iii IV '6 C) .. C Q) Q) E- 'C Eli ~ 8. Business Services 7311-7352, E(b) 7359, 17361. Page 36 of 95 Words struck through are deleted, words underlined are added 7397, 7389 Business Services 7311-7353, 7359 7312,7313, Business Services 7319, 7334- 7336, 7342- 7389 Business Services 7311 7312.7313, 7319,7331, 7334-7336, Business Services 7342, 7349, 7352, 7361, 7363, 7371- 7384, 7389 7311,7313, 7322-7331 , Business Services 7335-7338, 7361,7371, 7374-7376, 7379 Business/Office Machines Canoe Rental , Canoeing Trails Care Units Carwashes 7542 Category II Group Care Facilities Child Care - Not for Profit Child Day Care Services 8351 Churches & Places of Worship .... Civic and Cultural Facilities Collectionffransfer Sites Commercial Printing 2752 Communications 4812-4841 Communications 4812-4899 Communication Towers Construction Construction - Heavy Construction - Special Trade Contractors 1711-1799 Page 37 of 95 Words stnlek through are deleted, words underlined are added P = permitted E = permitted with certain exceptions "0 Q) "0 !u Blank cell = prohibited (also see table of conditional and 0 ; UI~ () uc't) accessory uses) () cC)c (/) 3:~::: o ~ ~ E cu S ==;:~ o CD C > c 0'- C Iv CD-8 Land Use Type or ategory -Ill III .- C) u c ..Cl CCDCl CD E 2 'C E~ '0 0" C) u!" Continuing Care Retirement Communities Depository Institutions 6011-6099 Depository Institutions 6011,6019, 6081,6082 6021-6062, Depository Institutions 6091,6099, I 6111-6163 Depository Institutions 6021-6062 Drinking Establishments and Places 5813 Drug Stores 5912 Drugs and Medicine 2833-2836 Duplexes E(I) - Dwelling Units Eating Establishments and Places 5812 E(d) - Educational Plants Educational Services 8211-8231 Educational Services 8243-8249 Educational Services 8221-8299 Educational Services 8211-8244, 8299 Electronic Equipment & Other Electrical Equipment 3612-3699 Engineering, Accounting, Management and Related Services 8711-8748 Engineering, Accounting, Management and Related Services 8711-8713 E(a) Equestrian Paths Essential Services 10 E(a) Excavation Fabricated Metal Products 3411-3479, 3419-3499 Fairgrounds Family Care Facilities Fishing Piers Fish ing/HuntingfTrapping 0912-1919 10 For reauirements oertainina to Essential Services, see 2.01.03 Page 38 of 95 Words struck throHgh are deleted, words underlined are added P = permitted E = permitted with certain exceptions "0 Blank cell = prohibited (also see table of conditional and .so ~o~ accessory uses) o c" c::C)c: Q) ::~;:: "0 o ~ ~ 0 () E IV ~ () ::-=~ o Gl 0 CJ) c > c: o- Land Use Type or CategoryV ~iii~ IV .- 0 C) ~ ~ c:: Gl ~ Gl E ~ '0 E.'! '0 o III C) o~ Fixture Manufacturing 2034, 2038, 2053,2064, Food Manufacturing 2066. 2068. 2096, 2098. 2099 Food Products I 2011-2099 Food Stores 5411, 5421- P 5499 Food Stores 5411-5499 p Fraternal Organizations Funeral Services and Crematories 7261 Furniture & Fixtures Manufacturing 2511-2599 Gasoline Services Stations 5541,5511- 5599 General Contractors 1521-5261 General Merchandise Stores 5311-5399 P Glass and Glazing Work 1793 Golf Courses 9111-9222, 9224-9229, Government Offices/Buildings 9311,9411- 9451 . 9511- 9532, 9611- 9661 Group Care Facilities Gunsmith Shop 7699 Hardware Stores 5251 p Health Food Stores Health Services 8011-8049 p Health Services 8011-8049, p 8082 8051-8059, Health Services 8062-8069, 8071, 8072, 8092-8099 Heavy Construction 1 611-1 629 Hiking Trails Home Furniture, Furnishings, Equipment Store 5713-5719, 5731-5736 P Home Furniture, Furnishings, Equipment Store 5712-5736 P Page 39 of 95 Words stnwk through are deleted, words underlined are added P = perm itted E = permitted with certain exceptions "'0 Blank cell = prohibited (also see table of conditional and !u cu~ accessory uses) 4lc uCl" c c Q) ::I~ ::: "0 o ~ l!! 0 - l\l ~ U c_ o :: ... .. o 41 B Land Use Type or CategoryVI U5 c 0= 4l-S - l\l U l\l'- c Cl ~ ~ C 41 ~ 41 E B 'C EI~ '0 Oa: Cl u. Home Supply Store 5531 p Hotels and Motels 7011, 7021, 7041 Hotels and Motels 7011 Houseboat Rental 7999 Individual & Family Social Services . Industrial Inorganic Chemicals 2812-2819 Industrial, Commercial, Computer Machinery and Equipment 3511-3599 Insurance Agencies, Brokers, Carriers 6311-6399, p 6411 Insurance Agencies, Brokers, Carriers 6311-6361, 6411 Insurance agents, brokers, and service, including Title 6361 and 6411 Insurance Investment/Holding Offices 6712-6799 Job Training & Vocational Services 8331 Justice, Public Order & Safety 9221,9222, 9229 Labor Unions 8631 Lakes Operations 7999 Large Appliance Repair Service 7623 p Leather Products 3131-3199 Libraries 8231 p Local and Suburban Transit 4111-4121 Local and Suburban Transit 4131-4173 Lumber and Wood Products 2426, 2431- 2499 Management & Public Relations 8741-8743, p 8748 Management Services 8711-8748 Marinas 4493,4499 Measuring, Analyzing and Controlling Instruments 3812-3873 Medical and Optical Goods 3812-3873 Medical Laboratories and Research & Rehabilitation Centers 8071, 8072, 8092,8093 Membership Organizations 8611-8699 E(f) Membership Organizations 8611,8631 Page 40 of 95 Words strl:lck through are deleted, words underlined are added P = perm itted E = permitted with certain exceptions ~6 Blank cell = prohibited (also see table of conditional and .l!!u liiU~ accessory uses) u C" t:C):; Ql 3d~ N -c o ~ III 0 - ell ~ () t:_.. g == ~ B o > C vII (J) co; Land Use Type or ategory .l!! i\i 0 elI'- 0 C) u c ~Cl t: Ql Ql E g '0 E - '0 .!! Oel:! C) u. Membership Organizations 8611 Membership Organizations 8611,8621 Misc. Manufacturing Industries 3911-3999 Miscellaneous Plastic Products Miscellaneous Repair Service 7629-7631 p Miscellaneous Repair Service 7622-7641 , 7699 Miscellaneous Repair Service 7622-7699 Miscellaneous Retail Services 5912,5942- E(a) 5961 Miscellaneous Retail Services 5912-5963 E(a) (g) - Miscellaneous Retail Services 5912 -596323, 5992-599924 E(a) (g) (h) (i) 5912, 5932- Miscellaneous Retail Services 5949, 5942- 5961 , 5992- 5999 Mixed Residential and Commercial Uses E(I) Mobile Home Dealers 5271 Mobile Homes Modular Built Homes Motion Picture Production 7812-7819 Motion Picture Theaters 7832 Motor Freight Transportation and Warehousing 4225 Motor Homes Multi-Family Dwellings E(I) Museums and Art Galleries 8412 p Nature Preserves Nature Trails Non-Depository Credit Institutions 6141-6163 Non-Depository Credit Institutions 6111-6163 Non-Depository Institutions 6011-6163 Non-Depository Institutions 6011,6019, 6081,6082 6021-6062, Non-Depository Institutions 6091,6099, 6111-6163 Page 41 of 95 Words strl:lck through are deleted, words underlined are added P = perm itted E = permitted with certain exceptions ~6 Blank cell = prohibited (also see table of conditional and !o Co accessory uses) ~ o~ cCJc Q) ;:~~ "0 o ~ CIl 0 ... co t () C Ie ;:;:.. 5:2 o eIlG o > c C vIII en o- Land Use Type or ategory ! iU 8 ~ 'uo ~~ s:: ell ~ CIl E 2 't:l E.!i <5 0" CJ o~ Nursing Homes 8051, 8052, 8249 Office Machine Repair Service 7629-7631 p Oil & Gas Exploration Open Space Outdoor Storage Yard . Paint, Glass, Wallpaper Stores 5231 p Paper and Allied Products 2621-2679 Park Model Travel Trailers Park Service Facilities Parking Facilities Parking Services Parks, Public or Private Elm) Parochial Schools - Public or Private 8211 Party Fishing Boats Rental 7999 Personal Services 7291 p 7212-7215, Personal Services 7221-7251, E(d) Ol 7291 Personal Services 7212,7215, 7221-7251 Personal Services 7212,7291 7211,7212, Personal Services 7215,7216, E(d)( j) )( k) 7291,729911 7215,7217, Personal Services 7219,7261, E(dH j) H k) 7291-7299 Personal Services 7211-7219 Personal Services 7215-7231, E(j) 7241 Personal Services 7221,7291 Photographic Goods 3812-3873 Photographic Studios 7221 p Physical Fitness Facilities 7991 p 11 Group 7299 limited to babysitting bureaus, clothing and costume rental, dating service, depilatory salons, diet workshops, dress suit rental, electrolysis, genealogical investigatiofl service, and hair removal. Page 42 of 95 Words struck through are deleted, words underlined are added P = permitted E = permitted with certain exceptions - "0 Blank cell = prohibited (also see table of conditional and .!!u ~o~ accessory uses) u c" cC)C: Q) ==~::: "0 o ~:! 0 - IV ~ 0 c_ o == ... .. o 41 <3 (I) c > c: Land Use Type or CategorylX 0- 0 .!! "iii ~ IV .- C C) e g c ~ 0 Q) - 'C EI.! (5 0'" C) u(X' Physical Fitness Facilities Pickup Coaches Plant and Wildlife Conservancies Plastic Materials & Synthetics 2821,2834 Play Areas and Playgrounds Pleasure Boat Rental Printing and Publishing Industries 2711,2712 Printing and Publishing Industries 2711-2796 6712-6799, 6411.96311- Professional Offices 6399.6531, 6541 , 6552, 6553,8111 Professional Organizations 8631 9111-9199, 9229, 9311, Public Administration 9411-9451 , 9511-9532, 9611-9661 Public Service Facilities - Essential Railroad Transportation 4011,4013 Real Estate 6531-6541 p Real Estate 6521-6541 Real Estate 6512 p 6512-6514, Real Estate 6519, 6531- 6553 Real Estate Brokers and Appraisers 6531 Real Estate Offices 6531,6541, 6552,6553 Recreational Service Facilities 7911-7941 . Recreational Services. Indoor 7991-7993, 7999 Recreational Uses Recreational Vehicles Rehabilitative Centers 8093 Page 43 of 95 Words struck through are deleted, words underlined are added P = permitted E = permitted with certain exceptions ~6 Blank cell = prohibited (also see table of conditional and $0 ~o~ accessory uses) o c" cCJc Cl.l ==I~ ;:: "0 o ~ ~ 0 () 'E ~ ~ () == ~ .. o Gl <5 U) c > c o- Land Use Type or CategoryX Gl-8 iij .!!! 0 UC CJ ~ g C Gl Gl E S :!:! E.!i 0 o " CJ o\l= Repair shops and related services, not elsewhere classified 769912 Research Centers 8093 Research Services 8732 Residential uses Retail Nurseries, Lawn and Garden 5261 P Rubber and Misc. Plastic Products 3021,3052, 3053 Safety Service Facilities Schools, public Schools - Vocational 8243-8299 E(I) Security Brokers, Dealers, Exchanges, Services 6211-6289 P Shoe Repair Shops or Shoeshine Parlors 7251 P Shooting range, indoor 7999 Single-Family Dwellings E(1) Social Services 8322-8399 3221,3251, Stone, Clay, Glass and Concrete Products 3253,3255- 3273, 3275, 3281 Storage Synthetic Materials 2834 Testing Services 2211-2221, Textile Mill Products 2241-2259, 2273-289,2297, 2298 Timeshare Facilities Title abstract offices 6541 Tow-in Parking Lots 7514,7515, 7521 Townhouses E(I) Transportation by Air 4512-4581 3714,3716, 3731, 3732, Transportation Equipment 3751,3761, 3764,3769, 3792, 3799 12 Antique repair and restoration, except furniture and automotive only, bicycle repair shops only, rod and reel repair. Page 44 of 95 Words struck through are deleted, words underlined are added P = permitted E = permitted with certain exceptions '-0 Blank cell = prohibited (also see table of conditional and !u liiU~ accessory uses) u c '0 cClc: Q) 3:t~ ::: '"0 o ~ en 0 ... co ~ () c e 3:-" () '-,c: o Ql u (/) C > c: C xl o- Land Use Type or ategory Ql-~ - 1II lII'- 0 CI(J8 c Cii '" Ql E - 'tJ E.!! '0 o .. CI u~ Transportation Services 4724-4783,4789 Travel Agencies 4724 Travel Trailers 5561 Two-Family Dwelling United States Postal Service13 4311 p Veterinarian's Office 14 0742 Veterinarian's Office 0752 Videotape Rental15 7841 p Vocational Rehabilitation Services 8331 Welding Repair 7692 Wholesale Trade 5148 5021, 5031, 5043-5049, Wholesale Trade - Durable Goods 5063-5078, 5091,5092, 5094-5099 5111-5159, Wholesale Trade - Nondurable Goods 5181, 5182, 5191 Wildlife Conservancies 9512 Wildlife Management 0971 Wildlife Refuge/Sanctuary Wildlife Sanctuaries Watches/Clocks 3812-3873 (a) Limited to 5.000 sauare feet per floor (b) Except labor pools in qroup 7363 (c) Exception for newspapers in aroup 2752 (d) Except commercial use emplovina drive-up. drive-in. or drive-throuah deliverv of aoods and/or services (8) Except that fire protection and police protection in aroups 9221 and 9224 are limited to administrative offices onlv (II Except civic. social. and fraternal oraanizations in qroup 8641 and reliaious orqanizations in qroup 8661 (gl Except liquor stores in aroup 5921 (h) Except pawn shops in qroup 5932 13 Excludes major distribution center. 14 Excludes outdoor kenneling. 15 Limited to 1,800 square feet of gross floor area. Page 45 of 95 Words stmck through are deleted, words underlined are added (i) Except retail firearm and ammunition sales in qroup 5941 (j) Except coin operated laundries and dry cleaninq in qroup 7215 (k) Except miscellaneous personal services not elsewhere classified in qroup 7299 (I) Refer to specific requlations in the GGDCCO district (2.03.07 N.4.a.ii.) (m) Limited to pocket parks onlv, aenerallv described as a small area accessible to the aeneral public that often includes plantinas, fountains. seatinq areas. and other similar passive open space features. Table 2. Land Uses that May be Allowable in Each Zoning District as Accessory Uses or Conditional Uses. C = conditional use A = accessory use CI) ~ '0 ACCESSORY AND 0 () CONDITIONAL USES () c;; I Administrative or service building Adult day care 8322 Agricultural: animal & livestock breeding, exotic aquaculture, aviary, diary or poultry plant, egg production, exotic animals, ranching, or wholesale reptile breeding Agricultural Agricultural services 0741,0742, 0752-0783 Amusement & recreation services 7911 C " 7911 - 7941 , Amusement & recreation services 7991-7993, 7997, 7999 Amusement & recreation services 7948, 7992, 7996, 7999 Ancillary plants Animal control Aquariums 8422 Archery ranges 7999 Assisted living facilities Auctioneering Services, auction rooms and houses 7389,5999 C(a) 5521,5551, Automotive dealers and gasoline service stations 5561, 5599 Automotive rental/leasing 7513,7519 Beach chair, bicycle, boat or moped rentals Bed & breakfast facilities 7011 Boathouses Boat ramps Boat yards Botanical garden 8422 Page 46 of 95 Words struck through are deleted, words underlined are added C = conditional use A = accessory use CI) ~ 't:l ACCESSORY AND 0 u : CONDITIONAL USES u c;; Bottle clubs 5813 Camping cabins Care Units Caretaker's residence A(b) Category II group care facilities Cemeteries Chemical products 2812-2899 Child day care 8351 Churches & places of worship 8661 Civic & cultural facilities Clam nurseries Cluster development Cocktail lounges 5813 Collection/transfer sites Commercial uses Communications 4812-4841 Communication towers Community centers C Community theaters 7922 Concrete or asphalt plants Continuing care/retirement centers Convenience stores 5411 Dancing establishments & staged entertainment Depository institutions 6011.6099 Detention facilities Docks Drinking establishments 5813 Driving ranges Earth mining Eating establishments 5812 Education services 8211.8222 Page 47 of 95 Words struck through are deleted, words underlined are added C = conditional use A = accessory use CI) ~ 'l:J ACCESSORY AND 0 u CONDITIONAL USES u Cii Education facilities; public & private schools 8211-8231 Electric generating plants Electric, gas, & sanitary services 4911-4971 Enamelinq, paintinq, or platinq A(C) Excavation Extraction related processing and production Fabricated metal products 3482-3489 Farm labor housing Farm product raw materials 5153-5159 Field crops Fish ing/h unting/trapping 0912-1919 Food products 2011,2048 Food service Food stores (over 5,000 s.f.) 5411-5499 C Fraternal lodges, private club, or social clubs Fuel dealers 5983-5989 Fuel facilities Funeral services & crematories 7261 Gas generating plants Gift shops 5947 Golf club house Golf course Golf driving range Group care units Guesthouses Health services 8011 Homeless shelters 8322 Hospitals 8062-8069 Hotels and motels 7011, 7021, 7041 Hunting cabins Incinerators Jails Justice, public order & safety 9211-9224 Page 48 of 95 Words struck lhrough are deleted, words underlined are added C = conditional use A = accessory use CI) ~ 'C ACCESSORY AND 0 u CONDITIONAL USES u en Kennels & kenneling 0742,0752 Kiosks Leather tanning & finishing 3111 Livestock Local and suburban transit 4111-4121 Local and suburban transit 4131-4173 Lumber and wood products 2411-2421, 2429 Maintenance areas Major maintenance facilities Marina 4493,4499 Mental health facilities Merchandise - outdoor sales Miniature golf course 7999 Mixed residential and commercial Model homes and model sales centers Motion picture theaters 7832 C Motion picture theaters 7833 Motor freight transportation and warehousing 4212, 4213- 4225,4226 Motor freight transportation and warehousing 4225,4226 Noncommercial boat launching ramps Nursery - retail 5261 Nursing and personal care facilities 8062 Nursing homes Oil and gas extraction 1321,1382 Oil & gas field development and production Outdoor display Packinghouse Paper and allied products 2611 Personal services 7291 Petroleum refining and related 2911-2999 Pistol or rifle range Page 49 of 95 Words strucl( through are deleted, words underlined are added C = conditional use A = accessory use CI) ~ 't:l ACCESSORY AND 0 u CONDITIONAL USES (.) en Play areas and playgrounds b. Poultry raising (small) Primary metal industries 3312-3399 Private boathouse and docks Private clubs Private landing strips Pro shops (large) Pro shops (small) Recreational facilities 8 Recreational services Refuse systems 4953 Rehabilitative centers 8093 Repair or storage areas Residential uses Resource recovery plant Restaurant (small) or snack shop 5812 Restaurant (large) 5812 Retail shops or sales Rubber and misc. Plastic products 3061-3089 Sanitary landfills Sawmills Schools, public or private Schools, private Schools, vocational 8243-8299 Service facilities Slaughtering plants 2011 Social association or clubs 8641 Social services 8322-8399 Soup kitchens Sports instructional camps or schools Staged entertainment facility 3211 , 3221, Stone, clay, glass and concrete products 3229, 3231, 3241,3274 Page 50 of 95 Words struck through are deleted, words underlined are added C = conditional use A = accessory use CI.I I "tJ ACCESSORY AND 0 0 CONDITIONAL USES 0 en 3291-3299 Swimming pools - public Storage, enclosed Tennis facilities 2231, 2261- Textile mill products 2269,2295, 2296 Transfer stations 4212 Veterinarian's office 1 0741-0742 Wholesale trade - durable goods 5015, 5051, 5052,5093 5162,5169, Wholesale trade - nondurable goods 5171,5172, 5191 Yacht club 7997 Zoo (a) Limited to 5.000 square feet per floor (b) Accessory to commercial and residential mixed use proiects (c) Accessory to an artist's studio or craft studio only * * * * * * * * SUBSECTION 3.H. AMENDMENTS TO SECTION 2.05.01 Density Standards and Housing Types Section 2.05.01 Density Standards and Housing Types, of Ordinance 04~41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 2.05.01 Density Standards and Housing Types A. Where residential uses are allowable, the following density standards and housing type criteria shall apply. Page 51 of95 Words struck throl:lgh are deleted, words underlined are added Words struck through are deleted, words underlined are added 4.02.00 Site Design Standards 4.02.01 Dimensional Standards for Principle Uses in Base Zoning Districts 4.02.02 Dimensional Standards for Conditional Uses and Accessory Uses in Base Zoning Districts 4.02.03 Specific Standards for Location of Accessory Buildings and Structu'res 4.02.04 Standards for Cluster Residential Design 4.02.05 Specific Design Standards for Waterfront lots 4.02.06 Standards for Development in Airport Zones 4.02.07 Standards for Keeping Animals 4.02.08 outside Lighting Requirements 4.02.09 Design Requirements for Shorelines 4.02.10 Design Standards for Recreation Areas within Mobile Home Rental Parks 4.02.11 Same-Hurricane Shelters within Mobile Home Rental Parks 4.02.12 Same-Outdoor Storage 4.02.13 Same-Development In the BP District 4.02.14 Same-Development In the ACSC-ST District 4.02.15 Same-Development in the SBCO District 4.02.16 Same-Development in the BMUD - Neighborhood Commercial Subdistrict 4.02.17 Same-Development in the BMUD - Waterfront Subdistrict 4.02.18 Same-Development In the BMUD - Residential Subdistrict (R1) 4.02.19 Same-Development In the BMUD--Resldentlal Subdistrict (R2) 4.02.20 Same-Development In the BMUD--Resldentlal Subdistrict (R3) 4.02.21 Same De\:elopment In the SMUD Residential Neighborhood Commercial Subdistrict (RNC) 4.02.21 Deslon Standards for Development In theBMUD-Res'ldentlal Subdistrict Page 52 of 95 4.01.00 Generally 4.01.01 Elevation Requirements for All Developments 4.01.02 Kitchens in Dwelling Units SITE DESIGN AND DEVELOPMENT STANDARDS CHAPTER 4 Chapter 4 Site Design and Development Standards, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: SUBSECTION 3.1. AMENDMENTS TO Chapter 4 Table of Contents * * * * * * * * , * * * * * * :s Housing ~ g Type: lU Density Zoning ... (units per gross acre) CII lil .Q District ~ j! I ~ .~ .c: ~ ~ >- CII .... 'E CII e CII :S - III ~ ~ l! III ~ .... ~ ... e LL 0 e ~ ~ ~ I ~ .c: .l!! ... lU ~ ~ CII .! - .l!! .c: lU Cl g. :;: ::::: ~ III e c: - .Q III e CII en ~ ~ ~ ~ ~ e to) Cl :::: (3 ~ ~ i::: ~ Per underlvina GGDCCO zonina district ~ Words stnlck through are deleted, words underlined are added Page 53 of 95 OA. Oimensional Standards I (IV IJUllJVtsl:l dllU IIllt:llll UI 1I11ts <:3UUUltsllll;l Its tU l:Illl;UUldYl:I d III1K UI IUW intensity commorcial uses and residential uses. Developments 'Nill be human scaled and pedestrian oriented. 1". r UI ~UI:>U 4.02.16 Same Design Standards for Development in the BMUD - Neighborhood Commercial Subdistrict Section 4.02.16 Same-Development in the BMUD-Neighborhood Subdistrict, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: SUBSECTION 3.J. AMENDMENTS TO SECTION 4.02.16 Same-Development in the BMUD-Neighborhood Subdistrict * * * * * * * * * * 4.02.22 Same--GZO District 4.02.23 Same--Development in the Activity Center #9 Zoning District 4.02.24 Corridor Management Overlay District (CMO)--Special Regulations for Properties Abutting Golden Gate Parkway West of Santa Barbara Boulevard and Goodlette-Frank Road South of Pine Ridge Road 4.02.25 Mobile Home Overlay District (MHO)--Special Regulations for MHO in Rural Agricultural (A) Districts 4.02.26 Golden Gate Parkway Professional Office Commercial Overlay District (GGPPOCO)--Special Conditions for the Properties Abutting Golden Gate Parkway East of Santa Barbara Boulevard as Referenced in the Golden Gate Parkway Professional Office Commercial District Map (Map 2) of the Golden Gate Area Master Plan 4.02.27 Specific Design Standards for the Immokalee--State Road 29A Commercial Overlay Subdistrict 4.02.28 Same--Jefferson Avenue Commercial Overlay Subdistrict 4.02.29 Same--Farm Market Overlay Subdistrict 4.02.30 Same--Agribusiness Overlay Subdistrict 4.02.31 Same--Central Business Overlay Subdistrict 4.02.32 Same--Main Street Overlay Subdistrict 4.02.33 Same--Mobile Home Park Overlay Subdistrict 4.02.34 Specific Standards for Shopping Centers 4.02.35 Design Standards for Devefopment in the GTMUD-Mixed Use Subdistrict (MXD) 4.02.36 Design Standards for Development in the GTMUD-Residential Subdistrict ffi} 4.02.37 Design Standards for Development in the Golden Gate Downtown Center Commercial Overlav District (GGDCCO) Table 11. Design Standards for the BMUD Neighborhood Commercial Subdistrict. Design Standards Minimum Setbacks Front yard Buildings containing commorcial or residontial uses am roquirod to a minimum Front yard dopth of 35 feet from tho front setback line on all floors. Tho remaining depth may infill projoct be used for parking. At five foot, 80 porcont of tho structure must be located at tho . . '- c< I:~~ . ,___< .__..J ...:'1...' :<: front yard 5 feet from the property line to the building footprint. build-to-Iine The front build-to-Iine shall also apply to any new buildings or structures in the C-1 throuqh C-5 zoninq districts which 1. Eiqhty percent of the structure must be located at the required front yard underlay the build-to-Iine; the remaininq 20 percent must be behind the front yard build-to- BMUD line within the range of 3 to 10 feet. Neiqhborhood I Commercial 2. Buildings containing commercial or residential uses are required to have a Subdistrict. minimum depth of 35 feet from the front yard build-to-Iine on all floors. The remaining depth of the lot may be used for parkinq. 3. Buildings which face Bayshore and intersectinq side streets shall have the same front yard build-to-Iine as the front yard build-to-Iine for Bayshore. " Minimum Setbacks Side yards - abuttinq residential 15 feet Side yards - all other 5 feet Rear yard 20 feet Waterfront 10-++ 25 feet Building Standards Locations on Bayshoro Drive First floor olevation levol with the sidewalk. Tho first floor of .,,~ _. __< L. . . , ~ Whoro possible buildings facing BaYEhom Drivo wrap around tho cornor as dopictod on BMUD Figure 1. The building facades facing the intersectinq east-west Building Design streets with Bayshore shall have the same architectural design treatment as the building facade facinq Bayshore Drive, Maximum Residential Density r::~~ .....~ ~ 12 units per acre Maximum square footaoe A building with commercial use only is limited to a maximum sauare footaae of 20 000 snuare feet. Minimum Floor Area 700 square foot gross floor area for each bUilding on the around floor. Bulldlna Hel!':lht Of StorY 14 feet of bulldlnn heinht enuAls one story Maximum height of structures Properties developed in conformance with underlying C-4 and C-5 zoning classifications are restricted to maximum building height per section 4.02.01 A. Table 2. 160utdoor seating areas. canal walkway, water managemenl facilities. and landscaping area may be located within the required setback, ~ TEl aile",' tRe AlslliAlwAl wse ef tt:le 'f'ateFfreRI. IlwilliflRII plSeeAleRI eR a let eaR vsry freAl IR_ f_"wlrI9' sllllaeks. previEleEl SWElR varialisR is feSeAlAleREleEl Ily IRe CR' slaft aAEI tRe SElWRly arsRileel aREI apprevsEl Ily tRe CElIo/Aly MaRallsr er ElesillAse, Page 54 of 95 Words struck thrmlgh are deleted, words underlined are added Commercial use only buildings Maximum actual heiqht of 3 stories or 42 feet to buildina eave or top of a flat built-up Structure 56 Feet. roof. measured to first finished floor elevation. by NFIP standards. Parapets on flat roof can be no more that 5 feet in heiqht. Residential use only buildinas Maximum actual heiqht of 3 stories or 42 feet to buildina eave or top of a flat built-up roof, measured to the first floor elevation, by NFIP standards. structure 56 Feet. Parapets on flat roof can be no more that 5 feet in heiqht. Mixed-use buildinas residential 4 stories or 56 feet to buildina eave or top of a flat built-up roof. measured from the first finished floor elevation. by NFIP on top of commercial uses standards. Parapets on flat roof shall be no more than 5 feet Maximum actual heiqht of s70 in heiqht. Only the first two floors shall be used for commercial uses. Tho first floor coiling hoight at tho sidowalk Feet. levol shall bo no less than 12 feot and no more than 1 8 foot in hoight from tho finishod floor to tho finishod coiling and shall be limitod to commorcial us Of) only. , 4 stories or 56 feet to buildina eave or top of a flat built-up roof, measured from the first finished floor elevation. by NFIP Hotel/Motel standards. Parapets on flat roofs can be no more that 5 feet in heiqht. Maximum actual heiqht of structure 70 Feet. Ceilinq Heiqht The first floor ceilinq shall be no less than 12 feet and no more than 18 feet in heiqht from the finished floor to the finished ceilinq and shall be limited to commercial uses only. -- B. Special Requirements for Accessory Uses. 1. Uses and structures that are accessory and incidental to the permitted uses allowed within this subdistrict are allowed unless otherwise prohibited in this subdistrict. 2. BMUD-NC land Properties immediately adjacent to Haldeman Creek may engage in boat rental operations. 3. Lots adjacent to the Neighborhood Commercial (NC) and Waterfront (W) Subdistricts, as indicated on BMUD Map No. 1 bolow, may construct a dock provided the lots are under the same ownership as the adiacent BMUD-NC or BMUD-W parcels. and have boon approved by tho County Managor or designoo. A site development plan shall be submitted to the County Manager or designee and must succeed in qaininQ approval. C. The following regulations govern the outdoor display and sale of merchandise. 1 . No automatic nood and drinking vending machines or public pay phones are permitted outside of any structure. 2. Newspaper vending machines will be limited to two machines per project site.;. and must bo arohiteoturally intogratod 'Nithin tho projoot sito. 3. Outdoor display and sale of merchandise, within front yards on improved properties, are permitted subject to the following provisions: a. The outdoor display/sale of merchandise is limited to the sale of comparable merchandise sold on the premises.;. and as indioatod on Page 55 of 95 Words struck t:'rol:lgh are deleted, words underlined are added tho propriotors' occupationalliconse. b. Tho outdoor display/sale of morchandiso is pormittod on impro'lod commorcially zonod proporties and is subjoct to tho submission of a site devolopment plan that demonstratos that provision will bo made to adequatoly addross tho following: i. Vohicular and podestrian traffic safoty moasuros. ii. Location of salo/display of morchandiso in rolation to parking aroas. Hi. Firo protoction moasuros. iv. Limitod hours of oporation: from da'....n until dusk. v. Morchandiso must be displayod in a vendor cart that complomonts tho architoctural stylo of the building that it is accessory to. vi. Vendor carts locatod on sidowalks must afford a fivo (5) foot cloaranco for non obstructod podostrian tFaUkr.- ED. ParkinQ Standards. 1. Four (4) Throo spaces per 1,000 square feet of floor area open to the general public for commercial use. 2. Minimum two (2) ono and ono half (1.5) ooe parking spaces for each residential unit. 3. Outdoor cafe aFeaS seating shall be exempt from parking calculations. 4. Accoss to the off stroot parking facility must bo from the local stroot unless restricted due to lot sizo. 5. Should tho proporty owner dovelop on streot parking spacos on local stroots 'Nithin tho samo block of tho projoct sito, thon oach spaco so providod shall count as ono spaco toward tho parking requiroment of this subsoction. €h 4. On-street parking on local streets excluding Bayshore Drive requires an agreement with the county to use the public right-of-way for parking. Angle or parallel parking (as depicted on BMUD Figure 21 (boIO'.v) is permissible based on the site development plan as approved by the planning sorvicos department County Manaoer or desionee and built to county standards. Tho property ownor must agroo to maintain that portion of tho public right of 'I.'ay whore tho parking is located. 3 ~. Lots adjacent to the Neighborhood Commercial (NC) and Waterfront district (W) Subdistricts, as indicated on BMUD Map No.1, may be used for off-site street parking. The accessory parking zone providod the lots aro must be under the same ownership or leaal control (Le.. lease or easement, etc). and meet the standards of section 4.05.02 of this LOC and have a site development plan been approved by the County Manaaer or desianee. a site do'.'olopmont plan. shall bo submitted to tho County Manager or designoe. Page 56 of 95 Words struck through are deleted, words underlined are added BMUD Fiaure 1 - Typical Corner Lot Development and On-Street Parkina (For illustrative purposes onlv) --'L1 ~ .~ U U f:'" L.J ~ ~ Q,~l :~~J~~~5~\~n:Cc. , ~....".,I,,'kl,,'oI ~ '~_."_'."." A.(_,,,,~P."""\l , ~ n U* .[tj um n;~~~}:,',)c,;~ll1ru u~ W .- D ,~': "~lei .. i,t L [ , .. -1 ' ~,};; . ,- -Jl. ~r:J:.. C!-~$' , Ii CJ 'i!; it; ili 'hili ~ii . ' . lU; ... '''' r:,. <V .0. UU "~..__._,... ..-------- ~. Al::w'lIOJy P.nJn~ ~ t1HII..' . tttff l:l . /,~ ~ .. DELETE EXISTING GRAPHIC] MUD Fiquro 2 Tvpical On stroot Parkinq 8. On stroet park~ng on Bayshoro Drive shall bo made available to tho property ovmer on a first come first serve basis at the time of site dovolopment plan (SDP) or sito improvement plan (SIP) approval provided the parking does not intorforo with tho on street bike lanos and is locatod within the block in 'Nhich the block that tho property it son/os is locatod. 9. Construction or ronovation of any building must occur within ninety (90) days of the SOP or SIP approval and be completod '.vithin six (6) months of commencement in order to secure tho on stroet parking spacos. Due to circumstances boyond the control of tho applicant the proporty owner may request an oxtension from the County Manager or dosignoe. These spaces must be used toward tho fulfillmont of the parking requiromonts sot forth horein. 10. The off sito parking requirements of section 4.05.02 J. of the LDC shall apply. Vohicular egress points may be located on local stroots opposito residential homes provided thoy are 'lJithin tho Bayshoro Mixed Uso Overlay District. ++:- 2. Shared parking requirements shall be consistent with those provided in subsection 4.05.02 of the LOC, except that the County Manager or designee can approve or deny requests instead of the Zoning & Land Development Review Director with review by the CDES Administrator Board of Zoning Appeals or Planning Commission. Shared parking spaces may be separated by Bayshore Drive provided the two properties are located within the BMUD. J:E. Oesign Standards For Awnings, Loading Oocks, and Dumpsters +: Retractablo awnings shall be exempt from fire sprinkler requirements. Fixod awnings under 146 squaro feet shall be subject to sprinklor requirements but only from the potable wator supply without requiremonts for backflow protoction. a.,.L Loading docks and service areas shall not be allowed on the frontago lino. alono the street frontaae. &2. All dumpsters for new developments must be located in the rear yard of the property, and not visible from Bayshore Orive. Page 57 of 95 Words struck through are deleted, words underlined are added G. Arohitoctural Standards. 1. 1\11 buildings shall meet tho requiromonts sot forth in section 5.05.08 unless othorwise spooified bolow. 2. All buildings adjacent to Bayshore Drivo will havo tho principal podostrian ontrance fronting Bayshoro Drivo. 3. Thirty fi\'o (35) percont of the buildings facade that facos ~ Bayshore Drive will be c10ar glass. 4. Clear glass windows botween tho height of threo (3) and oight (8) feet abo\'o sidewalk grade am roquired on tho primary facado of tho first floor of any building. 5. Attachod building awnings may oncroach over the sotback lino by a maximum of five (5) foot. 6. Noon colors shall not bo usod as accont colors. F. Landscapinq and Buffer Requirements 1. As required by section 4.06.00 of this Code. unless specified otherwise below: 2. Buffers are required between BMUD-NC and BMUD-W Subdistricts and contiquous BMUD-R1 throuqh R4 Residential Subdistricts, A minimum 10- foot wide landscaped area shall be required. This area shall include: a 6- foot hiQh opaque masonry wall; a row of trees spaced no more than 25 feet on center; and a sinqle row of shrubs at least 24 inches in heiQht, and 3 feet on center at the time of plantinq. Landscapinq shall be on the commercial side of the wall. 3. A shared 10 foot wide landscape buffer with each adiacent property contributinq a minimum of 5 feet is required between BMUD-NC and BMUD-W Subdistricts abutting commercial zoned districts or abutting BMUD-NC or BMUD-W Subdistricts. However. the equivalent buffer area square footaQe may be provided in the form of landscaped and hardscaped courtyards, mini-plazas. outdoor eatinq areas, and building foundation plantinq areas. 4. Building Foundation Plantinq The foundation plantinq shall be a minimum of 50% of the qround floor building perimeter measured in linear feet and an averaqe of five-feet (5) wide. This area must be landscaped with trees and/or palm trees in the amount of one tree or palm per 25 linear feet of building foundation plantinq perimeter; and with 3-qallon shrubs and 1-qallon ground covers other than qrass. Trees and palm trees shall be planted in areas that are a minimum of 8 feet wide. Palm trees. when used to meet these building foundation requirements. shall be counted as one palm is the equivalent of one tree. 5. Water Manaqement Area A minimum of 50% of the surface water manaqement area shall be landscaped. Trees shall be provided at the rate of 1 tree per 250 square feet. with the balance of the area landscaped with shrubs. ground covers and ornamental orasses. 6. Parkino Perimeter Parkino lots and/or access drives abuttino commercial property shall have a shared. 10 foot perimeter landscaped buffer. with each side contributino a minimum of 5 feet. This area shall include a row of trees Page 58 of 95 Words stmck through are deleted, words underlined are added spaced no more than 30 feet on center. 7. Riaht-of-Way Buffers External riohts-of-way (ROW) adiacent to the Neiohborhood Commercial Subdistrict (NC) are not required to have ROW buffers. a. The streetscape and landscapino standards in the ROWs abuttino C-1 throuoh C-5 commercial, BMUD NC and BMUD W developments will be based on Streetscape Desion Guidelines to be prepared by the Bayshore / Gateway Trianole CRA Advisory Board and the Bayshore Avalon Beautification MSTU. 8. Streetwalls Streetwalls shall be used when surface parkino lots abut the riaht-of- way of Bayshore Drive, Van Buren Avenue and Thomasson Drive. !: The wall shall be constructed of the same materials as the primary buildinas and be 3 to 4 feet in height, and shall have a 12 inch projection or recess a minimum of every 10 to 15 feet. The streetwall may be a combination of wall.and metal fence materials. The street side 'of the streetwall shall have trees at 30 feet on center and shrubs least 24 inches in heioht and spaced 3 feet on center at the time of planting, with oround covers other than orass in a minimum 5 foot wide strip. No streetwall is required if all of the parkino is located in rear of the development. b. No two streetwalls shall adioin on a common property line. c. The streetwall shall be set back the appropriate distance from the front yard setback line in order to meet County standards for site distance trianQles (Section 4.06.01, 0.1.) for eqress from parkinQ lots. 9. These landscapino and buffer requirements shall apply to all new buildinas in the BMUD NeiQhborhood Commercial (NC) and Waterfront (W) subdistricts and C-1 throuQh C-5 zoninq districts. II II) - Side Parking Lot with Streetwall Q:, Architectural standards Desion Theme. The "Florida Cracker" architectural theme is encouraoed for anv new developments or existino bulldlna rehabilitation or renovation in the C-1 throuoh C-5 zonino districts which underlay the BMUO Neighborhood Page 59 of 95 Words struck through are deleted, words underlined are added Commercial (NC) and Waterfront (W) Subdistricts. If the suooested architectural desion theme is used then the elements of the buildinas should reflect the architectural vernacular of the "Florida Cracker" style. BMUD Fiaure 3: "Old Florida" or "Florida Cracker" Vernacular (For illustrative purposes only) a..' ~:\,. ,," ',.., . ",.' :. ":':.:.- ",', ,'" I\~\~'n~'. .. 1. All buildings shall meet the requirements set forth in section 5.05.08 unless otherwise specified below. 2. Reoardless of the architectural theme chosen. the followino desion elements are required. a. Hip or oable buildina roofs shall be metal seam ( 5v Crimp. standino seam or similar desion) b. Windows with vertical orientation and the appearance of divided olass trim. c. Facade wall buildina materials shall be of wood, stucco finish or cement board products. 2~AII buildings adjacent to Bayshore Drive shall have the principal pedestrian entrance fronting Bayshore Drive. 3e-=--- Thirty-five (35) percent of the buildings facade that facos along Bayshore Drive will be clear glass. ~!:....- Clear glass windows with a tint of 25% or less, between the height of two (2) throo (3) and seven (7) oight (8) feet above sidewalk grade are required on the primary facade of the first floor of any building. 5~Attached building awnings may encroach over the setback line by a maximum of five (5) feet. &h. Florescent Neoo colors shall not be used as aooont oolors. H. Signs. As reouired bv division 5.06.00 unless specified below: Page 60 of 95 Words struck through are deleted, words underlined are added 1. One sandwich boar sian is allowed per business establishment as 10nQ as the base is no more than 30 inches and a maximum heiQht of 42 inches. I. Specific Standards for Bed And Breakfast LodQinQ as a Conditional Use. 1. Minimum number of Quest rooms or suites is two (2) with a maximum number of six (6). Guest occupancy is limited to a maximum stay of thirty (30) days. The minimum size of bedrooms for Quest occupancy shall be 100 square feet. 2. No cookinQ facilities shall be allowed in Quest rooms. 3. Separate toilet facilities for the exclusive use of Quests must be provided. At least one (1) bathroom for each two (2) Questrooms shall be provided. 4. All automobile parkino areas shall be provided on site, based upon a minimum of two (2) spaces plus one (1) space for each bedroom. All other applicable provisions of the LDC relative to parkino facilities shall apply. 5. One (1) sian with a makimum sian area of four (4) square feet containinQ only the name of the proprietor or name of the residence. Sian lettering shall be limited to two (2) inches in heiQht and shall not be illuminated. 6. An on-site manaQer is required. SUBSECTION 3.K. AMENDMENTS TO SECTION 4.02.17 Same-Development in the BMUD Waterfront Subdistrict Section 4.02.17 Same-Development in the BMUD Waterfront Subdistrict, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 4.02.17 Same Desian Standards for Development in the BMUD - Waterfront Subdistrict A. Desion Standards for the Subdistrict are the same as those set forth for the BMUD Neiohborhood Commercial Subdistrict, unless set forth below. Development in this subdistrict is encouraoed to be a mix of restaurant arid retail uses while allowino for limited marina uses. ~ B. Special conditions for Marinas: 1. Repair and illY storage areas shall not be visible from the ~ street. 2. Boats available for rental purposes shall be located in the water or properly screened with a fence or wall from the local side streets road'Nays and not visible from Bayshore Drive. 3. All boat racks shall be enclosed.,., with a wall or fence. The fence material can be wood. vinvl composite. concrete block with stucco finish or metal or a combination. No chain link fence is allowed. 4. Height of structures may be increased to a maximum actual height of fifty (50) feet by the Board of Zoning Appeals (BZA) upon approval of a variance petition. The BZA, in addition te the findings in Chapter 9, shall consider whether or net the literal interpretation of tho provisions of this LOC imposes a financial hardship on the applicant. I Page 61 of 95 Words stmck through are deleted, words underlined are added 5. Outdoor displays of-4\9W boats for sale on properties fronting Bayshore Drive shall be limited to the following: a. All areas used for fleW boat sales display activities shall occupy no more than thirty-five (35) percent of the linear frontage of the property. b. 1\11 boat sale activities are limited to nelN boat sales. ET.-~. All fleW boat sale areas shall not be closer to the frontage line than the primary building they serve.:. unloss it is othorwise rocommended staff and shall bo administrativoly approved by the County Managor or dosignoo. fhc. All fleW boats located within an outdoor sale~ area shall not exceed the height of seventeen (17) feet above existing grade. &-d. Outdoor sales areas shall be connected to the parking area and primary structure by a pedestrian walkway. he. An additional 10 foot landscape buffer is required around the perimeter of the outdoor boat sales area. This buffer must include, at a minimum fourteen (14)-foot high trees, spaced at thirty (30) feet on center and a three (3)-foot high double row hedge spaced at three feet on center at the time of planting. 6. Outdoor displays of boats on properties fronting Haldeman Creek shall be limited to the following: a. All areas used for boat sales shall utilize no more than fifty (50) percent of the linear frontage of the property. b. All fleW boat sale areas shall not be closer to the frontage line than the primary building they serve. unless it is othelVJiso rocommondod for approval revimved and commented on by the CRI\ Local Advisory Board staff and shall be administrati'loly approvod by tho County Manager or designeo. c. All boats located within outdoor sales areas shall not exceed a height of thirty-five (35) feet above the existing grade. Sailboat masts are exempt from this limitation. d. Outdoor sales areas shall be connected to the parking area and primary structure by a pedestrian walkway. e. An additional landscape 10 foot buffer is required around the perimeter of the outdoor sales area. This buffer must include, at minimum fourteen (14) foot high trees, spaced at thirty (30) feet on center and a three (3)-foot high double row hedge spaced at three (3) feet on center at the time of planting. 7. One (1) parking space per five (5) dry boat storage spaces. 8. On-site traffic circulation system shall be provided that will accommodate areas for the loading and unloading of equipment that will not encroach !!Qon residential developments. SUBSECTION 3.L. AMENDMENTS TO SECTION 4.02.18 Same-Development In the BMUD Residential Subdistrict (R1) Page 62 of 95 Words stmck through are deleted, words underlined are added Section 4.02.18 Same Development in the BMUD Residential Subdistrict (R1), of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 4.02.18 Same Desian Standards for Development in the BMUD - Residential Subdistrict (R1) Subdistrict desion standards encouraoe the development of a variety of housino types which are compatible with existino neiohborhoods and allow for buildina additions such as front porches. In new development the purpose is to encouraoe a traditional neiohborhood desiQn pattern. The intent is to create a row of residential units with uniform front yard setbacks and access to the street. A. Dimensional and Design Standards Table 12. Design Standards in the BMUD Residential Subdistrict R1. Desi.qn Standards Maximum Density: 12 units por acro Density allowed for underlyina zonina pursuant to the Density Ratina Svstem' unless affordable housina density bonuses are aranted. Minimum Lot Width (feet) Single-family aRe 50 feet Two-family/Duplex 50 feet Townhouses 25 feet Multi-family 100 feet Minimum Setbacks Min. front yard At Min. Side Yard Min. Rear Yard (feet) One sinale (single) family 10 feet* dwolling 7.5 feet unloss abutting 15 detached dwelling unit commorcial property, thon &-feet Two family / Duplex 1 0 feet':' 5 feet un loss abutting 15 dwelling units singlo family unit, thon 7.5 feet Townhouse 10 feet.:. o feet when abutting 15 another townhouse, if not then the same standards as a two family dwelling unit Multi-family (three or 1 0 feet':' 5 feet unless abutting 15 more) dwelling units single family unit, then 7.5 feet Building Standards Minimum Floor Area 750 squaro foot por unit Sinale-family 1500 sauare feet per unit Two-family/Duplex 1 OOOsauare feet per unit Townhouses 1000 square feet per unit Multi-family 750 sauare feet per unit Maximum 3 habitable floors or 40 42 feet to buildina Hoight of Principal Structuros eaye or top of a flat built-up roof. measured Maximum actual heiaht of DrinciDal structures from the first habitable floor elevation. by 56 Feet NFIP standards. Parapets on flat roof can be no more that 5 feet in heiahl. Maximum Height of Accessory Screen Same as principal structure, not to exceed Enclosures 35 feet Maximum height of all other accessory +a 26 feet, but in no case higher that the structures main bulldlna. Parking Standards All uses 1 spaso !'lor g'JJollin~ blnit. Parkina standards Parkina standards as reauired by sections 4.05.02 and 4.05.03 of this Code. · Shall bo ton foot from tho !'lre!'lerty line to tho building footprint. Page 63 of 95 Words struck through are deleted, words underlined are added B. Specific Design Requirements 1. Thoro shall bo no visiblo parking aroa from tho frontago road. Parkino areas shall not be visible from Bayshore Drive. 2. Buildings and their elements shall adhere to the following: a. Street-facino facades of multi-family 8Quildings shall be divided using articulation and/or modulation at least every sixty (60) eighty (80) feet.:. facade modulation is stepping back or extending forward a portion of the facade at least five (5) ~ fGt feet measured perpendicular to the front facade for each interval. Articulation includes porches, balconies, bay windows and/or covered entries. b. The primary rosidonco entrance shall be oriented to the street. Orientation is achieved by the provision of a front facade including an entry door that faces the street. c. On corner lots, both street facades of a building shall have complementary details; in particular, building materials and color, rooflines and shapes, window proportions and spacing, and door placement. I d. All mechanical equipment must be screened with a throo (3) foot high hedge spacod throo (3) feot on conter or an opaque fence or wall at a aRy heioht which is 18 inches above the top of the equipment. te completely scroon the mechanical equipmont. e. Stom wall construction is roquirod, no monolithic construction is allo'Nod. e. LandscapinQ and buffer requirements for new residential development as required by section 4.06.00 of this Code. BMUD Figure 4- Tvpical Front Elevation, Residential Development (For illustrative purposes only) -- SIngle Family Dotaoh<</ Two Slot)' Slnple Femily Doteched TlKl FemJ/y I Duplex I Two Story Two Family I Duplex lIpe_t.: Mu/tl.Femi/y 3. Buildings shall adhere to the following elevation requirements: a. The first habitable floor at the street facade may not be greater than one (1) foot three (3) feet over the minimum first floor elevation designated in the National Flood Insurance Program (NFIP) Flood Insurance Rate Map. by tho Federal Emorgency managemont Page 64 of 95 Words struck through are deleted, words underlined are added Agoncy (FEMA). ^ maximum of forty (40) porcont of tho first habitable floor may bo groater than one (1) foot ovor tho FEM^ dosignated minimum first floor olovation. b. A maximum of two feet of fill shall be allowed on site towards meetinq NFIP requirements. Additional NFIP finished habitable floor heiqht requirements shall be accomplished throuqh stem wall construction. Stem walls shall be finished in material and color complementary to the principal structure. c. Open stilt-type construction is not permitted. On front yards, the foundation area below the first floor must be treated with a solid facade or lattice which is consistent with the architectural style of the building. g. The garage floor shall not exceed twenty-four (24) inches above the elevation of the right of way crown of road from which it is accessed. 4. Front porches tBat shall adhere to the following';"~ standards may oncroach sovon (7) foot into the front yard sotback if the structure is located on tho Minimum Front Yard Sotback (10 feet) 'Nith an additional throo (3) foot oncroachmont allO'.vable for ontry stairs. a. Front porches may encroach seven (7) feet into the front yard setback if the structure is located on the minimum front yard setback (10 feet) with an additional three (3)-foot encroachment allowable for entry stairs. BMUD FiQure 5: Front Porches (For illustrative purposes only) Porchn Aln.~ 7" l' lflto Front Yard .-.. Jm-mf] UJdJ L_____ J .-. p...- Porcl1a. oW"!. of Front FaCilda .- ab. Front porches must cover a minimum of forty (40) percent of the horizontal length of the front yard facade of the primary residence. 9C. Front porch design and material shall be consistent with the architectural design and construction material of the primary residence. sd. Front porohes shall not be air oonditioned nor onolosod with glass, sereon, or other matorial. Front porches shall, not be air-conditioned Page 65 of 95 Words stmck through are deleted, words underlined are added nor enclosed with glass, scroen plastic, or other materials. ScreeninQ the porch is allowed as 10nQ as the moldinQs that hold the screen material matches the material and desion character of the structure. €Ie. Front S-~econd-story porches are encouraged, but no enclosed room is permitted above the front porch. 5. Garages and driveways. a. Tho roar sotback may be roducod to ten (10) foot if a front access garago is constructed on tho roar of tho residenco. s:-a. Garage doors shall have a maximum width of sixteen (16) feet. c. Only ono drivo'Nay is allowod por fifty (50) linoar foot of front proporty line. Tho drivoway shall havo a maximum width of oightoon (18) foot in the right of 'Nay area. 4b. The driveway shall have a maximum width of eiQhteen (18) feet in the riQht-of- way area. Other than the permitted driveway. the front yard may not be paved or omerwise used to accommodate parkinQ. e. Garages shall bo rocossod a minimum of throo (3) foot bohind the front facade of the primary rosidonce. BMUD FiQure 6: GaraQe Drivewav (For illustrative purposes only) a.r.g. Gllng. Afinlmun n FnI from IL: s.clr of ~ ~ SId-.lIr S ij I Sidewalk f No carports are pormitted. c. No freestandino carports are permitted. Carports and porte-cochere must be attached to the principal structure and of similar materials and desiQn as the principal structure. d. The distance from the back of the sidewalk to the oaraoe door must be at least 23 feet to allow room to park a vehicle on the driveway without parkino over the sidewalk. Should the garaoe -be side-loaded there must be at least a 23-foot paved area on a perpendicular plane to the oarage door or plans must ensure that Page 66 of 95 Words struck through are deleted. words underlined are added parked vehicles will not interfere with pedestrian traffic. BMUD Fiaure: 7 Porte-cochere (For illustrative purposes only) ,.----------.." I L../...,_ _ " 1 I I I I I I I I I I I ___~....,J.. ('. ',:, ,/ .., \ __;~/ ll, "'-~---_'V......~'/'~~~~""' '1 ~ , , '\ "'.' 6. Accessory Unit An accessory unit is a separate structure located at the roar of on the property and related to the primary residence (sinole-family detached only) for uses which include, but are not limited to: blibrary, studio, workshop, playroom, screen enclosure, oaraoe, swimmino pool or ouesthouse guost quartors. Ownership of an accossory unit shall not bo transforrod indopondontly of tho primary rssidenco. a. Ownership of an accessory unit shall not be transferred independently of the primary residence. a.-b. Only one (1) accessory unit of each type is permitted per p'rincipal structure. the. The maximum area of an accessory unit is 550 square feet, limited to one (1) habitable floor. s.d. The accessory unit may be above a garage or may be connected to'the primary residence by an enclosed breezeway or corridor not to exceed eight (8) feet in width. 4!. The maximum height of a structure containing a ouesthouse YRit over a garage is limited to a maximum of eightoon (18) twenty (20) feet, measured from the level of graded lot to the eave, and with a maximum ovorall actual building height of twenty-six feyf (26) fa4t feet to the top of the roof. .^, structuro containing only a guest unit is limited to one (1) story and ton (10) foot, moasurod from the FEM.^, first habitablo floor hoight roquiromont to the oavo, \vith a maximum ovorall building hoight of sixtoen (16) feot to tho top of the roof. Page 67 of 95 Words stmelc through are deleted, words underlined are added t A structure containino onlv a ouest unit must meet the NFIP first habitable floor elevation requirement. The maximum actual buildinQ heioht shall not exceed twenty-six (26) feet to the top of the roof. e For purposos of calculating density, an accossory unit will count as ono half (%) a d'Nelling ooi-h Table 13: Setbacks for Accessorv BuildinQs and Structures Buildina I Structure Front Rear Side Librarv SpS* 10 feet SPS* Studio SpS* 10 feet SPS* W orkshoD SpS* 15 feet SPS* Swimmina pool and/or screen enclosure SPS* 10 feet SPS* Plavroom SPS* 10 feet SPS* Garaae SPS* 10 feet SPS* Garaae Guesthouse above SPS* 15 Feet SPS* Guesthouse SPS* 15 Feet SPS* *SPS - Same as principal structure 7. Fencing forward of the primary facade of the structure is permitted subject to the following conditions: a. The fence shall Gees not exceed 42 inches four (4) feet in height. b. The fence shall have an opacity ranoe of 18% to 50% is not opaquo but providos an opon viow c. Chain link fence is prohibited. d. The fence material shall be wood, vinyl, composite, stucco block or metal ffGA. Eh A masonry wall is pormittod and shall not oxcood three (3) feet in height. ~ Foncing and walls must architeoturally oomplemont the primary structure. as dotorminod by the County Managor or dosignoo. BMUD FiQure 8- Permitted Tvpical FencinQ (For illustrative purposes onlv) C. Speoifio standards for bod and breakfaat lodging as a oonditional usa: 1. ^ site developmcmt plan pUFSuant to Chapter 10. 2. Minimum number of guest rooms or suites is two (2) with a maximum Page 68 of 95 Words strlfck through are deleted, words underlined are added numbor of six (6). Guost occupancy is limitod to a maximum stay of thirty (30) days. The minimum size of bodrooms for guest occupancy shall bo 100 square foot. 3. No cooking facilities shall bo allov.'od in guest roomG. 4. Soparato toilot facilitios for tho oxclusivo uso of guests must bo provided. At loaGt one (1) bathroom for each two (2) guestrooms shall bo providod. 5. /\11 automobile parking areas shall bo providod on site basod upon a minimum of two (2) GpacoG pluG one (1) spaco for oach h\'o (2) bod rooms. All other applicablo proviGionG of thiG LDC relativo to parking facilitioG shall apply. 6. Ono (1) sign with a maximum sign aroa of four (4) square foot containing only tho namo of tho proprietor or name of the reGidence. sign lottoring shall bo limited to two (2) inches in hoight and shall not be illuminated. 7. An on site managor iG roquired. 8. Tho facility Ghall comply with all bUGinosG liconso, cortificationG, and hoalth laws of Collier County ahd tho Stato of Florida. SUBSECTION 3.M. AMENDMENTS TO SECTION 4.02.19 Same-Development in the BMUD Residential Subdistrict (R2) Section 4.02.19 Same-Development in the BMUD Residential Subdistrict (R2), of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 4.02.19 SameDesi~n Standards for Development in the BMUD--Residential Subdistrict (R2) A. Desiqn Dovolopmont Standards for the subdistrict are the same as those set forth for tHe Residential sSubdistrict 1, unless set forth specified below. Table +314. Setback Standards for BMUD Residential Subdistrict (R2) Setbacks Min. front yard ~ Min. Side Yard Min. Rear Yard One (Single) Family 25 feet! 7.5 feet 15 feet Detached Dwelling Units Two Family / Duplex 25 feet! 6 feet unless 15 feet Dwelling Units abutting single family unit, then 7.5 feet Townhouse 25 feet! 6 feet unless 1 5 feet abutting single family unit, then 7.5 feet Multi. Family (Three 25 feet! 6 feet unless 1 5 feet or more) Dwelling abutting single family Units unit, then 7.5 feet *Shall bo 25 foot from tho proporty line to tho building footprint. SUBSECTION 3.N. AMENDMENTS TO SECTION 4.02.20 Same-Development In the BMUD Residential Subdistrict (R3) Section 4.02.20 Same-Oevelopment in the BMUO Residential Subdistrict (R3), of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: Page 69 of 95 Words struck through are deleted, words underlined are added 4.02.20 Same Design Standards for Development in the BMUD--Residential Subdistrict (R3) A. Tho purposo of this district is to allow tho devolopment of mobilo homo, modular home, townhousos and single family residencos. All now Elevelopmont in this Subdistrict shall bo compatiblo with tho building f}atterns and facade articulation of traditional noighborhood dosign. Tho intent is to create a row of residontial units with consistent front yard setbacks and accoss to tho street. Development standards for this subdistrict are the same as those set forth for the Residential Subdistrict 1, unless set forth below. B. Minimum Lot Width Single-family detached 40 feet Modular homes 4{}-feet Townhouses 25 feet Mebile homes 4G-feet C. Yard Requirements. Front yard At Minimum Side Yard Minimum Rear Yard -- One (Single) Family 10 feet* 5 feet 8 feet ModulaF Detached Dwelling Qwel~iAg-~nits Units f---- Modular Dwelling +O-feet &-feet g-feet UAHs Townhouse 10 feet* o feet when abutting 8 feet another townhouse, if not then 5 feet. Mobilo Homos 10 font* &-feet 8-feet * Shall be 10 feet from the property line to the outer wall of the building footprint. SUBSECTION 3.0. AMENDMENTS TO SECTION 4.02.21 Same-Development in the BMUD Residential Neighborhood Commercial Subdistrict (RNC) Section 4.02.21 Same-Development in the BMUD Residential Neighborhood Commercial Subdistrict (RNC), of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 4.02.21 Same De'/elopment in the BMUD Residential Neighborhood Commercial Subdistrict (RNC) ,fl.. Homo occupation in section 5.02.00 of tho LDC, shall apply unloss specified otherwise bolm.'J. do'.'olopment standards for tho subdistrict aro tho samo as thoso sot forth for tho residential subdistrict 2, unloss othorwiso sot forth bolow. B. The homo occupations permittod inoludo: Accounting (8721), auditing and bookkeeping sorvicos (8721), barber shops :md beauty salons (7231 except beauty culturo schools, cosmetology sohools, or barber collogos), engineer or architectural sorvicos (8713, 8712, 8711), insuranoe agents . and brokors (6111), logal servioos (8111), and roal ostato agents (6531 except mobile homo brokers, on site; housing authoritios, oporating). C. The home oocupation shall bo olearly inoidental to and sooondary to the uso of tho dwolling for residontial purposos and shall not change tho charactor of the dwelling unit. Tho follo'lJing conditions shall bo mot: 1. Thoro shall bo a minimum of one (1) residontial dwolling unit. 2. Tho residont of tho home shall bo tho O'.vnor and oporator of tho Page 70 of 95 Words struck through are deleted, words underlined are added homo occupation. 3. Tho home occupation shall not occupy more than (thirty) 30 porcent of tho primary residential structuro. 1. Tho home occupation shall not omploy more than two (2) employeos at any givon time. 5. Ono (1) wall sign shall bo permittod provided it dODS not oxcood six (6) square foot in area, and shall not projoct more than four (4) foot from tho building on which tho sign is attachod. 6. ^ total of t'.vo (2) parking spacos shall be providod for clients or customers. T'No (2) additional parking spaces shall be providod for omployoos, if -aflY. Tho required parking area or aroas shall not bo leGatod in tho front yard of the residenco. 7. Parking areas shall consist of a dust freo surface such as: Mulch, shell, or asphalt. A singlo row hedge at loast twenty four (24) inchos in height at the time of planting shall bo required around all parking aroas. 8. Thore shall bo no additional drivoway to sor'lo such home occup3tion. 9. Tho~all not bo outdoor storago of matorials or oquipment \:lSefI or associated with tho homo occupation. 4.02.21 Design Standards for Development in the BMUD--Residential Subdistrict (R4) A. Development standards for the Residential Subdistrict R4 are the same as those set forth for the Residential Subdistrict R2. except only sinqle- family uses are permitted. SUBSECTION 3.P. ADDITION OF SECTION 4.02.35 Design Standards for Oevelopment in the GTMUO-Mixed use Subdistrict (MXD) Section 4.02.35 Design Standards for Development in the GTMUD-Mixed use Subdistrict (MXD), of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 4.02.35 DESIGN STANDARDS FOR DEVELOPMENT IN THE GTMUD- MIXED USE SUBDISTRICT (MXD) A. Dimensional Standards Table 1. Design Standards for the GTMUD Mixed Use Subdistrict Desiqn Standards Mixed Use Subdistrict Front streetscape zone Davis Boulevard. US 41. Airport-Pullinq Road and Commercial Drive 16 Feet Measured from back of curb to front yard If no curb exists as on Commercial Drive the front build-to-Iine. which includes existinq streetscape zone shall be 6.5 Feet from the front sidewalk area See GTMUD Fiqure 1 property line. The front streetscace zone shall also apply to any new buildlnas or structures in the C-1 throuah C-5: Zonina Districts which under lay the GTMUD Mixed Use Subdistrict. Steps . and or ramos may encroach in to the streetscape zone but no more than 3 feet. Page 71 of95 Words struck throl:lgh are deleted, words underlined are added Front yard build-to-Iine Sixteen feet measured from back of curb. If no curb exists as on Commercial Drive the front yard build-to- line shall be 6.5 feet from the front property line. .L The front yard build-to-Iine shall mean that line to The front yard build-to-line shall apply to which a building facade must be built, not a any new buildings or structures in the C- minimum distance. 1 throuqh C-5 Zoninq Districts which under lay the GTMUD Mixed Use Subdistrict. ~ A minimum of 70 percent of the buildinq's front facade shall be placed on the front yard build-to- line. The additional Front Facade has to be recessed a minimum of 3 feet from the front yard build-to-Iine. ~ A minimum 10 feet Step-Back from the Front Build- to-Line is required at the third floor and above. Other Streets in Mixed Use Subdistrict front yard build-to-Iine At the Front Property Line. . .L The Front Build-to-Line shall mean that line to , which a building facade must be buill. not a The front yard build-to-Iine shall apply to minimum distance. any new buildings or structures in the C- 1 throuqh C-5 Zoninq Districts which under 2. A minimum of 70 percent of the buildinq's front lay the GTMUD Mixed Use Subdistrict. facade at the qround level shall be placed on the front yard build-to-Iine. The additional front facade must be recessed a minimum if 3 feet from the front yard build-to-Iine, 3. A minimum 1 0 foot step-back from the front yard build-to-line IS required at the third floor and above. Minimum setbacks Side yards - abuttinq residential 1 0 feet Side yards - all other o or 10 feet minimum Rear yard 0-5 feet Waterfront '" 25 feet Minimum building separation o or 1 0 feet Maximum residential density .L For a mixed use proiect, 12 units per acre in the "Mini Trianqle" defined by US 41 East, Davis Boulevard and Commercial Drive. These bonus density units are not deducted from the Bonus Density Pool. 2. For a mixed use proiect. 12 units per acre to include all areas of the Mixed Use Subdistrict except: . North side of Davis Boulevard . East side of Airport-Pullina Road For these excepted areas. three units per acre. or as may be allowed by a rezoninq pursuant to the Future Land Use Element. 3. Residential only proiects (not part of a mixed use development). per the underlyinq zoninq district. or as may be allowed by a rezoninq pursuant to the Future Land Use Element. 18 Outdoors seatina areas. canal walkwav. water manaaement facilities. and landscaolna area may be located within the reaulred setback. Page 72 of 95 Words strucL through are deletcd, words undcrlincd arc addcd Minimum floor area 700 square foot Qross floor area for each buildina on the around floor. Minimum lot area 80,000 Square feet Minimum lot width 400 feet Buildina footprint A buildina with only commercial use is limited to a maximum buildina footprint of 20.000 square feet., except in Mini Trianqle maximum limit is 30.000 square feet. Buildina heiQht of story 14 feet of buildina heiaht equals one story Maximum heiqht of structures Properties developed in conformance with underlying C-4 and C-5 zoning classifications are restricted to maximum building height per section 4.02.01 A. Table 2. Commercial use only buildinas 3 stories or 42 feet to bottom of buildina eave or top of Maximum actual heiaht of structures = 56 a flat built-up roof. measured to first finished floor feet. elevation, by NFIP standards. Parapets on flat roof can be no more that 5 feet in heiqht. Residential use only buildinas 3 stories or 42 feet or 4 stories or 56 feet if frontinq on Maximum actual heiqht of structures = 561 US 41. measured to buildina eave or top of a flat built- feet. UP roof. measured from the first floor elevation. by NFIP standards. Parapets on flat roof can be no more that 5 feet in heiqht. Mixed-use 4 stories or 56 feet measured to buildina eave or top of residential over commercial use buildinas a flat built-up roof, measured to first finished floor Maximum actual heiqht of structures = 70 elevation. by NFIP standards. Parapets on flat roof can feet. be no more that 5 feet in heiaht. Hotel/Motel Maximum actual heiqht of structures = 70 4 stories or 56 feet measured to buildina eave or top of feet. a flat built-up roof, measured to first finished floor elevation, by NFIP standards..-Parapets on flat roof can be no more that 5 feet in heiqht. "Mini Trianale" Mixed Use Proiect 8 stories or 112 feet to buildina eave or top of a flat Maximum actual heiqht of structures = built-up roof, measured to first finished floor elevation. 126 feet. by NFIP standards. Parapets on flat roof can be no more that 5 feet in heiaht. Mixed use building uses Only first two floors can be used for commercial uses. Ceiling heiaht The first floor ceilina heieht shall be no less than 12 feet and no more than 18 feet in heiqht for commercial uses from the finished floor to the finished ceiline and shall be limited to commercial uses onlv. B. ReQulations For Outdoor Display And Sale Of Merchandise. 1. No automatic food and/or drink vendino machines or public pay phones are permitted outside of any structure. Page 73 of 95 Words struck through are deleted, words underlined are added 2. Newspaper vendino machines will be limited to two machines per project site which can be individual buildinQ or a multiple buildinQ development. 3. Outdoor displav and sale of merchandise. within front yards on improved properties, are permitted subiect to the following provisions: 4. The outdoor display/sale of merchandise is limited to the sale of comparable merchandise sold on the premises. GTMUD FiQure 1 - Front Setback Zone Davis Boulevard. US 41. Airport-PullinQ Road and Commercial Drive (For illustrative purposes only) Front Setback Zone Mixed Use Subdistrict and C-1 through C-S Commercial Zoning Districts Front Setback Zone Mixed Use Subdistrict and C.1 through C-S Commercial Zoning Districts , , , , I I , I : ' , .~-..:.... ..:;.:.-==-.~ .. ... :0:, 0, Il:, ' ;.:..-:c~~-, ,I" -ii, it o Il: ~ ' Ii <> , I 'l5,' I i ~ +.<6'-<1" ~ ./.,Qry ~ so;::", sn::- I! i , ~ ).. , Ftont S~ ZDne: to FwI \5 i j J ..... ;. UFt 1" - -_... J z... z...." ~ ",."....d ZcNN:: 1. Feet I.&; Davis Boulevard, US 41 and Airport-Pulling Road Commercial Drive GTMUD FiQure 2 - DeslQn Guidelines: Streetscape Zones Davis Boulevard. US 41. Airport-PullinQ Road and Commercial Drive (For illustrative purposes only specific Desion Guidelines will prepared by Bayshore I Gateway Triangle CRA Advisory Board) =-,...,,~ I r4'll:':,.W':="'_ "-.. '::;;;'~-~:'::::';';:: '::::::.::::::::" =-..-:=:.' Hl'llolll't ~-.._-., CotdUcw~ wc:h.. ~ ,. ~l HI =~ B[]Ej Page 74 of 95 Words struck through are deleted, words underlined are added GTMUD Fiaure 3 - 3 Story Buildina Heiaht. Step Back. Proiections. and Recesses (For illustrative purposes only) MIJSec! . f!~f! SllIJJII~~/c:t! RfI~/c.1f1fJt/~1 above Commercial or Residential ___ _____._____ .__.____ ___..._ __ ___ u_ _ ___~______. ~__ Only Fronting on US 41 : 3 Stories Maximum Actual Height: 56 Feet Mini Triangle Mixed Use 8 Stories Maximum Actual Height: 126 Feet c;()mm~~l~1 ~onJ!!fl fl'~fr!~~ Heights according to current LDC f: t,r~~ j !f..k~~_ \ ~!!,---" ~~ ~ . PIO/<<#on Nloilltld for Awnings, CaflO/J'-s, II1Id Sa/COllIN: 6 FHt Maximum . ~ il " :::: ::I III ~ ~I 1:1 ~ Psrapot maJdmum 4 foot ebollll Rod BoCtom of Ea... Un. or T Of) of Built-up Roof I 10 Feel Minlmum 5/8irBscI< from Front Ystrl Bufld-/D-Une 3nI StoIy end Aba... ! ~ .t '" I i l!. MaJdmum HeJght: 42 Ft 11 eommerclel V.. or ll: Resldentfel Use Bu/JdingII ~ Only l. I ., RNldentiBl Use Only 70" of FfOIIt Facltde mua be p/MIed Q'I Front Ystrl BuIJd.lo..l.Jne. 8nd Reos.sNs must be . MInimum of 3 F8et 3 F.et GTMUD Mixed Use Subdistrict and C-1 through C-S Districts: Building Height, Step-Back, Projections and Recesses Page 75 of 95 Words struck throHgh are deleted, words underlined are added ! !! J Ii; i ~ III j I Mixed Use Subdistrict! Residential 1!~~!J;.~mmf~!'!:JIIl !)!' B~!c!en!l1!1 9n'Y. Frontj'1~ !J.n l.!~~!: 4 Stories Maximum Actual He/ght: 10 Feet Ml!'I rd~'1lllflltf/~'5! tJ~fl 8 Stories Maximum Actual Height: 126 Feet g~mmerr:/aL~on/'1g.~iStr!C~ Heights according to current LDC Pto/e<:IIona Allowed tv Awning.. or 88/conJea Pe/rIpfJi lIIIVtImum .. IiHJt abo1i8 Roof --~EiOiiiiM-Ot EeW! Une or ToP at BuRt-up Roof .......... I RNidMIi., U... Only 10 MInimum FMl ~~~~ f __n____ Front YIJIrJ BulId-to-U1l611t 3ttI1JfId Sloty end AlloW! rf.8-=~j :r1~ AI....... r t::=::= Pto/K1ian AIIoWfld for AwnIngs. Cenapt... _ 8IJfconi... RNirJMIJ., U.. Only ~ or RelJrJlJnthlllhtl Only 4 stoMa Maximum Height 611 Ft M/)(IJd U...: RNlden/t1Jl eMIr Commerc/IJI or RelJidlJnllsl Only Fronting an US 41 CIIIIrtg 1 .................................=.- -- Noi:::::/= l' No mor.lIIan 18 FMl --...::; !! F/ral Floor ConImIJn:I&Iu. Only "-Floor_ ~ I l' 70% of Front FacadIJ mUll be placed on ::I I Front YIJITJ BuJld..trHJTIIJ, IJfId R__ S I muat be e MInImum or 3 Fet1t i J.- 3FHt .il ~I ~I tEl J: Page 76 of 95 GTMUD Mixed Use Subdistrict and C-1 through C-5 Districts: f!~l!~!fJg li~lg!1tl_~~!!i!"'f!!!~l!l_!'roi~tJo'1~I1'1d ~~c~~~ Words struck through are deleted, words underlined are added I ~ f J a e. J :s I 1 !!! t .. I I Ii! t ) .. GTMUD Fiaure 4 - 4 Story BuildinQ Heiaht. Step Back. Proiections. and Recesses (For illustrative purposes only) C. Parking Standards For Mixed Use Proiects Property developed in conformance with underlyino zonino classifications shall meet the parkino space requirements per section 4.05.03 and 4.05.04 of this Code. 1. Four (4) spaces per 1,000 square feet of floor area open to the oeneral public for commercial use. 2. Minimum one and one half (1.5) parkino spaces for each residential unit. 3. Outdoor cafe areas shall be exempt from parkinQ calculations. 4. Parkino Location a. New Development i. I nterior lots Parkino shall be located behind the front yard build- to-line on side or rear of the buildings. ii. Corner lots Parkino shall be located behind the front yard(s) build-to-Iine on side or rear of the buildings. b. The parkino location requirements will also apply to new development for C-1 throuoh C-5 zoned property, which underlay the GTMUD Mixed Use Subdistrict. ParkinQ lots shall be desioned for interconnection. with adiacent property. GTMUD Figure 5 - Parking Location (For illustrative purposes only) GTMUD - Mixed Us. Subdistict: Location of Off Street Parking Interior Lots 100 % of parldng permitted on side or rear of Front Yard Build-Ia-Une. Public _ L Front V.rrI BuIIrJ.Io.Un.J II 5. Shared parkino requirements shall be consistent with those provided in subsection 4.05.02 of the LOC. D. Desion Standards for Awninos, Loadino Docks. Dumpsters, and Streetwalls L Loadino docks and service areas shall not be allowed on the Front Build- to-Line. ~ All dumpsters must be located in the rear yard and screened from US 41 . Oavis Boulevard. Commercial Orive. or Airport-Pullino Road. E. LandscapinQ and Buffer Reauirements. L Landscapino and buffer reauirements shall be pursuant to section 4.06.00 of the Code unless specified otherwise below: Page 77 of 95 Words SffiK1k through are deleted, words underlined are added 2. Buffers are required between GTMUD-MXD Subdistricts and contiQUOus GTMUD-R Residential Subdistricts. A minimum buffer 10-foot wide landscaped area shall be required. This area shall include: a (6) six-foot hiqh opaque masonry wall; a row of trees spaced no more than 25 feet on center; and a sinqle row of shrubs at least 24 inches in heiQht, and 3 feet on center at the time of plantinq. Landscapinq shall be on the commercial side of the wall. 3. A shared 10 foot wide landscape buffer with each adiacent property contributino a minimum of 5 feet is required between GTMUD-MXD Subdistricts abuttino Commercial Zoned Districts or abuttino GTMUD- MXD Subdistricts. However, the equivalent buffer area square footaoe may be provided in the form of landscaped and hardscaped courtyards, mini-plazas, outdoor eatino areas, and buildinQ foundation plantino areas. 4. Parkino lots and/or access drives abuttino commercial property shall be required to have a minimum 10 foot perimeter landscaped buffer. This area shall include a row of trees spaced no more than 30 feet on center. 5. BuildinQ foundation plantino will only be required on the rear and sides yards. The foundation plantinq shall be a minimum of 50% of the buildinQ's oround floor1perimeter measured in linear feet and an averaoe of five-feet (5) wide. This area must be landscaped with trees and/or palm in the amount of one tree or palm equivalent per 25 linear feet of buildinQ foundation plantino perimeter; and with 3-oallon shrubs and 1-oallon oround covers other than qrass. Trees and palm trees shall be planted in areas that are a minimum of 8 feet wide. Palm trees, when used to meet these buildinQ foundation requirements, shall be counted as one palm is the equivalent of one tree. 6. A minimum of 50% of the surface water manaoement area shall be landscaped. Trees shall be provided at the rate of 1 tree per 250 square feet, with the balance of the area landscaped with shrubs. oround covers and ornamental orasses. . 7. Streetscape zone (front yard) The streetscape and landscapino standards for this zone will be based on Streetscape Desion Guidelines to be prepared by Bayshore / Gateway Trianole CRA Advisory Board. 8. Streetwalls Streetwalls shall be used when surface parkino lots abut the riaht-of- way of US 41, Davis Boulevard, Commercial Drive. or Airport-Pulling Road. The wall shall be constructed of the same or complementary materials as the primary buildlnQs and be 3 to 4 feet in heioht, and shall have a 12 inch projection or recess a minimum of every 10 to 12 feet. The streetwall can be a combination of wall and metal fence materials. (no chain link fencinq is allowed) which: !.: Complement the buildinQ materials. The street side of the streetwall shall have shrubs least 24 inches in heiaht and spaced 3 feet on center at the time of plantina. with around covers other than orass in a minimum 5 foot wide strip. b. No two streetwalls shall adioin on a common property line. 2.:. The streetwall shall be set back the appropriate distance from the Front Set Back Line in order to meet County Standards for Site Distance Trianole (Section 4.06.01, D.1.) for eoress from parking lots. Page 78 of 95 Words struck through are deleted, words underlined are added 9. The landscapino and buffer requirements of this section shall apply to all new buildinQs in the GTMUD- Mixed Use Subdistrict and underlYinq C-1 throuoh C-5 zoninQ classifications reqardless of heiqht. GTMUD FiQure 6 - Streetwall (For illustrative purposes only) Side Parking Lot with Streetwail G. Architectural Standards. Architectural desiQn theme. The "Old Florida" or "Florida Cracker" desiqn theme is encouraqed for new development, construction or existinQ buildinQ renovation or rehabilitation in GTMUD Mixed Use Subdistrict, and the C-1 thouqh C-5 Commercial ZoninQ Districts within the GTMUD Overlay. GTMUD FiQure 7 - Old Florida or Florida Cracker Stvle (For illustrative purposes only) .L All bulldlnas shall meet the requirements set forth in section 5.05.08 unless otherwise specified below. 2. ReQardless of the chosen architectural theme the followino design elements are required. a. All bulldlnas adiacent to US 41. Oavis Boulevard. Commercial Drive. Airport-Pullinq Road or future north-south streets will have the principal pedestrian entrance frontino US 41, Davis Boulevard, Commercial Orive. Airoort-Pullino Road or future north south streets. Page 79 of 95 Words struck thrOl:lgh are deleted, words underlined are added b. Thirtv-five (35) percent of the buildinas facade that faces US 41. Davis Boulevard. Commercial Drive, or Airport-Pullino Road will be clear olass with a maximum tint of 25%. c. Clear olass windows (with a maximum tint of 25%) between the heioht of two (2) and seven (7) feet above sidewalk orade are required on the primary facade of the first floor of any buildina. d. Attached bulldina awninos. canopies or balconies may encroach over the Front Build-to-Line bv a maximum of five (5) feet. e. Florescent colors shall not be used. 1. Maximum uninterrupted buildina lenoth requirements: Where a buildina or a series of bulldinas form a continuous wall that exceeds 200 feet in lenath, a pedestrian walkwav or passaaewav shall be provided at the oround floor within the middle third of the lenoth. The walkwav/passaoeway shall be not less than 15 feet in width and not less than 10 feet in heioht. A walkwav/passaoewav may be roofed. A walkwav/passaoewav shall be open to the public. a. Hip or oable builtJina roofs shall be metal material ( 5v Crimp. Standino Seam or similar desion) h. Have windows with vertical orientation and the appearance of divided glass trim. i. Facade wall bulldina materials shall be of wood, natural stone. stucco finish or cement board products. GTMUD Fiaure 8 - Bulldina Lenath (For illustrative purposes onlv) c;TM(JP~Mi~lI(/lJse !>uiJdisrrict Building Lenfllh -II I c200kM II D".E==: '; -"'~ ---,.~_"_".,.. I "'H'._ ... . 1 ----- -- ".,., I -- ..... .,...., '1 I I I ..... 113 """'Y/Ih I H. Sionaoe shall be as required bv division 5.06.0 unless specified below: .1: One sandwich board sian is allowed on the public rlaht-of-wav between the curb or travel lane and the private property line per business establishment as lono as it is no more than ten (10) square feet per sidel allows for a passaQewav on the sidewalk of 36 inches for ADA accessibilitv. and it is removed from the rlaht-of-wav when the business is not open. SUBSECTION 3.Q. ADDITION OF SECTION 4.02.36 Design Standards for Page 80 of 95 Words stmek throligh are deleted, words underlined are added Development in the Golden Gate Downtown Center Commercial Overlay District (GGDCCO) Section 4.02.36 Design Standards for Development in the Golden Gate Downtown Center Commercial Overlay District (GGDCCO), of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 4.02.36 DESIGN STANDARDS FOR DEVELOPMENT IN THE GTMUD-- RESIDENTIAL SUBDISTRICT (R} A. Dimensional and DesiQn Standards Table 2. Desian Standards in the GTMUD Residential Subdistrict (R} Density Per Under LyinQ ZoninQ RMF-6 6 units per Per new zoninQ district RMF 6 or RSF 4 or as may acre consistent with the Future be allowed by a rezoninQ RSF- 4 4 units per Land Use Element pursuant to the Future .egg Land Use Element I Minimum Lot Width Sinole-family 50 feet Two-family! Duplex 50 feet Townhouses 25 feet Multi-family 100 feet Minimum Setbacks Min. front yard Min. side yard Min. rear yard (feet) -. .1Q One (sinQle) family 1 0 feet 7.5 feet units 5 feet Two family! Duplex 10 feet .1Q dwellinQ units o feet when abuttinQ another townhouse, if Townhouse 1 0 feet not then the same .1Q standards as a two family dwellinQ unit Multi-family (three or 1 0 feet 7.5 feet 15 more) dwellinq units BuildinQ Standards Sinole-familY 1500 square feet per unit Minimum floor area Two-family/Duplex 1000 square feet per unit Townhouses 1000 square feet Der unit Multi-family 750 square feet Der unit Page 81 of95 Words struck through are deleted, words underlined are added Maximum actual heioht of principal structures 56 3 habitable floors or 42 feet to buildinQ eave or feet top of a flat built-up roof. measured from the first habitable floor elevation. by NFIP standards. Parapets on flat roof can be no more that 5 feet in heiqht. Maximum actual heiqht of accessory screen Same as principal structure. not to exceed 35 enclosures feet Maximum actual heiqht of all other accessory 26 feet but in no case hioher that the main structures buildinQ. B. Parkino Standards 1. Parkino shall be as required by section 4.05.00 of the Code. C. Architectural Standards 1. BuildinQs and their elements shall adhere to the followino: a. Street-facino facades of multifamily buildinQs shall be divided usino articulation and/or modulation at least every sixty (60) feet. Facade modulation is steppino back or extendino forward a portion of the facade at least five (5) feet measured perpendicular to the front facade for each interval. Articulation includes porches. balconies, bay windows and/or covered entries. b. The primary entrance shall be oriented to the street. Orientation is achieved by the provision of a front facade includino an entry door that faces the street. .9.: On corner lots. both street facades of a buildinQ shall have complementary details; in particular, buildinQ materials and color, rooflines and shapes, window proportions and spacino, and door placement. d. All mechanical equipment must be screened with a three (3)-foot high hedoe or an opaque fence or wall at any heioht equal to the mechanical equipment. GTMUD FiQure 9 Tvpical Front Elevation Residential Development (For illustrative purposes only) ~' ~--- ~ ~0ttedJH 7low:I SfDt)I. ~ r.""" 0ttIIchMt Page 82 of 95 ~. . ~.&J ///--~~'~ ilifL.... '.'- ..-.."..... -... .-...... Ji'.-.-_--........----......"._ ....-,-. ......-. . .'--". ._.- ~.".- i . . I' . , . ': .' ~ j I r/IIVFIIIlIfJY/~/rwo~ 7lOO F tlIMll DI4ll'tll ~;~t Words strl:lek thrmlgh are deleted, words underlined are added 3. BuildinQs shall adhere to the followino elevation requirements: a. A maximum of two feet of fill shall be allowed on site towards meetino NFIP requirements. Additional NFIP heioht requirements shall be accomplished throuoh stem wall construction. Stem walls shall be finished in material and color complementary to the main structure. b. Open stilt-type construction is not permitted. On front yards, the facade area below the first floor must be treated with a solid facade or lattice, which is consistent with the architectural style of the buildinQ. c. The Qaraoe floor shall not exceed twenty-four (24) inches above the elevation of the riQht-of-wav from which it is accessed. 4. Front porches shall adhere to the followino standards. a. Front porches may encroach seven (7) feet into the front yard setback if the structure is located on the minimum front yard setback (10 feet) with an additional three (3)-foot encroachment allowable for entr'y stairs. b. Front porches must cover a minimum of forty (40) percent of the horizontallenoth of the front yard facade of the primary residence. c. Front porch des ion and materials shall be consistent with the architectural desion and construction materials of the primary residence. d. Front porches shall not be air-conditioned or enclosed with olass. plastic, or other materials. Screenino the porch is allowed as long as the moldinQs that hold the screen material match the material and desiqn character of the structure. e. Steps shall encroach no more than three feet into the front yard setback. GTMUD FiQure10- Front Porches (For illustrative purposes only) LDdJ Tar 1St , ' ::=::'~~Hnl ::.::....'-,,- ,_ -_0:- -. - ~~_-___. -_.- -~--~.. __.. '- - --. _.._-_._-.._~ ODD ODD DLlC::-J CCID DLJLJ LlLJD DDD DDD Porch.. 40% of Front F.c.de 5. Garaqes and Oriveways. !.:. Other than the permitted driveway. the front yard may not be paved or otherwise used to accommodate parkinq. b. No freestandina carports are permitted. Carports and porte-cochere (Fioure GTMUO 11) must be attached to the Drlncipal structure and must be of similar materials and desion as the DrinclDal structure. Page 83 of 95 Words stntek through are deleted, words underlined are added ~ The distance from the back of the sidewalk to the oaraoe door (GTMUD Fioure 10) must be at least 23 feet to allow room to park a vehicle on the driveway without parkino over the sidewalk. Should the oaraqe be side-loaded there must be at least a 23-foot paved area on a perpendicular plane to the oarage door or plans must ensure that parked vehicles will not interfere with pedestrian traffic. GTMUD Fi~ure 11. Gara~es (For illustrative purposes only) I I , I I , I I I I TL, I Fron. Porch \ , \ / , GlInt," IIlnlmun ... i %J I'Mlli'Dm ... -"" B.lck of ::J ~_J~ Sid_it ~~=~~ I IIde.a.. GTMUD Fi~ure 12 Porte-cochere (For illustrative purposes only) ,.....----------.., I I I I I I I I I , I / , I----} 'gL,' -...1 h-" i I ., , . I ' ~- '. , ~uE~Lt- J' 'I '.\ ~ . ....... .,,/.. . '''.''-. """...,' ... ...."".,". ..' .,.~ .- ... ."-. . n_'_..__.__ _,_.. '.... ...._ .. m'. ... , ,--__<vY" ''-'''. 6. An accessory unit is a separate structure located at the rear of the property and related to the primary residence (single-familv detached only) Page 84 of 95 Words stntck through are deleted, words underlined are added for uses which include, but are not limited to: library. studio. workshop. playroom. screen enclosure. oaraoe. swimmino pool or Questhouse. Ownership of an accessory unit shall not be transferred independently of the primary residence. a. Only one (1) accessory unit of each type is permitted per principal structure. b. The maximum area of an accessory unit is 550 square feet. limited to one (1) habitable floor. c. The accessory unit may be above a oaraoe or may be connected to the primary residence by an enclosed breezeway or corridor not to exceed eiqht (8) feet in width. d. The maximum heioht of a structure containinq an accessory unit over a oaraqe is limited to a maximum of twenty (20) feet. measured from the level of oraded lot to the eave, and with a maximum actual building heioht of twenty-six (26) feet to the top of the roof. A structure containino only a quest unit must meet NFIP first habitable floor heiqht requirement. Table 3: Setbacks for Accessory Buildings and Structures BuildinQ I Structure Front Rear Side Library SPS* 1 0 feet SPS* Studio SPS* 10 feet SPS* Workshop SPS* 15 feet SPS* SwimminQ pool and/or SPS* 10 feet SPS* screen enclosure Playroom SPS* 10 feet SPS* Garaqe SPS* 1 0 feet SPS* GaraQe Guesthouse SPS* 15 Feet SPS* above Guesthouse SPS* 15 Feet SPS* *SPS - Same as principal structure 7. Fencino forward of the front or primary facade of the structure is permitted subiect to the followino conditions: a. The fence shall not exceed 42 inches feet in heioht. b. The fence shall have an opacity ranqe of 18% to 50% c. Chain link fence is prohibited. d. The fence material shall be wood. vinyl. composite. stucco block or metal. e. Fencino and walls must arChitecturally complement the primary structure. Page 85 of 95 Words struck through are deleted, words underlined are added GTMUD Fiaure 13 - Permitted Tvplcal Fencina (For illustrative purposes only} 8. Landscapino and buffer requirements for new residential development as required by section 4.06.00 of the Code. SUBSECTION 3.R. ADDITION OF SECTION 4.02.37 . Design Standards for Development in the Golden Gate Downtown Center Commercial Overlay District (GGDCCO) Section 4.02.37 Design Standards for Development in the Golden Gate Downtown Center Commercial Overlay District (GGDCCO), of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 4.02.37 Desion Standards for Development in the Golden Gate Downtown Center Commercial Overlay District (GGDCCO) A. Development criteria. The followino standards shall apply to all uses in this overlay district. Where specific development criteria and standards also exist in the Golden Gate Area Master Plan, or the Future Land Use Element of the Growth Manaoement Plan. these standards shall supersede any less strinoent requirement or place additional requirements on development. 1. Cessation of residential uses. Existino, non-owner-occupied residential uses located alono Golden Gate Parkway shall cease to exist no later than seven years after the effective date of the adoption of the Downtown Center Commercial Subdistrict in the Golden Gate Area Master Plan (adopted October 26. 2004; effective January 14, 2005). This does not require the removal of residential structures located elsewhere in this overlay district. 2. Multi-story bUlldlnas. a. Only retail. personal service, and institutional uses are allowed on the first floor. b. All uses allowed by this zonino overlay. except restaurants and cocktaillounaes, are allowed on the second floor. c. Only residential uses are allowed on the third floor. 3. Densltv. Densitv shall be as per the underlyina zonino district. For mixed-use proiects. density shall be calculated based upon total project acreaoe. 4. Setbacks. Page 86 of 95 Words stnlck through are deleted, words underlined are added a. All development and redevelopment on lots abuttlnQ Golden Gate Parkway shall have a front yard and setback of no more than fifteen feet (15). All projects providino a front yard setback oreater than zero (0) feet must provide restaurant seatino, and/or open space areas such as other seatino. plantino areas, and decorative landscape planters within such front yard, except that water manaqement retention and detention areas are prohibited. b. All development and redevelopment on properties in the overlay area not abuttinQ Golden Gate Parkway must comply with the front yard setback requirements of that property's underlyino zoning. c. Side yard setback shall be a minimum of 5 feet. d. Rear yard setback shall be no less than one-half of the buildinQ heioht, with a 15-foot minimum. 5. BuildinQ footprint limits. a. Minimum buildinQ footprint of 3.000 square feet. b. Maximum buildinQ footprint of 12,000 square feet. 6. Minimum floor area - residential. a. Mixed use. Minimum floor area of 1,500 square feet. 7. Minimum Heioht. The zoned heioht of buildinQs shall be no less than 34 feet. 8. Maximum heioht. The actual heioht of buildinQs shall not exceed three stories or 45 feet. 9. Crime Prevention Throuoh Environmental Desiqn (CPTED) Standards. The Golden Gate community supports the CPTED philosophy as a way to reduce crime. improve neiohborhood and business environments. and increase overall quality of life of its citizens. CPTED principles such as natural sUNeillance. natural access control. and territorial reinforcement shall be incorporated into the overall desion of the proiect. consistent with the provisions in this overlay and as identified below. a. Public paths shall be clearly marked by usino desion elements such as landscapino and pedestrian accent liohting. b. Public entrances shall be clearly defined by walkways and sionaoe. as specifically provided in this overlay. 10. Common architectural style. In support of the purpose and intent of the GGOCCO. all structures within the overlav district shall have a common Mediterranean architectural style. with barrel tile roofs. stucco facades, arches and wood accent members used as details. Ourino the site development plan review process. architectural drawinos shall be submitted to demonstrate adherence to this requirement. All commercial and mixed use buildinQs and proiects shall be subiect to the provisions of section 5.05.08 of the Code, except as provided herein. 11. Architectural standards. All bulldlnQs shall meet the reQuirements set forth in section 5.05.08. except as otherwise specified below: a. Bulldlnas with frontaae on Golden Gate Parkwav shall have sixty (60) percent of the oround-floor facade finished with clear I Page 87 of 95 Words stmck through are deleted, words underlined are added or Iiohtlv tinted olass. b. The olazed area of the facade above the first-floor shall be at least twentv (20) percent but shall not exceed thirtv-five (35) percent of the total area. with each facade beino calculated independentlv. c. Desion elements used to embellish the primary facade shall be similarly incorporated into the rear facade of buildinas. d. The facades of buildinas 5,000 square feet or lamer shall use rooflines that vary in heioht or architectural embellishments, such as cupolas, at least every eiohty (80) feet. e. Parapet roof treatments are prohibited. f. Flat roofs must be screened with a mansard edoe barrel tile roof extendino the lenoth of all facades. o. Buildina entrances shall be accentuated through architectural elements. liohtino, landscapino, and/or pavino stones. I 12. Outdoor display/sale of merchandise a. No automatic food and drink vendino machines shall be located exterior to buildinas. 13. Access. Those aOQreoated lots developed under these overlay proVIsions and frontino on Golden Gate Parkway must provide site access from abuttina local streets and may not obtain site access from Golden Gate Parkway, and where one such commercial or mixed use development provides site access at the project boundary abuttina other lots, whether aOQreQated or not for commercial or mixed use development. Such developments must provide for joint or cross access with the abuttlna property or properties in order to share access and minimize the number of points from Golden Gate Parkway. 14. Parkino standards. All commercial and mixed-use projects shall meet the parkino requirements as set forth below: a. A minimum of three (3) public parkino spaces for each 1.000 square feet of commercial floor area. b. A minimum of 1.5 parkino spaces for each residential unit. c. No parkino is allowed in the front yard of lots abuttina Golden Gate Parkway. d. There shall be no parkino requirement for outdoor restaurant seatino areas. e. Shared parkino is required. where possible and feasible. f. Interconnection between adiacent parkino lots is required. where possible and feasible. O. Parkino facility IiQhtino shall be consistent with the pedestrian/accent decorative lightino fixtures illustrated in Fio. 29. paoe 5-9 of the Golden Gate Community Roadways Beautification Master Plan, as amended, and shall be maintained at a Iioht level of 3.0 foot candles. and arran oed and shielded in a manner that protects roadways and neiohborina properties from direct olare or Page 88 of 95 Words struck through are deleted, words underlined are added other interference. h. All projects that are adiacent to residential develoDment within the district and/or residentially zoned properties outside the district shall provide liohtino fixtures with full-cutoff optics that direct the lioht source downward. i. The overnioht parkino of commercial vehicles, with a rated load capacity of one ton or more, is prohibited. i. The overnioht parkino of commercial vehicles shall be limited to one (1) vehicle per 1,000 square feet of commercial floor area, not to exceed six (6) commercial vehicles per buildina. 15. Proiect standards. In addition to the site desion elements described in section 5.05.08 C.5.d of the Code. all projects shall provide: a. Two accent or specimen trees, above the minimum landscape code requirements, for every 100 linear feet alono both the front and rear facades. at a minimum heioht of 18 feet at planting, except that projects with frontaae alono Golden Gate Parkway shall only be required to provide the plantino alono the rear facade. b. Decorative landscape planters or plantino areas, a minimum of five (5) feet wide, and areas for shaded seatino consistino of a minimum of 100 square feet. 16. Landscapino. All commercial and mixed use projects shall meet the landscape requirements in section 4.06.00 of the Code, unless otherwise specified in this zonino overlay. a. Project Perimeter Bufferina. All projects that are located adjacent to residential zonino external to the district boundaries shall provide a six (6) foot wide sidewalk and a minimum nineteen (19) foot wide landscape plantino area, except that the proiect's frontaae alono Golden Gate Parkway shall be exempt from this requirement. The plantinQ area shall be landscaped with: 1. shrubs and Qround cover; shrubs shall be planted in a double row and be no less than 24 inches in heioht at time of plantino; and, 2. Trees, planted one per 30 linear feet and, at time of plantino, shall be a minimum heioht of 22 feet. b. Internal Proiect Bufferlna. All proiects that are located adiacent to a residential use within the district boundaries shall provide an Alternative B buffer per section 4.06.02 C.2. except: walls and berms are prohibited, a freestandino hedoe must be 6 (six) feet in heiaht. if a fence is provided it must be accompanied bv a hedae 3 (three) feet in height with a 2 (two) foot spread at time of planting. The proiect frontaae alono Golden Gate Parkway shall be exempt from this requirement. c. Building Foundation Plantina Areas. Building foundation plantinos shall be required for all proiects. except for buildings adiacent to Golden Gate Parkway and the riahts-of-way abuttino the district's external boundaries. Page 89 of 95 Words stmek through are deleted, words underlined are added d. Project Vehicular Use Areas. Mountable curbs shall be provided for all terminal landscape islands as depicted in Fioure 3, Section 4.06.03.B.3. 17. Golden Gate Parkway Riaht-of-Wav Improvements. Riaht-of-wav improvements reQuired for properties/lots with frontaae along Golden Gate Parkway. a. CurbinQ. All proiects/lots shall provide Type "F" non-mountable curbinQ per F.D.O.T. "Roadway and Traffic Desion Standards" Index 300, the latest edition. b. Landscapino. All proiects/lots shall be reQuired to provide an eiQht (8) foot wide landscapino strip between the curb and sidewalk. This plantino area may be reduced between tree spacino to five (5) feet wide. for a maximum of 50 percent of the buffer area, to accommodate street furnishinos and fixtures. consistent with the Golden Gate Community Roadways Beautification Master Plan. The landscapino strip shall be landscaped with: 1. Turf. not to exceed 50 percent of the plantino area: 2. Shrubs and Qround cover, at a minimum of 50 percent coveraoe. not to exceed a mature heioht of twenty-four (24) inChes; and. 3. Canopy trees. planted one per 30 linear feet and, shall be at time of plantino, a minimum 4-inch caliper with 8 feet of clear trunk and 22 feet in heioht. All plantino materials in the public riaht-of-wav shall be consistent with those identified in the Golden Gate Community Roadways Beautification Master Plan. Installation and maintenance shall be consistent with the Collier County Construction Standards Handbook for Work within the Riaht-of-Wav. Where riaht-of-wav plantinos above are not practicable. a plantino area and/or a decorative planter(s) may be provided consistent with the Collier County Construction Standards Handbook for Work within the Riaht-of-Wav. Property owners shall be reQuired to enter into a Landscape Maintenance Aoreement with the County for the installation and maintenance of the reQuired rlaht-of-wav plantinos. Landscape Maintenance Aoreements shall reQuire a sioned and sealed landscape and irrioation plan(s). review by the appropriate Transportation Division staff, approval by the Board of County Commissioners, and recordino of said aoreement with the Clerk of Courts. Plans shall include. but not be limited to. the followino: i. Existino conditions inventory ii. Proposed plantinos/details of plantino methods and maintenance specifications iii. Location of utilities iv. Location of drainaoe facilities v. Irrioation proposal. includino water connections c. Sidewalks. All proiects/lots shall provide a ten foot wide sidewalk between the reQuired landscape strip identified in "b." above and the propertv line. Sidewalks shall be constructed pursuant to the Land Development Code and the "Construction Standards Handbook for Work within the Rlaht-of-Wav". Decorative pavers (consistent with the approved pavers identified in the Golden Gate Community Roadways Beautification Master Plan) may be Page 90 of 95 Words stmck throl:lgh are deleted, words underlined are added substituted for portions of sidewalk. subiect to approval by the County Manaqer, or desiqnee. Where a portion of the required sidewalk cannot be constructed in the public riaht-of-way. the property owner shall locate such portion on their private property and qrant the County an easement. 18. Address numbers. Address numbers shall be 8 inches in vertical heiqht and shall be located on the primary buildina facade. Numberinq materials shall be reflective and have a contrasting backqround. 19. Siqnaqe. As required, allowed, or prohibited in section 5.06.00 of the Code, except as specified below: a. A sinqle external wall sian may be applied to both the front and rear facades of the buildina provided that it shall not exceed two (2) feet in vertical dimension. This wall sian(s} shall not exceed 80% of the width of the unit(s} or the buildina occupied by a business with a minimum of ten percent clear area on each outer edqe of the unit(s}. The wall sian(s} shall consist of letters applied directly on the facade(s) of the buildina. A wall sian(s} shall only be permitted on the first floor of a buildina. b. In lieu of the external wall sian(s} permitted in paraqraph "a." above, the vertical drip of an awning may be stenciled with letters no more than 8 inches in heiqht and shall not exceed one third of the lenqth of the canopy. Such sian shall be limited to the first floor only. c. In addition, an under canopy or proiection sian shall be required for, and limited to, the business located on the first floor. Such sians shall not exceed 6 square feet, shall not project more than four (4) feet from the buildina on which it is attached, and shall be elevated to a minimum of 8 feet above any pedestrian way and shall not exceed a heiqht of 12 feet. d. Sinqle or multiple occupancy parcels where there is 'double frontaae on a public riaht-of-way. shall be allowed three sians, but such sians shall not be placed on one wall, and shall be limited to the first floor only. e. Sians used on the primary facade shall also be similarly provided on the rear facade of the buildinas. f. One Identification sian may be provided for a second floor business(s). Such sian shall only be permitted in the rear yard and shall have a minimum setback requirement of 10 feet. Such sian shall not exceed 24 square feet in size and 4 feet in heiqht. The display area of the sian may only include the business loqo, name, and addre~ Corner lots and throuqh lots shall locate such sian in the rear of the buildina. Q. External slans shall not be translucent. but may be externally lit or backlit. Page 91 of 95 Words stnlck through are deleted, words underlined are added h. No sian, displav, merchandise or window tintina shall be placed on or adiacent to any window that would interfere with the clear and unobstructed view of the interior of the establishment from the outside and, in particular, of the cash reoister(s) from the street. I. The followina sians are prohibited: freestandina sians, except identification sians, real estate sians, and construction slans: stencilino and other window sians, except "open" sians, which shall be limited to two and one-half sauare feet in size. i. Portable restaurant sians shall be permitted subiect to the following reaulations: 1. Slans shall be "An frame desion 2. Onlv one sian shall be permitted per restaurant 3. The sian dimensions shall be a maximum of 24-inches wide and 48-inches in heioht. 4. The sian' shall be displaved on Iv durino the hours of operation of the establishment. 20. Liahtino. As described and provided in the Golden Gate Community Roadwavs Beautification Master Plan or as identified below: a. Internal Project Liohtino. All proiects shall use architectural decorative liohtino. Such liohtino shall be the same decorative Iiohtina as identified in Fioure 29 on paoe 5-9 of the Golden Gate Community Roadwavs Beautification Master Plan. If such liohting becomes unavailable, similarlv themed liahtino shall be used. Liaht fixtures must lioht all public use areas adiacent to the bulldina (e.o. entrvwav, courtyards, etc.) to a recommended 0.5 candle level of illumination. Liohtino shall be arranaed in a manner that protects roadways and neiohborina properties from direct alare or other interference. b. Street/Roadway Liahtino. Architectural decorative Iiohtino shall be used alono Golden Gate Parkway within the public riaht-of-wav. Such liohtino shall be a variation of the decorative lighting identified as Fioure 29 on paae 5-9 of the Golden Gate Community Roadwavs Beautification Master Plan, more specificallv identified as the Lumec Domus Series (DMS50-250MH-SG3-480-LD-DL- CRL72-1A/ U.S. 41 East liohtino fixture). If such lightino becomes unavailable, similarlv themed Iiohtino shall be used. The installation and maintenance of Iiahtino shall be consistent with the Collier County Construction Standards Handbook for Work within the Riaht-of-Wav. 21. Oumpsters. Dumpsters shall be screened and positioned out of view from public rlahts-of-wav and pedestrian walkwavs. * * * * * * * * * * * SUBSECTION 3.S. AMENDMENTS TO SECTION 10.03.05 Notice Requirements for Public Hearings Before the BCC, the Planning Commission, the Board of Zoning Appeals, the EAC and the Historic Preservation Board Section 10.03.05 Notice Requirements for Public Hearings ~efore the BCC, the Page 92 of 95 Words strl:lek throl:lgh are deleted, words underlined are added Planning Commission, the Board of Zoning, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: * * * * * * * * * * * * * G. Notice and public hearino requirements where proposed resolution bv the board of county commissioners would approve a mixed use project (MUP) located in a mixed use district overlav. In cases in which the applicant requests approval of a mixed use project (MUP) under the provisions of a mixed use district overlay. with or without requested allocation of bonus density units, where applicable, the mixed use proiect shall be considered for approval pursuant to the following public notice and hearinQ requirements bv the board of county commissioners. 1. The board of county commissioners shall hold one advertised public hearing on the petition to approve a mixed use proiect for property located in a mixed use district overlav. The public hearino shall be held at least 15 days after the day that an advertisement is published in a newspaper of oeneral paid circulation in the county and of Qeneral interest and readership in the community. 2. At least one Neiohborhood Informational Meetino (NIM) shall be conducted by the applicant (in coniunction with the overlav area advisory board, where such advisory board exists) before the public hearinQ bv the board of county commissioners. Written notice of the meetino shall be sent bv the applicant to all property owners who are required to receive legal notification from the County pursuant to sections 10.03.05 B.8 and 10.03.05 B.9. A Collier County staff planner, or desiqnee, must also attend the neighborhood informational meetinq; however, the applicant is required to make the presentation on the development plan of the subiect property. 3. The applicant shall further cause a displav advertisement. one-fourth paoe. in type no smaller than 12 point; which shall not be placed in that portion of the newspaper where leoal notices and classified advertisements appear. The ad shall be published no later than 7 days prior to the date of the neiohborhood informational meetino. The ad shall state the purpose, location. and time of meetino, and shall displav a legible site location map of the property for which the mixed use project approval is beino requested. 4. The applicant shall post the subiect property with an outdoor sian at least ten days prior to the date of the public hearino before the BCC. The sian to be posted shall contain substantiallv the followino lanouaoe and the sion's copy shall utilize the total area of the sian: a. PUBLIC HEARING REQUESTING APPROVAL OF A MIXED USE PROJECT TO PERMIT: (Name of Proiect) (Number of acres) DATE: TIME: ALL OF THE ABOVE TO BE HELD IN COMMISSIONERS MEETING ROOM, COLLIER COUNTY GOVERNMENT CENTER. HARMON TURNER BUILOING. 3301 E. TAMIAMI TRAIL, NAPLES, FL 34112. 5. The area of the sian shall be as provided in section 10.03.05 B.3.d. of the Code. Page 93 of 95 Words stmck tl1rOl,Jgh are deleted, words underlined are added 6. Criteria for Mixed Use Project Approval The followino criteria must be met in order to oain approval for mixed use projects developed in accordance with provisions of a mixed use overlay. a. No less than sixty percent of all commercial uses within a mixed use project shall provide retail, office and personal service uses to serve the needs of the subiect project and surroundino residential neiohborhoods. b. No more than 25 percent of the residential units within a mixed use project shall be on oated roadways. Residential uses shall be constructed concurrent with, or prior to the construction of commercial uses so as to insure actual development of a mixed use proiect. c. Mixed use projects shall connect to local streets. adioining neiohborhoods and adiacent developments. reoardless of land use types. A orid pattern is usually the basis for the transportation network. Whate1ver the pattern of the vehicular network. internal interconnections between uses and external connections between adioinino neiohborhoods and land uses shall be provided for pedestrian, bicycle and other modes of alternate transportation. d. The commercial component of a mixed use proiect may be located internal to the project or alono the boundary: if externally located. internal access roads and service access shall be provided so as not to promote strip commercial development alono external collector and arterial roadways. e. Parkino lots shall be dispersed throuohout the proiect. No one parkinq lot shall provide more than 40 percent of the required offstreet parkino. Parkinq aaraaes shall have no restrictions on percentaae of required parkino that may be accommodated: however. commercial uses only shall be permitted on the around floor. This requirement shall not apply to individual parcels less than 5 acres in size. f. At least 30 percent of the gross area of mixed use projects shall be devoted to useable open space, as defined in section 4.02.01 B. of the Code. This requirement shall not apply to individual parcels less than 5 acres in size. [Existing Sec. 10.03.05 G. through R. are re-Iettered as H. through 5.] SECTION FOUR: CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding Section not affect the validity of the remaining portion. SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE Page 94 of 95 Words stmek tJ:trol:lgh are deleted, words underlined are added The provIsIons of this Ordinance shall become and be made a part of the Land Development Code of Collier County, Florida. The sections of the Ordinance may be renumbered or re-Iettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION SIX: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State. PASSEO AND DULY AOOPTEO by the Board of County Commissioners of Collier County, Florida, this 28th day of February, 2006. ATTEST: OWIGHT E. BROCK, CLERK Attest as to Ch4f~ s S fonaturo en l~ . : B~~,~ . ' ". . .' Deputy Clerk ~; : I ._.... BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: ~~ FRANK HALAS, C - . \ '. 1 . ~ I: ,;. ..' ; Approved as to form and legal sufficiency: 7J7~'m~-~" Marjon Student-Stirling ( , 0 Assistant County Attorney Page 95 of95 Thi!S ordinance filed with the Secretary of StateJ~fi~e.:to 3 day of 'MAJI' ond acknowledgement of that filing received t is ~ day of Words strwelc throygh are deleted. words underlined are added STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2006-08 Which was adopted by the Board of County Commissioners on the 28th day of February, 2006, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 2nd day of March, 2006. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board of County Commissio~~rs ~~ ' .,. l. " By: Teresa Oil'fard',.: ,~ Deputy Cle~~ ..'.. I;',: .:J ~~ I J ........~~.. . . . . . " Ii'; C J . c,-,- . '..t-~ "