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Chapter 02 - Zoning Districts and Uses CHAPTER 2 ZONING DISTRICTS AND USES 2.01.00 Generally 2.01.01 Purpose 2.01.02 Miscellaneous Structures 2.01.03 Essential Services 2.01.04 Polling Places 2.02.00 Establishment of Zoning Districts 2.02.01 Establishment of Official Zoning Atlas 2.02.02 District Nomenclature 2.02.03 Prohibited Uses 2.02.04 Continuation of Provisional Uses 2.03.00 Zoning Districts; Permitted Uses, Accessory Uses, and Conditional Uses 2.03.01 Agricultural Districts 2.03.02 Residential Zoning Districts 2.03.03 Commercial Zoning Districts 2.03.04 Industrial Zoning Districts 2.03.05 Civic and Institutional Zoning Districts 2.03.06 Planned Unit Development Districts 2.03.07 Overlay Zoning Districts 2.03.08 Rural Fringe Zoning Districts 2.03.09 Open Space Zoning Districts 2.03.10 Districts Under Moratorium (Reserved) 2.04.00 Reserved _ 2.05.00 Density Standards 2.05.01 Density Standards and Housing Types 2.05.02 Density Blending 2.06.00 Affordable Housing Density Bonus 2.06.01 Generally 2.06.02 Purpose and Intent 2.06.03 AHDB Rating System 2.06.04 Limitations on Affordable Housing Density Bonus 2.06.05 Affordable Housing Density Bonus Monitoring Program 2.06.06 Violations and Enforcement 2.07.00 Reserved Supp. No. 11 LDC2:1 ZONING DISTRICTS AND USES 2.01.00 2.01.03 A. 2.01.00 GENERALLY* 2.01.01 Purpose It is the intent and purpose of this Chapter to establish and adopt zoning districts to govern the use of land and water in the unincorporated areas of Collier County, Florida. 2.01.02 Miscellaneous structures School bus shelters, bicycle racks, bus stop benches,telephone booths, mailboxes, newspaper boxes, and delivery boxes shall be permitted in any district. No advertising sign shall be permitted on any such structure. Locations and setbacks of school bus shelters shall be approved by the school board of Collier County. Mail, newspaper, and other delivery boxes shall be placed in accordance with U. S. Postal Service regulations. All such structures shall be exempt from district setbacks. 2.01.03 Essential Services Essential services are hereby defined as services designed and operated to provide water, sewer, gas, telephone, electricity, cable television or communications to the general public by providers which have been approved and authorized according to laws having appropriate jurisdiction, and government facilities. Essential services are allowed in any zoning district subject to the following conditions: A. The following uses shall be deemed permitted uses in all zoning districts, except CON districts, RFMU sending lands, NRPAS, HSAS, and FSAS: 1. Water lines and sewer lines; 2. Natural gas lines, except those associated with oil extraction and related process- ing operations as defined in this Code and regulated under applicable federal and state law; 3. Telephone lines, telephone switching stations, and cable television lines; 4. Communication towers, limited to those providing wireless emergency telephone service, subject to all applicable provisions section 5.05.09 of this Code; 5. Electrical transmission and distribution lines, substations, and emergency power structures; 6. Sewage lift stations and water pumping stations; 7. Essential service wells (including extraction facilities and requisite ancillary facili- ties); 8. Any other wells which have been or will be permitted by the South Florida Water Management District or the Florida Department of Environmental Protection either prior to or subsequent to the effective date of this ordinance, or if the respective well and/or well related facility is otherwise required to be installed or constructed by law. If any proposed well is a Collier County owned well under the permitting jurisdiction *Editor's note—Ord. No. 10-23, § 3.D, adopted June 8, 2010, repealed 2.01.00. This amendment would take effect upon the repeal of Ord. No. 08-64. Said Ordinance was repealed by Ord. No. 10-26 which became effective on June 25, 2010. Supp. No. 6 LDC2:3 COLLIER COUNTY LAND DEVELOPMENT CODE 2.01.03 A. 2.01.03 B. �.. of a Florida agency, staff, early in the County's well permit application process, shall post sign(s)at the County's proposed well site(s)and shall provide written notice that the county has applied for a required well permit to property owners within 300 feet of the property lines of the lots or parcels of land on which the applied-for well is being sought by the County, including, if applicable, the times and places of the permitting agency's scheduled public hearings; and 9. Conservation Collier lands which provide for permitted nondestructive, passive natural resource based recreational and educational activities, exclusive of major improvements. Permitted minor improvements shall be limited to one (1) ground sign, not to exceed eight (8) feet in height with a maximum sign area of thirty-two (32) square feet; a parking area, not to exceed twenty (20) parking spaces; hiking trails; a fully accessible trail or trail section; educational kiosks not to exceed one hundred (100) square feet; and public restroom facilities not to exceed five hundred (500)square feet.The provisions for Conservation Collier lands in this Code do not affect the underlying zoning districts or land use designations in any district where Conservation Collier lands are established. Such that no expansion or diminution of the various zoning district permitted uses is intended or implied by these provisions, except as stated above with respect to minor improvements. Oil and gas exploration as defined and regulated in this Code remains a permitted use on or beneath Conservation Collier lands established in any zoning district providing for oil and gas exploration as a permitted use pursuant to subsection 2.03.09 B.1.a.viii. B. Permitted essential services IN CON districts, RFMU sending lands, NRPAs, HSAs, and .,_. FSAs. 1. Within CON districts, Sending Lands in the RFMU district, NRPAs, and within designated Habitat Stewardship Areas (HSA) and Flow way Stewardship Areas (FSA) within the RLSA overlay district subject to the limitations set forth in section 4.08.08 C., the following essential services are permitted: a. Private wells and septic tanks; b. Utility lines, except sewer lines; c. Sewer lines and lift stations, only if located within already cleared portions of existing rights-of-way or easements, and necessary to serve a publicly owned or privately owned central sewer system providing service to urban areas; or the Rural Transition Water and Sewer District, as delineated on the Urban-Rural Fringe Transition Zone Overlay Map in the Future Land Use Element of the GMP; and, d. Water pumping stations necessary to serve a publicly owned or privately owned central water system providing service to urban areas; or the Rural Transition Water and Sewer District,as delineated on the Urban-Rural Fringe Transition Zone Overlay Map in the Future Land Use Element of the GMP. e. Conservation Collier lands which provide for permitted nondestructive, passive natural resource based recreational and educational activities, exclusive of major improvements. Permitted minor improvements shall be Supp. No. 6 LDC2:4 ZONING DISTRICTS AND USES 2.01.03 B. 2.01.03 B.G. limited to one (1) ground sign, not to exceed eight (8) feet in height with a maximum sign area of thirty-two (32) square feet; a parking area, not to exceed twenty(20)parking spaces;hiking trails;a fully accessible trail or trail section;educational kiosks not to exceed one hundred (100)square feet;and public restroom facilities not to exceed five hundred (500) square feet.The provisions for Conservation Collier lands in this Code do not affect the underlying zoning districts or land use designations in any district where Conservation Collier lands are established, such that no expansion or diminution of the various zoning district permitted uses is intended or implied by these provisions, except as stated above for minor improvements.Oil and gas exploration as defined and regulated in this Code remains a permitted use on or beneath Conservation Collier lands established in the CON zoning district providing for oil and gas exploration as a permitted use subject to subsection 2.03.09 B.1.a.viii. f. Aviation related uses as approved in the September 11,2001 Memorandum of Understanding between Collier County Airport Authority and the Intervenor Signatories to the Deltona Settlement Agreement (July 20, 1982), including The Conservancy of Southwest Florida,The National Audubon Society,The Florida Audubon Society, The Environmental Defense Fund, Izaak Walton League, Florida Division, The Florida Department of Environmental Protec- tion,The South Florida Water Management District,The Florida Department of Community Affairs,The Deltona Corporation, and Collier County. C. Additional permitted essential services in commercial and industrially zoned districts. In commercial and industrially zoned districts, in addition to the essential services identified above in section 2.01.03 A., governmental facilities, as defined by this Code, including law enforcement, fire, emergency medical services and facilities, public park and public library services and facilities, shall be considered a permitted essential service. D. Additional permitted essential services in the agricultural and estate zoned districts. In the agricultural and estate zoned districts,in addition to the essential services identified above in section 2.01.03 A., the following governmental services and facilities shall be considered permitted essential services:nonresidential not-for-profit child care, nonresidential education facilities, libraries, museums, neighborhood parks, and recreational service facilities. E. Additional permitted essential services in the agricultural zoned district. In the agricultural zoned district,in addition to the essential services identified above in section 2.01.03A.,safety services, and other government services, necessary to promote and protect public health, safety and welfare are permitted essential services,limited to the following:law enforcement, fire, and emergency medical services. F. Additional permitted essential services in residentially zoned districts. In residentially zoned districts, in addition to the essential services identified above in section 2.01.03 A., neighbor- hood parks shall be considered a permitted essential service. G. Conditional uses.The following uses require approval pursuant to section 10.08.00 condi- tional uses: 1. Conditional essential services in every zoning district excluding the RFMU district sending lands, CON districts, NRPAs, and RLSA designated HSAs and FSAs. In Supp.No.19 LDC2:5 COLLIER COUNTY LAND DEVELOPMENT CODE 2.01.03 B.G. 2.01.03 B.G. every zoning district, unless otherwise identified as permitted uses, and excluding RFMU district Sending Lands,CON districts,and NRPAs,the following uses shall be allowed as conditional uses: a. Electric or gas generating plants; b. Effluent tanks; c. Major re-pump stations sewage treatment plants,including percolation ponds, and water aeration or treatment plants, d. Hospitals and hospices; e. Government facilities, including where not identified as a permitted use in this section, safety service facilities such as including law enforcement, fire, emergency medical services;and f. Conservation Collier lands which provide for permitted, nondestructive, passive natural resource based recreational and educational activities,when such sites require major improvements to accommodate public access and use.These major improvements shall include, but are not limited to: parking areas of 21 parking spaces or more; nature centers;equestrian paths;biking trails;canoe and kayak launch sites;public restroom facilities,greater than 500 square feet;signage beyond that allowed in sections 2.01.03 A.9.and 2.01.03 B.1.e.of this Code and other nondestructive passive recreational activities as identified by the County Manager or designee.The provisions for Conserva- tion Collier lands in this Code do not affect the underlying zoning districts or land use designations in any district where Conservation Collier lands are established,such that no expansion or diminution of the various zoning district conditional uses is intended or implied by these provisions,except as stated above for major improvements.Oil and gas field development and produc- tion as defined and regulated in this Code remains a conditional use on or beneath Conservation Collier lands established in zoning districts providing for oil and gas field development and production as a conditional use, subject to subsection 2.03.09 B.1.c.i. 2. Conditional essential services in RFMU sending lands, NRPAs, CON districts, and RLSA designated HSAs and FSAs. Within RFMU District Sending Lands, NRPAs, CON districts,and the RFLA designated HSAs and FSAs subject to the limitations set forth in LDC section 4.08.05 H.3, the following additional essential services are allowed as conditional uses: a. Sewer lines and lift stations necessary to serve a publicly owned or privately owned central sewer system providing service to urban areas; or the Rural Transition Water and Sewer District, as delineated on the Urban-Rural Fringe Transition Zone Overlay Map in the Future Land Use Element of the GMP, when not located within already cleared portions of existing rights-of-way or �.- easements; Supp.No.19 LDC2:6 ZONING DISTRICTS AND USES 2.01.03 B.G. 2.01.03 B.G. b. Safety Services limited to law enforcement, fire, and emergency medical services;and c. Oil and gas field development and production,as defined and regulated in this Code, remains a conditional use on or beneath Conservation Collier lands established in the CON zoning district subject to subsection 2.03.09 B.1.c.i. 3. Additional conditional uses in residential, and estate zoned districts, and in RFMU receiving and neutral lands.In residential,agricultural,and estate zoned districts and in RFMU Receiving and neutral lands, in addition to those essential services identified as conditional uses in section 2.01.03 G.1.above, the following essential services shall also be allowed as conditional uses: a. Regional parks and community parks; b. Public parks and public library facilities; c. Safety service facilities; d. Other similar facilities, except as otherwise specified herein. 4. Additional conditional uses in the RFMU sending lands and CON districts. The following essential services shall be allowed as conditional uses: a. Communications towers, subject to all applicable provisions of LDC section 5.05.09. 5. Conditional uses that include the installation of structures: a. Where structures are involved other than structures supporting lines or cables, such structures shall comply with the regulations for the district in which they are located, or as may be required on an approved site develop- ment plan under section 10.02.03. In addition, the structures shall conform insofar as possible to the character of the district in which they are located as to development standards, as well as architecture and landscaping, with utilization of screening and buffering to ensure compatible with the surround- ing and nearby existing and future uses. b. Within the RFMU district sending lands, NRPAs, Conservation Districts, and the RLSA HSAs and FSAs,structures supporting the conditional use shall be located so as to minimize any impacts on native vegetation and on wildlife and wildlife habitat. c. Essential services shall not be deemed to include the erection of structures for commercial activities such as sales or the collection of bills in districts from which such activities would otherwise be barred. Unstaffed billing services, which are accessory uses to the normal operations of the essential service, may be permitted. (Ord.No.04-72, §3.C;Ord.No.06-07, §3.D;Ord.No.08-11, §3.B;Ord. No. 12-25, § 3;Ord. No. 19-08, §3.A) Supp.No.19 LDC2:7 COLLIER COUNTY LAND DEVELOPMENT CODE 2.01.04 2.02.01 F. 2.01.04 Polling Places Any residential development or subdivision which will have a clubhouse, community recreation/public building/public room or similar common facility, shall be required to provide polling places in said community recreation/public building/public room if a polling place is determined to be necessary by the supervisor of elections.access to the polling place shall be provided to all individuals arriving to vote or work at the polling place during official voting hours, including the time required to establish the polling place,tabulate and post the voting results. 2.02.00 ESTABLISHMENT OF ZONING DISTRICTS 2.02.01 Establishment of Official Zoning Atlas A. The location and boundaries of the zoning districts established in this LDC shall be set forth and shown on the Official Zoning Atlas of Collier County,which is incorporated by reference into this LDC as if fully described and set forth herein.The district symbol or symbols as set forth in this LDC shall be used to designate each district on the Official Zoning Atlas. B. Each page of the Official Zoning Atlas shall be identified by the signature of the chairman of the BCC and attested by the clerk of the circuit court,and shall bear the seal of Collier County under the following words: "This is to certify that this is page of the Official Zoning Atlas referred to and adopted by reference by Ordinance No. of the County of Collier, Florida, adopted , 20 C. A copy of the Official Zoning Atlas shall be located at all times for inspection by the general public during regular business hours in the Office of the County Manager or his designee and the clerk to the BCC. D. No changes of any nature shall be made in the Official Zoning Atlas or any matter shown thereon,or in the zoning districts or regulations contained herein, except in conformity with the procedures estab- lished in this LDC and consistent with the Collier County GMP.Any unauthorized change of whatever kind by any person shall be considered a violation of this LDC. E. If, pursuant to the terms of this LDC and the applicable Laws of Florida,amendments are made to the districts, boundaries, or other matters portrayed on the Official Zoning Atlas Official Zoning Atlas, such amendments shall be entered on the Official Zoning Atlas by the County Manager or designee within twenty (20) days after amendment. Failure to so enter any such amendments within twenty(20) days shall not affect the validity of any such amendments. However, no amendment to this LDC which involves a matter portrayed on the Official Zoning Atlas shall become effective until such change and entry has been made on the Official Zoning Atlas in the manner herein established. Each amended page of the Official Zoning Atlas shall contain an entry which reads as follows: "On 20 ,by Ordinance No. ,the following amendments were made to the Official Zoning Atlas:(include brief description of nature of amendment),"which entry shall be attested by the clerk of the circuit court. F. Regardless of the existence of purported copies of the Official Zoning Atlas or other parts of this LDC, which from time to time may be made or published, the Official Zoning Atlas located in the office of the clerk shall be the final authority as to the current zoning of all land and water in unincorporated Collier County;and the LDC located in the office of the clerk to the BCC shall be the final authority as to the various zoning districts and regulations herein established. Supp.No.19 LDC2:8 ZONING DISTRICTS AND USES 2.02.01 G. 2.02.01 G. G. If the Official Zoning Atlas,or any page or portion thereof,becomes damaged,lost,destroyed,or difficult to interpret by reason of the nature or number of changes, the BCC may, by ordinance, adopt a new Official Zoning Atlas,or any page or pages thereof,which shall supersede the prior Official Zoning Atlas or page or pages thereof.The new Official Zoning Atlas, or page or pages thereof, may Supp.No.19 LDC2:8.1 ZONING DISTRICTS AND USES 2.02.01 G. 2.02.03 correct drafting or other errors or omissions in the prior Official Zoning Atlas, or page or pages thereof, but no such correction shall have the effect of amending the original Official Zoning Atlas, or page or pages thereof. 1. If, in the process of adopting a replacement Official Zoning Atlas, or any page or pages thereof, district boundaries are changed or altered, then action in regard to such change of district boundaries shall be taken only in the form of an amendment to this LDC. 2. The Official Zoning Atlas, or portion thereof, shall be authenticated as the original, with wording to the following effect: "This is to certify that this Official Zoning Atlas (or page or pages thereof) by Ordinance No. dated , 20 , replaced the Official Zoning Atlas (or page or pages thereof) adopted , 20 , as part of Ordinance No. of the County of Collier, Florida." 3. Unless the prior Official Zoning Atlas has been lost, or has been totally destroyed, the prior Official Zoning Atlas or any significant parts thereof remaining shall be preserved as a public record, together with all available records pertaining to its adoption or amendment. H. All zoning maps or atlases,or remaining portions thereof,which have had the force and effect of official zoning maps or atlases for Collier County prior to the effective date of adoption of this zoning code shall be retained as a public record as a guide to the zoning status of lands and waters prior to such date. Upon the date of adoption of this zoning code, the immediately prior official zoning atlas of that date shall be microfilmed and such filmed record retained permanently in a place separate from the original prior official zoning atlas. 2.02.02 District Nomenclature A. Where the phrases "agricultural districts," "zoned agricultural," "agriculturally zoned," "agricultural zoning," "rural zoning" or phraseology of similar intent, are used in this LDC, the phrases shall be construed to include:A and E. B. Where the phrases "all residential districts," "residential districts," "zoned residentially," "residentially zoned,"or phraseology of similar intent are used in this LDC,the phrases shall be construed to include the following districts: RSF-1, RSF-2, RSF-3, RSF-4, RSF-5, RSF-6, RMF-6, RMF-12, RMF-16, RT, VR, and MH, and residential components in PUDs. C. Where the phrases "commercial districts," "zoned commercially," "commercially zoned," "commercial zoning," or phraseology of similar intent, are used in this LDC, the phrases shall be constructed to include: C-1, C-2, C-3, C-4, C-5,TTRVC, and commercial components in PUDs. D. Where the phrases"industrial districts," "zoned industrially," "industrially zoned," "industrial zoning,"or phraseology of similar intent, are used in this LDC, the phrases shall be construed to include: I and industrial components in PUDs. 2.02.03 Prohibited Uses Any use or structure not specifically identified in a zoning district as a permitted use, conditional use, or accessory use shall be prohibited in such zoning district. Supp.No.22 LDC2:9 COLLIER COUNTY LAND DEVELOPMENT CODE 2.02.04 2.03.01 A. 2.02.04 Continuation of Provisional Uses Any provisional use, including all stipulations and requirements thereto, approved by the BCC prior to the effective date of this LDC and valid and effective immediately prior to the effective date of this LDC shall be treated under this LDC as follows: A. If such provisional use is provided for as a conditional use in the zoning district in which it is located under this LDC, then it shall be permitted as a conditional use under this LDC. B. If such provisional use is not provided for as a conditional use or permitted use in the zoning district in which it is located under this LDC, then it shall be a legal nonconforming use under this LDC. 2.03.00 ZONING DISTRICTS; PERMITTED USES,ACCESSORY USES,AND CONDITIONAL USES In order to carry out and implement the Collier County GMP and the purposes of this LDC, the following zoning districts, district purposes, and applicable symbols are hereby established: A. Rules for Interpretation of Uses. In any zoning district, where the list of permitted uses contains the phrase "any other use which is comparable in nature with the foregoing uses and is consistent with the permitted uses and purpose and intent statement of the district' or any similar phrase which provides for a use which is not clearly defined or described in the list of permitted uses, which requires the discretion of the County Manager or designee as to whether or not it is permitted in the district, then the determination of whether or not that use is permitted in the district shall be made through the process outlined in LDC section 10.02.06 K. B. Effect of Approvals Under the Zoning Reevaluation Ordinance. Any use or structure that has been granted a compatibility exception, an exemption, or vested rights pursuant to the Collier County Zoning Reevaluation Ordinance, Ordinance No. 90-23 (1990), shall be a permitted use in the zoning district in which it is located to the extent of its approved maximum density or intensity of use and to the extent that it remains effective. Such use or structure shall nevertheless comply with all other requirements and regulations of the LDC. (Ord. No.20-44, § 3.A) 2.03.01 Agricultural Districts. A. Rural Agricultural District (A).The purpose and intent of the rural agricultural district (A) is to provide lands for agricultural, pastoral, and rural land uses by accommodating traditional agricultural, agricultural related activities and facilities, support facilities related to agricultural needs, and conservation uses. Uses that are generally considered compatible to agricultural uses that would not endanger or damage the agricultural,environmental, potable water,or wildlife resources of the County, are permissible as conditional uses in the A district.The A district corresponds to and implements the Agricultural/Rural land use designation on the future land use map of the Collier County GMP, and in some instances, may occur in the designated urban area.The maximum density permissible in the rural agricultural district within the urban mixed use district shall be guided, in part, by the density rating system contained in the future land use element of the GMP.The maximum density permissible or permitted in A district shall not exceed the density permissible under the density rating system.The maximum density permissible in the A district within the agricultural/rural Supp.No.22 LDC2:10 ZONING DISTRICTS AND USES 2.03.01 A. 2.03.01 A.1. district of the future land use element of the Collier County GMP shall be consistent with and not exceed the density permissible or permitted under the agricultural/rural district of the future land use element. 1. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the rural agricultural district (A). a. Permitted uses. 1. Single-family dwelling. 2. Agricultural activities, including, but not limited to: Crop raising; horticulture; fruit and nut production; forestry; groves; nurseries; ranching; beekeeping; poultry and egg production; milk production; livestock raising, and aquacul- ture for native species subject to Florida Fish and Wildlife Conservation Commission permits. i. The following permitted uses shall only be allowed on parcels 20 acres in size or greater: a) dairying; b) ranching; c) poultry and egg production; d) milk production; e) livestock raising; and f) animal breeding, raising, training, stabling or kenneling. ii. On parcels less than 20 acres in size,individual property owners are not precluded from the keeping of the following for personal use and not in association with a commercial agricultural activity provided there are no open feed lots: a) Fowl or poultry, not to exceed 25 in total number; and b) Horses and livestock (except for hogs) not to exceed two such animals for each acre. Notwithstanding the above,hog(s)may be kept for a 16 week period in preparation for showing and sale at the annual Collier County Fair and/or the Immokalee Livestock show.The following standards shall apply: a) One hog per child enrolled in a 4-H Youth Development Program, Collier County Fair Program or similar program is permitted. In no case shall there be more than 2 hogs per acre. Supp. No. 13 LDC2:11 COLLIER COUNTY LAND DEVELOPMENT CODE 2.03.01 A.1. 2.03.01 A.1. b) Premises shall be fenced and maintained in a clean, healthful, and sanitary condition. c) Premises or roofed structure used for the sheltering, feeding, or confinement of such animals shall be setback a minimum of 30 feet from lot lines and a minimum of 100 feet from any dwelling unit on an adjacent parcel of land. d) Hog(s) shall not be returned to the property once removed for showing and/or sale. 3. Wholesale reptile breeding and raising (non-venomous), subject to the following standards: i. Minimum 20 acre parcel size; ii. Any roofed structure used for the shelter and/or feeding of such reptiles shall be located a minimum of 100 feet from any lot line. 4. Wildlife management, plant and wildlife conservancies, wildlife refuges and sanctuaries. 5. Conservation uses. 6. Oil and gas exploration subject to state drilling permits and Collier County site development plan review procedures. 7. Family care facilities, subject to section 5.05.04. 8. Communications towers up to specified height, subject to section 5.05.09. 9. Essential services, as set forth in section 2.01.03. 10. Schools, public, including "Educational plants." b. Accessory uses. 1. Uses and structures that are accessory and incidental to the uses permitted as of right in the A district. 2. Farm labor housing, subject to section 5.05.03. 3. Retail sale of fresh, unprocessed agricultural products, grown primarily on the property and subject to a review of traffic circulation, parking, and safety concerns pursuant to the submission of a site improvement plan as provided for in section 10.02.03. 4. Packinghouse or similar agricultural processing of farm products produced on the property subject to the following restrictions: i. Agricultural packing, processing or similar facilities shall be located on a major or minor arterial street, or shall have access to an Supp. No. 13 LDC2:12 ZONING DISTRICTS AND USES 2.03.01 A.1. 2.03.01 A.1. arterial street by a public street that does not abut properties zoned RSF-1 thru RSF-6, RMF-6, RMF-12, RMF-16, RT, VR, MH, TTRVC and PUD or are residentially used. ii. A buffer yard of not less than 150 feet in width shall be provided along each boundary of the site which abuts any residentially zoned or used property, and shall contain an Alternative B type buffer as defined within section 4.06.00. Such buffer and buffer yard shall be in lieu of front, side, or rear yards on that portion of the lot which abuts those districts and uses identified in subsection 2.03.01 A.1.b.4.i. above. iii. The facility shall emit no noxious,toxic,or corrosive dust,dirt,fumes, vapors, or gases which can cause damage to human health, to animals or vegetation, or to other forms of property beyond the lot line of the use creating the emission. iv. A site development plan shall be provided in accordance with section 10.02.03. 5. Excavation and related processing and production subject to the following criteria: i. The activity is clearly incidental to the agricultural development of the property. ii. The affected area is within a surface water management system for agricultural use as permitted by the South Florida Water Manage- ment District (SFWMD). iii. The amount of excavated material removed from the site cannot exceed 4,000 cubic yards. Amounts in excess of 4,000 cubic yards shall require conditional use approval for earthmining, pursuant to the procedures and conditions set forth in LDC section 10.08.00 and the Administrative Code. 6. Guesthouses, subject to section 5.03.03. 7. Private boathouses and docks on lake, canal or waterway lots, subject to section 5.03.06. 8. Use of a mobile home as a temporary residence while a permanent single-family dwelling is being constructed, subject to the following: i. Receipt of a temporary use permit from the Development Services Director, pursuant to section 5.04.04,that allows for use of a mobile home while a permanent single-family dwelling is being built; ii. Assurance that the temporary use permit for the mobile home will expire at the same time of the building permit for the single-family dwelling, or upon the completion of the single-family dwelling, whichever comes first; Supp. No. 13 LDC2:13 COLLIER COUNTY LAND DEVELOPMENT CODE 2.03.01 A.1. 2.03.01 A.1. iii. Proof that prior to the issuance of a final certificate of occupancy for the single-family dwelling, the mobile home is removed from the premises; and iv. The mobile home must be removed at the termination of the permitted period. 9. Use of a mobile home as a residence in conjunction with bona fide agricultural activities subject to the following: i. The applicant shall submit a completed application to the site development review director, or his designee, for approval of a temporary use permit to utilize a mobile home as a residence in conjunction with a bona fide commercial agricultural activity as described in subsection 2.03.01 A.1.2. Included with this application shall be a conceptual plot plan of the subject property depicting the location of the proposed mobile home;the distance of the proposed mobile home to all property lines and existing or proposed struc- tures; and, the location, acreage breakdown,type and any intended phasing plan for the bona fide agricultural activity. ii. The receipt of any and all local, state, and federal permits required for the agricultural use and/or to place the mobile home on the subject site including, but not limited to, an agricultural clearing permit, building permit(s), ST permits, and the like. iii. The use of the mobile home shall be permitted on a temporary basis only, not to exceed the duration of the bona fide commercial agricultural activity for which the mobile home is an accessory use. The initial temporary use permit may be issued for a maximum of three years, and may, upon submission of a written request accom- panied by the applicable fee, be renewed annually thereafter pro- vided that there is continuing operation of the bona fide commercial agricultural activities. iv. The applicant utilizing, for the bona fide commercial agricultural activity, a tract of land a minimum of five acres in size.Any property lying within public road rights-of-way shall not be included in the minimum acreage calculations. v. A mobile home, for which a temporary use permit in conjunction with a bona fide commercial agricultural activity is requested, shall not be located closer than 100 feet from any county highway right-of-way line, 200 feet from any state highway right-of-way, or 500 feet from any federal highway right-of-way line. 10. Recreational facilities that serve as an integral part of a residential develop- ment and have been designated, reviewed and approved on a site devel- opment plan or subdivision master plan for that development. Recre- Supp. No. 13 LDC2:14 ZONING DISTRICTS AND USES 2.03.01 A.1. 2.03.01 A.1. ational facilities may include but are not limited to golf course, clubhouse, community center building and tennis facilities, parks, playgrounds and playfields. c. Conditional uses. The following uses are permitted as conditional uses in the rural agricultural district (A), subject to the standards and procedures established in LDC section 10.08.00 and the Administrative Code. 1. Extraction or earthmining, and related processing and production not incidental to the agricultural development of the property.NOTE:"Extraction related processing and production" is not related to"Oil extraction and related processing" as defined in this Code. 2. Sawmills. 3. Zoo, aquarium, aviary, botanical garden, or other similar uses. 4. Hunting cabins. 5. Aquaculture for nonnative or exotic species, subject to Florida Fish and Wildlife Conservation Commission permits. 6. Wholesale reptile breeding or raising (venomous) subject to the following standards; Minimum 20 acre parcel size. ii. Any roofed structure used for the shelter and/or feeding of such reptiles shall be located at a minimum of 100 feet away from any lot line. 7 Churches. 8. Private landing strips for general aviation, subject to any relevant state and federal regulations. 9. Cemeteries. 10. Schools, private. 11. Child care centers and adult day care centers. 12. Collection and transfer sites for resource recovery. 13. Communication towers above specified height, subject to section 5.05.09. 14. Social and fraternal organizations. 15. Veterinary clinic. 16. Group care facilities (category I and II); care units; nursing homes; assisted living facilities pursuant to § 429.02 F.S. and 58A-5 F.A.C.; and continuing care retirement communities pursuant to ch.651 F.S.and ch.690-193 F.A.C., Supp.No.23 LDC2:15 COLLIER COUNTY LAND DEVELOPMENT CODE 2.03.01 A.1. 2.03.01 A.1. all subject to LDC section 5.05.04 when located within the Urban Designated Area on the Future Land Use Map to the Collier County Growth Management Plan. 17. Golf courses and/or golf driving ranges. 18. Oil and gas field development and production subject to state field development permits. 19. Sports instructional schools and camps. 20. Sporting and recreational camps. Supp.No.23 LDC2:16 ZONING DISTRICTS AND USES 2.03.01 A.1. 2.03.01 A.1. 21. Retail plant nurseries subject to the following conditions: Retail sales shall be limited primarily to the sale of plants, decorative products such as mulch or stone, fertilizers, pesticides, and other products and tools accessory to or required for the planting or maintenance of said plants. ii. Additionally, the sale of fresh produce is permissible at retail plant nurseries as an incidental use of the property as a retail plant nursery. iii. The sale of large power equipment such as lawn mowers, tractors, and the like shall not be permitted in association with a retail plant nursery in the rural agricultural district. 22. Asphaltic and concrete batch making plants subject to the following condi- tions: i. Asphaltic or concrete batch making plants may be permitted within the area designated agricultural on the future land use map of the future land use element of the growth management plan. ii. The minimum site area shall not be less than ten acres. iii. Principal access shall be from a street designated collector or higher classification. iv. Raw materials storage, plant location and general operations around the plant shall not be located or conducted within 100 feet of any exterior boundary. v. The height of raw material storage facilities shall not exceed a height of fifty (50) feet. vi. Hours of operation shall be limited to two (2) hours before sunrise to sunset. vii. The minimum setback from the principal road frontage shall be 150 feet for operational facilities and seventy-five (75)feet for supporting administrative offices and associated parking. viii. An earthen berm achieving a vertical height of eight feet or equiva- lent vegetative screen with eighty (80) percent opacity one (1) year after issuance of certificate of occupancy shall be constructed or created around the entire perimeter of the property. ix. The plant should not be located within the Greenline Area of Concern for the Florida State Park System as established by the Department of Environmental Protection (DEP): within the Area of Critical State Concern as depicted on the Future Land Use Map GMP; within 1,000 feet of a natural reservation; or within any County, State or federal jurisdictional wetland area. Supp. No. 5 LDC2:17 COLLIER COUNTY LAND DEVELOPMENT CODE 2.03.01 A.1. 2.03.01 A.1. 23. Cultural, ecological, or recreational facilities that provide opportunities for educational experience, eco-tourism or agri-tourism and their related modes of transporting participants, viewers or patrons where applicable, subject to all applicable federal, state and local permits. Tour operations, such as, but not limited to airboats, swamp buggies, horses and similar modes of transportation, shall be subject to the following criteria: i. Permits or letters of exemption from the U.S. Army Corps of Engineers, the Florida Department of Environmental Protection, and the South Florida Water Management District shall be presented to the planning services director prior to site development plan approval. ii. The petitioner shall post the property along the entire property line with no trespassing signs approximately every 300 yards. iii. The petitioner shall utilize only trails identified and approved on the site development plan.Any existing trails shall be utilized before the establishment of new trails. iv. Motor vehicles shall be equipped with engines which include spark arrestors and mufflers designed to reduce noise. v. The maximum size of any vehicle, the number of vehicles, and the passenger capacity of any vehicle shall be determined by the board of zoning appeals during the conditional use process. vi. Motor vehicles shall be permitted to operate during daylight hours which means, one hour after sunrise to one hour before sunset. vii. Molestation of wildlife, including feeding, shall be prohibited. viii. Vehicles shall comply with state and United States Coast Guard regulations, if applicable. ix. The board of zoning appeals shall review such a conditional use for tour operations, annually. If during the review, at an advertised public hearing, it is determined by the board of zoning appeals that the tour operation is detrimental to the environment, and no adequate corrective action has been taken by the petitioner, the board of zoning appeals may rescind the conditional use. 24. Agricultural activities on parcels less than 20 acres in size: i. animal breeding, raising, training, stabling, or kenneling. ii. dairying; iii. livestock raising; iv. milk production; Supp. No. 5 LDC2:18 ZONING DISTRICTS AND USES 2.03.01 A.1. 2.03.01 B.1. v. poultry and egg production;and vi. ranching. 25. The commercial production, raising or breeding of exotic animals, other than animals typically used for agricultural purposes or production, subject to the following standards: i. Minimum 20 acre parcel size. ii. Any roofed structure used for the shelter and/or feeding of such animals shall be located a minimum of 100 feet from any lot line. 26. Essential services, as set forth in subsection 2.01.03 G. 27 Model homes and model sales centers, subject to compliance with all other LDC requirements, to include but not limited to section 5.04.04. 28. Ancillary plants. d. Prohibited uses. 1. Owning, maintaining or operating any facility or part thereof for the following purposes is prohibited: a) Fighting or baiting any animal by the owner of such facility or any other person or entity. b) Raising any animal or animals intended to be ultimately used or used for fighting or baiting purposes. c) For purposes of this subsection, the term baiting is defined as set forth in§828.122(2)(a), F.S.,as it may be amended from time to time. B. Estate District(E).The purpose and intent of the estates district(E)is to provide lands for low density residential development in a semi-rural to rural environment, with limited agricultural activities. In addition to low density residential development with limited agricultural activities,the E district is also designed to accommodate as conditional uses, development that provides services for and is compatible with the low density residential,semi-rural and rural character of the E district.The E district corresponds to and implements the estates land use designation on the future land use map of the Collier County GMP, although, in limited instances, it may occur outside of the estates land use designation.The maximum density permissible in the E district shall be consistent with and not exceed the density permissible or permitted under the estates district of the future land use element of the Collier County GMP as provided under the Golden Gate Master Plan. 1. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the estates district(E). a. Permitted uses. 1. Single-family dwelling. Supp.No.15 LDC2:19 COLLIER COUNTY LAND DEVELOPMENT CODE 2.03.01 B.1. 2.03.01 B.1. 2. Family care facilities, subject to section 5.05.04. 3. Essential services, as set forth in section 2.01.03. 4. Educational plants, as an essential service. b. Accessory Uses. 1. Uses and structures that are accessory and incidental to uses permitted as of right in the (E)district. 2. Fruits, vegetables, and nursery plants grown for both personal consumption and off-site retail sale, such as farmer's markets. Farm operations that grow fruits, vegetables, and nursery plants for off-site retail sale shall be subject to LDC section 5.02.00 Home Occupations, as amended, and the following standards: Farm operations shall not occupy more than 50 percent of the lot. ii. Farm operations shall conform to minimum setbacks established in LDC sections 2.03.01 B.2 and 4.02.01 A.Table 2.1, however, no side, rear or front setbacks are required greater than 30 feet. iii. Vegetation removal for farm operations shall be subject to LDC section 3.05.05 F, as amended. 3, Keeping of fowl or poultry,not to exceed 25 in total number,provided such fowl or poultry are kept in an enclosure located a minimum of 30 feet from any lot line, and a minimum of 100 feet from any residence on an adjacent parcel of land. 4. Keeping of horses and livestock (except for hogs), not to exceed two such animals for each acre, and with no open feedlots.Any roofed structure for the shelter and feeding of such animals shall be a minimum of 30 feet from any lot line and a minimum of 100 feet from any residence on an adjacent parcel of land. i. Notwithstanding the above, hog(s) may be kept for a 16 week period in preparation for showing and sale at the annual Collier County Fair and/or the Immokalee Livestock show.The following standards shall apply: a) One hog per child enrolled in a 4-H Youth Development Program, Collier County Fair Program or similar program is permitted. In no case shall there be more than 2 hogs per acre. b) Premises shall be fenced and maintained in a clean, health- ful, and sanitary condition. Supp.No.15 LDC2:20 ZONING DISTRICTS AND USES 2.03.01 B.1. 2.03.01 B.1. c) Premises or roofed structure used for the sheltering, feed- ing, or confinement of such animals shall be setback a minimum of 30 feet from lot lines and a minimum of 100 feet from any dwelling unit on an adjacent parcel of land. d) Hog(s) shall not be returned to the property once removed for showing and/or sale. 5. One guesthouse, subject to section 5.03.03. 6. Recreational facilities that serve as an integral part of a residential develop- ment and have been designated, reviewed and approved on a site develop- ment plan or preliminary subdivision plat for that development.Recreational facilities may include but are not limited to golf course, clubhouse, community center building and tennis facilities, parks, playgrounds and playfields. 7 Excavation and related processing and production subject to the following criteria: i. These activities are incidental to the permitted used onsite. ii. The amount of excavated material to be removed from the site cannot exceed 4,000 cubic yards total. Amounts in excess of 4,000 cubic yards shall require conditional use approval for earth mining, pursuant to the procedures and conditions set forth in LDC section 10.08.00. c. Conditional uses. For Estates zoning within the Golden Gate Estates subdivision, the Golden Gate Area Master Plan in the GMP restricts the location of conditional uses.The following uses are permissible as conditional uses in the estates district (E), subject to the standards and procedures established in LDC section 10.08.00: 1. Churches. 2. Social and fraternal organizations. 3. Child care centers and adult day care centers. 4. Schools, private. 5. Group care facilities (category I);care units, subject to the provisions of LDC subsection 2.03.01 B.3.f; nursing homes; assisted living facilities pursuant to § 429.402 F.S. and ch. 59A-36 F.A.C.; and continuing care retirement communities pursuant to ch. 651 F.S. and ch. 690-193 F.A.C.; all subject to LDC section 5.05.04. 6. Group care facilities(category II)care units subject to section 5.05.04 only when tenancy of the person or persons under care would not: Constitute a direct threat to the health or safety of other individuals; ii. Result in substantial physical damage to the property of others; or Supp.No.23 LDC2:21 COLLIER COUNTY LAND DEVELOPMENT CODE 2.03.01 B.1. 2.03.01 B.2. iii. Result in the housing of individuals who are engaged in the current, illegal use of or addiction to a controlled substance, as defined in section 802 of title 21, U.S. Code. 7 Extraction or earthmining, and related processing and production not incidental to the development of the property subject to the following criterion and subsection 4.02.02 C. The site area shall not exceed 20 acres. 8. Essential services, as set forth in LDC section 2.01.03 G. 9. Model homes and model sales centers, subject to compliance with all other LDC requirements, to include but not limited to section 5.04.04. 10. Ancillary plants. 11. Public schools without an agreement with Collier County, as described in LDC section 5.05.14.Additional standards in LDC section 5.05.14 shall also apply. 12. Communication towers up to specified heights, subject to LDC section 5.05.09. d. Prohibited uses. 1. Owning, maintaining or operating any facility or part thereof for the following purposes is prohibited: i. Fighting or baiting any animal by the owner of such facility or any other person or entity. ii. Raising any animal or animals intended to be ultimately used or used for fighting or baiting purposes. iii. For purposes of this subsection, the term baiting is defined as set forth in F.S.§828.122(2)(a), as it may be amended from time to time. 2. Minimum yard Requirements. See subsection 4.02.01 A. Table 2.1 for the general require- ments.The following are exceptions to those requirements: a. Conforming Corner lots. Conforming corner lots, in which only one full depth setback shall be required along the shorter lot line along the street.The setback along the longer lot line may be reduced to 37.5 feet, so long as no right-of-way or right-of-way easement is included within the reduced front yard. (See Exhibit A) Supp.No.23 LDC2:22 ZONING DISTRICTS AND USES 2.03.01 B. 2.03.01 B. ESTATES:CONFORMING CORNER LOT R.O.W A P'L ROW A FRONT SETBACK 37.5' REDUCED BY 50% V P/L P/L 180' 75' LOT WIDTH < FULL FRONT } < 30' J Q * SETBACK SIDE12 SETBACK LI w A SIDE SETBACK 30' V V P/L * Example-lot width may vary,but never R.O.W less than 150' SETBACKS MEASURED FROM R.O.W.LINE ROW -WIDTH MEASURED BETWEEN PROPERTY LINES R.O.W.LINE PROPERTY LINE b. Nonconforming Corner lots. Nonconforming corner lots of record, in which only one full depth setback shall be required along the shorter lot line along the street.The setback along the longer lot line may be reduced to 15 feet, so long as no right-of-way or right-of-way easement is included within the reduced front yard. (See Exhibit B) Supp.No.23 LDC2:23 COLLIER COUNTY LAND DEVELOPMENT CODE 2.03.01 B. 2.03.02 A. ESTATES:NON-CONFORMING CORNER LOT R.O.W A - - r4L R.O.W REDUCED V 15FRONT SETBACK I I 105' LOT E 75 10%LOT— 10I5' WIDTH FULL FRONT WIDTH —� P/L SETBACK 10`,,LOT I WIDTH PO_ W V 10.5' R.O.W R.O.W -SETBACKS MEASURED FROM R.O.W.LINE -WIDTH MEASURED BETWEEN PROPERTY LINES R.O.W.LINE PROPERTY LINE Lonl c. Nonconforming through lots, i.e. double frontage lots, nonconforming lots of record with double road frontage, which are nonconforming due to inadequate lot depth, in which case,the front yard along the local road portion shall be computed at the rate of 15 percent of the depth of the lot, as measured from edge of the right-of-way. i. The nonconforming through lot utilizing the reduced frontage shall establish the lot frontage along the local road only. Reduced frontage along a collector or arterial roadway to serve such lots is prohibited. Front yards along the local road shall be developed with structures having an average front yard with a variation of not more than six feet; no building thereafter erected shall project beyond the average line so established. d. Nonconforming lots of record, which are nonconforming due to inadequate lot width, in which case the required side yard shall be computed at the rate of ten (10) percent of the width of the lot. (Ord.No.06-63, §3.C;Ord.No.07-67,§3.C;Ord.No.08-11, §3.D;Ord.No.08-63, §3.C;Ord.No. 10-23, §3.E; Ord.No. 12-38, §3.B;Ord.No. 13-56, §3.B;Ord.No. 14-40, §2.A;Ord.No. 16-27, §3.B;Ord.No.21-05, §3.B) 2.03.02 Residential Zoning Districts A. Residential Single-Family Districts (RSF-1; RSF-2; RSF-3; RSF-4; RSF-5; RSF-6).The purpose and intent of the residential single-family districts (RSF) is to provide lands primarily for single-family residences.These districts are intended to be single-family residential areas of low density.The nature Supp.No.23 LDC2:24 ZONING DISTRICTS AND USES 2.03.02 A. 2.03.02 A.1. of the use of property is the same in all of these districts.Variation among the RSF-1, RSF-2, RSF-3, RSF-4, RSF-5 and RSF-6 districts is in requirements for density, lot area, lot width, yards, height, floor area, lot coverage, parking, landscaping and signs.Certain structures and uses designed to serve the immediate needs of the single-family residential development in the RSF districts such as governmental,educational,religious,and noncommercial recreational uses are permitted as conditional uses as long as they preserve and are compatible with the single-family residential character of the RSF district[s]. The RSF districts correspond to and implement the urban mixed use land use designation on the future land use map of the Collier County GMP.The maximum density permissible in the residential single-family (RSF) districts and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP.The maximum density permissible or permitted in the RSF district shall not exceed the density permissible under the density rating system, except as permitted by policies contained in the future land use element. 1. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the residential single-family districts (RSF). a. Permitted uses. 1. Single-family dwellings. 2. Family care facilities, subject to section 5.05.04. 3. Educational plants and public schools with an agreement with Collier County, as described in LDC section 5.05.14; however, any high school located in this district is subject to a compatibility review as described in LDC section 10.02.03. b. Accessory Uses. 1. Uses and structures that are accessory and incidental to uses permitted as of right in the RSF districts. 2. Private docks and boathouses, subject to section 5.03.06. 3. One guesthouse, subject to section 5.03.03. 4. Recreational facilities that serve as an integral part of a residential develop- ment and have been designated, reviewed and approved on a site develop- ment plan or preliminary subdivision plat for that development.Recreational facilities may include, but are not limited to, golf course, clubhouse, com- munity center building and tennis facilities, parks, playgrounds and play- fields. c. Conditional uses. The following uses are permissible as conditional uses in the residential single-family districts (RSF), subject to the standards and procedures established in LDC section 10.08.00. 1. Noncommercial boat launch and multiple dock facilities, subject to the applicable review criteria set forth in section 5.03.06. Supp.No.23 LDC2:25 COLLIER COUNTY LAND DEVELOPMENT CODE 2.03.02 A.1. 2.03.02 B. 2. Churches. 3. Schools, private. 4. Child care centers and adult day care centers. 5. Cluster development to include one- and two-family structures, subject to section 4.02.04. 6. Golf courses. 7 Group care facilities (category I);care units subject to the provisions of LDC subsection 2.03.02 3.h; nursing homes; assisted living facilities pursuant to § 429.02 F.S. and ch. 59A-36 F.A.C.; and continuing care retirement communities pursuant to ch. 651 F.S. and ch. 690-193 F.A.C.; all subject to LDC section 5.05.04. 8. Category II group care facilities and care units subject to section 5.05.04, only when the tenancy of the person or persons under care would not: Constitute a direct threat to the health or safety of other individuals; ii. Result in substantial physical damage to the property of others; or iii. Result in the housing of individuals who are engaged in the current, illegal use of or addiction to a controlled substance, as defined in section 802 of title 21, U.S. Code. 9. Recreational facilities intended to serve an existing and/or developing residential community as represented by all of the properties/lots/parcels included in an approved preliminary subdivision plat, or site development plan.The use of said recreational facilities shall be limited to the owners of property or occupants of residential dwellings units and their guests within the area of approved preliminary subdivision plat, or site development plan. 10. Model homes and model sales centers, subject to compliance with all other LDC requirements, to include but not limited to section 5.04.04. 11. Public schools without an agreement with Collier County, as described in LDC section 5.05.14.Additional standards in LDC section 5.05.14 shall also apply; however, any high school located in this district is subject to a compatibility review as described in LDC section 10.02.03. d. Prohibited animals in residential districts.The following animals are to be considered farm animals and are not permitted to be kept in residential districts except as provided for in zoning district regulations: turkeys, chickens, ducks, geese, pigs, horses, cows, goats, hogs, and the like. B. Residential Multi-Family-6 District (RMF-6). The purpose and intent of the residential multi-family-6 district (RMF-6) is to provide for single-family, two-family and multi-family residences having a low profile silhouette, surrounded by open space, being so situated that it is located in close proximity to Supp.No.23 LDC2:26 ZONING DISTRICTS AND USES 2.03.02 B. 2.03.02 B.1. public and commercial services and has direct or convenient access to collector and arterial roads on the county major road network.The RMF-6 district corresponds to and implements the urban mixed use land use designation on the future land use map of the Collier County GMP. The maximum density permissible in the RMF-6 district and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP.The maximum density permissible or permitted in the RMF-6 district shall not exceed the density permissible under the density rating system, except as permitted by policies contained in the future land use element. 1. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the RMF-6 district. a. Permitted uses. 1. Single-family dwellings. 2. Duplexes,two-family dwellings. 3. Multi-family dwellings,townhouses as provided for in section 5.05.07. 4. Family care facilities, subject to section 5.05.04. 5. Educational plants and public schools with an agreement with Collier County, as described in LDC section 5.05.14; however, any high school located in this district is subject to a compatibility review as described in LDC section 10.02.03. b. Accessory uses. 1. Uses and structures that are accessory and incidental to uses permitted as of right in the RMF-6 district. 2. Private docks and boathouses, subject to section 5.03.06. 3. Recreational facilities that serve as an integral part of a residential develop- ment and have been designated, reviewed and approved on a site develop- ment plan or preliminary subdivision plat for that development.Recreational facilities may include, but are not limited to, golf course, clubhouse, com- munity center building and tennis facilities, playgrounds and playfields. c. Conditional uses. The following uses are permissible as conditional uses in the RMF-6 district, subject to the standards and procedures established in LDC section 10.08.00. 1. Churches. 2. Schools, private.Also, "Ancillary Plants" for public schools. 3. Child care centers and adult day care centers. 4. Civic and cultural facilities. Supp.No.23 LDC2:27 COLLIER COUNTY LAND DEVELOPMENT CODE 2.03.02 B.1. 2.03.02 C.1. 5. Recreational facilities not accessory to principal use. 6. Group care facilities (category I and II); care units; nursing homes; assisted living facilities pursuant to§429.02 F.S.and ch.59A-36 F.A.C;and continuing care retirement communities pursuant to ch.651 F.S.and ch.690-193 F.A.C.; all subject to LDC section 5.05.04. 7 Noncommercial boat launch facilities, subject to the applicable review criteria set forth in section 5.03.06. 8. Cluster development, subject to section 4.02.04, except for affordable housing projects which qualify under section 4.02.39 C.which do not require a conditional use. 9. Model homes and model sales centers, subject to compliance with all other LDC requirements, to include but not limited to, section 5.04.04. 10. Public schools without an agreement with Collier County, as described in LDC section 5.05.14.Additional standards in LDC section 5.05.14 shall also apply; however, any high school located in this district is subject to a compatibility review as described in LDC section 10.02.03. d. Prohibited animals in residential districts.The following animals are to be considered farm animals and are not permitted to be kept in residential districts except as provided for in zoning district regulations: turkeys, chickens, ducks, geese, pigs, horses, cows, goats, hogs, and the like. C. Residential Multi-Family-12 District(RMF-12).The purpose and intent of the residential multi-family 12 district (RMF-12) is to provide lands for multiple-family residences having a mid-rise profile, generally surrounded by lower structures and open space, located in close proximity to public and commercial services, with direct or convenient access to collector and arterial roads on the county major road network. Governmental, social, and institutional land uses that serve the immediate needs of the multi-family residences are permitted as conditional uses as long as they preserve and are compatible with the mid-rise multiple-family character of the district.The RMF-12 district corresponds to and implements the urban mixed use land use designation on the future land use map of the Collier County GMP.The maximum density permissible in the RMF-12 district and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP.The maximum density permissible or permitted in the RMF-12 district shall not exceed the density permissible under the density rating system, except as permitted by policies contained in the future land use element. 1. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the residential multi-family-12 district (RM F-12). a. Permitted uses. 1. Multi-family dwellings. 2 Townhouses, subject to the provisions of section 5.05.07. Supp.No.23 LDC2:28 ZONING DISTRICTS AND USES 2.03.02 C.1. 2.03.02 C.1. 3. Duplexes. 4. Single-family dwelling units for existing nonconforming lots subject to the RSF-6 dimensional standards. 5. Family care facilities, subject to section 5.05.04. 6. Educational plants and public schools with an agreement with Collier County, as described in LDC section 5.05.14; however, any high school located in this district is subject to a compatibility review as described in LDC section 10.02.03. b. Accessory uses. 1. Uses and structures that are accessory and incidental to uses permitted as of right in the RMF-12 district. 2. Private docks and boathouses, subject to section 5.03.06. 3. Recreational facilities that serve as an integral part of a residential develop- ment and have been designated, reviewed and approved on a site develop- ment plan or preliminary subdivision plat for that development.Recreational facilities may include, but are not limited to, golf course, clubhouse, com- munity center building and tennis facilities, parks, playgrounds and play- fields. c. Conditional uses. The following uses are permissible as conditional uses in the residential multiple-family-12 district(RMF-12),subject to the standards and procedures established in LDC section 10.08.00. 1. Child care centers and adult day care centers. 2. Churches. 3. Civic and cultural facilities. 4. Noncommercial boat launch facilities, subject to the applicable review criteria set forth in section 5.03.06. 5. Schools, private.Also, "Ancillary plants" for public schools. 6. Group care facilities (category I and II); care units; nursing homes; assisted living facilities pursuant to § 429.02 F.S. and ch. 59A-36 F.A.C.; and continuing care retirement communities pursuant to ch. 651 F.S. and ch. 690-193 F.A.C.; all subject to section 5.05.04. 7 Model homes and model sales centers, subject to compliance with all other LDC requirements, to include but not limited to, section 5.04.04. 8. Public schools without an agreement with Collier County, as described in LDC section 5.05.14.Additional standards in LDC section 5.05.14 shall also apply; however, any high school located in this district is subject to a compatibility review as described in LDC section 10.02.03. Supp.No.23 LDC2:29 COLLIER COUNTY LAND DEVELOPMENT CODE 2.03.02 C.1. 2.03.02 D.1. d. Prohibited animals in residential districts.The following animals are to be considered farm animals and are not permitted to be kept in residential districts except as provided for in zoning district regulations: turkeys, chickens, ducks, geese, pigs, horses, cows, goats, hogs, and the like. D. Residential Multi-Family-16 District(RMF-16).The purpose and intent of the residential multi-family-16 district (RMF-16) is to provide lands for medium to high density multiple-family residences, generally surrounded by open space, located in close proximity to public and commercial services, with direct or convenient access to arterial and collector roads on the county major road network. Governmental, social,and institutional land uses that serve the immediate needs of the multiple-family residences are permitted as conditional uses as long as they preserve and are compatible with the medium to high density multi-family character of the district.The RMF-16 district corresponds to and implements the urban mixed use land use designation on the future land use map of the Collier County GMP.The maximum density permissible in the RMF-16 district and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP.The maximum density permissible or permitted in the RMF-16 district shall not exceed the density permissible under the density rating system, except as permitted by policies contained in the future land use element. 1. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the residential multi-family-16 district (RMF-16). a. Permitted uses. 1. Multi-family dwellings. 2. Townhouses, subject to the provisions of section 5.05.07. 3. Family care facilities, subject to section 5.05.04. 4. Educational plants and public schools with an agreement with Collier County, as described in LDC section 5.05.14; however, any high school located in this district is subject to a compatibility review as described in LDC section 10.02.03. b. Accessory Uses. 1. Uses and structures that are accessory and incidental to uses permitted as of right in the RMF-16 district. 2. Private docks and boathouses, subject to section 5.03.06. 3. Recreational facilities that serve as an integral part of a residential develop- ment and have been designated, reviewed and approved on a site develop- ment plan or preliminary subdivision plat for that development.Recreational facilities may include, but are not limited to, golf course, clubhouse, com- munity center building and tennis facilities, parks, playgrounds and play- fields. Supp.No.23 LDC2:30 ZONING DISTRICTS AND USES 2.03.02 D.1. 2.03.02 E.1. c. Conditional uses. The following uses are permissible as conditional uses in the residential multiple-family-16 district(RMF-16),subject to the standards and procedures established in LDC section 10.08.00. 1. Child care centers and adult day care centers. 2. Churches. 3. Civic and cultural facilities. 4. Noncommercial boat launch facilities, subject to the applicable review criteria set forth in section 5.03.06. 5. Schools, private.Also, "Ancillary plants" for public schools. 6. Group care facilities (category I and II); care units; nursing homes; assisted living facilities pursuant to § 429.02 F.S. and ch. 59A-36 F.A.C.; and continuing care retirement communities pursuant to ch. 651 F.S. and ch. 690-193 F.A.C.; all subject to LDC section 5.05.04. 7 Model homes and model sales centers, subject to compliance with all other LDC requirements, to include but not limited to, section 5.04.04. 8. Public schools without an agreement with Collier County, as described in LDC section 5.05.14.Additional standards in LDC section 5.05.14 shall also apply; however, any high school located in this district is subject to a compatibility review as described in LDC section 10.02.03. d. Prohibited animals in residential districts. The following animals are to be considered farm animals and are not permitted to be kept in residential districts except as provided for in zoning district regulations:turkeys, chickens, ducks, geese, pigs, horses, cows, goats, hogs, and the like. E. Residential Tourist District (RT).The purpose and intent of the residential tourist district (RT) is to provide lands for tourist accommodations and support facilities, and multiple family uses. The RT district corresponds with and implements the urban mixed use district and the activity center district in the urban designated area on the future land use map of the Collier County GMP. 1. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the residential tourist district (RT). a. Permitted uses. 1. Hotels and motels. 2. Multi-family dwellings. 3. Family care facilities, subject to section 5.05.04. 4. Timeshare facilities. 5. Townhouses subject to section 5.05.07. Supp.No.23 LDC2:31 COLLIER COUNTY LAND DEVELOPMENT CODE 2.03.02 E.1. 2.03.02 F. b. Accessory Uses. 1. Uses and structures that are accessory and incidental to uses permitted as of right in the RT district. 2. Shops, personal service establishments, eating or drinking establishments, dancing and staged entertainment facilities,and meeting rooms and auditoriums where such uses are an integral part of a hotel or a motel and to be used by the patrons of the hotel/motel. 3. Private docks and boathouses, subject to section 5.03.06. 4. Recreational facilities that serve as an integral part of the permitted use designated on a site development plan or preliminary subdivision plat that has been previously reviewed and approved which may include, but are not limited to, golf course, clubhouse, community center building and tennis facilities, parks, playgrounds and playfields. c. Conditional uses. The following uses are permitted as conditional uses in the residential tourist district(RT),subject to the standards and procedures established in LDC section 10.08.00. 1. Churches. 2. Marinas, subject to section 5.05.02. 3. Noncommercial boat launch facilities, subject to the applicable review criteria set forth in section 5.03.06. 4. Group care facilities (category I and II); care units; nursing homes assisted living facilities pursuant to § 429.02 F.S. and ch. 59A-36 F.A.C.; and continuing care retirement communities pursuant to ch. 651 F.S. and ch. 690-193 F.A.C.; all subject to LDC section 5.05.04. 5. Private clubs. 6. Yacht clubs. 7. Model homes and model sales centers, subject to compliance with all other LDC requirements, to include but not limited to, section 5.04.04. 8. Ancillary plants. d. Prohibited animals in residential districts.The following animals are to be considered farm animals and are not permitted to be kept in residential districts except as provided for in zoning district regulations: turkeys, chickens, ducks, geese, pigs, horses, cows, goats, hogs, and the like. F. Village Residential District (VR).The purpose and intent of the village residential district (VR) is to provide lands where a mixture of residential uses may exist. Additionally, uses are located and designed to maintain a village residential character which is generally low profile, relatively small building footprints as is the current appearance of Goodland and Copeland. The VR district Supp.No.23 LDC2:32 ZONING DISTRICTS AND USES 2.03.02 F. 2.03.02 F.1. corresponds to and implements the mixed residential land use designation on the Immokalee future land use map of the Collier County GMP. It is intended for application in those urban areas outside of the coastal urban area designated on the future land use map of the Collier County GMP,though there is some existing VR zoning in the coastal urban area.The maximum density permissible in the VR district and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP.The maximum density permissible or permitted in the VR district shall not exceed the density permissible under the density rating system, except as permitted by policies contained in the future land use element, or as designated on the Immokalee future land use map of the GMP. 1. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the village residential district (VR). a. Permitted uses. 1. Single-family dwellings. 2. Duplexes. 3. Multi-family dwellings. 4. Mobile homes. 5. Family care facilities, subject to section 5.05.04. 6. Educational plants and public schools with an agreement with Collier County, as described in LDC section 5.05.14; however, any high school located in this district is subject to a compatibility review as described in LDC section 10.02.03. b. Accessory Uses. 1. Uses and structures that are accessory and incidental to uses permitted as of right in the VR district. 2. Private docks and boathouses, subject to section 5.03.06. 3. Recreational facilities that serve as an integral part of a residential develop- ment and have been designated, reviewed and approved on a site develop- ment plan or preliminary subdivision plat for that development.Recreational facilities may include, but are not limited to, golf course, clubhouse, com- munity center building and tennis facilities, parks, playgrounds and play- fields. 4. Storage, repair and maintenance areas and structures for fishing and farming equipment, when used by the residents of the permitted use. c. Conditional uses. The following uses are permissible as conditional uses in the village residential district (VR), subject to the standards and procedures established in LDC section 10.08.00. 1. Boatyards and marinas,subject to section 5.03.06 and the applicable review criteria set forth in section 5.05.02. Supp.No.23 LDC2:33 COLLIER COUNTY LAND DEVELOPMENT CODE 2.03.02 F.1. 2.03.02 G. 2. Child care centers and adult day care centers. 3. Churches. 4. Civic and cultural facilities. 5. Cluster housing, subject to section 4.02.04. 6. Fraternal and social clubs. 7 Schools, private.Also, "Ancillary plants" for public schools. 8. Group care facilities (category I and II); care units; nursing homes; assisted living facilities pursuant to § 429.02 F.S. and ch. 59A-36 F.A.C.; and continuing care retirement communities pursuant to ch. 651 F.S. and ch. 690-193 F.A.C.; all subject to LDC section 5.05.04. 9. Recreational facilities intended to serve an existing and/or developing residential community as represented by all of the properties/lots/parcels included in an approved preliminary subdivision plat, PUD or site develop- ment plan. The use of said recreational facilities shall be limited to the owners of property or occupants of residential dwellings units and their guests within the area of approved preliminary subdivision plat, or site development plan. 10. Model homes and model sales centers, subject to compliance with all other LDC requirements, to include but not limited to, section 5.04.04. 11. Public schools without an agreement with Collier County, as described in LDC section 5.05.14.Additional standards in LDC section 5.05.14 shall also apply; however, any high school located in this district is subject to a compatibility review as described in LDC section 10.02.03. d. Prohibited animals in residential districts.The following animals are to be considered farm animals and are not permitted to be kept in residential districts except as provided for in zoning district regulations: turkeys, chickens, ducks, geese, pigs, horses, cows, goats, hogs, and the like. G. Mobile Home District(MH).The purpose and intent of the mobile home district(MH) is to provide land for mobile homes and modular built homes, as defined in this Land Development Code, that are consistent and compatible with surrounding land uses. The MH District corresponds to and implements the urban mixed-use land use designation on the future land-use map of the Collier County GMP.The maximum density permissible in the MH district and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP.The maximum density permissible or permitted in the MH district Supp.No.23 LDC2:34 ZONING DISTRICTS AND USES 2.03.02 G. 2.03.02 G.1. shall not exceed the density permissible under the density rating system, except as permitted by policies contained in the future land use element, or as identified in the Immokalee future land use map of the GMP. 1. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the mobile home district (MH). a. Permitted uses. 1. Mobile homes. 2. Modular built homes. 3. Family care facilities, subject to section 5.05.04. 4. Recreational vehicles (RV) as defined in the TTRVC district for those areas zoned MHTT or MHRP prior to November 13, 1991, in accordance with an approved master development plan designating specific areas for RV spaces.The development standards of the TTRVC district(excluding lot size and area) shall apply to the placement and uses of land in said RV areas. 5. Educational plants and public schools with an agreement with Collier County, as described in LDC section 5.05.14; however, any high school located in this district is subject to a compatibility review as described in LDC section 10.02.03. b. Accessory Uses. 1. Uses and structures customarily associated with mobile home develop- ment such as administration buildings, service buildings, utilities, and additions which complement a mobile home. 2. Private docks and boathouses, subject to section 5.03.06. 3. Recreational facilities that serve as an integral part of a residential develop- ment and have been designated, reviewed and approved on a site develop- ment plan or preliminary subdivision plat for that development.Recreational facilities may include, but are not limited to, golf course, clubhouse, com- munity center building and tennis facilities, parks, playgrounds and play- fields. 4. One single-family dwelling in conjunction with the operation of the mobile home park. c. Conditional uses. The following uses are permissible as conditional uses in the mobile home district (MH), subject to the standards and procedures established in LDC section 10.08.00. 1. Child care centers and adult day care centers. 2. Churches. Supp.No.23 LDC2:35 COLLIER COUNTY LAND DEVELOPMENT CODE 2.03.02 G.1. 2.03.03 A. 3. Civic and cultural facilities. 4. Schools, private. 5. Recreational facilities intended to serve an existing and/or developing residential community as represented by all of the properties/lots/parcels included in an approved preliminary subdivision plat, PUD or site develop- ment plan. The use of said recreational facilities shall be limited to the owners of property or occupants of residential dwellings units and their guests within the area of approved preliminary subdivision plat, or site development plan. 6. Model homes and model sales centers, subject to compliance with all other LDC requirements, to include but not limited to, section 5.04.04. 7. Educational plants and public schools with an agreement with Collier County, as described in LDC section 5.05.14.Additional standards in LDC section 5.05.14 shall also apply; however, any high school located in this district is subject to a compatibility review as described in LDC section 10.02.03. d. Prohibited animals in residential districts.The following animals are to be considered farm animals and are not permitted to be kept in residential districts except as provided for in zoning district regulations: turkeys, chickens, ducks, geese, pigs, horses, cows, goats, hogs, and the like. (Ord. No. 08-11, § 3.E; Ord. No. 16-27, § 3.C; Ord. No. 21-05, § 3.C) 2.03.03 Commercial Zoning Districts A. Commercial Professional and General Office District (C-1).The purpose and intent of the commercial professional and general office district C-1 is to allow a concentration of office type buildings and land uses that are most compatible with, and located near, residential areas. Most C-1 commercial, professional, and general office districts are contiguous to, or when within a PUD, will be placed in close proximity to residential areas, and, therefore, serve as a transitional zoning district between residential areas and higher intensity commercial zoning districts.The types of office uses permitted are those that do not have high traffic volumes throughout the day, which extend into the evening hours.They will have morning and evening short-term peak conditions.The market support for these office uses should be those with a localized basis of market support as opposed to office functions requiring inter-jurisdictional and regional market support. Because office functions have significant employment characteristics, which are compounded when aggregations occur, certain personal service uses shall be permitted, to provide a convenience to office-based employment. Such Supp.No.23 LDC2:36 ZONING DISTRICTS AND USES 2.03.03 A. 2.03.03 A.1. convenience commercial uses shall be made an integral part of an office building as opposed to the singular use of a building. Housing may also be a component of this district as provided for through conditional use approval. 1. The following uses, as identified with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are permissible by right, or as accessory or conditional uses within the C-1 commercial professional and general office district. a. Permitted uses. 1. Accounting (8721). 2. Adjustment and collection services (7322). 3. Advertising agencies (7311). 4. Architectural services (8712). 5. Auditing (8721). 6. Automobile parking lots (7521) only. 7 Barber shops (7241, except for barber schools). 8. Beauty shops (7231, except for beauty schools). 9. Bookkeeping services (8721). 10. Business consulting services (8748). 11. Business credit institutions (6153-6159). 12. Child day care services (8351). 13. Computer programming, data processing and other services (7371 -7376, 7379). 14. Credit reporting services (7323). 15. Debt counseling (7299, no other miscellaneous services) 16. Direct mail advertising services (7331). 17. Educational plants and public schools subject to LDC section 5.05.14. 18. Engineering services (8711). 19. Essential services, subject to section 2.01.03. 20. Group care facilities (category I and II, except for homeless shelters); care units, except for homeless shelters; nursing homes; assisted living facilities Supp.No.23 LDC2:37 COLLIER COUNTY LAND DEVELOPMENT CODE 2.03.03 A.1. 2.03.03 A.1. pursuant to § 429.02 F.S. and ch. 59A-36 F.A.C.; and continuing care retirement communities pursuant to ch. 651 F.S. and ch. 690-193 F.A.C.; all subject to LDC section 5.05.04. 21. Health services, offices and clinics (8011-8049). 22. Insurance carriers, agents and brokers (6311-6399, 6411). 23. Landscape architects, consulting and planning (0781). 24. Legal services (8111). 25. Loan brokers (6163). 26. Management services (8741 and 8742). 27. Mortgage bankers and loan correspondents (6162). 28. Personal credit institutions (6141). 29. Photographic studios, portrait (7221). 30. Physical fitness facilities(7991,permitted only when physically integrated and operated in conjunction with another permitted use in this district - no stand-alone facilities shall be permitted). 31. Public relations services (8743). 32. Radio, television and publishers advertising representatives (7313). 33. Real Estate (6531-6552). 34. Secretarial and court reporting services (7338). 35. Security and commodity brokers, dealer, exchanges and services (6211- 6289). 36. Shoe repair shops and shoeshine parlors (7251). 37. Social services, individual and family (8322 activity centers, elderly or handicapped only; day care centers, adult and handicapped only). 38. Surveying services (8713). 39. Tax return preparation services (7291). 40. Travel agencies (4724, no other transportation services). 41. Any other commercial use or professional service which is comparable in nature with the foregoing uses including those that exclusively serve the administrative as opposed to the operational functions of a business and are associated purely with activities conducted in an office, as determined by the Hearing Examiner or CCPC, pursuant to LDC section 10.02.06 K. Supp.No.23 LDC2:38 ZONING DISTRICTS AND USES 2.03.03 A.1. 2.03.03 A.1. b. Accessory uses. 1. Uses and structures that are accessory and incidental to the uses permitted as of right in the C-1 district. 2. Caretaker's residence, subject to section 5.03.05. c. Conditional uses. The following uses are permissible as conditional uses in the (C-1)commercial professional and general office district, subject to the standards and procedures established in LDC section 10.08.00. 1. Ancillary plants. 2. Automobile parking, automobile parking garages and parking structures (7521 —shall not be construed to permit the activity of"tow-in parking lots"). 3. Banks, credit unions and trusts (6011-6099). 4. Churches. 5. Civic, social and fraternal associations (8641). 6. Eating places primarily intended to serve employees and customers of the permitted use (5812, excluding Automats (eating places); caterers; commis- sary restaurants; contract feeding; dinner theaters; drive-in restaurants; industrial feeding; restaurants; carry-out; theaters; dinner).The request may be permitted subject to the following criteria: a. The use is physically integrated and operated in conjunction with another permitted use in the C-1 district (no stand-alone facilities shall be permitted). b. There is no exterior signage. c. There is no direct exterior access. d. Parking for the permitted use is consistent with LDC section 4.05.04. e. In addition to the Planning Commission's Findings, its recommenda- tion shall include, but not be limited to, the following considerations for the conditional use request: Seating capacity. ii. Gross floor area of the request in relation to the principal structure. 7 Educational services (8211-8222). 8. Funeral services (7261, except crematories). 9. Home health care services (8082). Supp.No.23 LDC2:39 COLLIER COUNTY LAND DEVELOPMENT CODE 2.03.03 A.1. 2.03.03 A.1. 10. Homeless shelters. 11. Libraries (8231, except regional libraries). 12. Mixed residential and commercial uses subject to design criteria contained in section 4.02.38 except where superseded by the following criteria: i. A site development plan is approved pursuant to section 10.02.03 that is designed to protect the character of the residential uses and of the neighboring lands; ii. The commercial uses in the development may be limited in hours of operation, size of delivery trucks, and type of equipment; iii. The residential uses are designed so that they are compatible with the commercial uses; iv. Residential dwellings units are located above principal uses; v. Residential and commercial uses do not occupy the same floor of a building; vi. The number of residential dwellings units shall be controlled by the dimensional standards of the underlying district, together with the specific requirement that in no instance shall the residential uses exceed fifty (50%) percent of the gross floor area of the building; vii. Building height may not exceed two (2) stories; viii. Each residential dwelling unit shall contain the following minimum floor areas: Efficiency and one-bedroom, 450 square feet; two- bedroom, 650 square feet; three-bedroom, 900 square feet; ix. A minimum of 30 percent of the mixed use development shall be maintained as open space.The following may be used to satisfy the open space requirements;areas used to satisfy water management requirements, landscaped areas, recreation areas,or setback areas not covered with impervious surface or used for parking (parking lot islands may not be used unless existing native vegetation is maintained); x. The mixed commercial/residential structure shall be designed to enhance compatibility of the commercial and residential uses through such measures as, but not limited to, minimizing noise associated with commercial uses;directing commercial lighting away from residential units; and separating pedestrian and vehicular access ways and parking areas from residential units,to the greatest extent possible. 13. Religious organizations (8661). 14. Soup kitchens. Supp.No.23 LDC2:40 ZONING DISTRICTS AND USES 2.03.03 A.1. 2.03.03 B.1. 15. Veterinary services (0742, excluding outdoor kenneling). B. Commercial Convenience District (C-2). The purpose and intent of the commercial convenience district (C-2) is to provide lands where commercial establishments may be located to provide the small-scale shopping and personal needs of the surrounding residential land uses within convenient travel distance except to the extent that office uses carried forward from the C-1 district will expand the traditional neighborhood size.However, the intent of this district is that retail and service uses be of a nature that can be economically supported by the immediate residential environs.Therefore, the uses should allow for goods and services that households require on a daily basis, as opposed to those goods and services that households seek for the most favorable economic price and, therefore, require much larger trade areas.It is intended that the C-2 district implements the Collier County GMP within those areas designated agricultural/rural; estates neighborhood center district of the Golden Gate Master Plan; the neighborhood center district of the Immokalee Master Plan; and the urban mixed use district of the future land use element permitted in accordance with the locational criteria for commercial and the goals, objectives, and policies as identified in the future land use element of the Collier County GMP.The maximum density permissible in the C-2 district and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP.The maximum density permissible or permitted in a district shall not exceed the density permissible under the density rating system. 1. The following uses, as identified with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are permissible by right, or as accessory or conditional uses within the C-2 commercial convenience district. a. Permitted uses. 1. Accounting (8721). 2. Adjustment and collection services (7322). 3. Advertising agencies (7311). 4. Apparel and accessory stores (5611-5699)with 1,800 square feet or less of gross floor area in the principal structure. 5. Architectural services (8712). 6. Auditing (8721). 7 Automobile Parking, automobile parking garages and parking structures (7521 —shall not be construed to permit the activity of"tow-in parking lots"). 8. Banks, credit unions and trusts (6011-6099). 9. Barber shops (7241, except for barber schools). 10. Beauty shops (7231, except for beauty schools). 11. Bookkeeping services (8721). 12. Business consulting services (8748). Supp.No.23 LDC2:41 COLLIER COUNTY LAND DEVELOPMENT CODE 2.03.03 B.1. 2.03.03 B.1. 13. Business credit institutions (6153-6159). 14. Child day care services (8351). 15. Churches. 16. Civic, social and fraternal associations (8641). 17. Commercial art and graphic design (7336). 18. Commercial photography (7335). 19. Computer and computer software stores(5734)with 1,800 square feet or less of gross floor area in the principal structure. 20. Computer programming, data processing and other services (7371-7379). 21. Credit reporting services (7323). 22. Debt counseling (7299, no other miscellaneous services) 23. Direct mail advertising services (7331). 24. Eating places (5812, except contract feeding, dinner theaters, institutional food service, and industrial feeding) with 2,800 square feet or less of gross floor area in the principal structure). 25. Educational plants and public schools subject to LDC section 5.05.14. 26. Engineering services (8711). 27. Essential services, subject to section 2.01.03. 28. Food stores (groups 5411 - except supermarkets, 5421-5499) with 2,800 square feet or less of gross floor area in the principal structure. 29. Funeral services (7261, except crematories). 30. Garment pressing, and agents for laundries and drycleaners (7212). 31. Gasoline service stations (5541, subject to section 5.05.05). 32. General merchandise stores (5331-5399) with 1,800 square feet or less of gross floor area in the principal structure. 33. Glass stores (5231) with 1,800 square feet or less of gross floor area in the principal structure. 34. Group care facilities (category I and II, except for homeless shelters); care units, except for homeless shelters; nursing homes; assisted living facilities pursuant to § 429.02 F.S. and ch. 59A-36 F.A.C.; and continuing care retirement communities pursuant to ch. 651 F.S. and ch. 690-193 F.A.C.; all subject to LDC section 5.05.04. Supp.No.23 LDC2:42 ZONING DISTRICTS AND USES 2.03.03 B.1. 2.03.03 B.1. 35. Hardware stores (5251) with 1,800 square feet or less of gross floor area in the principal structure. 36. Health services, offices and clinics (8011-8049). 37 Home furniture and furnishings stores (5713-5719) with 1,800 square feet or less of gross floor area in the principal structure. 38. Home health care services (8082). 39. Insurance carriers, agents and brokers (6311-6399, 6411). 40. Landscape architects, consulting and planning (0781). 41. Laundries and drycleaning, coin operated —self service (7215). 42. Legal services (8111). 43. Libraries (8231, except regional libraries). Supp.No.23 LDC2:42.1 ZONING DISTRICTS AND USES 2.03.03 B.1. 2.03.03 B.1. 44. Loan brokers (6163). 45. Management services (8741 and 8742). 46. Mortgage bankers and loan correspondents (6162). 47. Musical instrument stores(5736)with 1,800 square feet or less of gross floor area in the principal structure. 48. Paint stores (5231) with 1,800 square feet or less of gross floor area in the principal structure. 49. Personal credit institutions (6141). 50. Photocopying and duplicating services (7334). 51. Photofinishing laboratories (7384). 52. Photographic studios, portrait (7221). 53. Physical fitness facilities(7991,permitted only when physically integrated and operated in conjunction with another permitted use in this district - no stand-alone facilities shall be permitted). 54. Public relations services (8743). 55. Radio, television and consumer electronics stores (5731) with 1,800 square feet or less of gross floor area in the principal structure. 56. Radio, television and publishers advertising representatives (7313). 57 Real Estate (6531-6552). 58. Record and prerecorded tape stores (5735) with 1,800 square feet or less of gross floor area in the principal structure. 59. Religious organizations (8661). 60. Repair services - miscellaneous (7629-7631, except aircraft, business and office machines, large appliances, and white goods such as refrigerators and washing machines). 61. Retail services-miscellaneous(5912,5942-5961)with 1,800 square feet or less of gross floor area in the principal structure. 62. Secretarial and court reporting services (7338). 63. Security and commodity brokers, dealer, exchanges and services (6211- 6289). 64. Shoe repair shops and shoeshine parlors (7251). 65. Social services, individual and family (8322 activity centers, elderly or handicapped only; day care centers, adult and handicapped only). Supp.No.22 LDC2:43 COLLIER COUNTY LAND DEVELOPMENT CODE 2.03.03 B.1. 2.03.03 B.1. 66. Surveying services (8713). 67. Tax return preparation services (7291). 68. Travel agencies (4724, no other transportation services). 69. United State Postal Service (4311, except major distribution center). 70. Veterinary services (0742, excluding outdoor kenneling). 71. Videotape rental (7841) with 1,800 square feet or less of gross floor area in the principal structure. 72. Wallpaper stores (5231) with 1,800 square feet or less of gross floor area in the principal structure. 73. Any other commercial use or professional services which is comparable in nature with the foregoing uses including those that exclusively serve the administrative as opposed to the operational functions of a business and are associated purely with activities conducted in an office. 74. Any other commercial convenience use which is comparable in nature with the list of permitted uses and consistent with the purpose and intent statement of the district, as determined by the Hearing Examiner or CCPC, pursuant to LDC section 10.02.06 K. 75. An existing lawful structure over 1,800 sq. ft. as of July 14, 2014 may be occupied by any C-2 permitted use with a 1,800 sq.ft. or greater limitation. b. Accessory Uses. 1. Uses and structures that are accessory and incidental to the customary uses permitted as of right in the C-2 district. 2. Where play areas are constructed as an accessory use to a permitted use, the following conditions shall apply: i. A minimum five and one-half(51/2)foot high reinforced fence shall be installed on all sides of the play area which are not open to the principal structure; ii. Ingress to and egress from the play area shall be made only from the principal structure, however an emergency exit from the play area shall be provided which does not empty into the principal structure. iii. The play equipment shall be set back a minimum distance of five (5) feet from the required fence and from the principal structure. 3. Caretaker's residence, subject to section 5.03.05. 4. Outside storage or display of merchandise when specifically permitted for a use, otherwise prohibited, subject to section 4.02.12. Supp.No.22 LDC2:44 ZONING DISTRICTS AND USES 2.03.03 B.1. 2.03.03 B.1. c. Conditional uses. The following uses are permissible as conditional uses in the commercial convenience district (C-2), subject to the standards and procedures established in LDC section 10.08.00. 1. Ancillary plants. 2. Educational services (8211, 8222). 3. Homeless shelters. 4. Household appliance stores (5722, limited to air-conditioning room units, self-contained-retail, electronic household appliance stores-retail, household appliance stores, electric or gas-retail, sewing machine stores-retail, and vacuum cleaner stores-retail) with 1,800 square feet or less of gross floor area in the principal structure. 5. Marinas(4493 excluding boat yards, storage and incidental repair),subject to LDC section 5.05.02. 6. Membership organizations, miscellaneous (8699, excluding humane societ- ies, animal) limited to 1,800 square feet or less of gross floor area in the principal structure. 7 Mixed residential and commercial uses subject to design criteria contained in LDC section 4.02.38 except where superseded by the following criteria: i. A site development plan is approved pursuant to section 10.02.03 that is designed to protect the character of the residential uses and neighboring lands; ii. The commercial uses in the development may be limited in hours of operation, size of delivery trucks, and type of equipment; iii. The residential uses are designed so that they are compatible with the commercial uses; iv. Residential dwellings units are located above principal uses; v. Residential and commercial uses do not occupy the same floor of a building; vi. The number of residential dwellings units shall be controlled by the dimensional standards of the underlying district, together with the specific requirement that in no instance shall the residential uses exceed fifty (50%) percent of the gross floor area of the building or the density permitted under the growth management plan; vii. Building height may not exceed two (2) stories; viii. Each residential dwelling unit shall contain the following minimum floor areas: efficiency and one-bedroom, 450 square feet; two- bedroom, 650 square feet; three-bedroom, 900 square feet; Supp.No.22 LDC2:45 COLLIER COUNTY LAND DEVELOPMENT CODE 2.03.03 B.1. 2.03.03 C. ix. The residential dwellings units shall be restricted to occupancy by the owners or lessees of the commercial units below; x. A minimum of thirty(30)percent of the mixed use development shall be maintained as open space.The following may be used to satisfy the open space requirements;areas used to satisfy water manage- ment requirements; landscaped areas, recreation areas, or setback areas not covered with impervious surface or used for parking (parking lot islands may not be used unless existing native vegeta- tion is maintained); xi. The mixed commercial/residential structure shall be designed to enhance compatibility of the commercial and residential uses through such measures as, but not limited to, minimizing noise associated with commercial uses;directing commercial lighting away from residential units; and separating pedestrian and vehicular accessways and parking areas from residential units, to the greatest extent possible. 8. Personal services, miscellaneous (7299 - not listed as principle uses and limited to babysitting bureaus; birth certificate agencies; car title and tag services; computer photography or portraits; dating service; diet workshops; dress suit rental;tux rental; genealogical investigation service; hair removal; shopping service for individuals only; wardrobe service, except theatrical; wedding chapels, privately operated) with 1,800 square feet or less of gross floor area in the principal structure. 9. Permitted personal service, video rental or retail uses with more than 1,800 square feet of gross floor area in the principal structure. 10. Permitted food service (eating places or food stores) uses with more than 2,800 square feet of gross floor area in the permitted principal structure. 11. Soup kitchens. C. Commercial Intermediate District(C-3).The purpose and intent of the commercial intermediate district (C-3) is to provide for a wider variety of goods and services intended for areas expected to receive a higher degree of automobile traffic.The type and variety of goods and services are those that provide an opportunity for comparison shopping, have a trade area consisting of several neighborhoods, and are preferably located at the intersection of two-arterial level streets. Most activity centers meet this standard.This district is also intended to allow all of the uses permitted in the C-1 and C-2 zoning districts typically aggregated in planned shopping centers. This district is not intended to permit wholesaling type of uses, or land uses that have associated with them the need for outdoor storage of equipment and merchandise.A mixed-use project containing a residential component is permitted in this district subject to the criteria established herein.The C-3 district is permitted in accordance with the locational criteria for commercial and the goals, objectives, and policies as identified in the future land use element of the Collier County GMP.The maximum density permissible in the C-3 district and the urban mixed use land use designation shall be guided, in part, by the density rating system Supp.No.22 LDC2:46 ZONING DISTRICTS AND USES 2.03.03 C. 2.03.03 C.1. contained in the future land use element of the Collier County GMP. The maximum density permissible or permitted in the C-3 district shall not exceed the density permissible under the density rating system. 1. The following uses, as identified with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are permissible by right, or as accessory or conditional uses within the commercial intermediate district (C-3). a. Permitted uses. 1. Accounting (8721). 2. Adjustment and collection services (7322). 3. Advertising agencies (7311). 4. Amusement and recreation services, indoor (7999 martial arts, yoga and gymnastics instruction, gymnastic schools, and recreation involving physical fitness exercise only). 5. Animal specialty services, except veterinary (0752, excluding outside ken- neling). 6. Apparel and accessory stores(5611-5699)with 5,000 square feet or less of gross floor area in the principal structure. 7 Architectural services (8712). 8. Auditing (8721). 9. Auto and home supply stores (5531) with 5,000 square feet or less of gross floor area in the principal structure. 10. Automobile Parking, automobile parking garages and parking structures (7521 —shall not be construed to permit the activity of"tow-in parking lots"). 11. Automotive services (7549) except that this shall not be construed to permit the activity of "wrecker service (towing) automobiles, road and towing service." 12. Banks, credit unions and trusts (6011-6099). 13. Barber shops (7241, except for barber schools). 14. Beauty shops (7231, except for beauty schools). 15. Bookkeeping services (8721). 16. Business associations (8611). 17 Business consulting services (8748). 18. Business credit institutions (6153-6159). Supp.No.22 LDC2:47 COLLIER COUNTY LAND DEVELOPMENT CODE 2.03.03 C.1. 2.03.03 C.1. 19. Business services — miscellaneous (7389, except auctioneering service, automobile recovery, automobile repossession, batik work, bottle exchanges, bronzing, cloth cutting, contractors' disbursement, cosmetic kits, cotton inspection, cotton sampler, directories-telephone, drive-away automobile, exhibits-building,filling pressure containers,field warehousing,fire extinguisher, floats-decoration, folding and refolding, gas systems, bottle labeling, liquida- tion services, metal slitting and shearing, packaging and labeling, patrol of electric transmission or gas lines, pipeline or powerline inspection, press clipping service, recording studios, repossession service, rug binding,salvag- ing of damaged merchandise, scrap steel cutting and slitting, shrinking textiles, solvent recovery, sponging textiles, swimming pool cleaning, tape slitting, texture designers, textile folding, tobacco sheeting, window trimming, and yacht brokers). 20. Child day care services (8351). 21. Churches. 22. Civic, social and fraternal associations (8641). 23. Commercial art and graphic design (7336). 24. Commercial photography (7335). 25. Computer and computer software stores(5734)with 5,000 square feet or less of gross floor area in the principal structure. 26. Computer programming, data processing and other services (7371-7379). 27. Credit reporting services (7323). 28. Direct mail advertising services (7331). 29. Drycleaning plants (7216, nonindustrial drycleaning only). 30. Drug stores (5912). 31. Eating places (5812 only) with 6,000 square feet or less in gross floor area in the principal structure. All establishments engaged in the retail sale of alcoholic beverages for on-premise consumption are subject to locational requirements of section 5.05.01. 32. Educational plants and public schools subject to LDC section 5.05.14. 33. Engineering services (8711). 34. Essential services, subject to section 2.01.03. 35. Federal and federally-sponsored credit agencies (6111). 36. Food stores (groups 5411-5499) with 5,000 square feet or less of gross floor area in the principal structure. Supp.No.22 LDC2:48 ZONING DISTRICTS AND USES 2.03.03 C.1. 2.03.03 C.1. 37. Funeral services (7261, except crematories). 38. Garment pressing, and agents for laundries and drycleaners (7212). 39. Gasoline service stations (5541, subject to section 5.05.05). 40. General merchandise stores (5331-5399) with 5,000 square feet or less of gross floor area in the principal structure. 41. Glass stores (5231) with 5,000 square feet or less of gross floor area in the principal structure. 42. Group care facilities (category I and II, except for homeless shelters); care units, except for homeless shelters; nursing homes; assisted living facilities pursuant to § 429.02 F.S. and ch. 589A-36 F.A.C.; and continuing care retirement communities pursuant to ch. 651 F.S. and ch. 690-193 F.A.C.; all subject to LDC section 5.05.04. 43. Hardware stores (5251) with 1,800 square feet or less of gross floor area in the principal structure. 44. Health services, offices and clinics (8011-8049). 45. Home furniture and furnishings stores (5712-5719) with 5,000 square feet or less of gross floor area in the principal structure. 46. Home health care services (8082). 47. Household appliance stores (5722) with 5,000 square feet or less of gross floor area in the principal structure. 48. Insurance carriers, agents and brokers (6311-6399, 6411). 49. Labor unions (8631). 50. Landscape architects, consulting and planning (0781). 51. Laundries and drycleaning, coin operated -self service (7215). 52. Laundries, family and commercial (7211). 53. Legal services (8111). 54. Libraries (8231). 55. Loan brokers (6163). 56. Management services (8741 and 8742). 57. Marinas (4493), subject to section 5.05.02. 58. Membership organizations, miscellaneous (8699). 59. Mortgage bankers and loan correspondents (6162). Supp.No.23 LDC2:49 COLLIER COUNTY LAND DEVELOPMENT CODE 2.03.03 C.1. 2.03.03 C.1. 60. Museums and art galleries (8412). 61. Musical instrument stores (5736)with 5,000 square feet or less of gross floor area in the principal structure. 62. Paint stores (5231) with 5,000 square feet or less of gross floor area in the principal structure. 63. Personal credit institutions (6141). 64. Personal services, miscellaneous(7299-babysitting bureaus,clothing rental, costume rental, dating service, debt counseling, depilatory salons, diet workshops, dress suit rental, electrolysis, genealogical investigation service, and hair removal only)with 5,000 square feet or less of gross floor area in the principal structure. 65. Personnel supply services (7361 and 7363). 66. Photocopying and duplicating services (7334). 67 Photofinishing laboratories (7384). 68. Photographic studios, portrait (7221). 69. Physical fitness facilities (7991; 7911, except discotheques). 70. Political organizations (8651). 71. Professional membership organizations (8621). 72. Public administration (groups 9111-9199, 9229, 9311, 9411-9451, 9511- 9532, 9611-9661). 73. Public relations services (8743). 74. Radio, television and consumer electronics stores (5731) with 5,000 square feet or less of gross floor area in the principal structure. 75. Radio, television and publishers advertising representatives (7313). 76. Real Estate (6531-6552). 77. Record and prerecorded tape stores (5735)with 5,000 square feet or less of gross floor area in the principal structure. 78. Religious organizations (8661). 79. Repair services-miscellaneous(7629-7631,7699-bicycle repair,binocular repair, camera repair, key duplicating, lawnmower repair, leather goods repair, locksmith shop, picture framing, and pocketbook repair only). 80. Retail nurseries,lawn and garden supply stores(5261)with 5,000 square feet or less of gross floor area in the principal structure. Supp.No.23 LDC2:50 ZONING DISTRICTS AND USES 2.03.03 C.1. 2.03.03 C.1. 81. Retail services-miscellaneous(5921-5963 except pawnshops and building �-- materials, 5992-5999 except auction rooms, awning shops, gravestones, hot tubs, monuments, swimming pools, tombstones and whirlpool baths) with 5,000 square feet or less of gross floor area in the principal structure. 82. Secretarial and court reporting services (7338). 83. Security and commodity brokers, dealer, exchanges and services (6211- 6289). 84. Shoe repair shops and shoeshine parlors (7251). 85. Social services, individual and family (8322 activity centers, elderly or handicapped only; day care centers, adult and handicapped only). 86. Surveying services (8713). 87 Tax return preparation services (7291). 88. Travel agencies (4724, no other transportation services). 89. United State Postal Service (4311, except major distribution center). 90. Veterinary services (0742, excluding outdoor kenneling). 91. Videotape rental (7841) with 5,000 square feet or less of gross floor area in NNW, the principal structure. 92. Wallpaper stores (5231)with 5,000 square feet or less of gross floor area in the principal structure. 93. Any use which was permissible under the prior General Retail Commercial (GRC) zoning district, as identified by Zoning Ordinance adopted October 8, 1974, and which was lawfully existing prior to the adoption of this Code. 94. Any of the foregoing uses that are subject to a gross floor area limitation shall be permitted by right without the maximum floor area limitation if the use is developed as a component of a shopping center. 95. Any other commercial use or professional services which is comparable in nature with the foregoing uses including those that exclusively serve the administrative as opposed to the operational functions of a business and are associated purely with activities conducted in an office. 96. Any other intermediate commercial use which is comparable in nature with the list of permitted uses and consistent with the purpose and intent statement of the district, as determined by the Hearing Examiner or CCPC, pursuant to LDC section 10.02.06 K. 97. An existing lawful structure over 5,000 sq. ft. as of July 14, 2014 may be occupied by any C-3 permitted use with a 5,000 sq.ft. or greater limitation. Supp.No.22 LDC2:51 COLLIER COUNTY LAND DEVELOPMENT CODE 2.03.03 C.1. 2.03.03 C.1. b. Accessory Uses. 1. Uses and structures that are accessory and incidental to the uses permitted as of right in the C-3 district. 2. Caretaker's residence, subject to section 5.03.05. 3. Outside storage or display of merchandise when specifically permitted for a use, otherwise prohibited, subject to section 4.02.12. c. Conditional uses. The following uses are permissible as conditional uses in the commercial intermediate district (C-3), subject to the standards and procedures established in LDC sections 4.02.02 and 10.08.00. 1. Amusements and recreation services, outdoor (7999- boat rental, miniature golf course, bicycle and moped rental, rental of beach chairs and acces- sories only). 2. Ancillary plants. 3. Automotive vehicle dealers (5511, limited to automobile agencies (dealers)- retail and only new vehicles). In addition to the Planning Commission's Findings, its recommendation shall include, but not be limited to,the following considerations for the conditional use request: a. Controls on outdoor paging or amplified systems used as part of the daily operations. b. Location of enclosed service areas, with exception for entry/exit doors. c. The number of service bays. d. Operation hours. e. Adequacy of buffer(s). f. Location of gasoline storage and/or fueling tanks. g. Means of delivery of automobiles. 4. Bowling centers (7933). 5. Coin operated amusement devices (7993). 6. Courts (9211). 7 Drinking places (5813) excluding bottle clubs.All establishments engaged in the retail sale of alcoholic beverages for on-premise consumption are subject to the locational requirements of section 5.05.01. 8. Educational services (8221 and 8222). Supp.No.22 LDC2:52 ZONING DISTRICTS AND USES 2.03.03 C.1. 2.03.03 C.1. 9. Fire protection (9224). 10. Food stores with greater than 5,000 square feet of gross floor area in the principal structure (groups 5411-5499). 11. Health services (8071, 8092, and 8099). 12. Homeless shelters. 13. Hospitals (groups 8062-8069). 14. Legal counsel and prosecution (9222). 15. Medical equipment rental and leasing (7352). 16. Membership sports and recreational clubs indoor only (7997). 17. Mixed residential and commercial uses,subject to design criteria contained in section 4.02.38 except where superseded by the following criteria: i. A site development plan is approved pursuant to section 10.02.03 that is designed to protect the character of the residential uses and neighboring lands; ii. The commercial uses in the development may be limited in hours of operation, size of delivery trucks, and type of equipment; iii. The residential uses are designed so that they are compatible with the commercial uses; iv. Residential dwellings units are located above principal uses; v. Residential and commercial uses do not occupy the same floor of a building; vi. The number of residential dwellings units shall be controlled by the dimensional standards of the C-3 district, together with the specific requirement that in no instance shall the residential uses exceed 50 percent of the gross floor area of the building or the density permitted under the growth management plan; vii. Building height may not exceed two stories; viii. Each residential dwelling unit shall contain the following minimum floor areas: efficiency and one-bedroom, 450 square feet; two- bedroom, 650 square feet; three-bedroom, 900 square feet; ix. The residential dwellings units shall be restricted to occupancy by the owners or lessees of the commercial units below; x. A minimum of thirty(30)percent of the mixed use development shall be maintained as open space.The following may be used to satisfy the open space requirements; areas used to satisfy water manage- Supp.No.22 LDC2:53 COLLIER COUNTY LAND DEVELOPMENT CODE 2.03.03 C.1. 2.03.03 D. ment requirements; landscaped areas; recreation areas; or setback areas not covered with impervious surface or used for parking (parking lot islands may not be used unless existing native vegeta- tion is maintained); xi. The mixed commercial/residential structure shall be designed to enhance compatibility of the commercial and residential uses through such measures as, but not limited to, minimizing noise associated with commercial uses;directing commercial lighting away from residential units; and separating pedestrian and vehicular accessways and parking areas from residential units, to the greatest extent possible. 18. Motion picture theaters, (7832 - except drive-in). 19. Permitted food service (5812, eating places) uses with more than 6,000 square feet of gross floor area in the principal structure. 20. Permitted personal services,video rental or retail uses(excluding drug stores -5912)with more than 5,000 square feet of gross floor area in the principal structure. 21. Permitted use with less than 700 square feet gross floor area in the principal structure. 22. Public order and safety (9229). 23. Social services (8322 - other than those permitted, 8331-8399) 24. Soup kitchens. 25. Theatrical producers and miscellaneous theatrical services (7922 - com- munity theaters only). 26. Vocational schools (8243-8299). D. General Commercial District (C-4). The general commercial district (C-4) is intended to provide for those types of land uses that attract large segments of the population at the same time by virtue of scale, coupled with the type of activity. The purpose and intent of the C-4 district is to provide the opportunity for the most diverse types of commercial activities delivering goods and services, including entertainment and recreational attractions, at a larger scale than the C-1 through C-3 districts.As such, all of the uses permitted in the C-1 through C-3 districts are also permitted in the C-4 district.The outside storage of merchandise and equipment is prohibited, except to the extent that it is associated with the commercial activity conducted on-site such as, but not limited to,automobile sales, marine vessels,and the renting and leasing of equipment.Activity centers are suitable locations for the uses permitted by the C-4 district because most activity centers are located at the intersection of arterial roads. Therefore the uses in the C-4 district can most be sustained by the transportation network of major roads. The C-4 district is permitted in accordance with the locational criteria for Supp.No.22 LDC2:54 ZONING DISTRICTS AND USES 2.03.03 D. 2.03.03 D.1. uses and the goals, objectives, and policies as identified in the future land use element of the Collier County GMP.The maximum density permissible or permitted in a district shall not exceed the density permissible under the density rating system. 1. The following uses, as defined with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are permissible by right, or as accessory or conditional uses within the general commercial district (C-4). a. Permitted uses. 1. Accounting (8721). 2. Adjustment and collection services (7322). 3. Advertising agencies (7311). 4. Advertising - miscellaneous (7319). 5. Agricultural services (0783). 6. Amusement and recreation services, indoor (7999). 7 Amusement and recreation services, outdoor(7999 -fishing piers and lakes operation, houseboat rental, pleasure boat rental, operation of party fishing boats, canoe rental only). 8. Ancillary plants. 9. Animal specialty services, except veterinary (0752, excluding outside ken- neling). 10. Apparel and accessory stores (5611-5699). 11. Architectural services (8712). 12. Auditing (8721). 13. Auto and home supply stores (5531). 14. Automobile Parking, automobile parking garages and parking structures (7521 - shall not be construed to permit the activity of "tow-in parking lots"). 15. Automotive services (7549) except that this shall not be construed to permit the activity of "wrecker service (towing) automobiles, road and towing service." 16. Automotive vehicle and equipment dealers (5511 and 5599, new vehicles only). 17 Banks, credit Unions and trusts (6011-6099). 18. Barber shops (7241, except for barber schools). 19. Beauty shops (7231, except for beauty schools). Supp.No.22 LDC2:54.1 COLLIER COUNTY LAND DEVELOPMENT CODE 2.03.03 D.1. 2.03.03 D.1. 20. Bookkeeping services (8721). 21. Bowling centers, indoor (7933). 22. Building cleaning and maintenance services (7349). 23. Business associations (8611). 24. Business consulting services (8748). 25. Business credit institutions (6153-6159). 26. Business services - miscellaneous (7381, 7389 - except auctioneering service, automobile recovery, automobile repossession, batik work, bottle exchanges, bronzing, cloth cutting, contractors' disbursement, cosmetic kits, cotton inspection,cotton sampler,directories-telephone,drive-away automobile, exhibits-building,filling pressure containers,field warehousing,fire extinguisher, floats-decoration, folding and refolding, gas systems, bottle labeling, liquida- tion services, metal slitting and shearing, packaging and labeling, patrol of electric transmission or gas lines, pipeline or powerline inspection, press clipping service, recording studios, repossession service, rug binding,salvag- ing of damaged merchandise, scrap steel cutting and slitting, shrinking textiles, solvent recovery, sponging textiles, swimming pool cleaning, tape slitting, texture designers, textile folding, tobacco sheeting, and window trimming service). Supp.No.22 LDC2:54.2 ZONING DISTRICTS AND USES 2.03.03 D. 2.03.03 D.1. uses and the goals, objectives, and policies as identified in the future land use element of the Collier County GMP.The maximum density permissible or permitted in a district shall not exceed the density permissible under the density rating system. 1. The following uses, as defined with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are permissible by right, or as accessory or conditional uses within the general commercial district (C-4). a. Permitted uses. 1. Accounting (8721). 2. Adjustment and collection services (7322). 3. Advertising agencies (7311). 4. Advertising- miscellaneous (7319). 5. Agricultural services (0783). 6. Amusement and recreation services, indoor (7999). 7 Amusement and recreation services, outdoor(7999 -fishing piers and lakes operation, houseboat rental, pleasure boat rental, operation of party fishing boats, canoe rental only). 8. Ancillary plants. 9. Animal specialty services, except veterinary (0752, excluding outside ken- neling). 10. Apparel and accessory stores (5611-5699). 11. Architectural services (8712). 12. Auditing (8721). 13. Auto and home supply stores (5531). 14. Automobile Parking, automobile parking garages and parking structures (7521 - shall not be construed to permit the activity of "tow-in parking lots"). 15. Automotive services (7549) except that this shall not be construed to permit the activity of "wrecker service (towing) automobiles, road and towing service." 16. Automotive vehicle and equipment dealers (5511 and 5599, new vehicles only). 17. Banks, credit Unions and trusts (6011-6099). 18. Barber shops (7241, except for barber schools). 19. Beauty shops (7231, except for beauty schools). Supp.No.23 LDC2:55 COLLIER COUNTY LAND DEVELOPMENT CODE 2.03.03 D.1. 2.03.03 D.1. 20. Bookkeeping services (8721). 21. Bowling centers, indoor (7933). 22. Building cleaning and maintenance services (7349). 23. Business associations (8611). 24. Business consulting services (8748). 25. Business credit institutions (6153-6159). 26. Business services - miscellaneous (7381, 7389 - except auctioneering service, automobile recovery, automobile repossession, batik work, bottle exchanges, bronzing, cloth cutting, contractors' disbursement, cosmetic kits, cotton inspection,cotton sampler,directories-telephone,drive-away automobile, exhibits-building,filling pressure containers,field warehousing,fire extinguisher, floats-decoration, folding and refolding, gas systems, bottle labeling, liquida- tion services, metal slitting and shearing, packaging and labeling, patrol of electric transmission or gas lines, pipeline or powerline inspection, press clipping service, recording studios, repossession service, rug binding,salvag- ing of damaged merchandise, scrap steel cutting and slitting, shrinking textiles, solvent recovery, sponging textiles, swimming pool cleaning, tape slitting, textile designers, textile folding, tobacco sheeting, and window trimming service). 27. Cable and other pay television services (4841) including communications towers up to specified height, subject to section 5.05.09. 28. Carpet and upholstery cleaning (7217). 29. Carwashes (7542) provided that carwashes abutting residential zoning districts shall be subject to section 5.05.11 of this Code. 30. Child day care services (8351). 31. Churches. 32. Civic, social and fraternal associations (8641). 33. Coin-operated laundries and dry cleaning (7215). 34. Coin operated amusement devices, indoor (7993). 35. Commercial art and graphic design (7336). 36. Commercial photography (7335). 37. Commercial printing (2752, excluding newspapers). 38. Computer programming, data processing and other services (7371-7379). 39. Computer and computer software stores (5734). Supp.No.23 LDC2:56 ZONING DISTRICTS AND USES 2.03.03 D.1. 2.03.03 D.1. 40. Credit reporting services (7323). 41. Dance studios, schools and halls, indoor (7911). 42. Detective,guard and armored car service(7381,except armored car and dog rental). 43. Department stores (5311). 44. Direct mail advertising services (7331). 45. Disinfecting and pest control services (7342). 46. Drycleaning plants (7216, nonindustrial drycleaning only). 47. Drug stores (5912). 48. Eating and drinking establishments (5812 and 5813) excluding bottle clubs. All establishments engaged in the retail sale of alcoholic beverages for on-premise consumption are subject to the locational requirements of section 5.05.01. 49. Educational plants and public schools subject to LDC section 5.05.14. 50. Educational services (8221 and 8222). 51. Electrical and electronic repair shops (7622-7629). 52. Engineering services (8711). 53. Equipment rental and leasing (7359 - except airplane, industrial truck, portable toilet and oil field equipment renting and leasing). 54. Essential services, subject to section 2.01.03. 55. Facilities support management services (8744). 56. Federal and federally-sponsored credit agencies (6111). 57. Food stores (groups 5411-5499). 58. Funeral services (7261, except crematories). 59. Garment pressing, and agents for laundries and drycleaners (7212). 60. Gasoline service stations (5541), with services and repairs as described in section 5.05.05. 61. General merchandise stores (5331-5399). 62. Glass stores (5231). 63. Golf courses, public (7992). Supp.No.23 LDC2:56.1 COLLIER COUNTY LAND DEVELOPMENT CODE 2.03.03 D.1. 2.03.03 D.1. 64. Group care facilities (category I and II, except for homeless shelters); care units, except for homeless shelters; nursing homes; assisted living facilities pursuant to § 429.02 F.S. and ch. 59A-36 F.A.C.; and continuing care retirement communities pursuant to ch. 651 F.S. and ch. 690-193 F.A.C.; all subject to LDC section 5.05.04. 65. Hardware stores (5251). 66. Health services, miscellaneous (8092-8099). 67. Health services, offices and clinics (8011-8049). 68. Home furniture and furnishings stores (5712-5719). 69. Home health care services (8082). 70. Hospitals (8062-8069). 71. Hotels and motels (7011, 7021 and 7041) when located within an activity center. 72. Household appliance stores (5722). 73. Insurance carriers, agents and brokers (6311-6399, 6411). 74. Labor unions (8631). Supp.No.23 LDC2:56.2 ZONING DISTRICTS AND USES 2.03.03 D.1. 2.03.03 D.1. 75. Landscape architects, consulting and planning (0781). 76. Laundries and drycleaning, coin operated -self service (7215). 77. Laundries, family and commercial (7211). 78. Laundry and garment services, miscellaneous (7219). 79. Legal services (8111). 80. Libraries (8231). 81. Loan brokers (6163). 82. Management services (8741, 8742). 83. Marinas (4493 & 4499 - except canal operation, cargo salvaging, ship dismantling, lighterage, marine salvaging, marine wrecking, and steamship leasing), subject to section 5.05.02. 84. Medical and dental laboratories (8071 and 8072). 85. Medical equipment rental and leasing (7352). 86. Membership organizations, miscellaneous (8699). 87. Membership sports and recreation clubs, indoor (7997). 88. Mortgage bankers and loan correspondents (6162). 89. Motion picture theaters (7832). 90. Motorcycle dealers (5571). 91. Museums and art galleries (8412). 92. Musical instrument stores (5736). 93. News syndicates (7383). 94. Nursing and professional care facilities (8051-8059). 95. Outdoor advertising services (7312). 96. Paint stores (5231). 97. Passenger car leasing (7515). 98. Passenger car rental (7514). 99. Personal credit institutions (6141). 100. Personal services, miscellaneous (7299). 101. Personnel supply services (7361 & 7363). Supp. No. 12 LDC2:57 COLLIER COUNTY LAND DEVELOPMENT CODE 2.03.03 D.1. 2.03.03 D.1. 102. Photocopying and duplicating services (7334). 103. Photofinishing laboratories (7384). 104. Photographic studios, portrait (7221). 105. Physical fitness facilities (7991). 106. Political organizations (8651). 107. Professional membership organizations (8621). 108. Professional sports clubs and promoters, indoor (7941). 109. Public administration (groups 9111-9199, 9229, 9311, 9411-9451, 9511- 9532, 9611-9661). 110. Public or private parks and playgrounds. 111. Public relations services (8743). 112. Radio, television and consumer electronics stores (5731). 113. Radio, television and publishers advertising representatives (7313). 114. Radio and television broadcasting stations (4832 & 4833). 115. Real Estate (6512, 6531-6552). 116. Record and prerecorded tape stores (5735). 117. Religious organizations (8661). 118. Repair services-miscellaneous(7699-except agricultural equipment repair, awning repair, beer pump coil cleaning and repair, blacksmith shops, catch basin, septic tank and cesspool cleaning, industrial truck repair, machinery cleaning, repair of service station equipment, boiler cleaning, tinsmithing, tractor repair). 119. Research, development and testing services (8731-8734). 120. Retail - miscellaneous (5921-5963, 5992-5999). 121. Retail nurseries, lawn and garden supply stores (5261). 122. Reupholstery and furniture repair (7641). 123. Secretarial and court reporting services (7338). 124. Security and commodity brokers, dealer, exchanges and services (6211- 6289). 125. Security systems services (7382). Supp. No. 12 LDC2:58 ZONING DISTRICTS AND USES 2.03.03 D.1. 2.03.03 D.1. 126. Shoe repair shops and shoeshine parlors (7251). 127. Social services, individual and family (8322-8399, except for homeless shelters and soup kitchens). 128. Surveying services (8713). 129. Tax return preparation services (7291). 130. Telegraph and other message communications(4822) including communica- tions towers up to specified height, subject to section 5.05.09. 131. Telephone communications (4812 and 4813) including communications towers up to specified height, subject to section 5.05.09. 132. Theatrical producers and miscellaneous theatrical services, indoor (7922- 7929, including bands, orchestras and entertainers; except motion picture). 133. Travel agencies (4724, no other transportation services). 134. United State Postal Service (4311, except major distribution center). 135. Veterinary services (0741 and 0742, excluding outside kenneling). 136. Videotape rental (7841). 137. Vocational schools (8243-8299). 138. Wallpaper stores (5231). 139. Watch, clock and jewelry repair (7631). 140. Any use which was permissible under the prior General Retail Commercial (GRC) zoning district, as identified by Zoning Ordinance adopted October 8, 1974, and which was lawfully existing prior to the adoption of this Code. 141. Any other commercial use or professional services which is comparable in nature with the foregoing uses including those that exclusively serve the administrative as opposed to the operational functions of a business and are purely associated with activities conducted in an office. 142. Any other general commercial use which is comparable in nature with the list of permitted uses and consistent with the purpose and intent statement of the district, as determined by the Hearing Examiner or CCPC, pursuant to LDC section 10.02.06 K. b. Accessory Uses. 1. Uses and structures that are accessory and incidental to the uses permitted as of right in the C-4 district. 2. Caretaker's residence, subject to section 5.03.05. Supp.No.22 LDC2:59 COLLIER COUNTY LAND DEVELOPMENT CODE 2.03.03 D.1. 2.03.03 D.1. 3. Outside storage or display of merchandise when specifically permitted for a use, otherwise prohibited, subject to section 4.02.12. c. Conditional uses. The following uses are permitted as conditional uses in the general commercial district(C-4),subject to the standards and procedures established in LDC section 10.08.00. 1. Animal specialty services, except veterinary(0752, with outside kenneling). 2. Amusement and recreation services, outdoor (7948, 7992, 7996, 7999). 3. Auctioneering services, auction rooms (7389, 5999). 4. Automotive dealers and gasoline service stations (5511, 5521). 5. Automotive rental and leasing, outdoor display permitted (7513, 7519). 6. Boat dealers (5551). 7. Bottle clubs. (All establishments engaged in the retail sale of alcoholic beverages for on-premise consumption are subject to the locational require- ments of section 5.05.01.). 8. Communication towers above specified height, subject to section 5.05.09. 9. Dealers not elsewhere classified (5599 outdoor display permitted, excluding Aircraft dealers-retail). 10. Fire protection (9224). 11. Fishing, hunting and trapping (0912-0919). 12. Fuel dealers (5983-5989). 13. Homeless shelters. 14. Hotels and motels (7011, 7021, 7041 when located outside an activity center). 15. Kiosks. 16. Legal counsel and prosecution (9222). 17. Local and suburban transit (groups 4111-4121, bus stop and van pool stop only). 18. Motion picture theaters, drive-in (7833). 19. Permitted use with less than 700 square feet of gross floor area in the principal structure. 20. Police Protection (9221). 21. Public order and safety (9229). Supp.No.22 LDC2:60 ZONING DISTRICTS AND USES 2.03.03 D.1. 2.03.03 E.1. 22. Recreational vehicle dealers (5561). 23. Soup kitchens. 24. Motor freight transportation and warehousing (4225, air conditioned and mini-and self storage warehousing only). 25. Veterinary services (0741 and 0742, with outside kenneling). E. Heavy Commercial District(C-5). In addition to the uses provided in the C-4 zoning district,the heavy commercial district (C-5) allows a range of more intensive commercial uses and services which are generally those uses that tend to utilize outdoor space in the conduct of the business.The C-5 district permits heavy commercial services such as full-service automotive repair, and establishments primarily engaged in construction and specialized trade activities such as contractor offices, plumbing, heating and air conditioning services, and similar uses that typically have a need to store construction associated equipment and supplies within an enclosed structure or have showrooms displaying the building material for which they specialize.Outdoor storage yards are permitted with the requirement that such yards are completely enclosed or opaquely screened. The C-5 district is permitted in accordance with the locational criteria for uses and the goals, objectives, and policies as identified in the future land use element of the Collier County GMP. 1. The following uses, as identified with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are permissible by right, or as accessory or conditional uses within the heavy commercial district (C-5). a. Permitted uses. 1. Accounting (8721). 2. Adjustment and collection services (7322). 3. Advertising agencies (7311). 4. Advertising - miscellaneous (7319). 5. Agricultural services (0783). 6. Ancillary plants. 7 Amusement and recreation services, indoor (7999). 8. Amusement and recreation services, outdoor(7999 -fishing piers and lakes operation, houseboat rental, pleasure boat rental, operation of party fishing boats, canoe rental only). 9. Animal specialty services, except veterinary (0752, excluding outside ken- neling). 10. Apparel and accessory stores (5611-5699). 11. Architectural services (8712). 12. Armature rewinding shops (7694). Supp.No.22 LDC2:61 COLLIER COUNTY LAND DEVELOPMENT CODE 2.03.03 E.1. 2.03.03 E.1. 13. Auctioneering/auction houses (groups 7389, 5999). 14. Auditing (8721). 15. Auto and home supply stores (5531). 16. Automobile Parking. (7521). 17. Automotive dealers, not elsewhere classified (5599). 18. Automotive repair services (7532 -7539). 19. Automotive services (7549). 20. Banks, credit Unions and trusts (6011-6099). 21. Barber shops (7241, except for barber schools). 22. Beauty shops (7231, except for beauty schools). 23. Boat dealers (5551). 24. Bookkeeping services (8721). 25. Bowling centers, indoor (7933). 26. Building cleaning and maintenance services (7349). -- 27. Building construction-General contractors and operative builders (1521- 1542). 28. Business associations (8611). 29. Business consulting services (8748). 30. Business credit institutions (6153-6159). 31. Business services (7389-contractors' disbursement, directories-telephone, recording studios, swimming pool cleaning, and textile designers only). 32. Cable and other pay television services (4841) including communications towers up to specified height, subject to section 5.05.09. 33. Carpentry and floor work contractors (1751-1752). 34. Carpet and Upholstery cleaning (7217). 35. Carwashes (7542), provided that carwashes abutting residential zoning districts shall be subject to section 5.05.11 of this Code. Supp.No.22 LDC2:62 ZONING DISTRICTS AND USES 2.03.03 E.1. 2.03.03 E.1. 36. Churches. 37. Civic, social and fraternal associations (8641). 38. Coin-operated laundries and dry cleaning (7215). 39. Coin operated amusement devices, indoor (7993). 40. Commercial art and graphic design (7336). 41. Commercial photography (7335). 42. Commercial printing (2752, excluding newspapers). 43. Computer programming, data processing and other services (7371-7379). 44. Computer and computer software stores (5734). 45. Concrete work (1771). 46. Courts (9211). 47. Credit reporting services (7323). 48. Crematories (7261). 49. Dance studios, schools and halls, indoor (7911). 50. Department stores (5311). 51. Detective,guard and armored car service(7381,except armored car and dog rental). 52. Direct mail advertising services (7331). 53. Disinfecting and pest control services (7342). 54. Drycleaning plants (7216, nonindustrial drycleaning only). 55. Drug stores (5912). 56. Eating and drinking establishments (5812 and 5813) excluding bottle clubs. All establishments engaged in the retail sale of alcoholic beverages for on-premise consumption are subject to the locational requirements of section 5.05.01. 57. Educational plants and public schools subject to LDC section 5.05.14. 58. Educational services (8221 and 8222). 59. Electrical and electronic repair shops (7622-7629). 60. Electrical contractors (1731). 61. Engineering services (8711). Supp.No.23 LDC2:63 COLLIER COUNTY LAND DEVELOPMENT CODE 2.03.03 E.1. 2.03.03 E.1. 62. Equipment rental and leasing (7359). 63. Essential services, subject to section 2.01.03. 64. Facilities support management services (8744). 65. Federal and federally-sponsored credit agencies (6111). 66. Fire protection (9224). 67 Fishing, commercial (0912-0919). 68. Food stores (groups 5411-5499). 69. Funeral services (7261). 70. Garment pressing, and agents for laundries and drycleaners (7212). 71. Gasoline service stations (5541), with services and repairs as described in section 5.05.05. 72. General merchandise stores (5331-5399). 73. Glass and glazing work (1793). 74. Glass stores (5231). 75. Golf courses, public (7992). 76. Group care facilities (category I and II, except for homeless shelters); care units, except for homeless shelters; nursing homes; assisted living facilities pursuant to § 429.02 F.S. and ch. 59A-36 F.A.C.; and continuing care retirement communities pursuant to ch. 651 F.S. and ch. 690-193 F.A.C.; all subject to LDC section 5.05.04. 77. Hardware stores (5251). 78. Health services, offices and clinics (8011-8049). 79. Health and allied services, miscellaneous (8092-8099). 80. Heating and air-conditioning contractors (1711). 81. Heavy construction equipment rental and leasing (7353). 82. Home furniture and furnishings stores (5712-5719). 83. Home health care services (8082). 84. Hospitals (8062-8069). 85. Hotels and motels (7011, 7021 and 7041) when located within an activity center. Supp.No.23 LDC2:64 ZONING DISTRICTS AND USES 2.03.03 E.1. 2.03.03 E.1. 86. Household appliance stores (5722). 87. Installation or erection of building equipment contractors (1796). 88. Insurance carriers, agents and brokers (6311-6399, 6411). 89. Labor unions (8631). 90. Landscape architects, consulting and planning (0781). 91. Laundries and drycleaning, coin operated-self service (7215). 92. Laundries, family and commercial (7211). 93. Laundry and garment services, miscellaneous (7219). 94. Legal counsel and prosecution (9222). 95. Legal services (8111). 96. Libraries (8231). 97. Loan brokers (6163). 98. Local and suburban transit(4111). 99. Local passenger transportation (4119). 100. Lumber and other building materials dealers (5211). 101. Management services (8741, 8742). 102. Marinas (4493 and 4499 - except canal operation, cargo salvaging, ship dismantling, lighterage, marine salvaging, marine wrecking, and steamship leasing), subject to section 5.05.02. 103. Masonry, stonework, tile setting and plastering contractors (1741-1743). 104. Medical and dental laboratories (8071 and 8072). 105. Medical equipment rental and leasing (7352). 106. Membership organizations, miscellaneous (8699). 107. Membership sports and recreation clubs, indoor(7997). 108. Mobile home dealers (5271). 109. Mortgage bankers and loan correspondents (6162). 110. Motion picture theaters (7832). 111. Motor freight transportation and warehousing (4225, mini- and self-storage warehousing only). Supp.No.15 LDC2:65 COLLIER COUNTY LAND DEVELOPMENT CODE 2.03.03 E.1. 2.03.03 E.1. 112. Motor vehicle dealers, new and used (5511, 5521). 113. Motorcycle dealers (5571). 114. Museums and art galleries (8412). 115. Musical instrument stores (5736). 116. Newspapers: Publishing, or publishing and printing (2711). 117. News syndicates (7383). 118. Nursing and professional care facilities (8051-8059). 119. Outdoor advertising services (7312). 120. Outdoor storage yards, provided that the yard is located no closer than twenty-five (25) feet to any public street and that such yard shall be com- pletely enclosed,except for necessary ingress and egress,pursuant to section 4.02.12. This provision shall not be construed to allow, as permitted or accessory use,wrecking yards,junkyards,or yards used in whole or part for scrap or salvage operations or for processing,storage,display,or sales of any scrap, salvage, or secondhand building materials,junk automotive vehicles, or secondhand automotive vehicle parts. 121. Paint stores (5231). 122. Painting and paper hanging (1721). 123. Passenger car leasing (7515). 124. Passenger car rental (7514). 125. Passenger transportation arrangement (4729). 126. Periodicals: Publishing or publishing and printing (2721). 127. Personal credit institutions (6141). 128. Personal services, miscellaneous (7299). 129. Personnel supply services (7361 and 7363). 130. Photocopying and duplicating services (7334). 131. Photofinishing laboratories (7384). 132. Photographic studios, portrait(7221). 133. Physical fitness facilities (7991). 134. Plumbing contractors (1711). 135. Police protection (9221). Supp.No.15 LDC2:66 ZONING DISTRICTS AND USES 2.03.03 E.1. 2.03.03 E.1. 136. Political organizations (8651). 137 Professional membership organizations (8621). 138. Professional sports clubs and promoters, indoor (7941). 139. Public administration (groups 9111-9199, 9229, 9311, 9411-9451, 9511- 9532, 9611-9661). 140. Public or private parks and playgrounds. 141. Public order and safety (9229). 142. Public relations services (8743). 143. Radio, television and consumer electronics stores (5731). 144. Radio, television and publishers advertising representatives (7313). 145. Radio and television broadcasting stations (4832 and 4833). 146. Real Estate (6512, 6531-6552). 147 Record and prerecorded tape stores (5735). 148. Recreational vehicle dealers (5561). �.- 149. Religious organizations (8661). 150. Repair shops and services, not elsewhere classified (7699). 151. Research, development and testing services (8731-8734). 152. Retail - miscellaneous (5921-5963, 5992-5999). 153. Retail nurseries, lawn and garden supply stores (5261). 154. Reupholstery and furniture repair (7641). 155. Roofing, siding and sheet metal work contractors (1761). 156. Secretarial and court reporting services (7338). 157 Security and commodity brokers, dealer, exchanges and services (6211- 6289). 158. Security systems services (7382). 159. Shoe repair shops and shoeshine parlors (7251). 160. Social services, individual and family(8322-8399,except homeless shelters and soup kitchens). 161. Special trade contractors, not elsewhere classified (1799). Supp.No.22 LDC2:67 COLLIER COUNTY LAND DEVELOPMENT CODE 2.03.03 E.1. 2.03.03 E.1. 162. Structural steel erection contractors (1791). 163. Surveying services (8713). 164. Tax return preparation services (7291). 165. Taxicabs (4121). 166. Telegraph and other message communications (4822) including communica- tions towers up to specified height, subject to LDC section 5.05.09. 167 Telephone communications (4812 and 4813) including communications towers up to specified height, subject to LDC section 5.05.09. 168. Theatrical producers and miscellaneous theatrical services, indoor (7922- 7929, including bands, orchestras and entertainers; except motion picture). 169. Tour operators (4725). 170. Travel agencies (4724). 171. Truck rental and leasing, without drivers (7513). 172. United State Postal Service (4311, except major distribution center). 173. Utility trailer and recreational vehicle rental (7519). 174. Veterinary services (0741 and 0742, excluding outside kenneling). 175. Videotape rental (7841). 176. Vocational schools (8243-8299). 177 Wallpaper stores (5231). 178. Watch, clock and jewelry repair (7631). 179. Water well drilling (1781). 180. Welding repair (7692). 181. Any use which was permissible under the prior General Retail Commercial (GRC)zoning district, as identified by Zoning Ordinance adopted October 8, 1974, and which was lawfully existing prior to the adoption of this Code. 182. Any other commercial use or professional services which is comparable in nature with the foregoing uses including those that exclusively serve the administrative as opposed to the operational functions of a business and are purely associated with activities conducted in an office. 183. Any other heavy commercial use which is comparable in nature with the list of permitted uses and consistent with the purpose and intent statement of the district, as determined by the Hearing Examiner or CCPC, pursuant to LDC section 10.02.06 K. Supp.No.22 LDC2:68 ZONING DISTRICTS AND USES 2.03.03 E.1. 2.03.03 E.1. b. Accessory Uses. 1. Uses and structures that are accessory and incidental to the uses permitted as of right in the C-5 district. 2. Detached caretaker's residence, subject to section 5.03.05. 3. Temporary display of merchandise during business hours, provided it does not adversely affect pedestrian or vehicular traffic or public health or safety. Merchandise storage and display is prohibited within any front yard; allowed within the side and rear yards of lots. c. Conditional uses. The following uses are permissible as conditional uses in the heavy commercial district(C-5), subject to the standards and procedures established in LDC section 10.08.00. 1. Animal specialty services, except veterinary(0752,with outdoor kenneling). 2. Amusement and recreation services, outdoor (7948, 7992, 7996, 7999). 3. Bottle clubs. (All establishments engaged in the retail sale of alcoholic beverages for on-premise consumption are subject to the locational require- ments of section 5.05.01.) 4. Child day care services (8351), provided: i. All areas and surfaces readily accessible to children shall be free of toxic substances and hazardous materials. This shall include all adjacent and abutting properties lying within 500 feet of the child care center's nearest property line. a) For purposes of this subsection, the following definitions shall apply: i) Hazardous materials.A material that has any of the following properties: ignitable, corrosive, reactive and/or toxic. ii) Toxic substances. A substance which is, or is suspected to be,carcinogenic,mutagenic,teratogenic, or toxic to human beings. ii. It shall not be located within 500 feet of the nearest property line of land uses encompassing wholesale storage of gasoline, liquefied petroleum, gas, oil, or other flammable liquids or gases. iii. It shall not be located on the same street customarily utilized by construction truck traffic from asphalt plants and excavation quarries. iv. It shall have a minimum lot area of 20,000 square feet and a minimum lot width of 100 feet. Supp.No.22 LDC2:69 COLLIER COUNTY LAND DEVELOPMENT CODE 2.03.03 E.1. 2.03.03 E.1. v. It shall provide a minimum usable open space of not less than thirty (30) percent of the total square footage of the lot area. vi. It shall provide that all open spaces to be used by children will be bounded by a fence of not less than five (5) feet in height, to be constructed of wood, masonry or other approved material. vii. It shall provide a landscape buffer in accordance with section 4.06.00. viii. It shall comply with the State of Florida Department of Health and Rehabilitative Services Child Day Care Standards, Florida Administra- tive Code. ix. Where a child care center is proposed in conjunction with, and on the same parcel as, a facility which is a permitted use, the requirements set forth in subparagraphs i through viii above,with the exceptions of subsections iv. and v., shall be used to provide the protections to children using the child care center intended by this section consistent with the development of the proposed permitted use. 5. Communications (4812-4841) with communications towers that exceed specified height, subject to section 5.05.09. 6. Farm product raw materials (5153-5159). 7 Fuel dealers (5983-5989). 8. Homeless shelters. 9. Hotels and motels(7011,7021,7041 when located outside an activity center.) 10. Correctional institutions (group 9223). 11. Kiosks. 12. Local and suburban passenger transportation (4131-4173). 13. Motion picture theaters, drive-in (7833). 14. Permitted uses with less than 700 square feet of gross floor area in the principal structure. 15. Soup kitchens. 16. Transfer stations (4212, local refuse collection and transportation only). 17 Packing Services (4783). 18. Veterinary services (0741 & 0742, with outdoor kenneling). Supp.No.22 LDC2:70 ZONING DISTRICTS AND USES 2.03.03 F. 2.03.03 F.2. F. Travel Trailer-Recreational Vehicle Campground District (TTRVC). 1. Purpose and intent.The provisions of this district are intended to apply to trailer lots for travel trailers, park model travel trailers and recreational vehicles, not exceeding 500 square feet in gross floor area.Such trailer lots are intended to accommodate travel trailers, model travel trailers, pickup coaches, motor homes, and other vehicular accommodations which are suitable for temporary habitation, used for travel, vacation, and recreational purposes. Campsites are intended to accommodate temporary residency while camping, vacationing or recreating, TTRVC vehicles may be permanently located on a lot; however, no person or persons may occupy said vehicles as permanent places of residence. 2. The following uses are permissible by right, or as accessory or conditional uses within the travel trailer-recreational vehicle campground district (TTRVC). a. Permitted uses. 1. Travel trailers, park model travel trailers, pickup coaches, motor homes and other recreational vehicles. b. Accessory Uses. 1. Uses and structures that are accessory and incidental to the uses permitted as of right in the TTRVC district. 2. One single-family dwelling (not a TTRVC unit) in conjunction with the operation of the TTRVC park. 3. Accessory uses and structures customarily associated with travel trailer recreational vehicle parks, including recreation facilities (both indoor and outdoor), administration buildings, service buildings including bathrooms, laundries and similar services for residents of the park, and utilities. 4. Accessory uses and structures customarily associated with travel trailer recreational vehicle lots, including: i. Enclosed utility/storage area of the same siding material and architectural style as that of the associated recreational vehicles, not to exceed an area of sixty (60) square feet. Any utility/storage area shall be located adjacent to its associated recreational vehicle and made a continuous part of a screened-in porch where such a porch is attached to the vehicle as herein provided. Where utility/ storage areas are made a continuous part of a screened-in porch, the area of the utility/storage area may not exceed 25 percent of the area of the screened-in porch or 120 square feet, whichever lesser. The County Manager or designee may administratively approve an exception to accessory structure size limitation where such excep- tion is necessary to allow for accessibility, in accordance with the specifications set forth in Section 4 of the Americans with Disabilities Act (ADA), to accommodate a physically handicapped individual. Supp.No.22 LDC2:71 COLLIER COUNTY LAND DEVELOPMENT CODE 2.03.03 F.2. 2.03.03 F.2. ii. For recreational vehicles fixed by a permanent anchoring system,a screened-in porch elevated or at ground level with a solid roof structure,architecturally compatible with its associated recreational vehicle, not to exceed an area equal to the area of the recreational vehicle to which it is attached. Said screened-in porch shall provide for any site utility/storage space requirements as herein provided and shall not contain any other interior walls.All such screened enclosures must be permitted and constructed according to this Code and applicable building codes. Exterior walls may be enclosed with screen, glass or vinyl windows, except that the storage area shall be enclosed with the same material as the principal unit. 5. Campgrounds containing 100 spaces or more shall be permitted a convenience commercial facility no greater than 15,000 square feet in total land area.This facility shall provide for the exclusive sale of convenience items to park patrons only, and shall present no visible evidence of their commercial character, including signage and lighting, from any public or private street or right-of-way external to the park. c. Conditional uses. The following uses are permissible as conditional uses in the travel trailer recreational vehicle campground district (TTRVC), subject to the standards and procedures established in LDC section 10.08.00: Camping cabins subject to the following standards: ..._ i. One camping cabin per approved TTRVC lot. ii. The maximum number of camping cabin lots in any one TTRVC park shall be ten percent of the total number of approved TTRVC lots, not to exceed a total number of twenty (20) camping cabin lots. iii. Maximum floor area of 220 square feet. iv. No internal water or cooking facilities. v. Camping cabins may not be designed as a permanent residence, however, tie-downs or other safety devices may be used in order to provide security against high winds. vi. Camping cabins must be constructed of natural wood materials such as logs, redwood, cedar, or cypress in order that it may blend harmoniously into the natural landscape character normally found in a TTRVC or campground setting. vii. The general development standards required for the TTRVC park shall be applicable to the camping cabin lots. viii. All materials and construction must be in accordance with the Collier County Land Development Code (LDC) and the requirements of the Florida Building Code (FBC). Supp.No.22 LDC2:72 ZONING DISTRICTS AND USES 2.03.03 F.2. 2.03.03 F.B. ix. At least one room of the camping cabin must have a minimum of 150 square feet of floor area. x. If camping cabins are to be located in a flood hazard zone as delineated on the most recent flood insurance rate maps, all requirements of Section 3.02.00 of this LDC must be met. xi. A party shall be allowed a maximum length of stay of two (2) weeks in a camping cabin. 3. Plan approval requirements. Layout plans for a TTRVC park shall be submitted to the County Manager or designee and construction shall be in accordance with approved plans and specifications and further subject to the provisions of site development plans in section 10.02.03.Such plans shall meet the requirements of this district and shall show, at a minimum, those items identified herein. 4. Required internal park street system. All lots/spaces within a TTRVC park shall have direct access from an internal street.All internal streets within the district shall provide safe and convenient access to a public street. The right-of-way widths, paving widths, and other construction standards, including gradient and alignment of all internal streets and drainage shall be subject to the standards for development of supporting infrastructure as provided for in the subdivision regulations, in Chapter 4. For the purpose of this subsection, internal streets shall refer to streets, including necessary right-of-way or easement, located within the confines of the project legal description and providing no access to other land parcels. 5. Required facilities for campsites and TTRV lots. a. Sanitary facilities, including flush toilets,and showers within 300 feet walking distance from every campsite lot and as approved by the Collier County Health Department, or in the event of a private on-site system connection to a county system subject to county ordinances. Lighting shall be provided in sanitary facilities at all times and the facilities shall be accessible to park residents at all times. b. Potable water supply as approved by the Collier County Health Department and/or the director of development services pursuant to Chapter 10. c. A trash container such as a dumpster shall be located in areas easily accessible and not obstructed by campsites, lots or other TTRVC lots or parking areas. d. An enclosed space shall be open at all times wherein a portable fire extinguisher in operable condition and first aid equipment is available for public use. e. One parking space per campsite or TTRV lot. 6. Sanitary waste disposal. Unless every travel trailer site has a sanitary waste outlet, a central pump-out station shall be provided. 7. Off-street parking. As required in section 4.05.00. 8. Permanent location of TTRV vehicles.TTRV vehicles including park model,travel trailers, may be permanently located on a lot; however, no permanent residency is allowed. Supp.No.23 LDC2:73 COLLIER COUNTY LAND DEVELOPMENT CODE 2.03.03 F.9. 2.03.04 A. 9. Compliance. Where travel trailer/park model lots are being sold to individuals, the developer/ owner of the lots shall include in the title transfer document a covenant attesting to the fact that the lot cannot be used as a place of permanent occupancy. All TTRVC parks which commenced construction after the effective date of this district shall comply with all requirements of this district except as further provided herein.No TTRVC park in existence on the effective date of this district shall be altered so as to provide a lesser degree of conformity with the provisions of this district than existed on the effective date of this district.Land already zoned TTRVC which does not meet the acreage requirements may be developed; however, the development shall conform with all other regulations of this district. Every proprietor, manager, homeowners' association, or condominium association of a TTRV park shall maintain a register of tenants or occupants, noting the duration of the rental arrangement or length of occupancy for owner-occupied sites with respect to one or more travel trailers or park models. Said register shall be made available upon demand to the County Manager or designee. In the event of owner-occupied lots within the TTRVC district, said owner is responsible for registering their arrival and departure from their recreation residence with the manager of the TTRVC park. Failure to register will hold the owner responsible for penalties as provided herein. Failure of park owner/manager to provide said register, duly describing the persons who have occupied a travel trailer or park model trailer, and the duration of their occupancy, shall be guilty of a misdemeanor and subject to the penalties provided by this Code.Any proprietor or manager who maintains a falsified register to allow persons to occupy a travel trailer or park model trailer on a permanent basis shall be similarly guilty of a misdemeanor and subject to penalties as provided in this Code. 10. Flood program requirements. All travel trailers, park model travel trailers, recreational vehicles and accessory structures shall comply with the current Collier County Flood Damage Prevention Ordinance [Code ch.62, art. II] if permanently attached to the ground or utility facilities. 11. Anchoring/sewer,water and electrical connections. Park model travel trailers,when positioned on a lot in this district, must be anchored in accordance with the standards set forth in the MH district and TTRVC district and other applicable regulations, and be connected to a public or private water and sewer system.Additionally, such units must obtain electrical service directly from the electric utility authorized to provide such service in Collier County. 12. Building permit. A building permit shall be required for any permitted use prior to water, sewer or electric connection. 13. Signs. As required in section 5.06.00. (Ord.No.08-11, §3.F;Ord.No. 10-23, §3.F;Ord.No.14-33, §3.B;Ord.No. 16-27, §3.D;Ord.No. 18-18, §3.B; Ord. No. 20-44, § 3.B; Ord. No.21-05, § 3.D) 2.03.04 Industrial Zoning Districts A. Industrial District (I). The purpose and intent of the industrial district (I) is to provide lands for manufacturing, processing, storage and warehousing, wholesaling, and distribution. Service and commercial activities that are related to manufacturing, processing, storage and warehousing, wholesaling, and distribution activities, as well as commercial uses relating to automotive repair and heavy equipment sales and repair are also permissible in the I district.The I district corresponds to and implements the industrial land use designation on the future land use map of the Collier County GMP. Supp.No.23 LDC2:74 ZONING DISTRICTS AND USES 2.03.04 A.1. 2.03.04 A.1. 1. The following uses, as identified within the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section, are permitted as a right, or as accessory or conditional uses within the industrial district (I). a. Permitted uses. 1. Agricultural services (0711, except that chemical treatment of soil for crops, fertilizer application for crops and lime spreading for crops shall be a minimum of 500 feet from a residential zoning district,0721,except that aerial dusting and spraying, disease control for crops, spraying crops, dusting crops, and insect control for crops, with or without fertilizing, shall be a minimum of 500 feet from a residential zoning district. 0722-0724, 0761, 0782, 0783). 2. Apparel and other finished products (2311-2399). 3. Ancillary plants. 4. Automotive repair, service, and parking (7513-7549). 5. Barber shops (7241). 6. Beauty shops or salons (7231). 7 Building construction (1521-1542). 8. Business services (7312, 7313, 7319, 7334-7336, 7342-7389, including auction rooms (5999), subject to parking and landscaping for retail use). 9. Communications(4812-4899 including communications towers up to speci- fied heights, subject to section 5.05.09.). 10. Construction-Special trade contractors (1711-1799). 11. Crematories (7261). 12. Depository and non-depository institutions (6011-6163). 13. Eating places (5812). 14. Electronic and other electrical equipment (3612-3699). 15. Engineering,accounting, research,management and related services(8711- 8748). 16. Essential services, subject to section 2.01.03. 17 Fabricated metal products (3411-3479, 3491-3499). 18. Food and kindred products (2011-2099, except slaughtering plants). 19. Furniture and fixtures (2511-2599). 20. General aviation airport. Supp.No.22 LDC2:75 COLLIER COUNTY LAND DEVELOPMENT CODE 2.03.04 A.1. 2.03.04 A.1. 21. Gunsmith shops (7699). 22. Heavy construction (1611-1629). 23. Health services (8011 accessory to industrial activities conducted on-site only). 24. Industrial and commercial machinery and computer equipment (3511- 3599). 25. Insurance agents, brokers, and service, including Title insurance (6361 and 6411). 26. Laundry, cleaning, and garment services (7211-7219). 27. Leather and leather products (3131-3199). 28. Local and suburban transit (4111-4173). 29. Lumber and wood products (2426, 2431-2499). 30. Measuring, analyzing, and controlling instruments; photographic, medical and optical goods; watches and clocks (3812-3873). 31. Membership organizations (8611, 8631). 32. Miscellaneous manufacturing industries (3911-3999). 33. Miscellaneous repair services (7622-7699) with no associated retail sales. 34. Miscellaneous services (8999). 35. Motor freight transportation and warehousing (4212, 4213-4225, 4226 except oil and gas storage, and petroleum and chemical bulk stations). 36. Outdoor storage yards pursuant to the requirements of section 4.02.12. 37. Paper and allied products (2621-2679). 38. Perfumes, cosmetics, and other toilet preparations (2844). 39. Physical fitness facilities (7911 except Discotheques, 7991, 7999 - limited to baseball instruction, basketball instruction, gymnastics instruction, martial arts instruction,yoga instruction, gymnastic schools, and recreation involving physical fitness exercise only). 40. Printing, publishing and allied industries (2711-2796). 41. Railroad transportation (4011, 4013). 42. Real estate brokers and appraisers (6531). 43. Rubber and miscellaneous plastics products (3021, 3052, 3053). Supp.No.22 LDC2:76 ZONING DISTRICTS AND USES 2.03.04 A.1. 2.03.04 A.1. 44. Shooting range, indoor (7999). 45. Soap: granulated, liquid, cake, flake, and chip (2841). 46. Stone, clay, glass, and concrete products (3221, 3231, 3251, 3253, 3255- 3273, 3275, 3281). 4Z Textile mill products (2211-2221, 2241-2259, 2273-2289, 2297, 2298). 48. Title abstract offices (6541). 49. Transportation equipment(3714, 3716, 3731, 3732, 3751, 3761, 3764, 3769, 3792, 3799). 50. Transportation by air (4512-4581). 51. Transportation services (4724-4783, 4789 except stockyards). 52. United States Postal Services (4311). 53. Vocational schools (8243-8249). 54. Welding repair (7692). 55. Wholesale trade—Durable goods (5012-5014, 5021-5049, 5063-5092, 5094-5099). 56. Wholesale trade—nondurable goods (5111-5159, 5181, 5182, 5191 except that wholesale distribution of chemicals,fertilizers, insecticides,and pesticides must be a minimum of 500 feet from a residential zoning district (5192- 5199). 57. Existing retail uses that were in operation on January 1, 2009, in the Industrial zoning district and which have been continuously and conspicu- ously operating in the Industrial zoning district as of June 8, 2010, without limitation as to square footage of the retail use. These existing retail businesses shall be treated as legal non-conforming uses in accordance with the LDC, provided however that in the event of destruction or damage due to natural disaster, the structures housing such uses may be rebuilt to their pre-disaster condition. b. Accessory uses. 1. Uses and structures that are accessory and incidental to uses permitted as of right in the I district. 2. Caretaker's residence, subject to section 5.03.05. 3. Retail sales and/or display areas as accessory to the principal use, excluding automotive sales and/or display areas, not to exceed an area greater than 20 percent of the gross floor area of the permitted principal use, and subject to retail standards for landscaping, parking and open space. Supp.No.22 LDC2:77 COLLIER COUNTY LAND DEVELOPMENT CODE 2.03.04 A.1. 2.03.04 A.1. 4. Recreational vehicle campground and ancillary support facilities when in conjunction with temporary special events such as air shows and the like - applicable to the Immokalee Regional Airport only, and subject to the provisions of section 5.05.10.C.1. - C.6. of this Code. Recreational vehicles, tents, and other structures and facilities allowed in the campground for temporary habitation, shall be allowed for no more than seventy-two (72) consecutive hours. 5. Recreational vehicle campground and ancillary support facilities when in conjunction with vehicle racing - applicable to the Immokalee Regional Airport only, and subject to the provisions of section 5.05.10.C.1.-C.6.of this Code. Recreational vehicles, tents, and other structures and facilities allowed in the campground for temporary habitation, shall be allowed for no more than seventy-two (72) consecutive hours. c. Conditional uses. The following uses are permitted as conditional uses in the industrial district (I), subject to the standards and procedures established in LDC section 10.08.00. Adult day care centers (8322). i. Shall not be located within 500 feet of the nearest property line of land uses encompassing wholesale storage of gasoline, liquefied petroleum, gas, oil, or other flammable liquids or gases. ii. Shall not be located on the same street customarily utilized by construction truck traffic from asphalt plants and excavation quarries. iii. Shall have a minimum lot area of 20,000 square feet and a minimum lot width of 100 feet. iv. Shall provide a minimum usable open space of not less than 30 percent of the total square footage of the lot area. 2. Child day care services (8351), provided: i. All areas and surfaces readily accessible to children shall be free of toxic substances and hazardous materials. This shall include all adjacent and abutting properties lying within 500 feet of the child care center's nearest property line. a) For purposes of this subsection, the following definitions shall apply: i) Hazardous materials:A material that has any of the following properties; ignitable, corrosive, reactive and/or toxic. ii) Toxic substances: A substance which is or is suspected to be,carcinogenic,mutagenic,teratogenic, or toxic to human beings. Supp.No.22 LDC2:78 ZONING DISTRICTS AND USES 2.03.04 A.1. 2.03.04 A.1. ii. It shall not be located within 500 feet of the nearest property line of land uses encompassing wholesale storage of gasoline, liquefied petroleum, gas, oil, or other flammable liquids or gases. iii. It shall not be located on the same street customarily utilized by construction truck traffic from asphalt plants and excavation quarries. iv. It shall have a minimum lot area of 20,000 square feet and a minimum lot width of 100 feet. v. It shall provide a minimum usable open space of not less than thirty (30) percent of the total square footage of the lot area. vi. It shall provide that all open spaces to be used by children will be bounded by a fence of not less than five (5) feet in height, to be constructed of wood, masonry or other approved material. vii. It shall provide a landscape buffer in accordance with section 4.06.00. viii. It shall comply with the State of Florida Department of Health and Rehabilitative Services Child Day Care Standards, Florida Administra- tive Code. ix. Where a child care center is proposed in conjunction with, and on �., the same parcel as, a facility which is a permitted use, the requirements set forth in subsections i.through—viii.above, with the exceptions of subsections iv. and v., shall be used to provide the protections to children using the child care center intended by this section consistent with the development of the proposed permitted use. 3. Chemical and allied products (2812-2899). 4. Communications (groups 4812-4899 including communications towers that exceed specified heights subject to all requirements of section 5.05.09.). 5. Electric, gas, and sanitary services (4911-4971). 6. Fabricated metal products (3482-3489). 7 Food and kindred products (2011 and 2048 including slaughtering plants for human and animal consumption). 8. Heliports/Helistops, public and private: For restrictions and conditions see section 5.05.14 Heliports and Helistops. 9. Leather tanning and finishing (3111). /O. Lumber and wood products (2411, 2421, 2429). Supp.No.22 LDC2:79 COLLIER COUNTY LAND DEVELOPMENT CODE 2.03.04 A.1. 2.03.04 B.1. 11. Motor freight transportation and warehousing(4226, oil and gas storage, and petroleum and chemical bulk stations, but not located within 500 feet of a residential zoning district). 12. Oil and gas extraction (1321, 1382). 13. Paper and allied products (2611). 14. Petroleum refining and related industries (2911-2999). 15. Primary metals industries (3312-3399). 16. Refuse systems (4953). 17 Rubber and miscellaneous plastics products (3061-3089). 18. Stone, clay, glass, and concrete products (3211, 3229, 3241, 3274, 3291- 3299). 19. Textile mill products (2231, 2261-2269, 2295, 2296). 20. Transportation by air (4581 airport flying fields). 21. Transportation services (4789 stockyards). 22. Vehicle racing - applicable to the lmmokalee Regional Airport only. 23. Wholesale trade-durable goods (5015, 5051, 5052, 5093).Wholesale trade- nondurable goods (5162, 5169, 5171, 5172, 5191). 24. Homeless shelters. 25. Soup kitchens. B. Business Park District (BP).The purpose and intent of the business park district (BP) is to provide a mix of industrial uses, corporate headquarters offices and business/professional offices which complement each other and provide convenience services for the employees within the district;and to attract businesses that create high value added jobs. It is intended that the BP district be designed in an attractive park-like environment, with low structural density and large landscaped areas for both the functional use of buffering and enjoyment by the employees of the BP district.The BP district is permitted by the urban mixed use, urban commercial, and urban-industrial districts of the future land use element of the Collier County GMP. 1. The following uses, as identified within the latest edition of the Standard Industrial Classification Manual, or as otherwise provided for within this section, are permitted as of right, or as uses accessory to permitted primary or secondary uses, or are conditional uses within the business park district. a. Permitted primary uses. One hundred percent of the total business park district acreage is allowed to be developed with the following uses: Aircraft and parts (3721-3728). Supp.No.22 LDC2:80 ZONING DISTRICTS AND USES 2.03.04 B.1. 2.03.04 B.1. 2. Apparel and other finished products (2311-2399). 3. Business services (7311). 4. Communications (4812-4899 including communication towers limited in height to 100 feet and subject to section 5.05.09.). 5. Construction: Special trade contractors (1711-1799). 6. Depository and non-depository institutions (6011, 6019, 6081, 6082). 7. Drugs and medicines (2833-2836). 8. Eating places (5812 not including fast foods,walk-up windows and drive-thru restaurants). 9. Educational services (8221-8299). 10. Electronic and other electrical equipment manufacturing (3612-3699). 11. Engineering,accounting, research,management and related services(8711- 8748). 12. Food manufacturing (2034, 2038, 2053, 2064, 2066, 2068, 2096, 2098, 2099). 13. Furniture and fixtures manufacturing (2511-2599). 14. Government offices/buildings (9111-9222, 9224-9229, 9311, 9411-9451, 9511-9532, 9611-9661). 15. Health services (8011-8049). 16. Industrial and commercial machinery and computer equipment (3511- 3599). 17. Industrial inorganic chemicals (2812-2819). 18. Job training and vocational rehabilitation services (8331). 19. Leather and leather products (3131-3199). 20. Measuring, analyzing, and controlling instruments; photographic, medical and optical goods; watches and clocks manufacturing (3812-3873). 21. Medical laboratories and research and rehabilitative centers (8071, 8072, 8092, 8093). 22. Miscellaneous manufacturing industries (3911-3999). 23. Motion picture production (7812-7819). Supp.No.22 LDC2:81 COLLIER COUNTY LAND DEVELOPMENT CODE 2.03.04 B.1. 2.03.04 B.1. 24. Motor freight transportation and warehousing (4225 mini- and self- storage warehousing only and subject to the following criteria: The use of metal roll-up garage doors located on the exterior of the perimeter buildings and walls of buildings which are visible from a public right-of-way is prohibited; and ii. Access to individual units whether direct or indirect must be from the side of a building that is oriented internally; iii. No building shall exceed 100 feet in length when adjacent to a residential zoning district; iv. No outdoor storage of any kind is permitted; and v. Storage units shall be utilized for storage purposes only. 25. Paper and allied products (2621-2679). 26. Plastic materials and synthetics (2821, 2834). 27 Printing, publishing and allied industries (2711-2796). 28. Rubber and miscellaneous plastics products (3021, 3052, 3053). 29. Security/commodity brokers (6211); 30. Transportation equipment (3714, 3716, 3731, 3732, 3751, 3792, 3799). 31. United States Postal services (4311). 32. Wholesale trade durable goods (5021, 5031, 5043-5049, 5063-5078, 5091, 5092, 5094-5099). 33. Wholesale trade nondurable goods (5111-5159, 5181, 5182, 5191 except that wholesale distribution of chemicals,fertilizers, insecticides,and pesticides shall be a minimum of 500 feet from a residential zoning district (5192- 5199). 34. Any other use which is comparable in nature with the list of permitted uses and consistent with the purpose and intent statement of the district, as determined by the Hearing Examiner or CCPC, pursuant to LDC section 10.02.06 K. b. Permitted secondary uses accessory to the business park district. Development is limited to a maximum of 30 percent of the total acreage of the business park district for the following uses: 1. Business services (7312, 7313,7319, 7331, 7334-7336, 7342, 7349, 7352, 7361, 7363, 7371-7384, 7389). 2. Child day care services (8351). Supp.No.22 LDC2:82 ZONING DISTRICTS AND USES 2.03.04 B.1. 2.03.04 B.1. 3. Depository and non-depository institutions(6021-6062, 6091,6099,6111- 6163). 4. Drug stores (5912, limited to drug stores and pharmacies)in conjunction with health services group and medical laboratories/research/rehabilitative groups. 5. Hotels (7011 hotels only). Maximum density 26 units per acre when located within activity centers and 16 units per acre when located outside activity centers.The maximum floor area ratio for hotels shall not exceed a factor of 0.60. 6. Membership organizations (8611); business associations (8621); profes- sional organizations (8631); labor unions and similar labor organizations. 7. Personal services (7215-7231, 7241). 8. Physical fitness facilities and bowling centers (7991, 7933). 9. Professional offices; insurance agencies (6411); insurance carriers (6311- 6399); real estate (6531, 6541, 6552, 6553); holding and other investment offices (6712-6799); attorneys (8111). 10. Travel agencies (4724). c. Accessory uses to permitted primary and secondary uses: 1. Uses and structures that are accessory and incidental to uses permitted as of right in the BP district. 2. Caretaker's residence, subject to section 5.03.05. 3. Retail sales and/or display areas as accessory to the principal use, not to exceed an area greater than 20 percent of the gross floor area of the permitted principal use and subject to retail standards for landscaping, parking and open space. 4. Recreational vehicle campground and ancillary support facilities when in conjunction with temporary special events such as air shows and the like - applicable to the Immokalee Regional Airport only, and subject to the provisions of section 5.05.10.C.1. - C.6. of this Code. Recreational vehicles, tents, and other structures and facilities allowed in the campground for temporary habitation, shall be allowed for no more than seventy-two consecutive hours. 5. Recreational vehicle campground and ancillary support facilities when in conjunction with vehicle racing - applicable to the Immokalee Regional Airport only, and subject to the provisions of section 5.05.10.C.1.-C.6.of this Code. Recreational vehicles, tents, and other structures and facilities allowed in the campground for temporary habitation, shall be allowed for no more than seventy-two consecutive hours. Supp.No.22 LDC2:83 COLLIER COUNTY LAND DEVELOPMENT CODE 2.03.04 B.1. 2.03.05 A.4. d. Conditional uses: 1. Ancillary plants. 2. Vehicle racing - applicable to the Immokalee Regional Airport only. (Ord.No.08-11,§3.G;Ord.No.08-63,§3.D;Ord.No.10-23,§3.G;Ord.No.14-33,§3.C;Ord.No.18-18,§3.C; Ord. No. 20-44, § 3.C) 2.03.05 Civic and Institutional Zoning Districts A. Public Use District(P).The purpose and intent of public use district(P) is to accommodate only local, state and federally owned or leased and operated government facilities that provide essential public services.The P district is intended to facilitate the coordination of urban services and land uses while minimizing the potential disruption of the uses of nearby properties. 1. Any public facilities that lawfully existed prior to the effective date of this Code and that are not zoned for public use district (P) are determined to be conforming with these zoning regulations. 2. Any future expansion of these public facilities on lands previously reserved for their use shall be required to meet the regulations in effect for the zoning district in which the public facility is located. 3. Government-owned properties rented or leased to nongovernmental entities for purposes not related to providing governmental services or support functions to a primary civic or public institutional use shall not be zoned for the public use district (P), but rather, shall be zoned or rezoned according to the use types or the use characteristics which predominate. 4. The following uses are permitted as of right, or as accessory or conditional uses, in the public use district (P). a. Permitted uses. 1. Administrative service facilities. 2. Child care, not for profit. 3. Collection and transfer sites for resource recovery. 4. Communication towers. 5. Education facilities. 6. Educational plants. 7 Essential public service facilities. 8. Fairgrounds. 9. Libraries. 10. Museums. Supp.No.22 LDC2:84 ZONING DISTRICTS AND USES 2.03.05 A.4. 2.03.05 A.4. 11. Park and recreational service facilities. 12. Parking facilities. 13. Safety service facilities. 14. Any other public structures and uses which are comparable in nature with the list of permitted uses,and consistent with the purpose and intent statement of the district, as determined by the Hearing Examiner or CCPC, pursuant to LDC section 10.02.06 K. b. Accessory uses. 1. Accessory uses and structures customarily associated with the principal permitted uses. 2. Residential and commercial uses of an accessory nature which are incidental and customarily associated with support of a primary public use of the site for public purpose and which are consistent with the growth management plan. 3. Temporary use of the site for public purpose in accordance with section 5.04.00. 4. Accessory uses which are provided by concessionaires under agreement with the county for the provision of the service. 5. Any other public uses which are comparable in nature with the foregoing uses. 6. Earthmining, provided the use of the excavated materials is utilized for governmental projects. c. Conditional uses. The following uses are permissible as conditional uses in the public use district (P), subject to the standards and procedures established in LDC section 10.08.00: 1. Airports and parking facilities. 2. Ancillary plants. 3. Animal control. 4. Detention facilities and jails. 5. Detoxification facilities. 6. Electric or gas generating plants. 7. Incinerators. 8. Major maintenance and service facilities. 9. Mental health and rehabilitative facilities, not for profit. Supp.No.23 LDC2:85 COLLIER COUNTY LAND DEVELOPMENT CODE 2.03.05 A.4. 2.03.05 B.1. 10. Resource recovery plants. 11. Rifle and pistol range for law enforcement training. 12. Sanitary landfills. 13. Earthmining. B. Community Facility District (CF).The purpose and intent of (CF) district is to implement the GMP by permitting nonresidential land uses as generally identified in the urban designation of the future land use element. These uses can be characterized as public facilities, institutional uses, open space uses, recreational uses, water-related or dependent uses, and other such uses generally serving the community at large.The dimensional standards are intended to insure compatibility with existing or future nearby residential development.The CF district is limited to properties within the urban mixed use land use designation as identified on the future land use map. 1. The following uses are permitted as of right, or as accessory or conditional uses, in the community facility district (CF). a. Permitted uses. 1. Child care centers. 2. Churches. 3. Civic and cultural facilities. 4. Museums. 5. Nursing homes, assisted living facilities (ALF) pursuant to § 429.02 F.S. and ch. 59A-36 F.A.C., family care facilities, group care facilities (category I) and continuing care retirement communities pursuant to ch. 651 F.S. and ch. 690-193 F.A.C.; all subject to LDC section 5.05.04. 6. Parks and playgrounds, noncommercial recreation facilities, open space uses. 7 Schools, private and parochial schools.This includes Educational Plants for public schools. 8. Social and fraternal organizations. 9. Educational services (groups 8211-8231). b. Accessory uses. Accessory uses and structures that are accessory and incidental to the uses permitted as of right in the CF district. c. Conditional uses. The following uses are permitted as conditional uses in the community facility district (CF), subject to the standards and procedures established in LDC section 10.08.00: 1. Ancillary plants. Supp.No.23 LDC2:86 ZONING DISTRICTS AND USES 2.03.05 B.1. 2.03.06 B.4. 2. Archery ranges. 3. Cemeteries. 4. Community centers. 5. Golf driving ranges. 6. Group care facility (category II, care unit), subject to section 5.05.04. 7 Marinas, boat ramps, subject to section 5.03.06 and the applicable review criteria set forth in section 5.05.02. 8. Private clubs, yacht clubs. 9. Public swimming pools. 10. Tennis facilities. (Ord.No.04-72, §3.D;Ord.No.05-27, §3.C;Ord.No.08-11, §3.H;Ord.No.20-16, §3.B;Ord.No.20-44, §3.D; Ord. No. 21-05, § 3.E) 2.03.06 Planned Unit Development Districts A. Purpose and intent. The purpose and intent of establishing the planned unit development district (PUD) is to provide procedures and standards to encourage mixed use planned developments that may be situated at appropriate locations,or planned developments that may or may not be mixed use in the urban fringe areas, all in accordance with the planning and development objectives of the county under the LDC and the GMP. It is further the purpose and intent of these PUD regulations to encourage ingenuity, innovation and imagination in the planning, design, and development or redevelopment of relatively large tracts of land under unified ownership or control. PUDs produced in compliance with the terms and provisions of this LDC and the GMP may depart from the strict application of setback, height, and minimum lot requirements of conventional zoning districts while maintaining minimum standards by which flexibility may be accomplished, and while protecting the public interest, in order to: B. The PUD process is intended to accomplish the following: 1. Provide a creative approach to improve the quality of the built environment of contiguous tracts of land which will encourage development of infill parcels of contiguous tracts of land in certain circumstances. 2. Create a more desirable environment providing for consistency and visual harmony than would be possible through strict application of the minimum requirements of this LDC. 3. Encourage patterns of land use that support economical provisions of infrastructure, resulting in smaller networks of utilities and streets with consequent lower construction and future maintenance costs. 4. Evaluate the impact of a particular PUD on the present and projected population, economy, land use pattern, tax base, street system, and public facility network(s) of the county relative to the various costs and benefits associated with such development. Supp.No.23 LDC2:86.1 COLLIER COUNTY LAND DEVELOPMENT CODE 2.03.06 B.S. 2.03.06 C.7. 5. Assure that the development employs techniques featuring amenities and excellence in the form of variations in siting, mixed land uses and/or varied dwelling types, as well as adaptation to and conservation of the topography and other natural characteristics of the land involved. Exceptions to variations in siting, mixed land uses and/or varied dwelling types may be granted on PUD infill development. C. PUD districts shall hereafter be established by amendment of the official zoning atlas according to the procedures established in LDC section 10.02.08 and the Administrative Code.The purpose and intent of establishing and identifying the following classifications is to identify a relationship between a proposed PUD and the other zoning districts within this LDC.The goal is to relate the purpose and intent of the PUD zoning district and the uses permitted within a PUD to defined zoning districts within this LDC and to establish appropriate uses and performance standards within this PUD, which are similar to those allowed by the most similar district(s).PUDs shall hereafter be defined by the following districts and shall be referenced as such within the PUD document as follows: 1. Residential planned unit development district.This district is intended to further the general purpose of a planned unit development district set forth above as it relates to residential areas.The principal use of any residential planned unit development is for human habitation in permanent and/or seasonal year-round dwelling units. The RPUD district shall be construed to include the following zoning districts: RSF-1, RSF-2, RSF-3, RSF-4, RSF-5, RSF-6, RMF-6, RMF-12, RMF-16, RT, VR, AND MH. 2. Community facilities planned unit development district. This district is intended to accom- modate public facilities, institutional uses, open space uses, recreational uses, water-related or dependent uses, and other governmental, religious and community service activities which complement and are necessary to serve other zoning districts. 3. Commercial planned unit development district.This district shall be construed to include the following districts: C-1, C-2, C-3, C-4, C-5 and TTRVC. Accessory uses which may be permitted in the commercial planned unit development district include permanent and/or seasonal human habitation in multiple-family buildings and townhouses, transient housing in hotel or motel rooms, health care facilities, and other limited institutional uses. 4. Industrial planned unit development district. This district is intended to accommodate industrial development.The principal use of any industrial planned unit development is the manufacture of goods, materials and the storage and wholesale distribution of such goods or materials. 5. Airport operations planned unit development district (AOPUD). This district is intended to accommodate and regulate those lands on which public airports and ancillary facilities are to be located. 6. Mixed use planned unit development district (MPUD). This district is intended to accom- modate a planned unit development with more than one type of PUD district. The PUD document shall define the mixture of PUD districts as set forth in this section. 7. Research and technology park planned unit development district.This district is intended to accommodate a planned unit development with a mixture of targeted industry uses - aviation/aerospace, health technology industry, information technology industry, and light, low Supp.No.23 LDC2:86.2 ZONING DISTRICTS AND USES 2.03.06 C.7. 2.03.06 C.7 environmental impact manufacturing industry and non-industrial uses, in accordance with the design requirements of section 4.07.05 of this LDC and the GMP research and technology park subdistrict. a. Type A - Research and technology park in the urban-mixed use district of the GMP. b. Type B- Research and technology park in the urban commercial district of the GMP. c. Type C - Research and technology park in the urban industrial district of the GMP. d. At a minimum, 60 percent of the total park net acreage shall be devoted to target industry uses as defined below in section 2.03.06(D) of this LDC, use regulations table. e. Non-target industries, as defined below in section 2.03.06(D) of this LDC, use regulations table, and workforce housing, shall be permitted to include up to twenty (20) percent of the total park net acreage. Supp.No.22 LDC2:86.3 COLLIER COUNTY LAND DEVELOPMENT CODE 2.03.06 D. 2.03.06 D. D. The following are permissible uses in the Research and Technology Park PUD: Identified Use Special Notes RTPPUD Or Regulation Accessory uses and structures 4.07.02 and 5.03.00 P Accounting 8721, 7521,7231,7241 NT Administrative offices P (2) Aircraft & Parts 3721-3728 T Aviation/Aerospace Industries ATM (automatic teller machine) P Automobile service station §5.05.05 NT Banks and financial establishments NT Group 16011-6062 NT Group II 6081-6173 Bar or cocktail lounge - Barber Shops 7241 NT Beauty Shops 7231 NT Boats: 5.03.06 NT Boat ramps and dockage (not marinas) -NT Boat rental Boat repair and service Boat sales Broadcast studio, commercial radio and television T Business services 7311-7352, 7359-7389 NT Cable and other pay television services 4841 T Call Center and Customer Support Activities T Car wash NT CD-ROM development T Clothing stores, general NT Communication groups 4812-4841 T Communication towers: 5.05.09 P 75 feet or less in height CU More than 75 feet in height Computer and data processing services, Computer related T services, not elsewhere classified Consumption on premises NT Convenience food and beverage store NT Day care center, adult & child services P/NT Data and Information processing T Development testing and related manufacturing T Drive-through facility for any Permitted use P Drugs, Medicine 2833-2836 T Drugstore, pharmacy 5912 NT Dwelling unit: P Single-family, duplex P Two-family attached P Townhouse, multiple-family building Educational, scientific and research organizations T Engineering 0781, 8711-8713, 8748 NT Export based laboratory research or testing activities T Fences, walls 5.03.02 P Food and beverage service, limited NT Food stores 5411-5499 NT Gasoline dispensing system, special NT General Merchandise 5331-5399 NT General Contractors 1521-1542 NT Supp.No.22 LDC2:86.4 ZONING DISTRICTS AND USES 2.03.06 D. 2.03.06 D. Identified Use Special Notes RTPPUD Or Regulation Gift and souvenir shop NT Hardware store 5251 NT Health care facilities: NT 8011-8049 NT 8051-8099 Health Technologies T Heliport or helistop P Hobby, toy and game shops NT Hotel/motel: 7011, 7021, 7041 NT Housing units for employees only 5.05.03 P Insurance companies 6311-6399, 6411 NT Information Technologies T Laboratories 5047, 5048, 5049, 8071, 8731, 8734 T Laundry or dry cleaning NT Legal Offices 8111 NT MANUFACTURING OF: 1. Electronics 3612-3699 T 2. Measuring, analyzing & Controlling instruments, 3812— T 3873 3. Novelties, jewelry, toys and signs NT Management 8741-8743, 8748 NT Medical Laboratory 8071, 8072, 8092, 8093 T Membership Organization 8611-8699 NT Motion picture production studio 7812-7819 NT Multimedia activities T Parks P Parking lot: P Accessory P Garage, public parking Personal services 7211-7299 NT Pharmacy NT Photo finishing laboratory T Photographic Studios 7221 NT Physical Fitness 7991 NT Play Ground P Printing and publishing 2752 T Production facilities and operations/technology based T Professional Office NT Research, development laboratories & Technology Parks: See Note (3) P 8071, 8731, 8734 All others P Residential Development including care units, family care P facilities and group care facilities Residential accessory uses NT Restaurant, fast food NT Restaurants 5812-5813 NT Schools: NT Commercial 8243-8299 Security & Commodity Brokers 6211-6289 NT Self-service fuel pumps NT Signs in accordance with 5.06.00 § 5.06.00 P Storage: P Indoor only Supp.No.22 LDC2:86.5 COLLIER COUNTY LAND DEVELOPMENT CODE 2.03.06 D. 2.03.06 E. Identified Use Special Notes RTPPUD Or Regulation Studios NT Telephone communications 4813 T Travel Agency 4724 NT Legend: (-) not permitted, (P) permitted, (CU) conditional use (T)target industry[RTPPUD only], (NT) non-target industry [RTPPUD only] Notes: (1) Subject to limitations for commercial uses set forth in subsection 2.03.03 C.of this LDC. (2) Accessory uses only (3) Subject to ordinance 02-24 (GMP amendment). E. The following are permissible commercial uses in PUDs: Major Category Specific Uses: a. Groups 6021-6029 Commercial banks—Drive-through facilities are prohibited b. Group 6531 Real estate agents and managers for property within PUD only c. Group 5251 Hardware store only-2,500 sq.ft. maximum floor area d. Group 5331 Variety stores-2,500 sq.ft. maximum floor area e. Group 5339 Miscellaneous general merchandise stores, except catalog showrooms-2,500 sq.ft. maximum floor area f. Group 5411 Grocery stores, except frozen food and freezer plants 10,000 sq.ft. maximum floor area g. Group 5421 Fish, meat, and seafood markets only h. Group 5431 Fruit and vegetable markets i. Group 5461 Retail bakeries j. Group 5499 Health food store only-2,500 sq.ft. maximum floor area k. Group 5541 Gasoline service stations, except truck stops I. Groups 5611-5661 Apparel and accessory stores-2,500 sq.ft. maximum floor area m. Group 5735 Record and prerecorded tape stores n. Group 5812 Eating places, except caterers and industrial and institutional food service establishments, dinner theaters, drive-in restaurants and restaurants with drive-through facilities o. Group 5921 Liquor stores p. Group 5947 Gift, novelty, and souvenir shops q. Group 5949 Sewing, needlework, and piece goods stores r. Group 5992 Florists s. Group 7212 Agents for laundries and drycleaners only t. Group 7215 Coin-operated laundries and dry cleaning u. Group 7219 Diaper service, and garment alteration and repair shops only v. Group 7231 Beauty shops, except beauty schools and cosmetology schools w. Group 7241 Barber shops, except barber colleges x. Group 7299 Depilatory salon, electrolysis, massage parlor, shopping service for individuals, and tanning salons only y. Group 7349 Housekeeping and maid service only z. Group 7841 Video tape rental aa. Group 7991 Physical fitness facilities bb. Groups 8011-8021 Offices and/or clinics of physicians, and offices an/or clinics of dentists cc. Group 8041 Offices and clinics of chiropractors Supp.No.22 LDC2:86.6 ZONING DISTRICTS AND USES 2.03.06 F. 2.03.06 G.2. F. Special requirements for public school facilities within a planned unit development. 1. Permitted facilities. Ancillary plants and educational plants are both permitted in a planned unit development district; however, any high school located in this district is subject to a compatibility review as described in section 10.02.03 of the Code. 2. Yard Requirements for public schools. a. For principal structures: 50 feet from all property lines. b. For accessory structures: 25 feet from all property lines. G. Residential Mixed Use Neighborhood Center PUD Design Criteria. 1. Purpose and Scope. The Residential Mixed Use Neighborhood Center PUD Design Criteria is intended to encourage the development of residential projects with a limited mix of commercial uses with a context of smart growth design.Such mixed-use projects are intended to be developed at a human-scale with a pedestrian orientation, interconnecting with adjacent project, whether commercial or residential. The Residential Mixed Use Neighbor- hood Center PUD is allowed in the Urban Mixed Use District contained within the FLUE and subject to the standards and criteria set forth under the Residential Mixed Use Neighborhood Subdistrict and the regulations contained herewith. 2. Residential PUD mixed use projects shall comply with the following standards and criteria. These design criteria are applicable to Residential Mixed Use Projects, those projects approved prior to the effective date this amendment, shall not be required to adopt the design criteria contained here within during any future PUD amendments. a. Uses in the commercial component are limited to those allowed in the C-1, C-2 and C-3 zoning districts as contained in the Collier County Land Development Code. b. The commercial component shall be no larger than 10 acres in size and shall not exceed 80,000 square feet of gross leasable floor area. c. A maximum of one acre of land for commercial uses is allowed for each 5 acres of land for residential uses. d. The minimum size for a project utilizing the Residential Mixed Use PUD shall be greater than 5 acres. e. No single commercial use in the commercial component shall exceed 15,000 square feet of gross leasable floor area, except that a grocery store or supermarket shall not exceed 45,000 square feet of gross leasable floor area. f. The maximum floor area ratio for commercial uses is 0.25, of the commercial component. g. Residential density shall be no less than the base density allowed by the FLUE Density Rating System. For properties located in the Urban Residential Fringe, the minimum density shall be as allowed by that Subdistrict. Supp.No.22 LDC2:86.7 COLLIER COUNTY LAND DEVELOPMENT CODE 2.03.06 G.2. 2.03.06 G.3. h. For freestanding residential uses, acreage to be used for calculating density is exclusive of the commercial component and of any acreage component for a use with a residential equivalency, e.g.ALF-adult living facility.For properties not located in the Urban Residential Fringe, eligible density shall be as allowed by the FLUE Density Rating System, or as allowed under the existing residential zoning district, or as otherwise allowed by FLUE, Policy 5.1. For properties located in the Urban Residential Fringe, eligible density shall be as allowed by that Subdistrict. i. For residential uses located within the commercial component of the project, whether located above commercial uses in the same building, in an attached building, or in a freestanding building;density is calculated based upon the gross project acreage. For properties not located in the Urban Residential Fringe,eligible density is the base density allowed by the Density Rating System, less any reductions. For properties located in the Urban Residential Fringe, eligible density shall be as allowed by that Subdistrict. j. The project is encouraged to use a grid street system, or portion thereof, so as to afford maximum opportunity for interconnections with surrounding properties and to provide multiple route alternatives. k. The project shall provide street, pedestrian pathway and bike lane interconnections with adjacent properties, where possible and practicable. I. The commercial component shall be interconnected with the residential component of the project by streets, or pedestrian pathways, and bike lanes, unless precluded by the existence of wetlands or other environmentally sensitive habitats. In such instance, no less than one type of interconnection shall be provided. m. All buildings shall be limited to 5 stories in height, inclusive of under building parking, not to exceed the zoned height and in no case greater than 60 feet. n. The commercial component of the project shall be internally located with no direct access to adjacent external roadways, or the commercial component shall have frontage on a road classified as an arterial or collector in the Transportation Element. o. If the commercial component is not internally located, then its frontage shall be no greater than twice its depth. p. For projects located along an arterial or collector road, the number and type of access points shall be limited, as appropriate, so as to minimize disruption of traffic flow on the adjacent arterial or collector roadway. q. The setback for projects which are adjacent to residentially zoned properties shall be a minimum of 15 feet. 3. Pedestrian Pathways. For projects subject to architectural design standards, see LDC section 5.05.08 F.for related provisions. a. The pedestrian pathways along the main streets shall be a minimum of 21 feet in width, which shall have a pedestrian travel zone that is unobstructed and �.. continuous. (See diagram.) Supp.No.22 LDC2:86.8 ZONING DISTRICTS AND USES 2.03.06 G.3. 2.03.06 G.3. b. Pedestrian pathways shall be provided pursuant to section 4.02.3 8.D. of the LDC and shall include: street furnishings, a street tree planting zone, and a pedestrian travel zone. (This is not applicable to internal parking lots.) c. Overhead arcades, awnings or canopies, may extend over the dining and display zone as well as the pedestrian travel zone at a minimum height of 8 feet. Furnishings or other obstructions shall be kept out of the pedestrian travel zone. d. Outdoor dining at building arcades or outdoor areas may be enclosed by planters, decorative fencing, or comparable moveable barriers. The dining area shall not encroach into the pedestrian travel zone. e. Building elements in the form of arcades, overhangs, signage, marquees, bay windows, and structural supports shall be allowed to extend over the pedestrian travel zone.These allowable overhead encroachments shall have a minimum clearance of 8 feet height above the sidewalk. Supp.No.22 LDC2:86.8.1 COLLIER COUNTY LAND DEVELOPMENT CODE 2.03.06 G.3. 2.03.06 G.4. MIXED USE PEDESTRIAN PATHWAY SECTION (Internal Street Section) 5'MIN. STREET TREE PLANTING ZONE 4'MIN.FROM FACE 1L R D A OF CURB TO ��OR ARCADE FRONT OF TREE — 8'IDININGAND p DISPLAY ZONE 8'MIN.HEIGHT 100 0. i 5'MINIMUM 3'CAR DOOR ZONE PEDESTRIAN TRAVEL ZONE 21'MINIMUM PEDESTRIAN PATHWAY PREIAYED IV.OFFICE OF IMINfCS AND T&NaCAL SMOOT NF O/2 DEVELOPMENT AND ENVIDONYENTAI SEPVICES DIVISION DATE.!/A06 FILE'IADESTRIANIATNWAV 4. Street Furnishings & Street Plantings. a. Street furnishings shall be provided in conjunction with the street tree planting zone. Street furnishings shall include benches per LDC Section 4.06.03 B.8. one waste/ Supp.No.22 LDC2:86.8.2 ZONING DISTRICTS AND USES 2.03.07 D.4. 2.03.07 D.4. c. TDR credits from RFMU sending lands: General Provisions Creation of TDR credits. a) TDR credits are generated from RFMU sending lands at a rate of 1 TDR credit per 5 acres of RFMU Sending Land or, for those legal non-conforming lots or parcels of less than 5 acres that were in existence as of June 22, 1999, at a rate of 1 TDR credit per legal non-conforming lot or parcel. b) For lots and parcels 5 acres or larger, the number of TDR credits generated shall be calculated using the following formula: # of acres x 0.2 = # of TDR credits generated. Where the number of TDR credits thus calculated is a fractional number, the number of TDR credits created shall be rounded to the nearest 1/100th. ii. Creation of TDR Bonus credits.TDR Bonus credits shall only be generated from RFMU sending land property from which TDR credits have been severed.The three types of TDR Bonus credits are as follows: a) Environmental Restoration and Maintenance Bonus credits. Environmental Restoration and Maintenance Bonus credits are generated at a rate of 1 credit for each TDR credit severed from that RFMU sending land for which a Restoration and Management Plan (RMP) has been accepted by the County. In order to be accepted, a RMP shall satisfy the following: 1) The RMP shall include a listed species management plan. 2) The RMP shall comply with the criteria set forth in 3.05.08.A, and B. 3) The RMP shall provide financial assurance, in the form of a letter of credit or similar financial security, establishing that the RMP shall remain in place and be performed, until the earlier of the following occurs: a. Viable and sustainable ecological and hydrological functionality has been achieved on the property as measured by the success criteria set forth in the RMP. b. The property is conveyed to a County, state, or federal agency as provided in b) below. 4) The RMP shall provide for the exotic vegetation removal and maintenance to be performed by an environmental contractor acceptable to the County. Supp.No.22 LDC2:86.19 COLLIER COUNTY LAND DEVELOPMENT CODE 2.03.07 D.4. 2.03.07 D.4. b) Conveyance Bonus credits.Conveyance Bonus credits are gener- ated at a rate of 1 credit for each TDR credit severed from that RFMU sending land that is conveyed in fee simple to a federal, state, or local government agency as a gift. Conveyance Bonus credits shall only be generated from those RFMU sending land properties on which an RMP has been accepted as provided in a) above. c) Early Entry Bonus credits. Early Entry Bonus credits shall be generated at a rate of 1 additional credit for each TDR credit that is severed from RFMU sending land for the period from March 5, 2004, until September 27, 2022, unless further extended by resolution by the Board of County Commissioners. Early Entry Bonus credits shall cease to be generated after the termination of this early entry bonus period. However, Early Entry Bonus credits may continue to be used to increase density in RFMU and non- RFMU Receiving Lands after the termination of the Early Entry Bonus period. iii. Calculation of TDR Bonus credits. a) Environmental Restoration and Maintenance Bonus credits are calculated as follows: # TDR credits generated from property x % property subject to an approved RMP b) Conveyance Bonus credits are calculated as follows: # TDR credits generated from property x % property subject to an approved RMP and conveyed as provided in ii.b) above. c) Early Entry Bonus credits are calculated as follows: #TDR credits generated within Early Entry period x 1. iv. Receipt of TDR credits or TDR Bonus credits from RFMU sending lands. TDR credits or TDR Bonus credits from RFMU sending lands may be redeemed into Urban Areas, the Urban Residential Fringe, and RFMU receiving lands, as provided in subsections 2.03.07 4.d.and e. below. v. Prohibition on redemption of fractional TDR credits and TDR Bonus credits. While fractional TDR credits and TDR Bonus credits may be created, as provided in (ii) above, TDR credits and TDR Bonus credits may only be redeemed in increments of whole, not fractional,dwelling units.Consequently, fractional TDR credits and fractional TDR Bonus credits must be aggregated to form whole units, before they can be utilized to increase density in either non-RFMU Receiving Areas or RFMU Receiving lands. vi. Prohibition on severance of development rights. a) Neither TDR credits nor TDR Early Entry Bonus credits shall be generated from RFMU sending lands where a conservation ease- Supp.No.22 LDC2:86.20 ZONING DISTRICTS AND USES 2.03.07 D.4. 2.03.07 D.4. ment or other similar development restriction prohibits the residential development of such property, with the exception of those TDR Early Entry Bonus credits associated with TDR credits severed from March 5, 2004, until [the effective date of this provision]. Environmental Restoration and Maintenance Bonus credits and Conveyance Bonus credits may only be generated from those RFMU sending lands where a conservation easement or other similar development restriction on development was imposed in conjunction with the severance of TDR credits. b) Neither TDR credits nor any TDR Bonus credits shall be generated from RFMU sending lands that were cleared for agricultural opera- tions after June 19, 2002, for a period of twenty-five (25) years after such clearing occurs. d. Redemption of TDRs into non-RFMU receiving areas. Redemption into urban areas. a) Maximum density increase.In order to encourage residential in-fill in urban areas of existing development outside of the Coastal High Hazard Area, a maximum of 3 residential dwelling units per gross acre may be requested through a rezone petition for projects qualifying under this residential infill provisions of the Future Land Use Element density Rating System, subject to the applicable provisions of Chapters 2 and 9 of this Code, and the following conditions: i) The project is 20 acres or less in size; ii) At time of development,the project will be served by central public water and sewer; iii) The property in question has no common site development plan in common with adjacent property; iv) There is no common ownership with any adjacent parcels; and v) The parcel in question was not created to take advantage of the in-fill residential density bonus and was created prior to the adoption of this provision in the Growth Management Plan on January 10, 1989. vi) Of the maximum 3 additional units, one (1) dwelling unit per acre shall be derived from RFMU sending lands and redeemed at Site Plan or prior to Plat recordation. b) Developments which meet the residential infill conditions i) through v) above may increase the base density administratively through a Supp.No.22 LDC2:86.21 COLLIER COUNTY LAND DEVELOPMENT CODE 2.03.07 D.4. 2.03.07 D.4. Site Development Plan or Plat approval by a maximum of one dwelling unit per acre by redeeming additional density derived from RFMU district Sending Lands. ii. Redemptions into the Urban Residential Fringe shall be permitted exclusively through the use of TDR credits and TDR Bonus credits derived from RFMU sending lands located within one mile of the Urban Boundary to increase density by a maximum of 1.0 dwelling units per acre, allowing for a density increase from the existing allowable base density of 1.5 dwelling units per acre to a maximum of 2.5 dwelling units per gross acre. e. Redemption into RFMU receiving lands. Maximum density on RFMU receiving lands when TDR credits are redeemed. a) The base residential density allowable shall be as provided in sections 2.03.08 A.2.a.(2)(a) and 2.03.08 A.2.b.(3)(a). b) The density achievable through the redemption of TDR credits and TDR Bonus credits into RFMU receiving lands shall be as provided for in section 2.03.08 A.2.a.(2)(b)(i) outside of rural villages and sections 2.03.08 A.2.b.(3)(b) and 2.03.08 A.2.b.(3)(c)(i) inside of rural villages. ii. Remainder uses after TDR credits are severed from RFMU sending lands. Where development rights have been severed from RFMU district Sending Lands, such lands may be retained in private ownership and may be used as set forth in section 2.03.08 A.4.b. f. Procedures applicable to the severance and redemption of TDR credits and the generation of TDR Bonus credits from RFMU sending lands. General.Those developments that utilize such TDR credits or TDR Bonus credits are subject to all applicable permitting and approval requirements of this Code, including but not limited to those applicable to site development plans, plat approvals, PUDs, and DRIs. a) The severance of TDR credits and the generation of Early Entry Bonus credits from RFMU sending lands does not require further approval of the County if the County determines that information demonstrating compliance with all of the criteria set forth in ii.a) below has been submitted.However, those developments that utilize such TDR credits and Early Entry Bonus credits are subject to all applicable permitting and approval requirements of this Code, including but not limited to those applicable to site development plans, plat approvals, PUDs, and DRIs. b) The generation of Environmental Restoration and Maintenance Bonus credits and Conveyance Bonus credits requires acceptance by the County of a RMP. Supp.No.22 LDC2:86.22 ZONING DISTRICTS AND USES 2.03.07 D.4. 2.03.07 D.4. ii. In order to facilitate the County's monitoring and regulation of the TDR Program, the County shall serve as the central registry for all TDR severances, transfers (sales) and redemptions, as well as maintain a public listing of TDR credits available for sale along with a listing of purchasers seeking TDR credits. No TDR credit generated from RFMU sending lands may be utilized to increase density in any area unless the following procedures are complied with in full. a) TDR credits shall not be used to increase density in either non-RFMU Receiving Areas or RFMU receiving lands until severed from RFMU sending lands. TDR credits shall be deemed to be severed from RFMU sending lands at such time as a TDR credit Certificate is obtained from the County.TDR credit Certificates shall be issued only by the County and upon submission of the following: i) a legal description of the property from which the RFMU TDR credits originated, including the total acreage; ii) a title opinion establishing that, prior to the severance of the TDR credits from RFMU sending lands, such sending lands were not subject to a conservation restriction or any other development restriction that prohibited residential development; iii) an affidavit, signed by the owner, stating that the property was not subject to a conservation restriction or any other development restriction that prohibited residential develop- ment during the period between the effective date of the title opinion and conservation easement recordation; iv) an executed Limitation of Development Rights Agreement, prepared in accord with the form provided by the County,that limits the allowable uses on the property after the severance of TDR credits as set forth in section 2.03.08 A.4.b.; and v) a statement identifying the price, or value of other remunera- tion, paid to the owner of the RFMU sending lands from which the TDR credits were generated and that the value of any such remuneration is at least $25,000 per TDR credit, unless such owner retains ownership of the TDR credits after they are severed, unless the RFMU or non-RFMU receiving lands on which the TDR credits will be redeemed and the RFMU sending lands from which the TDR credits were generated are owned by the same persons or entities or affiliated persons or entities; and vi) a statement attesting that the TDR credits are not being severed from RFMU sending lands in violation of subsec- tion 2.03.07 D.4.c.vi.b) of the Code. Supp.No.22 LDC2:86.23 COLLIER COUNTY LAND DEVELOPMENT CODE 2.03.07 D.4. 2.03.07 D.4. vii) documented evidence that, if the property from which TDRs are being severed is subject to a mortgage, lien, or any other security interest;the mortgagee, lien holder, or holder of the security interest has consented to the recordation of the Limitation of Development Rights Agreement required for TDR severance;transfer(sale) of TDR credit;and redemp- tion of TDR credit. b) TDR Bonus credits shall not be used to increase density in either non-RFMU receiving areas or RFMU receiving lands until a TDR credit certificate reflecting the TDR Bonus credits is obtained from the County and recorded. 1) Early Entry Bonus credits. All TDR credit certificates issued by the County for the period from the effective date of this provision until September 27, 2022, unless further extended by resolution by the Board of County Commission- ers, shall include one Early Entry Bonus credit or fractional Early Entry Bonus credit for each TDR credit or fractional TDR credit reflected on the TDR credit certificate. Where TDR credits were severed from March 5, 2004, until the effective date of this provision,the County shall, upon receipt of a copy of the TDR credit certificate reflecting those previously severed TDR credits,issue a TDR credit certificate entitling Early Entry Bonus credits equal in number to the previously severed TDR credits. 2) Environmental Restoration and Maintenance Bonus credit. A TDR certificate reflecting Environmental Restoration and Maintenance Bonus credits shall not be issued until the County has accepted a RMP for the sending lands from which the Environmental Restoration and Maintenance Bonus credit is being generated. Any sending lands from which TDR credits have been severed may also be used for mitigation programs and associated mitigation activities and uses in conjunction with any county, state or federal permit- ting.Where the Environmental Restoration and Maintenance Credit is applied for sending lands that are also being used (title or easement) for mitigation for permits or approvals from the U.S. Army Corps of Engineers, U. S. Fish and Wildlife Service, Florida Department of Environmental Protec- tion, Florida Fish and Wildlife Conservation Commission, or the South Florida Water Management District, the County shall accept as the RMP for the sending mitigation lands,the restoration and/or maintenance requirements of permits issued by any of the foregoing governmental agencies for said lands. 3) Conveyance Bonus credit.A TDR certificate reflecting Convey- `" ance Bonus credits shall not be issued until the County Supp.No.22 LDC2:86.24 ZONING DISTRICTS AND USES 2.03.07 D.4. 2.03.07 D.S. has accepted a RMP for the Sending Lands from which the Conveyance Bonus credit is being generated and such sending lands have been conveyed, in fee simple, to a County, state, or federal government agency. c) A PUD or DRI utilizing TDR credits or TDR Bonus credits may be conditionally approved, but no subsequent application for site de- velopment plan or subdivision plat within the PUD or DRI shall be approved, until the developer submits the following: i) documentation that the developer has acquired all TDR credits and TDR Bonus credits needed for that phase of the development that is the subject of the site develop- ment plan or subdivision plat. d) The developer shall provide documentation of the acquisition of full ownership and control of all TDR credits and TDR Bonus credits needed for the development prior to the approval of any site development plan, subdivision plat, or other final local develop- ment order, other than a PUD or DRI. e) Each TDR credit shall have an individual and distinct tracking number, which shall be identified on the TDR certificate that reflects the TDR credit. The County TDR Activity Log shall maintain an ongoing database that categorizes all TDR credits relative to severance, transfer (sale) and redemption activity. f) Each TDR Bonus credit shall have an individual and distinct tracking number, which shall be identified on the TDR certificate and which shall identify the specific TDR credit associated with the TDR Bonus credit. The County TDR Registry shall maintain a record of all TDR Bonus credits, to include a designation of those that have been expended. g) The County bears no responsibility to provide notice to any person or entity holding a lien or other security interest in Sending Lands that TDR credits have been severed from the property or that an application for such severance has been filed. g. Proportional utilization of TDR credits and TDR Bonus credits. Upon the issuance of approval of a site development plan or subdivision plat that is part of a PUD or DRI, TDR credits and TDR Bonus credits shall be redeemed at a rate proportional to percentage of the PUD or DRI's approved gross density that is derived through TDR credits and TDR Bonus credits.All PUDs and DRIs utilizing TDR credits and TDR Bonus credits shall require that the rate of TDR credit and TDR Bonus credits consumption be reported through the monitoring provisions of section 10.02.12 and subsection 10.02.07.C.1.b of this Code. 5. In accordance with § 380.05, F.S. and chapter 73-131 Laws of Florida, the administrative �"` commission instituted regulations for the Big Cypress Area of Critical State Concern "ACSC". Supp. No. 6 LDC2:86.25 COLLIER COUNTY LAND DEVELOPMENT CODE 2.03.07 D.S. 2.03.07 E.1. The purpose of these regulations is to conserve and protect the natural, environmental, and economic resources of the Big Cypress area. Furthermore, these regulations are to provide a land and water management system that will preserve water quality,provide for the optimum utilization of the limited water resources of the area, facilitate orderly and well-planned development,and protect the health, safety and welfare of residents of the state.The Florida Administrative Code establishes criteria for site alteration, drainage, transportation facilities and structure installation. These regulations are implemented through the land develop- ment regulations as set forth in section 4.02.14.An overlay zoning classification to be known as Area of Critical State Concern/Special Treatment Overlay shall be designated on the Official Zoning Atlas with symbol ACSC-ST. E. Historical and Archaeological Sites(H). It is the intent of these regulations to recognize the importance and significance of the County's historical and archaeological heritage. To that end, it is the county's intent to protect, preserve, and perpetuate the County's historic and archaeological sites, districts, structures, buildings, and properties. Further, the BCC, finds that these regulations are necessary to protect the public interest, to halt illicit digging or excavation activities which could result in the destruction of prehistoric and historic archaeological sites,and to regulate the use of land in a manner which affords the maximum protection to historical and archaeological sites, districts, structures, buildings, and properties consistent with individual property rights. It is not the intent of this LDC to deny anyone the use of his property, but rather to regulate the use of such property in a manner which will ensure, to the greatest degree possible, that historic and archaeological sites, districts, structures, buildings, and properties are protected from damage, destruction, relocations, or exportations. 1. Areas for consideration for inclusion in areas of historical/archaeological probability shall have one (1) or more of the following characteristics: a. The area is associated with distinctive elements of the cultural, social, ethnic, political, economic, scientific, religious, prehistoric, or architectural history that have contributed to the pattern of history in the community,the County,the State of Florida, or the nation; or b. The area is associated with the lives of persons significant in history; or c. The area embodies the distinctive characteristics of a type, period, method, or materials of construction that possess high artistic value, quality of design craftsman- ship, or that represent an individual architect or builder's prominence or contribution to the development of the County, the State of Florida, or the nation; or d. The area was the location of historic or prehistoric activities including, but not limited to, habitation, religious, ceremonial, burial, or fortification during a particular period of time, which may maintain a sufficient degree of environmental integrity to reflect a significant aspect of the relationship of the site's original occupants to the environ- ment; or e. The area is historic or prehistoric site which has been severely disturbed but which may still allow useful and representative data to be recovered; or ..r f. The area has yielded or is likely to yield information on local history or prehistory; or Supp. No. 6 LDC2:86.26 ZONING DISTRICTS AND USES 2.03.07 E.1. 2.03.07 E.2. g. The area derives its primary significance from architectural or artistic distinction of historical importance; or h. The area is the birthplace or grave of historical figure or is a cemetery which derives its primary significance from graves of persons of importance, from age, from distinctive design features, or from association with historic events; or The area is the site of a building or structure removed from its original location which is significant for its architectural value, or is the sole surviving structure associated with historic period, person, or event; or j. The area is a property primarily commemorative in intent, where design, age, tradition, or symbolic value has invested it with its own historical significance; or k. The area is an area containing known archaeological sites that have not been assessed for significance but are likely to conform to the criteria for historical/ archaeological significance or areas where there is a high likelihood that unrecorded sites of potential historical/archaeological significance are present based on prehis- toric settlement patterns and existing topographic features; or I. The area is included in the National Register of Historic Places. 2. Applicability during development review process; county projects; agriculture; waiver re- quest. a. Applicability.Applications for a specific development order as described in subsec- tion[s]203.07 E.2.b through deemed adequate for review which have been submitted prior to the adoption of this section are not required to meet the provisions outlined in the applicable subsection. However, subsequent applications for development orders as described in subsection[s] 2.03.07 E.2.b. through k. shall comply with the requirements of the applicable subsection. Subsections 2.03.07 E.2.b. through k. shall become effective upon the adoption, by resolution, of the map of areas of historical/archaeological probability by the board of county commissioners. Supp. No. 6 LDC2:86.27 ZONING DISTRICTS AND USES 2.03.07 E.2. 2.03.07 E.2. b. Development of regional impact (DRI). The application for development approval (ADA) for the proposed DRI shall include correspondence from the applicant to the �-- Florida department of state, division of historic resources, indicating that the DRI is in Collier County's designated area of historical archaeological probability. The ADA shall also include an historical archaeological survey and assessment, if required by the division of historic resources. The survey and assessment is subject to review by the County Manager or designee, and recommendations shall be presented to the Collier County planning commission and the board of county commissioners for consideration for incorporation into the local development order. The recommenda- tions shall also be provided to the preservation board. The preservation board shall be provided the opportunity to present its recommendations to the planning commis- sion and board of county commissioners at their public hearings. c. Requests for land use change. Property under consideration for a rezone or conditional use which is within an area of historical/archaeological probability shall have an historical/archaeological survey and assessment prepared by a certified archaeologist to be submitted by the applicant with the land use change request application and is subject to review by the County Manager or designee.The County Manager or designee's recommendations derived from the review of a survey and assessment submitted by the applicant shall be presented to the Collier County planning commission and the board of county commissioners for consideration for incorporation into the local development order. The recommendations shall also be provided to the preservation board. The preservation board shall be provided the opportunity to present its recommendations to the planning commission and board of county commissioners at their public hearings. d. Building permits. Building permits issued for new structures on property located within an area of historical/archaeological probability shall be accompanied by a notice that indicates the property is within the area of historical/archaeological probability. The notice shall describe the potential for historical and archaeological sites, structures, artifacts, or buildings, and shall encourage the preservation of such sites, provide reference to applicable state and local laws, and provide reference regarding whom to contact in the event an historical/archaeological site, structure, artifact or building is discovered. e. Preliminary subdivision plat. Submittal for a preliminary subdivision plat within an area of historical/archaeological probability but not subject to subsections b through c shall include a historical/archaeological survey and assessment prepared by a certified archaeologist. The preservation board shall review the recommendations derived from the survey and assessment and submit their recommendations to the Collier County Board of County Commissioners for consideration for incorporation into the local development order. f. Final subdivision plat or site development plan(SDP). Submittal for a final subdivision plat, including construction documents or site development plan (SDP)within an area of historical/archaeological probability but not subject to subsections b, c, or e of this section shall include a historical/archaeological survey and assessment prepared by a certified archaeologist. The preservation board shall review the recommendations derived from the survey and assessment which shall be incorporated into the final subdivision plat and construction document. Supp. No. 5 LDC2:86.29 COLLIER COUNTY LAND DEVELOPMENT CODE 2.03.07 E.2. 2.03.07 E.2. g. Reserved. �. h. County projects. County-sponsored projects, which are located within an area of historical/archaeological probability shall have an historical/archaeological survey and assessment prepared by a certified archaeologist. The county shall comply with all recommendations outlined in the historical/archaeological survey and assess- ment. A copy of the historical/archaeological survey and assessment shall be provided to the preservation board members. Agricultural lands. Owners of agricultural land within an area of historical/ archaeological probability filing a notice of commencement application for active agricultural production shall be notified in writing by development services staff that the land is in an area of historical/archaeological probability and that an historical/ archaeological survey and assessment prepared by certified archaeologist is re- quired. The County Manager or designee shall not issue a notice of commencement until the historical/archaeological survey and assessment has been completed. The property owner shall adhere to all recommendations provided by the historical/ archaeological survey and assessment. j. Waiver request. Properties located within an area of historical/archaeological prob- ability with low potential for historical/archaeological sites may petition the County Manager or designee to waive the requirement for an historical/archaeological survey and assessment.The waiver application shall be in a form provided by the community development services division.The County Manager or designee shall review and act upon the waiver request within five working days of receiving the application. The waiver request shall adequately demonstrate that the area has low potential for historical/archaeological sites. Justification shall include, but not be limited to, an aerial photograph interpretation, a description of historical and existing land uses, and an analysis of land cover, land formation, and vegetation. The County Manager or designee may deny a waiver, grant the waiver, or grant the waiver with conditions. He shall be authorized to require examination of the site by an accredited archaeol- ogist where deemed appropriate. The applicant shall bear the cost of such an evaluation by an independent accredited archaeologist. The decision of the County Manager or designee regarding the waiver request shall be provided to the applicant in writing. In the event of a denial of the waiver request, written notice shall be provided stating the reasons for such denial.Any party aggrieved by a decision of the County Manager or designee regarding a waiver request may appeal to the preservation board. Any party aggrieved by a decision if the preservation board regarding a waiver request may appeal that decision to the board of county commissioners utilizing the procedure outlined in section k. k. Previously completed survey and assessments.A survey and assessment completed by a certified archaeologist prior to the enactment of this section which is in accordance with the survey and assessment requirements outlined in section m may at the discretion of the property owner be utilized to meet the requirements of this --� section. The survey and assessment shall be provided to the County Manager or designee and shall be subject to the procedure as outlined in section a through section i above. Supp. No. 5 LDC2:86.30 ZONING DISTRICTS AND USES 2.03.07 E.2. 2.03.07 E.2. Historical/archaeological survey and assessment components. Historical/archaeolog- ical surveys and assessments required by this section shall be consistent with �-- accepted professional procedures and practices as outlined in the historic preserva- tion compliance review program of the Florida Department of State. Division of Historical Resources; and Standards and Guidelines for Archaeology and Historic Preservation (48 FR 44716), Subsections m. and n. shall become effective upon the adoption, by resolution, of the map of areas of historical/archaeological probability by the board of county commissioners. m. Survey and assessment components. Surveys and assessments shall include at a minimum: i. Title page; ii. Table of contents; iii. Report, title and authors; iv. Statement of qualification for each author; v. Description of the project location in terms of geologic and physiographic features, the environment, and land use history; vi. Description of field and laboratory methodology; vii. Description of sites located; a) Significance determination; viii. Recommendations as to further assessment work, site preservation, or mitigation; ix. Appendices: a) Florida Master Site File forms. n. Significance determination.A significance determination of specific sites as required by subsection m. item vii. a. of this section shall be based on National Register of Historic Places eligibility criteria, as follows: i. The quality or significance in American history, architecture, archaeology, engineering and culture is present in districts, sites, buildings, structures and projects that possess integrity of location, design, setting, materials, workmanship; and ii. That are associated with events that have made a significant contribution to the broad patterns of our history; or iii. That are associated with the lives of persons significant in our past; or iv. That embody the distinctive characteristics of a type, period or method of a type, period, or method of construction, or that represent the work of a Supp. No. 5 LDC2:86.31 COLLIER COUNTY LAND DEVELOPMENT CODE 2.03.07 E.2. 2.03.07 E.2. master,or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction; or, v. That have yielded, or may be likely to yield, information important in prehistory or history; or vi. In addition, the importance of historical/archaeological resources to local, county, and state history or prehistory shall be considered in a significance determination. o. Designation of historical/archaeological sites, structures, districts, buildings and properties. p. In addition to the areas of historical/archaeological probability outlined in subsection 2.03.07 E.1., specific sites, districts, structures, buildings, and properties may also be designated. Such designation will be based on the following criteria: i. Association with distinctive elements of the cultural, social, ethnic, political, economic, scientific, religious, prehistoric and architectural history that have contributed to the pattern of history in the community, Collier County, the state or the nation; or ii. Association with the lives of persons significant in history; or iii. Embodiment of the distinctive characteristics of a type, period, method or materials of construction, or that possess high artistic values, quality of design and craftsmanship, or that represent an individual architect or builder's prominence or contribution to the development of Collier County, Florida; or iv. Location of historic or prehistoric activities such as habitation, religious, ceremonial, burial, fortification, etc., during a particular period of time, and may maintain a sufficient degree of environmental integrity to reflect some aspect of the relationship of the site's original occupants to the environment; or v. An historic or prehistoric site which has been severely disturbed but which may still allow useful and representative data to be recovered; or vi. Have yielded or are likely to yield information on local history or prehistory; or vii. Derive their primary significance from architectural or artistic distinction of historical importance; or viii. Is the birthplace or grave of an historical figure or is a cemetery which derives —� its primary significance from graves of persons of transcendent importance, from age, distinctive design features, or from association with historic events; or Supp. No. 5 LDC2:86.32 ZONING DISTRICTS AND USES 2.03.07 E.2. 2.03.07 E.2. ix. A building or structure removed from its location which is primarily significant for architectural value, or is the surviving structure most impor- tantly associated with an historic period, person or event; or x. A property primarily commemorative in intent if design, age, tradition or symbolic value has invested it with its own historical significance; or xi. Are listed in the National Register of Historic Places. q. The designation of specific sites, structures, buildings, districts, and properties may be initiated by the preservation board or by the property owner. Upon consideration of the preservation board's report, findings, and recommendations and upon consid- eration of the criteria and guidelines set forth in section 203.07 E,the Board of County Commissioners shall approve, by resolution, or deny a petition for historic designa- tion.The application shall be in a form provided by the County Manager or designee. Property owners of record whose land is under consideration for designation initiated by the preservation board shall be provided two notices by certified mail return receipt requested, at least 30 days but no more than 45 days prior to any hearing regarding the historic designation by the preservation board or the board of county commis- sioners. The first notice shall provide all pertinent information regarding the desig- nation and the preservation board's scheduled meeting date to consider the site.The second notice shall indicate when the board of county commissioners will consider official designation of the site. Notice of public hearing shall be advertised in a newspaper of general circulation 15 days prior to the public hearing for the Board of County Commissioners. Each designated site, district, structure, property or build- `..., ing shall have a data file maintained by the preservation board.The file shall contain at a minimum: site location; the historical, cultural, or archaeological significance of the site; and the specific criteria from this section qualifying the site.An official listing of all sites and properties throughout Collier County that reflect the prehistoric occupation and historical development of Collier County and its communities, including information, maps, documents and photographic evidence collected to evaluate or substantiate the designation of a particular site, structure, building, property or district shall be maintained at the Collier County Museum. The Collier County Museum shall coordinate preservation and or restoration efforts for any historical/archaeological designated building, structure, site, property, or district that is donated to or acquired by Collier County for public use. r. Issuance of certificates of appropriateness. A certificate of appropriateness shall be issued by the preservation board for sites designated in accordance with subsection p before issuance of permits by the county to alter, excavate, relocate, reconstruct or demolish. The certificate of appropriateness shall be issued prior to the issuance of building, tree removal, or demolition permits. s. A certificate of appropriateness shall also be issued prior to the issuance of building permits for new construction within an historical/archaeological district designated in accordance with subsection 2.p. to ensure harmonious architectural design and to preserve the integrity of the historical/archaeological district. t. The application for certificate of appropriateness shall be in a form provided by the community development services division. The completed application shall be Supp. No. 5 LDC2:86.33 COLLIER COUNTY LAND DEVELOPMENT CODE 2.03.07 E.2. 2.03.07 E.2. provided to the County Manager 20 days prior to the regular monthly meeting of the preservation board who shall schedule the application for consideration at the next regularly scheduled meeting. The preservation board shall meet and act upon an application for a certificate of appropriateness within 60 days of receipt of the application from the community development services division. The preservation board shall approve the application, deny the application, or approve the application with conditions. u. Ordinary repairs and maintenance as defined in section 1.08.02 are not required to obtain a certificate of appropriateness. v. Criteria for issuance of a certificate of appropriateness shall be the U.S. Secretary of the Interior's Standards for Rehabilitation, 36 CFR 67 (1983), as amended. The community development services division shall maintain and make available to the public updated copies of the Standards for Rehabilitation. w. All decisions of the preservation board shall be in writing and include findings of fact. Notice of the decision shall be provided to the applicant, and to the County Manager or designee. x. Any party aggrieved by a decision of the preservation board may appeal the decision as outlined in subsection gg. --� y. Incentives. The following incentives may be applicable to specific sites, structures, districts, buildings and properties designated as archaeologically or historically significant pursuant to section o. z. Financial assistance. Historical/archaeological designated sites, districts, struc- tures, buildings, and properties as provided in section p shall be eligible for any financial assistance set aside for historic preservation projects by the State of Florida or the federal government, provided they meet the requirements of those financial assistance programs. aa. Tax credits. The preservation board shall encourage and assist in the nomination of eligible income-producing properties to the National Register of Historic Places in order to make available to those property owners the investment tax credits for certified rehabilitations pursuant to the Tax Reform Act of 1986 and any other programs offered through the National Register. bb. Building code. Historical/archaeological sites, districts, structures, buildings, and properties designated pursuant to subsection o. may be eligible for administrative variances or other forms of relief from applicable building codes as follows: cc. Repairs and alterations. Repairs, alterations and additions necessary for the preser- --� vation, restoration, rehabilitation or continued use of a building or structure may be made without conformance to the technical requirements of the Standard Building Code when the proposed work has been issued a certificate of appropriateness by Supp. No. 5 LDC2:86.34 ZONING DISTRICTS AND USES 2.03.07 E.2. 2.03.07 E.2. the preservation board and approved by the County Manager or designee, pursuant to the authority granted to the County Manager or designee by other divisions or statutes and further provided that: i. The restored building will be no more hazardous based on consideration of life, fire and sanitation safety than it was in its original condition. ii. Plans and specifications are sealed by a Florida registered architect or engineer, if required by the building official. iii. The County Manager or designee has required the minimum necessary correction to be made before use and occupancy which will be in the public interest of health, safety and welfare. dd. Zoning ordinance. The County Manager or designee may, by written administrative decision, approve any variance request for any designated historical/archaeological site, district, structure, building and property pursuant to section q. which has received a certificate of appropriateness from the preservation board for matters involving setbacks, lot width, depth, area requirements, land development regula- tions, height limitations, open space requirements, parking requirements, and other similar zoning variances not related to a change in use of the property in question. In addition, contributing projects as defined in section 1.08.02 are eligible for adminis- trative zoning ordinance variances. i. Before granting an administrative variance the County Manager or designee must find: a) That the variance will be in harmony with the general appearance and character of the community. b) That the variance will not be injurious to the area involved or otherwise detrimental to the public health, safety or welfare. c) That the proposed work is designed and arranged on the site in a manner that minimizes visual impact on the adjacent properties. ii. In granting any variances, the County Manager or designee may prescribe any appropriate conditions necessary to protect and further the interest of the area and abutting properties, including but not limited to: a) Landscape materials, walls and fences as required buffering. b) Modifications to the orientation of points of ingress and egress. c) Modifications of site design features. ee. Open space. Historical/archaeological resources that are to be preserved may be utilized to satisfy required setbacks, buffer strips or open space up to the maximum area required by development regulations. Conservation of such historic or archae- ological resources shall qualify for any open space requirements mandated by the development regulations. Supp. No. 5 LDC2:86.35 COLLIER COUNTY LAND DEVELOPMENT CODE 2.03.07 E.2. 2.03.07 E.2. ff. Density calculations. Acreage associated with historical/archaeological resources preserved within the boundaries of a project shall be included in calculating the project's permitted density. gg. Appeal. Any party aggrieved by a decision or interpretation of this division made by the County Manager or the preservation board shall have the right to appeal said interpretation, decision or denial to the Board of County Commissioners by filing a written notice of appeal with the County Manager within 30 working days from the date of such decision, interpretation, or denial.The County Manager shall provide the Board of County Commissioners with a copy of said notice of appeal. The notice of appeal shall be provided to the applicant by certified mail, return receipt requested, and shall state the decision which is being appealed, the grounds for the appeal, and a brief summary of the relief which is sought. Within 30 working days of the date of filing the appeal, or the first regular county commission meeting which is scheduled, whichever is latest in time,the Board of County Commissioners shall hear the appeal and issue a final decision. Nothing contained herein shall preclude the county commissioners from seeking additional information prior to rendering a final decision. hh. Reserved. ii. Discovery or accidental disturbance of historical/archaeological sites and properties during construction. If, during the course of site clearing, excavation or other construction activity, an historic or archaeological artifact, or other indicator is found, --� all development within the minimum area necessary to protect the discovery shall be immediately stopped and the following procedures shall be followed: a) The County Manager or designee and code enforcement shall be contacted. b) The County Manager or designee shall officially notify the property owner/ developer of the discovery within 24 hours and shall issue a stop work order. c) A certified archaeologist contracted by the property owner/developer shall determine whether the discovery site requires further investigation based upon the size and distribution of this site, depth of deposits, soil type, vegetation, and topography. i) If the site requires further investigation, the certified archaeologist shall cordon off the identified area, at a point ten feet from the perimeter of the discovery site. ii) If the discovery site does not require further investigation, construc- tion activity may resume after authorization by a certified archaeol- ogist. d) The certified archaeologist shall make recommendations for the treatment of accidental discoveries based on standards outlined in the "Treatment of Archaeological Properties"in accordance with 36 CFR part 800,as amended. These recommendations shall be considered for incorporation into the applicable local development order. Supp. No. 5 LDC2:86.36 ZONING DISTRICTS AND USES 2.03.07 E.2. 2.03.07 E.2. e) The certified archaeologist shall expeditiously assess the cordoned-off area and determine whether it is significant based on criteria outlined in section n. i) If the identified area is determined to be significant, an historical/ archaeological survey and assessment shall be prepared by a certified archaeologist for the entire project if one has not been completed as required by this division. The certified archaeologist's recommendations derived from his survey and assessment shall be considered for incorporation into the applicable local development order. If an historical/archaeological survey and assessment has been prepared in accordance with section m and section n, the recommendations shall be modified and incorporated into the local development order to reflect the additional site(s). ii) If the identified area is determined not to be significant, a preliminary survey of the entire project shall be conducted by a certified archaeologist. Any sites determined to be significant during the preliminary survey shall be subject to requirements in section E. Construction activity within the cordoned-off area may continue after all necessary artifacts and indicators have been recorded and upon authorization by a certified archaeologist. f) The certified archaeologist shall prepare a report outlining the results of his assessment and provide a copy to the County Manager or designee. The County Manager or designee shall provide a copy of the report to the preservation board members. g) Land areas in close proximity to the discovery site deemed to have historical/archaeological significance based on the criteria in section n shall be considered by the preservation board for addition to the map of areas of historical/archaeological probability. jj. Discovery of historical or archeological sites and properties during site inspection. If, during a project review site inspection, an historic or archaeological site, significant artifact, or other indicator is found, the following procedures shall be implemented. The project review staff shall cordon off the immediate area and contact the County Manager or designee. ii. The identified area shall be further cordoned off at a point ten feet from the perimeter of the discovery site as identified by a certified archaeologist, contracted by the property owner/developer. iii. The certified archaeologist shall assess the identified area and determine whether it is significant based on criteria outlined in subsection n. a) If the identified area is determined to be significant, an historical/ archaeological survey and assessment for the entire project shall be prepared by a certified archaeologist if one has not been completed as required by this division. Recommendations derived from the Supp. No. 14 LDC2:86.37 COLLIER COUNTY LAND DEVELOPMENT CODE 2.03.07 E.2. 2.03.07 E.2. historical/archaeological survey and assessment shall be consid- ered for incorporation into the applicable development order. If an historical/archaeological survey and assessment has been prepared in accordance with section E, the recommendations shall be modi- fied and incorporated into the local development order to reflect the additional areas. b) If the identified area is determined not to be significant, the certified archaeologist shall complete a preliminary survey of the entire site. Any areas determined to be significant during the preliminary survey shall be subject to the requirements detailed in section ii, item iii. a. iv. Land areas in close proximity and encompassing areas deemed to have historical/archaeological significance based on criteria in subsection n shall be considered by the preservation board for addition to the map of areas of historical/archaeological probability. v. The certified archaeologist shall prepare a report outlining the results of his assessment and provide a copy to the County Manager or designee. The County Manager or designee shall provide a copy of the report to the preservation board members. kk. Willful disturbance of historical/archaeologically significant sites, districts, struc- tures, buildings, and properties.Willful looting, pillaging,vandalizing or desecration, as defined by this division, of historical/archaeologically significant sites, districts, structures, buildings, and properties constitutes a violation punishable as de- scribed in subsection oo. II. Willful disturbance of an unmarked burial or burial site. It is a violation of section E. for any person to willfully and knowingly disturb an unmarked burial or burial site, or destroy, mutilate, deface, injure or remove any burial mound, earthen or shell monument containing human skeletal remains or associated burial artifacts or other structures or items placed or designed for a memorial, or to disturb the contents of a tomb or grave or for any person to have knowledge that an unmarked human burial is being disturbed, vandalized, or damaged and to fail to notify the local law enforcement agency with jurisdiction in the area. Such actions may also be punishable as a felony pursuant to F.S. ch. 872, as amended. mm. Appeals. Any party aggrieved by a decision or interpretation of this regulation made by the County Manager or the preservation board shall have the right to appeal said interpretation, decision or denial to the Board of County Commissioners by filing a written notice of appeal with the County Manager within 30 working days from the date of such decision,interpretation,or denial.The County Manager shall provide the Board of County Commissioners with a copy of said notice of appeal. The notice of appeal shall be provided to the applicant by certified mail, return receipt requested, and shall state the decision which is being appealed,the grounds for the appeal, and a brief summary of the relief which is sought. Within 30 working days of the date of filing the appeal, or the first regular county commission meeting which is scheduled, whichever is latest in time,the Board of County Commissioners shall hear the appeal Supp. No. 14 LDC2:86.38 ZONING DISTRICTS AND USES 2.03.07 E.2. 2.03.07 F.2. and issue a final decision. Nothing contained herein shall preclude the county commissioners from seeking additional information prior to rendering a final decision. nn. Jurisdiction. Section E. shall apply to all unincorporated areas of Collier County, Florida. oo. Penalties.A violation of the provisions of section E. shall constitute a misdemeanor and shall be prosecuted in the name of the state in the county court by the prosecuting attorney, and upon conviction shall be punishable by civil or criminal penalties including a fine of not more than$500.00 per violation per day for each day the violation continues or whatever reasonable amount as a judge may feel appropriate and including a requirement that any work or development performed contrary to section E. must be removed and the property returned to its condition at commencement of said action.The Board of County Commissioners shall have the power to collaterally enforce the provisions of section E.by appropriate judicial writ or proceeding notwithstanding any prosecution as a misdemeanor. State law reference—Penalty for ordinance violations, F.S. § 125.69. F. Golden Gate Parkway Overlay District (GGPOD). 1. Purpose and intent. The purpose and intent of these provisions is to implement the goals, objectives, and policies of the GGAMP, specifically the Golden Gate City Sub-Element.These provisions shall also be utilized in concert with the county's Golden Gate City Economic Development Zone, Ordinance No. 2018-56. 2. Applicability. a. The use regulations of this LDC section and the design standards of LDC section 4.02.26, shall apply to all properties as shown in Illustration 1 of LDC section 2.03.07 F.4.b. b. Property owners within the GGPOD may establish uses, densities, and intensities in accordance with the underlying zoning classification of the GGPOD. The design standards of the GGPOD pursuant to LDC section 4.02.06 shall apply. c. Any PUD established prior to March 16, 2021 including amendments or boundary changes, may elect to utilize the use regulations and design standards of the GGPOD.Any PUD proposed after March 16, 2021 shall apply the provisions of the GGPOD, unless a deviation is approved in accordance with LDC section 10.02.13 A.3. d. Where a property or a PUD is partially located within the boundary of the GGPOD,the provisions of the GGPOD shall only be available to that portion of the property located within the GGPOD. e. Conditional uses approved prior to March 16, 2021 that include design standards inconsistent with the provisions of the GGPOD may elect to utilize the provisions of the GGPOD without the review of the CU as required by LDC section 10.02.08 G.4. Supp.No.23 LDC2:86.39 COLLIER COUNTY LAND DEVELOPMENT CODE 2.03.07 F3. 2.03.07 F.4. 3. Definitions.The following definitions shall apply to the GGPOD: Mixed use:A single development project with a residential component and a nonresidential component.The mix of uses may be arranged horizontally(separate buildings with a common development plan)or vertically(in the same building),or some combination of both.Examples include but are not limited to the following: Vertical mixed use ea .,. Horizontal mixed use 4. Establishment of subdistricts. a. Purpose and Intent. i. The Mixed Use Activity Center Subdistrict (GGPOD-AC).This subdistrict is intended to be mixed-use (commercial, residential, institutional) in character. The concept is designed to concentrate new and existing commercial zoning in locations where traffic impacts can be readily accommodated,to avoid strip and disorganized patterns of commercial development, and to create focal points within the community.The standard for intensity of commercial uses are uses allowed in the C-1 through C-5 zoning districts but with certain exceptions. In addition, uses that are specifically intended to support economic development in Golden Gate City are also allowed. ii. Downtown Center Commercial Subdistrict(GGPOD-DT).This subdistrict is to encourage redevelopment along Golden Gate Parkway in order to improve the physical appearance of the area and create a vibrant and viable downtown subdistrict within Golden Gate City. Emphasis shall be placed on the creation of a pedestrian-oriented boulevard. The provisions of this subdistrict are intended to ensure harmonious development of commercial and mixed use buildings at a pedestrian scale that are compatible with residential development within and outside of the subdistrict.The subdistrict allows the aggregation of properties in order to promote flexibility in site design.The types of uses permitted within this subdistrict are retail, office, personal services, institutional, and residential. Non-residential development is intended to serve the needs of residents within the subdistrict, surrounding neighborhoods, and passerby. b. Boundaries of GGPOD and subdistricts. The boundaries of the GGPOD and subdistricts are identified in Illustration 1 below: Supp.No.23 LDC2:86.40 ZONING DISTRICTS AND USES 2.03.07 F.4. 2.03.07 F.5. L 1r`If - 1= 1 i + -,f Golden Gate Parkway Overlay District i, 61 ".i Downtown Center Commercial Subdistrict(00POO-0T) 't{ I — ' t � - Ylaad Use r I I P� lJ o M• = Activity Centerr 1-1- i LET i.t. ._-m ”T- I Subdstrict d{ I (GOPOO-AC) .Ctn : QI ._.... S I (g. .0,---sabt ,,, • Dovmtowri Q.Mp '-... __ Commercial Subdistrict 0. i - ( _ (GOPOD-OT) oC'x"yRt"a Y LEGEND oaer a scD u�.vs w FID DV m . . .0 Stcr. 0 500 1.000 2.000 Feel gm Ezi,/epwrw wMuu*u (*Pm[hi*s, II r i . 4--1MT*OS MO W-Aq DMnit Y Ld Illustration 1 - GGPOD with subdistricts 5. Table of Uses. a. The Table of Uses identifies uses as permitted uses (P) or conditional uses (CU). Conditional uses shall require approval in accordance with the procedures set forth in LDC section 10.08.00. b. Table 1. Mixed Use Downtown Activity Center Center Commercial Subdistrict Subdistrict Use Category (GGPOD-AC)1 (GGPOD-DT)1 Residential Uses 1) Artist village. P P 2) Dwelling, Multi-Family, including townhouses. P P 3) Live-work units. P P 4) Any use listed as permitted in the underlying zoning. P P 5) Any use listed as a conditional use in the underlying zoning CU CU district. Commercial Uses2 Li 1) Any use listed as permitted in the underlying zoning district. P P Supp.No.23 LDC2:86.41 COLLIER COUNTY LAND DEVELOPMENT CODE 2.03.07 F.5. 2.03.07 F.S. Mixed Use Downtown Activity Center Center Commercial Subdistrict Subdistrict Use Category (GGPOD-AC)1 (GGPOD-DT)1 2) Any use listed as a conditional use in the underlying zoning C C district. 3) Any use listed as a permitted use in any of the C-1, C-2, or C-3 P P zoning districts, without size limitations. 4) Any use listed as a conditional use in any of the C-1, C-2, or P CU4 C-3 zoning districts, without size limitations. 5) Any use listed as a permitted use in the C-4 or C-5 zoning P districts. 6) Any use listed as a conditional use in the C-4 or C-5 zoning CU4 districts. 7) Hotels and motels (7011, 7021, and 7041). P P Economic Development Uses2, 3 1) Aircraft and parts (3721-3728). P 2) Beverages (2082-2087). P 3) Communications equipment (3661-3669). P 4) Computer and office equipment (3571-3579). P 5) Construction, mining, and materials handling(3531, 3534- P 3537). 6) Dental laboratories (8072). P 7) Drugs (2833-2836). P 8) Electrical industrial apparatus (3621-3629). P 9) Electric lighting and wiring equipment (3641-3646, 3648). P 10) Electric transmission and distribution equipment (3612-3613). P 11) Electronic components and accessories (3671-3679). P 12) Engines and turbines (3511-3519). P 13) Farm machinery and equipment (3523-3524). P 14) Furniture and fixtures, not elsewhere classified (2599). P 15) General industrial machinery and equipment (3561, 3563, P 3565-3569). 16) Household appliances, not elsewhere classified (3639). P 17) Household audio and video equipment, and audio (3651— P 3652). 18) Jewelers' findings and materials, and lapidary work(3915). P 19) Laboratory apparatus and analytical, optical, measuring, and P controlling instruments (3821-3829). 20) Manufacturing industries, not elsewhere classified (3999). P 21) Metalworking machinery and equipment (3546 and 3548). P 22) Miscellaneous electrical machinery, equipment, and supplies P (3691-3692, 3695-3699). 23) Miscellaneous industrial and commercial (3593-3599). P 24) Ophthalmic goods (3851). P 25) Photographic equipment and supplies (3861). P Supp.No.23 LDC2:86.42 ZONING DISTRICTS AND USES 2.03.07 F.S. 2.03.07 F.6. Mixed Use Downtown Activity Center Center Commercial Subdistrict Subdistrict Use Category (GGPOD-AC)1 (GGPOD-DT)1 26) Refrigeration and service industry machinery (3581-3582, P 3586-3589). 27) Search, detection, navigation, guidance, aeronautical, and P nautical systems and instruments (3812). 28) Special industry machinery, except metalworking (3552-3559). P 29) Surgical, medical, and dental instruments and supplies (3841- P 3845). 30) Transportation equipment, not elsewhere classified (3799). P 31) Watches, clocks, clockwork operated devices, and parts (3873). P 32) Any other Economic Development use which is comparable in P nature with the list of permitted uses contained herein and consistent with the purpose and intent statement of the GGPOD as determined by the Hearing Examiner or Board of Zoning Appeals, pursuant to LDC section 10.02.06. Notes: 1 See LDC section 2.03.07 F.6.for specific prohibitions in the GGPOD. 2 See LDC section 4.02.26 B.14.for pollution control standards. 3 See LDC section 4.02.26 C. for design standards specific to Economic Development uses. 4 Vertical mixed use developments shall be permitted uses. 6. Prohibited uses.These uses are prohibited, except that uses existing as of March 16, 2021 may continue to operate as a permitted use until the use ceases for a period of one year.This section does not apply to the uses allowed in the underlying zoning district. a. Prohibited uses in the GGPOD-AC and GGPOD-DT. Ancillary plants. ii. Animal specialty services, except veterinary (0752, with outdoor kenneling). iii. Automobile dealers (5511 and 5599). iv. Automobile parking (7521), tow-in parking lots only. v. Automotive services (7549). vi. Automotive repair services (7532-7539). vii. Boat dealers (5551). viii. Building construction (1521-1542). Supp.No.23 LDC2:86.42.1 COLLIER COUNTY LAND DEVELOPMENT CODE 2.03.07F.6. 2.03.07 F.6. ix. Car washes (7542). x. Carpentry and floor work contractors (1751, 1752). xi. Communication towers. xii. Concrete work (1771). xiii. Correctional institutions (9223). xiv. Electrical contractors (1731). xv. Equipment Rental and Leasing, Not Elsewhere Classified (7359 - airplane rental and leasing; industrial truck rental and leasing; oil field equipment rental and leasing; oil well drilling equipment rental and leasing; and toilets, portable: rental and leasing only). xvi. Farm product raw materials (5153-5159). xvii. Fuel dealers (5983-5989). xviii. Gasoline service stations (5541). xix. Glass and glazing work (1793). xx. Golf courses, public (7992). xxi. Heating and air-conditioning contractors (1711). xxii. Heavy construction equipment rental and leasing (7353). xxiii. Installation or erection of building equipment contractors (1796). xxiv. Local trucking without storage (4212). xxv. Marinas (4493 and 4499). xxvi. Masonry, stonework, tile setting and plastering contractors (1741-1743). xxvii. Mobile home dealers (5271). xxviii. Motion picture theatres, drive-in (7833). xxix. Motor freight transportation and warehousing (4225). xxx. Motor vehicle dealers, new and used (5511, 5521). xxxi. Motorcycle dealers (5571). xxxii. Outdoor storage yards. xxxiii. Packing Services (4783). xxxiv. Painting and paper hanging (1721). Supp.No.23 LDC2:86.42.2 ZONING DISTRICTS AND USES 2.03.07 F6. 2.03.07 G. xxxv. Passenger car leasing (7515). xxxvi. Passenger car rental (7514). xxxvii. Plumbing contractors (1711). xxxviii. Recreational vehicle dealers (5561). xxxix. Roofing, siding and sheet metal work contractors (1761). xl. Special trade contractors, not elsewhere classified (1799). xli. Structural steel erection contractors (1791). xlii. Taxicabs (4121). xliii. Truck rental and leasing, without drivers (7513). xliv. Veterinary services (0741 & 0742, with outdoor kenneling). xlv. Utility trailer and recreational vehicle rental (7519). b. Additional prohibitions for the GGPOD-DT only. No automatic food and drink vending machines located outside of a building. ii. Enameling, painting, or plating as a principal use is prohibited; however, these are permitted if accessory to an artist or craft studio. iii. Prisons,detention facilities,halfway houses,soup kitchens,homeless shelters, and single-room occupancy hotels, which are dormitory-style hotels with shared bathrooms and public space. G. Immokalee Urban Overlay District. To create the Immokalee Urban Overlay District with distinct subdistricts for the purpose of establishing development criteria suitable for the unique land use needs of the Immokalee Community. The boundaries of the Immokalee Urban Overlay District are delineated on the maps below. Supp.No.23 LDC2:86.42.3 COLLIER COUNTY LAND DEVELOPMENT CODE 2.03.07 G. 2.03.07 G. IMMOKALEE URBAN AREA OVERLAY W WEST HALF U Q A-MHO VR MH VR PUD WE}STCLOX ST _.. RSF-5(4) '�-14 RSF-3 2F ~�'\ Fr- MH(4) CF A PUD AMHO C' 42 POD-"" LAKE TRAFF RD ��'.� C-4z RSF 3'rr��,f A-MHO - C-3 VR,RMr-d w' i r� 14 RSF-3 VR PUD ij RSFcg.� A•MHO MH RSF-5 C-4 RMF-6 PUD MH PUD PUD PUD RSF-3 MH MH TRAFFORD VR O-4 RSF 4 A-MHO RMF-6 C- PUD R1ViMdddd.IM,r W ... F•S_....,.-_ .O4�.mi7 RMF-6 p VR A-MHO VR PUD RSF-4 W Z J S U Supp.No.23 LDC2:86.42.4 ZONING DISTRICTS AND USES 2.03.07 G. 2.03.07 G.1. IMMOKALEE URBAN AREA OVERLAY x EAST HALF U i 1 L! PUo J IMMOKALEE REGIONAL AIRPORT i A-MHO AMOHO 1—VII 1" �`L F �+ I H . A-MHO ruJle PUD ftSF-41 '�.. ) •U• _ 1 Q 1. State Road 29 Commercial Overlay Subdistrict: Special conditions for the properties abutting SR-29, as identified in the Immokalee Area Master Plan; referenced on Map 2; and further identified by the designation "SR29COSD" on the applicable official Collier County Zoning Atlas Maps.The purpose of this designation is to provide for retail, office, transient lodging facilities, and highway commercial uses that serve the needs of the traveling public. These commercial uses must be located on a major arterial or collector roadway. The provisions of this subdistrict are intended to provide an increased commercial depth along SR-29 with development standards that will ensure coordinated access and appropriate landscaping and buffering compatible with nearby residential properties. Supp.No.24 LDC2:86.42.5 ZONING DISTRICTS AND USES 2.03.07 G.1. 2.03.07 G.2. S.R. 29 COMMERCIAL OVERLAY SUBDISTRICT (SR29COSD) ►•,��#'♦i ,/ 19 ,\�♦♦I�,0 C • .�•Oj�♦I♦�1��♦ ��♦ •♦1•�I �1 Ii' • Ill II —I Igh 4. ��♦ ammo ��•��1 IIIIII h 1 ■ P, -ig,imona: 1 INN iu•u _ IF " II 11 - =wIrLt" IIIJJMIIIII iiii r1N= II 11ii in1_m 111 = ■�. iiii-IMI'11■ sm Nom !IL ii =' i. E,1111� mp lili N I miilin N I "• 8 .. s N:.. I INDICATES S.R. 29 1� � COMMERCIAL OVERLAY G SUBDISTRICT (SR29COSD) li PREPARED BY GRAPNTS MO TECHNICAL SUPPORT SECT. DATE:BADBDE`RRE mzsmsu.DWG "`"T"gn.,as wvsa I J S.R. 29 COMMERCIAL OVERLAY SUBDISTRICT (SR29COSD) 2. Jefferson Avenue Commercial Overlay Subdistrict: Special conditions for the properties abutting Jefferson Avenue as identified in the Immokalee Area Master Plan; referenced on Map 3; and further identified by the designation "JACOSD" on the applicable official Collier County Zoning Atlas Maps. The purpose of this designation is to provide for retail, office, transient lodging facilities and highway commercial uses that serve the needs of the traveling public.These commercial uses must be located on a major arterial or collector roadway.The Supp. No. 5 LDC2:86.43 COLLIER COUNTY LAND DEVELOPMENT CODE 2.03.07 G.2. 2.03.07 G.3. provisions of this subdistrict are intended to provide an increased commercial opportunity ""� along Jefferson Avenue with development standards that will ensure coordinated access and appropriate landscaping and buffering to be compatible with nearby residential properties. _ JEFFERSON AVENUE COMMERCIAL. OVERLAY SUBDISTRICT 1JACOSDl il ille 4,-it K _ r ` `�;, i. r °E' er.. • r `. A"\*)5.>,,e)N\. /><>/<2;*,,N.,, , .,••• *‘••, *•.., 0,",'',/,:i,"."'N'EffeN .5 --1`)//4.,",,, - - ..--> ''' N'd>,.., ->" ,,, -,7;47>/ ."-,./N V.'N'<,..< 1NS, „-::.4.. /J} ' fir± V..4/ 4. / i>3,7/„;:x*k .4, K \y l „? )),.-) , N,..,,, ‘4,,„.„. s • ">e< N 2 •fr N> . ..., zz"NN, ,,,, . INIo., , , ..,, ,, ,./. ,..„>‘ ,..., ..),› }� r owsu:Arts JEtvER5t7M Avr4414t 047 rr r,�wcs.w +a..40=....trrx at4414 ovrIn„ay suevos met (JAt'.O3o) 4P�Ar.M K�M�+sbf W/MnWYrIM ru++ru1 MMM66 Jr,rtot$tk4 Avt,t4poit Cc aMERO4. OVERLAY skreoesnetcl (JACU140) "..... .,, 3. Farm Market Overlay Subdistrict: Special conditions for the properties identified on Map 4; and further identified by the designation "FMOSD" on the applicable official Collier County Zoning Atlas Maps.The purpose of this designation is to provide for wholesale and retail uses, outdoor agricultural product displays and sales areas, truck parking, and packing houses �. and associated uses. The provisions of this subdistrict are intended to provide retail and wholesale opportunities for agricultural businesses as well as provide truck parking for Supp. No. 5 LDC2:86.44 ZONING DISTRICTS AND USES 2.03.07 G.3. 2.03.07 G.3. agricultural sales but not within roadways and rights-of-way. The development standards contained herein have been designed to enhance and encourage development and redevel- \.-- opment. a. Permitted uses: All permitted uses within the underlying zoning districts, and the following uses, as identified in the Standard Industrial Classification Manual (1987), are permitted as a right in this sub-district. 1. Agricultural Services (0723) 2. Wholesale Trade (5148) 3. Agricultural Outdoor Sales. Outdoor sales of agricultural products are permitted on improved or unimproved properties provided the applicant submits a site development plan which demonstrates that provisions will be made to adequately address the following: i. Vehicular and pedestrian traffic safety measures. ii. Parking for undeveloped properties will be calculated at a rate of 1/250 square feet of merchandise area. A maximum of ten (10) percent of the parking required by section 4.05.04 of this LDC may be occupied or otherwise rendered unusable by the placement of temporary structures, equipment, signs, and merchandise. The minimum number of disabled parking spaces pursuant to section 4.05.07 shall be required. iii. Limited hours of operation. iv. Fencing, lighting. v. Fire protection measures. vi. Sanitary facilities. vii. The applicant shall provide a notarized letter from the property owner granting permission to utilize the subject property for agricul- tural outdoor sales. viii. The placement of one (1) sign, a maximum of thirty-two (32) square feet, or two (2) such signs for properties containing more than one (1) street frontage shall be permitted. ix. Agricultural products may be sold from a vehicle provided that the vehicle is not located in the road right-of-way. x. Agricultural products may be displayed within any front yard provided it does not adversely affect pedestrian or vehicular traffic or public health or safety and is not located within the road rights-of- way. Supp. No. 5 LDC2:86.45 COLLIER COUNTY LAND DEVELOPMENT CODE 2.03.07 G.3. 2.03.07 G.3. xi. A minimum 5-foot landscape buffer shall be required adjacent to any road rights-of-way. 4. Petroleum Bulk Stations and Terminals(5171) and Petroleum and Petroleum Products Wholesalers, (5172 — gasoline: Buying in bulk and selling to farmers — wholesale only) provided: i. Separation requirements:There shall be a minimum distance of 500 linear feet between the nearest points on any lot or parcel of land containing such proposed operations, and any lot or parcel which is already occupied by such operation, of for which a building permit has been issued. ii. Waiver of separation requirements: The board of zoning appeals may by resolution grant a waiver of part or all of the minimum separation requirements set forth above pursuant to section 10.08.00. iii. Separation from residentially zoned lands:There shall be a minimum distance of 500 linear feet from all residentially zoned land. iv. Maximum lot area: Two acres. c. Accessory uses: 1. Uses and structures that are accessory and incidental to the permitted uses. Supp. No. 5 LDC2:86.46 ZONING DISTRICTS AND USES 2.03.07 G.3. 2.03.07 G.4. "..-- Map 4 FARM MARKET OVERLAY SUS-DISTRICT (FMOSDJ I <(/ \-, ��iir, /is''!. ' tf /��4i, r iir .. ,,,,, A "`�,'�' � jfijf�fl f ,„:;;,. ..,: -Air 7.4*,,,,,/ ,.,......ii ;,.....:› ),,,-. — ve...., N\ , .z.1 4,-'4,,/,// 1111111 .14, 4,,i,.... 4 tail%eft, 111111111 __ _IMO� Li all grAl IIIIIIIIII ws.ertem 1111111 RIMr oesimmorraill wwwt...rr .01111111 Illf •!--:r.ill Mill aniimmis = ==litiiiii . 111111111 ffe :'!!r ISH tilt to R= `...,. amiliii Iiil 11t illil]I Ali iill Ut Ui 1y 1I1I 1�1111111�1hllll qm ,� «'wit w �� al Iiiiit,„*„,„,,,,aram„�rrrtta. . till. rrw r.tw1 9eVIr :7, 141;11144A0t ,fC" i 7011Pr„,./1..A, 1.1\4 0 0 = ''.,,„,. ,..'7', .....11, frimismaiimi zlismr.: .....N._ 40) < = = las!tiw, ,.... ....t....... ... ...,,rwim , 'V Ti till �E�= ,[Ili •i •�r Ili ...A. Z ---�-- nes CHIN a o +r s —asr�cr .L 1 y y FARM MAPAKET OVERLAY .ie-ptsTrocr<mosgt 4. Agribusiness Overlay Subdistrict. Special conditions for the properties identified on Map 5; and further identified by the designation "AOSD" on the applicable official Collier County Zoning Atlas Maps. The purpose of this designation is to provide for wholesale uses and Supp. No. 5 LDC2:86.47 COLLIER COUNTY LAND DEVELOPMENT CODE 2.03.07 G.4. 2.03.07 G.4. agricultural packing houses and associated uses. The provisions of this subdistrict are intended to provide additional lands for agricultural related businesses and expansion opportunities for existing agribusiness. The development standards contained herein have been designed to permit consistent land uses within the AOSD boundary. a. Permitted uses: All permitted uses within the underlying zoning districts, and the following uses, as identified in the Standard Industrial Classification Manual (1987), are permitted as a right in this sub-district. 1. Agricultural Services (0723) 2. Wholesale Trade (5148) b. Accessory uses. 1. Uses and structures that are accessory and incidental to the permitted uses. Supp. No. 5 LDC2:86.48 ZONING DISTRICTS AND USES 2.03.07 G.4. 2.03.07 GA. ...... i AGRIBUSINESS OVERLAY SUB-DISTRICT (AOSD) ,,,c,/.• \,,.. . / • ,,,,,, „ ,„„ ,,, ,, „ , .. ., ,>,,,, A / 7,41 `,e.. / ------_- ; :„ s... , iffret, A, ,,„„f 0000S 000t1 • Ni‘ /.•^j VI ,441,11 1, .. . '.. - eo, fr e ... i 4/ % '/ ;40 4'j ei;,. r., 7 , .C., ,./)',/, pr,,,, ........7 I 1 --- ....tt,t ' _.= ......-... ' ' - • 0, ,=-......,----,--.=.= I .1_ 3•4416,;i,q7," ,--77.-LIF-1 ._ 1-1--1-- --1 i— r- 11111111111111I /oil $7,///4,r- #1'° ./ _ - _ --- Ill III! 11111111111M *-- 74,j,/ '/ , ///, /'/,''',9'' - —._ .... „/.1 , ' •2 ' 1 // '/ /".74-,,,./1„, - , /'// , - - -p IN i II/1 1111 11 111110111M • 40`.4. "414,../ri,/ e, - *-- * 44.,,,,, i•te ....- - - _ — —' FrtInICI f II 111111.11111 11E1111= --- -- = 0 1 - ;I: '1-'1 li-H14'1.- li --1111-1=i -,:-.LIE-110—=-11-1.—iMalTT 1 Vi• E '''''..,,,,,,, ••••••••••••••• INMATES AGRiBUSINESS OVERLAY SUB-MIMI ,,,r,— 1 1 Ol• 0000 0 0000 0!0004$000. — ----ACRIBUSI-NESS OVERLAY SOB-DISTRICT (AOSD) *........ Supp.No.15 LDC2:86.49 COLLIER COUNTY LAND DEVELOPMENT CODE 2.03.07 G.5. 2.03.07 G.5. 5. Main Street Overlay Subdistrict.Special conditions for the properties identified in the Immokalee Area Master Plan;referenced on Map 7;and further identified by the designation"MSOSD"on the applicable official Collier County Zoning Atlas Maps.The purpose of this designation is to encourage development and redevelopment by enhancing and beautifying the downtown Main Street area through flexible design and development standards. a. Permitted uses.For all properties within the Main Street Overlay Subdistrict,except for properties hatched as indicated on Map 7, the Main Street Overlay Subdistrict, all permitted uses within the uses within the underlying zoning districts contained within this Subdistrict,and the following uses may be permitted as of right in this Subdistrict: 1. Hotel and motels (7011) 2. Communication towers,as defined in section 5.05.09,subject to the following: i. Such tower is an essential service use as defined by subsection 2.01.03 A.4;and ii. Such tower may not exceed a height of 75 feet above grade including any antennas attached thereto. b. Permitted uses. For hatched properties within the Main Street Overlay Subdistrict, all permitted uses within the underlying zoning districts contained within this Subdistrict, and the following uses are permitted as of right in this Subdistrict: 1. All uses allowed in the Commercial Professional District (C-1), of this Code, except for group 7521. 2. Communication towers, as defined in section 5.05.09 subject to the following: i. Such tower is an essential service use as defined by subsection 2.01.03 A.4;and ii. Such tower may not exceed a height of 75 feet above grade including any antennas attached thereto. c. Prohibited uses.All uses prohibited within the underlying residential and commercial zoning districts contained within this Subdistrict, and the following uses, shall be prohibited on properties with frontage on Main Street in between First Street and Ninth Street in the Main Street Overlay Subdistrict: 1. Automobile parking (7521). 2. Automotive dealers (5511, 5521, 5531 installation, 5551, 5561, 5571, 5599). 3. Facility with fuel pumps. 4. Primary uses such as convenience stores and grocery stores are prohibited from servicing and repairing vehicles in conjunction with the sale of gasoline. 5. Automotive repair, services, parking (7514, 7515, 7521) and carwashes (7542). Supp.No.15 LDC2:86.50 ZONING DISTRICTS AND USES 2.03.07 G.S. 2.03.07 G.S. 6. Radio and television repair shops (7622 automotive). 7. Outdoor storage yards and outdoor storage. 8. Drive-through areas. 9. Warehousing (4225). 10. Communication towers, as defined in section 5.05.09 of this Code,except as otherwise permitted in this Subdistrict. 11. Any other heavy commercial use which is comparable in nature with the forgoing uses and is deemed inconsistent with the intent of this Subdistrict shall be prohibited. d. Accessory uses. 1. Uses and structures that are accessory and incidental to the permitted uses as of right in the underlying zoning districts contained within this subdistrict and are not otherwise prohibited by this subdistrict. 2. Communication towers, as defined in section 5.05.09 subject to the following: i. Such tower is an essential service use as defined by subsection 2.01.03 A.4.; and ii. Such tower may not exceed a height of 75 feet above grade including any antennas attached thereto. e. Conditional uses. 1. Conditional uses of the underlying zoning districts contained within the subdistrict, subject to the standards and procedures established in LDC section 10.08.00 and as set forth below: i. Local and suburban passenger transportation (4131, 4173) located upon commercially zoned properties within the Main Street Overlay Subdistrict. ii. Communication towers, as defined in section 5.05.09 of this Code for essential service uses as defined by subsection 2.01.03 A.4 that exceed a height of 75 feet above grade including any antennas attached thereto. iii. The following conditional uses may be permitted only on properties with frontage on North First Street, South First Street, and North Ninth Street within the Main Street Overlay Subdistrict: a. Automobile parking (7521). b. Automotive dealers (5511, 5521, 5531 installation, 5551, ..- 5561, 5571, 5599). Supp.No.22 LDC2:86.51 COLLIER COUNTY LAND DEVELOPMENT CODE 2.03.07 G.S. 2.03.07 G.S. c. Facility with fuel pumps. d. Automotive repair, services, parking (7514, 7515, 7521) and carwashes (7542). e. Radio and television repair shops (7622 automotive). f. Outdoor storage yards and outdoor storage. g. Drive-through areas. h. Warehousing (4225). Communication towers, as defined in LDC section 5.05.09, except as otherwise permitted in this Subdistrict. f. Special requirements for outdoor display and sale of merchandise. Outdoor display and sale of merchandise, within the front and side 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 is indicated on the proprietors' occupational license. b) The outdoor display/sale of merchandise is permitted on improved commercially zoned properties and is subject to the submission of a site development plan that demonstrates that provisions will be made to adequately address the following: i) Vehicular and pedestrian traffic safety measures. ii) Location of sale/display of merchandise in relation to parking areas. iii) Fire protection measures. iv) Limited hours of operation from dawn until dusk. ii. Outdoor display and sale of merchandise within the sidewalk area only shall be permitted in conjunction with "Main Street" approved vendor carts, provided the applicant submits a site development plan which demonstrates that provisions will be made to adequately address the following: a) Location of sale/display of merchandise in relation to road rights-of- way; b) Vendor carts are located on sidewalks that afford the applicant a five (5) foot clearance for non-obstructed pedestrian traffic; and Supp.No.22 LDC2:86.52 c)Limited hours of operation from dawn until dusk. 6.Nonconforming Mobile Home Site Overlay Subdistrict.Establishment of special conditions for these properties which by virtue of actions preceding the adoption of Ordinance No. 91-102, on October 30, 1991, were deemed to be nonconforming as a result of inconsisten- cies with the land development code, and are located within the Immokalee Urban Boundary as depicted on the Immokalee Area Master Plan. a.Purpose and intent. The purpose of these provisions is to recognize that there are nonconforming mobile homes on properties in the Immokalee Urban Area and to establish a process to provide property owners an official record acknowledging the permitted use of the property and render existing mobile homes, and other structures, as lawful. Travel trailers, regardless of the square footage, are not permitted as a permanent habitable structure and may not seek relief under this section. Properties that cannot meet the requirements may pursue an agreement with the Board of County Commissioners to establish compliance with this LDC section 2.03.07 G.6. b.Application requirements. Property owners shall file an application as provided for in the Administrative Code, Chapter 4, Section I.3.a. - Immokalee Nonconforming Mobile Home Sites - Existing Conditions Site Improvement Plan and shall only be subject to the criteria, requirements, and process expressly stated in the Administra- tive Code and this LDC section. Map 7 - Main Street Overlay Subdistrict ZONING DISTRICTS AND USES 2.03.07 G.5.2.03.07 G.6.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC2:86.53Supp. No. 25 c.Criteria for review. The following criteria shall apply to the existing conditions site improvement plan approval process and shall be reviewed by the County Manager or designee. i.Minimum separation requirements shall be consistent with State Fire Marshal Rule 69A-42.0041 Fire Separation Requirements. ii.The Fire authority having jurisdiction shall provide written confirmation that either the existing fire hydrant(s) or a supplemental apparatus, provided by the Fire District, can supply the required fire flow needed for fire protection. iii.NFPA 501A: Standard for Fire Safety Criteria for Manufactured Home Installations, Sites, and Communities as referenced in FAC 69A-60.005. d. Density. Once the existing conditions site improvement plan is approved, owners may replace mobile home units with an approved building permit at sites shown on the site plan. Replacement units may be larger than the removed unit, so long as the minimum separation standards established in LDC section 2.03.06 G.6.c.i are met. i.Where properties currently exceed the density allowed for by the zoning district, the approved existing conditions site improvement plan shall establish the maximum density on the property which shall not exceed the density of the property as depicted on the Property Appraiser aerial maps dated before February 2016. All lots and units shall be consistent with the approved existing conditions site improvement plan. ii.Where the zoning district allows for additional density, new mobile home units may be added and shall be identified on the site plan. New mobile homes shall be subject to the dimensional standards established in LDC section 4.02.33. 7.Interim Deviations:Property owners within the Immokalee Urban Overlay District may request deviations from specific dimensional requirements as described in this section. A deviation request may be reviewed administratively or by the Planning Commission depending upon its scope.This section addresses the permissible deviations, limitations thereon, and the review process. a.Review Process.Insubstantial deviations will be reviewed administratively by the County Manager or designee.Substantial deviations will be reviewed by the Planning Commission. This section is not intended to replace the current established process of requesting deviations through the PUD rezoning process.Any deviations from the LDC which are not expressly provided for in this section shall be processed as variances in accordance with Section 9.04.00 of the LDC. b.Concurrent Deviation Application required.All deviation requests shall be made concurrently with an application for an SDP or amendment, SIP or amendment or Final Subdivision Plat, or in the case of sign deviations, with a building permit. The applicant shall list all requested deviations on the required site plan(s), and shall depict the deviation(s) graphically on the plan(s).Additional graphic information may also be required by staff, on a case-by case basis. COLLIER COUNTY LAND DEVELOPMENT CODE 2.03.07 G.6.2.03.07 G.7.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC2:86.54Supp. No. 25 ZONING DISTRICTS AND USES 2.03.07 G.7. 2.03.07 G.7. c. Insubstantial Deviations. Requested deviations that do not exceed 10 percent of the required dimension, amount, size, or other applicable dimensional standard, with the Supp.No.15 LDC2:86.54.1 ZONING DISTRICTS AND USES 2.03.07 G.7. 2.03.07 G.7 exception of the required number of parking spaces, which may not exceed 20 percent of the LDC requirement (not more than 10 spaces), are insubstantial.To be approved, the following criteria must be considered: The proposed deviation is compatible with adjacent land uses and structures, achieves the requirements of the regulations as closely as is practicable, and meets the intent of the related Land Development Code regulations; and ii. The applicant proposes equitable tradeoffs for the proposed diminution in development standards, such as increased open space, landscaping, pedestrian spaces, buffering or architectural features, in order to meet the intent of the regulation being diminished. d. Substantial Deviations. Requested deviations that do not qualify as insubstantial deviations are substantial deviations: Considerations for Review and Approval: The CCPC shall consider the following: a) Whether or not the proposed deviation is compatible with adjacent land uses and achieves the requirements and/or intent of the regulations as closely as is practicable; and b) Whether the proposed deviation is the minimum amount necessary to allow for reasonable use of the property and/or address the issue necessitating the deviation request; and c) Whether the reduced or increased standard requested by the deviation is mitigated for, either on the subject site or by providing a public benefit on the subject site.Examples of such on-site mitigation include but are not limited to:increasing setbacks from the adjacent road right-of-way when proposing to deviate from sign size limita- tions; increasing plantings or planting sizes or installing a fence or wall where a reduced buffer width is proposed; providing public pedestrian and/or bicycle pathway easements or other similar mobility improvements including transit enhancements; providing public parking; providing beautification in the public realm, including street trees,street furniture,lighting and other similar public benefits. e. Applicability - List of Development Standards Eligible for Deviation Requests. Property owners shall be eligible to seek a deviation from the dimensional require- ments of the following LDC sections, unless otherwise noted. 2.03.01 Agricultural Zoning Districts, limited to subsection A.1.b.4.ii. ii. 2.03.03 Commercial Zoning Districts, limited to the following subsections: a) A.1.c.11.vii. limited to a maximum of three stories, viii., and ix.; and b) E.1.c.4.iv. Supp.No.21 LDC2:86.55 COLLIER COUNTY LAND DEVELOPMENT CODE 2.03.07 G.7. 2.03.07 G.7. iii. 2.03.04 Industrial Zoning Districts, limited to subsection A.1.c.2.iv., minimum lot area only. iv. 3.05.07 B.1 Preservation Standards, Specific Standards Applicable Outside the RMFU and RLSA districts, Required Preservation Percentages (Table 1 inset). v. 4.02.01 A Dimensional Standards for Principal Uses in Base Zoning Districts: a) Table 1.Lot Design Requirements for Principal Uses in Base Zoning Districts; b) Table 2. Building Dimension Standards for Principal Uses in Base Zoning Districts, excluding building height and in the case of commercial parcels, no deviation shall be granted,for new develop- ment, from the required 50-foot building setback when abutting residentially zoned properties, or from the minimum 10-foot wide landscaped strip between the abutting road right-of-way and the off-street parking area for new development, but deviations from these requirements may be considered in the case of redevelopment where existing structures and/or encroachments are proposed to remain; c) Table 2.1 - Table Of Minimum Yard Requirements (Setbacks) for Base Zoning Districts. vi. 4.02.02 Dimensional Standards for Conditional Uses and Accessory Uses in Base Zoning Districts, limited to subsection E (Table Inset), except building height. vii. 4.02.03 Specific Standards for Location of Accessory Buildings and Structures, Dimensional Standards, except that in the case of new develop- ment on commercial parcels, no deviation shall be granted from the required 50-foot building setback when abutting residentially zoned properties, or from the minimum 10-foot wide landscaped strip between the abutting road right-of-way and the off-street parking area. Deviations from these require- ments may be considered in the case of redevelopment where existing structures and/or encroachments are proposed to remain. viii. 4.02.03 B Accessory Building Lot Coverage. ix. 4.02.27 C Specific Design Standards for the Immokalee—State Road 29A Commercial Overlay Subdistrict, Building Design Standards. x. 4.02.28 A Same—Jefferson Avenue Commercial Overlay Subdistrict, Build- ing Design Standards. xi. 4.02.29 A Same—Farm Market Overlay Subdistrict, Dimensional Standards. Supp.No.21 LDC2:86.56 ZONING DISTRICTS AND USES 2.03.07 G.7. 2.03.07 G.7. xii. 4.02.32 Same—Main Street Overlay Subdistrict, limited to the following subsections:A.; C.1; D.3 and D.4; and E.1, E.2, and E.3. xiii. 4.05.04 G (Spaces Required) Table 17 and 4.05.06 B Loading Space Requirements, utilizing the existing administrative deviation process set forth in LDC section 4.05.04 F.4., recognizing that the reduced need for off-street parking in Immokalee may be offered as a viable basis for such administrative deviation. xiv. 4.06.02 C Buffer Requirements (limited to required width) except that in the case of new development on commercial parcels, no deviation shall be granted from the required 50-foot building setback when abutting residentially zoned properties, or from the minimum 10-foot wide landscaped strip between the abutting road right-of-way and the off-street parking area. Deviations from these requirements may be considered in the case of redevelopment where existing structures and/or encroachments are proposed to remain. xv. 4.06.03 B Landscaping Requirements for Vehicular Use Areas and Rights- of-Way, Standards for Landscaping in Vehicular Use Areas. xvi. 4.06.05 B General Landscaping Requirements, Landscaping requirements for industrial and commercial development, limited to subsection B.3. xvii. 4.06.05 C General Landscaping Requirements, Building Foundation Plant- ing Requirements (including Table Inset). xviii. 5.05.08 C Architectural and Site Design Standards,Building Design Standards. Deviations from non-dimensional provisions of this section are also allowed as substantial deviations. xix. 5.05.08 D Design Standards for Specific Uses. Deviations from non- dimensional provisions of this section are also allowed as substantial deviations. xx. 5.05.08 E Architectural and Site Design Standards, Site Design Standards, limited to subsections 1.b; 2; 3; 4; 5 and 7. Deviations from non-dimensional provisions of this section are also allowed as substantial deviations. Note: Nothing in LDC section 5.05.08, Architectural and Site Design Standards, shall be deemed to prohibit the use of murals on exterior walls of commercial buildings in the Immokalee Urban Overlay District, provided that: 1) such murals are reviewed and accepted by the Collier County Redevelopment Agency staff; and 2) such murals do not contain text for the purpose of advertising any business or commercial activity. xxi. 5.06.04 Development Standards for Signs in Nonresidential Districts, limited to subsection F. f. Duration of these provisions. These provisions are interim in nature and will be in effect until the effective date of Comprehensive Immokalee Overlay LDC amend- ments. Supp.No.21 LDC2:86.57 COLLIER COUNTY LAND DEVELOPMENT CODE 2.03.07 G.7. 2.03.07 H.S. g. Public Notice. Public notice, including signage, notice to property owners and an advertised public hearing, is required for substantial deviation requests and shall be provided in accordance with the applicable provisions of Section 10.03.05 B, for Variances. h. Appeals. Within 30 days of the issuance of the decision of staff or of the CCPC, the owner or any aggrieved person may appeal the decision to the Board of Zoning Appeals pursuant to Section No.250-58 of the Codes of Laws and Ordinances. H. Santa Barbara Commercial Overlay District (SBCO). Special conditions for properties abutting the east side of Santa Barbara Boulevard and the west side of 55th Terrace S.W., as referenced in the Santa Barbara Commercial Subdistrict Map (Map 7) of the Golden Gate Area Master Plan. This is referenced as figure 2.03.07 H. below. 1. The purpose and intent of this district is to provide Golden Gate City with additional opportunities for small scale commercial development to serve the surrounding neighbor- hoods and those traveling nearby.This district is intended to:contain low intensity uses which generate/attract relatively low traffic volumes; be appropriately landscaped and buffered to protect nearby residential areas; be architecturally designed so as to be compatible with nearby residential areas;and limit access to promote public safety and lessen interruptions to traffic flow on Santa Barbara Boulevard. 2. Aggregation of lots is strongly encouraged so as to allow greater flexibility in site design and ease in compliance with parking requirements and other development standards. 3. In order to reduce the potential conflicts that may result from residential and commercial uses being located in this district, existing residential uses, other than owner-occupied dwellings, are required to cease to exist within a specified time period.This does not require the removal of the residential structures if they can be,and are,converted to uses permitted in this district. 4. These regulations apply to properties abutting the east side of Santa Barbara Boulevard and the west side of 55th Terrace S.W., lying north of 27th Court S.W. and south of 22nd Place S.W., all in Golden Gate City, and consisting of approximately twenty-two (22) acres.These properties are identified on Map 7 of the Golden Gate Area Master Plan. Except as provided in this regulation, all other use, dimensional, and development requirements shall be as required or allowed in the underlying zoning categories. 5. Sidewalks. Projects shall provide sidewalks so as to encourage pedestrian and bicycle traffic.Adjacent projects shall coordinate the location and intersection of sidewalks. Supp.No.21 LDC2:86.58 ZONING DISTRICTS AND USES 2.03.07 H.5. 2.03.07 H.6. SANTA BARBARA COMMMRCIA6 SUBDISTRICT COWL,aaVNmy.I/ONOI i 7 11,1 i• l • au i a. ,.. ,�v.�i� tea' o .55 .. % OD i _ scole aa` i f 5 i1 1111111,11010111 E M I 11 C3 i10 oYBYYYWiYYYYYYDhCM P .• '; 1 aeeeeeii+eeeeeeo Bra 10 \:; .a1--a Ind al CIiIYilliwwwwwwY0 mg aeeeeeeneeeeeeo NI 1 NI „ E ossowirlYYiiVYYlifIYWO no °' mfaelieewelieeeiI r �s• ow a o OfiW Wu1IiiMVMD l \.� • ,n , • 0 4�ae�sseseso .w dra : orl�iiiiiiiiillalaYYo �' .' i l l Aeeeeeeeo o0 00 0 . 1117 P. �.,,..... ;� 'mmilgas�bav't0 �t 4 .t� .lam '0 tik . :�� poor aeeeev�,w IS,A wr .r` „o .�� o�fir►� a��$v� oov ,. 101 s oo o egiti `'ceeee '�s ' 91 ov vv"°'4,4��o I CIAL MM.°5.,awns MID DEDING4 51119 SCCWIll11 AWAY \\ mwlrsr OOIWWITY OE,QOP4Dli MC DIsMW41091.SOM.DM510N NU:00119-00.10519 5.R 5/20191 • awn .n Figure 2.03.07 H. 6. The following uses, as identified within the latest edition of the Standard Industrial Classifi- cation Manual, or as otherwise provided for within this section, are permitted as of right, or as uses accessory to permitted primary or secondary uses, or are conditional uses within the Santa Barbara Commercial Overlay District. a. Permitted uses. 1. Accounting (8721). 2. Adjustment and collection services (7322). 3. Advertising agencies (7311). 4. Amusement and recreation services (7999, bicycle and moped rental only). 5. Animal specialty services, except veterinary (0752, dog grooming and �' pedigree record services only) excluding outside kenneling. Supp. No. 6 LDC2:86.59 COLLIER COUNTY LAND DEVELOPMENT CODE 2.03.07 H.6. 2.03.07 H.6. 6. Apparel and accessory stores (5611-5699). 7. Architectural services (8712). 8. Auditing (8721). 9. Auto and home supply stores (5531). 10. Banks, credit unions and trusts (6011-6099). 11. Barber shops (7241). 12. Beauty shops (7231). 13. Bookkeeping services (8721). 14. Business associations (8611). 15. Business consulting services (8748). 16. Business credit institutions (6153-6159). 17. Child day care services (8351). 18. Civic, social and fraternal associations (8641). 19. Commercial art and graphic design (7336). 20. Commercial photography (7335). 21. Computer and computer software stores (5734). 22. Computer programming, data processing and other services (7371-7379). 23. Credit reporting services (7323). 24. Crematories (7261). 25. Dance studios, schools and halls, (7911). 26. Department stores (5311). 27. Direct mail advertising services (7331). 28. Drug stores (5912). 29. Eating places (5812, except contract feeding, dinner theaters, food service - institutional, industrial feeding). 30. Educational services. 31. Electrical and electronic repair shops, miscellaneous (7629 -except aircraft, business and office machines, large appliances, and white goods such as refrigerators and washing machines). Supp. No. 6 LDC2:86.60 ZONING DISTRICTS AND USES 2.03.07 H.6. 2.03.07 H.6. 32. Engineering services (8711). 33. Federal and federally-sponsored credit agencies (6111). 34. Food stores (5411 - except supermarkets, 5421-5499). 35. Funeral service (7261). 36. Garment pressing, and agents for laundries and drycleaners (7212). 37. General merchandise stores (5331-5399). 38. Glass stores (5231). 39. Group care facilities (category I and II, except for homeless shelters); care units, except for homeless shelters; nursing homes; assisted living facilities pursuant to § 429.02 F.S. and ch. 59A-36 F.A.C.; and continuing care retirement communities pursuant to ch. 651 F.S. and ch. 690-193 F.A.C.; all subject to LDC section 5.05.04. 40. Hardware stores (5251). 41. Health services, offices and clinics (8011-8049) 42. Home furniture and furnishings stores (5713-5719). 43. Home health care services (8082). 44. Insurance carriers, agents and brokers (6311-6399, 6411). 45. Labor unions (8631). 46. Landscape architects, consulting and planning (0781). 47. Laundries and dry cleaning, coin operated - self service (7215). 48. Legal services (8111). 49. Loan brokers (6163). 50. Management services (8741, 8742). 51. Membership organizations, miscellaneous (8699). 52. Mortgage bankers and loan correspondents (6162). 53. Museums and art galleries (8412). 54. Musical instrument stores (5736). 55. Paint stores (5231). 56. Personal credit institutions (6141). 57. Personnel supply services (7361 & 7363). Supp.No.23 LDC2:86.61 COLLIER COUNTY LAND DEVELOPMENT CODE 2.03.07 H.6. 2.03.07 H.6. 58. Photocopying and duplicating services (7334). 59. Photofinishing laboratories (7384). 60. Photographic studios (7221). 61. Physical fitness facilities (7991). 62. Political organizations (8651). 63. Professional membership organizations (8621). 64. Public administration (9111-9199, 9229, 9311, 9411-9451, 9511-9532, 9611-9661). 65. Public relations services (8743). 66. Radio, television and consumer electronics stores (5731). 67. Radio, television and publishers advertising representatives (7313). 68. Real estate (6521-6541). 69. Record and prerecorded tape stores (5735). 70. Religious organizations (8661). 71. Retail services, miscellaneous (5912, 5942-5961, 5992-5999). 72. Retail nurseries, lawn and garden supply stores (5261). 73. Secretarial and court reporting services (7338). 74. Security and commodity brokers, dealer, exchanges and services (6211-- 6289). 75. Shoe repair shops and shoeshine parlors (7251). 76. Social services, individual and family (8322 - activity centers, elderly or handicapped; adult day care centers; and, day care centers, adult and handicapped only). 77. Social services, not elsewhere classified (8399). 78. Surveying services (8713). 79. Tax return preparation services (7291). 80. United State Postal Service (4311 except major distribution center). 81. Veterinary services (0742 veterinarian's office only, excluding outdoor ken- neling.) 82. Videotape rental (7841). Supp.No.23 LDC2:86.62 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. GZO - Map 1 ZONING DISTRICTS AND USES 2.03.07 J.2.03.07 J.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC2:86.81Supp. No. 25 1.Permitted uses.The following uses are permitted as of right in this subdistrict: a.Clam nursery, subject to the following restrictions: i.A "clam nursery" is defined as the growing of clams on a "raceway" or "flow-through 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-through salt water system" is defined as a piece of plywood or similar material fashioned as a table-like flow through system designed to facilitate the growth of clams. 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 Agriculture. v.The nursery must not be operated on a vacant lot, unless both of the following 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 operating a clam farm within the RSF-4 and VR zoning districts. vi.At no time will a nursery owner be allowed to feed the clams, as the clams will be sustained from nutrients occurring 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 zoning districts. In other words, a landowner must not lease his property to another individual to use for purposes of operating 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 average system used for a non-commercial pool or shrimp tank 2. Conditional uses.The following uses are permitted as conditional uses in this subdistrict: Reserved. 3.Parking/storage of major recreational equipment,personal vehicles,and certain commercial vehicles. a.Within the VR and RSF-4 zoning districts, except for specifically designated travel trailer subdivisions, boats, trailers,recreational vehicles and other recreational equipment may be stored in any yard subject to the following conditions. i.Recreational equipment must not be used for living, sleeping, or housekeep- ing purposes when parked or stored. COLLIER COUNTY LAND DEVELOPMENT CODE 2.03.07 J.1.2.03.07 J.3.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC2:86.82Supp. No. 25 ii. Recreational vehicles or equipment must not exceed 35 feet in length. iii. Recreational vehicles or equipment must not be parked, stored or encroach in any county right-of-way easement. iv. Recreational vehicles or equipment that exceed 35 feet in length will be subject to the provisions of section 5.03.06 of this Code. b.Personal vehicles may be parked in drainage swales in the VR and RSF-4 zoning districts subject to the following conditions. i.No vehicle shall block or impede traffic. c.Commercial vehicles 35 feet in length or less will be allowed to park at the owner's home and in the drainage swale subject to the following conditions: i.No vehicle shall block or impede traffic; ii.Drainage must not be blocked or impeded in any way as a result of the parking in the swales; iii.Parking will only be permitted in driveways and not in yard areas; and iv.No more than two commercial vehicles may be parked at one residence/site, unless one or more of the vehicles is engaged in a construction or service operation on the residence/site where it is parked. The vehicle engaged in this service must be removed as soon as the construction or service is completed. For purposes of this subsection only, a commercial vehicle is defined as a van, pickup truck, or passenger car used for commercial purposes and licensed by the Department of Transportation.A vehicle is not considered a commercial vehicle merely by the display of a business name or other insignia. No other commercial vehicle, such as dump trucks, cement trucks, forklifts or other equipment used in the construction industry will be allowed to park at a residence or site overnight unless specifically approved by the County Manager or his designee. 4.Storage sheds.Parcels located off of BayshoreWay are allowed to retain any sheds that were constructed prior to October 17, 2003. Storage sheds for fishing and boat equipment on the boat dock parcels off of Bayshore Way constructed after October 17, 2003 are permissible if they comply with the following requirements: a.The appropriate building permit must be obtained. b.Bayshore Way setback: ten feet. c.Waterfront setback: ten feet. d.Side yard setback: 0 feet. e.Maximum size of shed: 144 square feet. ZONING DISTRICTS AND USES 2.03.07 J.3.2.03.07 J.4.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC2:86.83Supp. No. 25 5.Sign requirements.All signs existing as of October 17, 2003 in Goodland are exempt from the requirements of the Collier County sign ordinance (section 5.06.00) for five years from October 17, 2003 or until the sign is destroyed, whichever comes first.Any signs constructed after October 17, 2003 must strictly comply with section 5.06.00.Sign maintenance is limited to painting existing signs.All other maintenance or repairs will void the exemption and require the owner to construct a sign that strictly adheres to section 5.06.00 in the event that the owner wishes to have a sign. K.Activity Center #9 Overlay.The purpose of this designation is to create an enhanced entryway into the Naples urban area through appropriate, unified design elements and standards;the implementation of which will result in an attractive, positive image as outlined in the vision statement of theActivity Center #9 Interchange Master Plan. These regulations and the design standards located in section 4.02.23 apply to the following properties within Activity Center #9 as identified in the Interchange Master Plan Land Use Map: 1.All buildings and projects that are subject to the requirements of section 5.05.08 of this LDC. 2.Nonresidential land uses abutting any public street except industrial buildings internal to industrial PUD zoned project, that are located no less than 200 feet from the public street. L.Vanderbilt Beach Residential Tourist Overlay Zoning District (VBRTO). 1.Purpose and intent.The purpose and intent of this district is to encourage development and redevelopment of the Vanderbilt Beach area to be sensitive to the scale,compatibility and sense of place that exists in the Vanderbilt Beach area. This district is intended to: establish development standards which will protect view corridors, light and air movements between the Gulf of Mexico and the Vanderbilt Lagoon and prevent the creation of a canyon-like effect on each side of the narrow Gulfshore Drive. 2.Applicability.These regulations shall apply to theVanderbilt Beach ResidentialTourist Overlay District as identified on VBRTO Map VBRTO-1 and further identified by the designation "VBRTO" on the applicable official Collier County zoning atlas maps. Except as provided in this section of the code, all other uses, dimensional and development requirements shall be as required or allowed in the applicable underlying zoning district. COLLIER COUNTY LAND DEVELOPMENT CODE 2.03.07 J.5.2.03.07 L.2.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC2:86.84Supp. No. 25 ZONING DISTRICTS AND USES 2.03.07 L.3. 2.03.07 L.S. 3. Geographic boundaries:The boundaries of the Vanderbilt Beach Residential Tourist Overlay District are delineated on Map VBRTO-1 below. 401041 INNIPPll reeeesAnrgl ". _ 4..., ,,i,,,,, / =r w.i.ia.i 17.1 r�1"I.I.Lug] 1 �,. Oft1Rf,3-11%115111111rr1 A.1 1.1.IJ.I.I,i4.IJ1.w.I.1.1.I.I.1.I,1. n E• r li rr . . .. gi rria ,ati• r ,7% .-bey- "I;111 9 .....n14 Iit yeti di+ im �,.. :p OA .,III IIStnirr1 w+ .,,,...——3 a e it 1,, ...' ' scox ..,r.w. n Y or N WO e u:Jw mr w n u..w.M1..( VBRTO-1 4. Figures. The figures (1-4) used in this section are solely intended to provide a graphic example of conditions that will protect view corridors, light and air movements between the Gulf of Mexico and the Vanderbilt Lagoon and not as requirements for the style of specific projects. Variations from these figures, which nonetheless adhere to the provisions of this section,are permitted.The Community Character Plan For Collier County, Florida(April 2001) should be referenced as a guide for future development and redevelopment in the overlay district. 5. Development criteria. The following standards shall apply to all uses in this overlay district. a. Permitted uses. i. Hotels and motels. ii. Multi-family dwellings. iii. Family care facilities, subject to section 5.05.04. Supp. No. 5 LDC2:86.85 COLLIER COUNTY LAND DEVELOPMENT CODE 2.03.07 L.S. 2.03.07 L.6. iv. Timeshare facilities. b. Accessory uses. i. Uses and structures that are accessory and incidental to the uses permitted as of right in the Vanderbilt Beach Residential Tourist Overlay District (VBRTO). ii. Shops, personal service establishments, eating or drinking establishments, dancing and staged entertainment facilities, and meeting rooms and audito- riums where such uses are an integral part of a hotel or a motel and to be used by the patrons of the hotel/motel. iii. Private docks and boathouses, subject to sections 5.03.06 and 5.05.02. iv. Recreational facilities that serve as an integral part of the permitted use designated on a site development plan or preliminary subdivision plat that has been previously reviewed and approved which may include, but are not limited to: golf course clubhouse, community center building and tennis facilities, parks, playgrounds and playfields. c. Conditional uses. The following uses are permitted as conditional uses in the Vanderbilt Beach Residential Tourist Overlay District (VBRTO), subject to the standards and procedures established in section 10.08.00: i. Churches and other places of worship. ii. Marinas, subject to section 5.05.02. iii. Noncommercial boat launching facilities, subject to the applicable review criteria set forth in section 5.03.06. iv. Group care facilities (category I and II); care units; nursing homes; assisted living facilities pursuant to § 400.402 F.S. and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to § 651 F.S. and ch. 4-193 F.A.C.; all subject to section 5.05.04. v. Private clubs. vi. Yacht clubs. 6. Dimensional standards. The following dimensional standards shall apply to all permitted, accessory,and conditional uses in the Vanderbilt Beach Residential Tourist Overlay District (VBRTO). a. Minimum lot area. One contiguous acre, not bisected by a public right-of-way. b. Minimum lot width. 150 feet. c. Minimum yard requirements. i. Front yard: one-half the building height with a minimum of 30 feet. Supp. No. 5 LDC2:86.86 ZONING DISTRICTS AND USES 2.03.07 L.6. 2.03.07 L.13. ii. Side yards: one-half the building height with a minimum of 15 feet. iii. Rear yard: one-half the building height with a minimum of 30 feet. d. Maximum height:75 feet. The height of the building will be measured according to the definitions in section 1.08.02: building, actual height of and building, zoned height of. e. Maximum density permitted.A maximum of 26 units per acre for hotels and motels, and 16 units per acre for timeshares, multifamily, family care facilities. f. Distance between structures.The minimum horizontal distance separation between any two principal buildings on the same parcel of land may not be less than a distance equal to 15 feet or one-half of the sum of their heights, whichever is greater. For accessory buildings and structures dimensional criteria, see section 4.02.01. g. Floor area requirements. i. Three hundred (300) square foot minimum with a five hundred (500) square foot maximum for hotels and motels, except that twenty percent (20%) of the total units may exceed the maximum. ii. Timeshare/multifamily minimum area: efficiency (450 square feet), one bedroom (600 square feet), and two or more bedrooms (750 square feet). h. Maximum lot area coverage. (Reserved.) 7. Preservation of view corridors, light and air movements between the Gulf of Mexico and the Vanderbilt Lagoon. a. Figures 1-4, while not requirements, depict desired building relationships and view plane/angle of vision examples. Figures used in this section are solely intended to provide a graphic example of conditions that will protect view corridors, light and air movements between the Gulf of Mexico and the Vanderbilt Lagoon and not as requirements for the style of specific projects. Variations from these figures, which nonetheless adhere to the provisions of this section, are permitted. 8. Off-street parking and off-street loading. As required in Chapter 4 of this Code. 9. Landscaping requirements. As required in Chapter 4 of this Code. 10. Signs. As required in section 5.06.00 of this Code. 11. Coastal Construction Setback Lines (CCSL). As required in subsection 10.02.06 H. 12. Post-Disaster Recovery And Reconstruction Management. As required in the Code of Laws of Collier County. 13. Vested Rights. All projects within the Overlay District for which completed applications for rezoning, conditional use, variance, subdivision, site development plan or plat approval were filed with or approved by Collier County Prior to the adoption date of the moratorium January 9,2002, and subsequent amendments to LDC(moratorium provisions have expired), Supp. No. 5 LDC2:86.87 COLLIER COUNTY LAND DEVELOPMENT CODE 2.03.07 L.13. 2.03.07 L.13. shall be subject to the zoning regulations for this Residential Tourist Zoning District in effect at the time the application was deemed to be complete or at the time the application was approved and or not subject to the Vanderbilt Beach Residential Tourist Zoning Overlay regulations. For purposes of this provision, the term "completed application" shall mean any application which has been deemed sufficient by planning services staff and has been assigned an application request number. Supp. No. 5 LDC2:86.88 ZONING DISTRICTS AND USES 2.03.07 L.13. 2.03.07 L.13. LDC Section 2.03.07 (L)(7)(a) 111111 FIGURE- 1 Supp. No. 5 LDC2:86.89 COLLIER COUNTY LAND DEVELOPMENT CODE 2.03.07 L.13. 2.03.07 L.13. LDC Section 2.03.07 (L)(7)(a) 111 FIGURE-2 Supp. No. 5 LDC2:86.90 ZONING DISTRICTS AND USES 2.03.07 L.13. 2.03.07 L.13. ‘ .—...- LDC Section 2.03.07 (L)(7)(a) ......./ , I 1 i t . . „-,,,,,,, ,,,,„,-,,,,,I, ,-,\\,-,,,,,,K,,,\•,-,‘yi>---,-' „. -,-,/,,-.\<;/. :;•,-:•;-/w-;\%-/;>,:x- 's'2,-'::::>•:-..->.------,:\y-77,-,.\\,,/,-;„,..,',,-,»,\:\>>',/,/,,,,-.»,,,,>>\Y',///',..\‘Y//,',,,/// N',// //, FIGURE-3 •........- Supp. No. 5 LDC2:86.91 COLLIER COUNTY LAND DEVELOPMENT CODE 2.03.07 L.13. 2.03.07 L.13. LDC Section 2.03.07 (L)(7)(a) • 1 '\ . • • 1 t , %'/ , �,Y;%��Y/// . i / /n\->- i/\`,�>y/i i''��,'>//! T\/,/ >�/ //�\\\,'/'/2/��1, ' /\ '' L. i ID r SI r r • - E y - ' E t I !' FIGURE -4 Supp. No. 5 LDC2:86.92 ZONING DISTRICTS AND USES 2.03.07 P.3. 2.03.07 P.4. b. The following uses may be permitted only on lands adjacent to Church Street: Churches and places of worship. ii. Community centers. iii. Civic and cultural facilities. iv. Recreational facilities. v. Post Office. vi. Food Store (no gas services). c. Area of Critical State Concern (ACSC) and Environmental Compliance. Nothing herein shall exempt any land use from complying with the Area of Critical State Concern requirements of section 4.02.14 of the LDC. The development of single family dwellings on existing lots of record within the VR-ACSC/ST zoning district shall be exempt from requirements to provide an Environmental Impact Statement (EIS); however, any subdivision or site development plan may be required under section 10.02.02 of the Code to submit an EIS for review by Collier County. 4. Prohibited Uses. a. Multi-family dwelling units shall be prohibited on all VR zoned properties located within the Copeland Zoning Overlay as designated on the official zoning atlas map. Supp.No.23 LDC2:86.99 COLLIER COUNTY LAND DEVELOPMENT CODE 2.03.07 P.4. 2.03.07 P.4. CON-ACSC/ST A-ACSC/ST [ 4 CON-ACSC/ST I A-ACSC ST aui aliii �r 4 . A-ACSCIST ttlAr Mil a/i40 /140 .04for L., zAr �% "�'_,� .. s. . 4/A711 CON-ACSCIST C-D-ACSC/SIT r'�� ,le COPELAND A 4 4,0 /7- ZONING OVERLAY Mrager ii�i� COLLIER COUNTY,FLORIDA V �is%araa.�� SiVARAINOl �E�r.�-sai•0 ee►cee�Ar d�D:�r,4if im r' / A-ACSC ST %pi O .. ,. .L,Jr I LEGEND CZO 11.1 IM j// CON-ACSCST URBAN DESIGNATION BDUNDARY `grm OATE:u9/0000 nIL,CGPS000-U ONO-MAP-Ro00-000C5M Supp.No.23 LDC2:86.100 ZONING DISTRICTS AND USES 2.03.07 P.S. 2.03.07 Q.2. 5. Accessory Uses. a. Parking and storage of recreational equipment and commercial vehicles. Within the VR-ACSC/ST zoning district, boats, trailers, recreational vehicles or other licensed recreational equipment may be stored in any yard subject to the following conditions: a) Recreational vehicles and equipment may not be used for living, sleeping, or housekeeping purposes when parked or stored. b) Recreational vehicles or equipment stored under this section of the LDC shall not exceed 35 feet in length. c) Recreational vehicles exceeding 35 feet in length may only be parked or stored in accordance with section 2.01.00 of the LDC. d) No more than 2 commercial vehicles,35 feet or less in length,shall be permitted to be parked at the property owner's residence, unless 1 or more of the vehicles are temporarily engaged in construction or service operation. i) Parking for the property owner's licensed commercial vehicles shall only be permitted within driveways, garages, and/or carports in accordance with Collier County regula- tions. ii) Commercial vehicles greater than 35 feet or greater in length shall be prohibited from parking or being stored on residentially utilized property. e) Commercial equipment such as crab traps, and other seasonal commercial equipment may be stored on the owner's residential property in any yard. b. Keeping of animals/fowl as accessory use. On VR-ACSC/ST parcels a minimum of 2 acres in area or greater, individual property owners may keep a maximum of 25 poultry or fowl in total numbers, and a maximum of 2 horses or other livestock per acre. Q. Plantation Island Overlay (PIO). 1. Purpose. The purpose of the Plantation Island Overlay (PIO) is to provide for additional permitted uses within the geographic area known as Plantation Island. The PIO allows single-family dwellings as permitted uses in addition to the uses allowed by the underlying zoning. 2. Applicability. The PIO boundary is delineated on the map below. Unless specified otherwise in this section, the development standards shall be per the underlying zoning district and applicable standards of the Area of Critical State Concern-Special Treatment (ACSC-ST) overlay district. Supp.No.23 LDC2:86.101 COLLIER COUNTY LAND DEVELOPMENT CODE 2.03.07 Q.2. 2.03.07 Q.3. 14 13 IJ 34 w.�., Nor wimp as 1, solo. MN Flaming°DR Rip H ` III tti�t Plantation Island Overlay QOverlay Area 0 Feet 0 200 400 800 Map Data:1 t ti 312018 Ca er County Growth Management Ospsrtmant Operations 8 Regulatory Management Division lkowwin.a Ave waerwwwm cuo-aauwst am'ats n,w»« 20ta, 3•10..nwwaa.3si.,do..,twu1(37+131ant„3,311.,,e-.+sm«f 3. Permitted Uses. a. All principal and accessory uses permitted by right in the underlying zoning district as identified in LDC section 2.03.02. b. Single family dwellings. Supp.No.23 LDC2:86.102 4.Area of Critical State Concern (ACSC).Nothing herein shall exempt any land use from complying with the applicable design standards and requirements of the Area of Critical State Concern-Special Treatment (ACSC-ST) overlay district per LDC section 4.02.14. 5.Floodplain Protection.Nothing herein shall exempt any land use from complying with the applicable Floodplain Protection standards under LDC section 3.02.00. (Ord. No. 04-54, § 2; Ord. No. 04-72, § 3.E; Ord. No. 05-27, § 3.D; Ord. No. 05-49, § 3.A; Ord. No. 06-08, §§ 3.C—3.F; Ord. No. 06-63, §§ 3.E—3.H; Ord. No. 07-67, § 3.D; Ord. No. 07-68, § 3.B; Ord. No. 08-08, § 3.B; Ord.No.08-11, § 3.J; Ord.No.08-63, § 3.E; Ord.No.09-43, § 3.A; Ord.No.10-23, § 3.H; Ord.No.12-39, § 3.B; Ord. No. 14-33, § 3.D; Ord. No. 15-44, § 3.A; Ord. No. 16-27, § 3.F; Ord. No. 18-18, § 3.D; Ord. No. 19-09, § 3; Ord.No.19-35, § 3.A; Ord.No.20-16, § 3.C; Ord.No.20-44, § 3.E; Ord.No.21-05, § 3.F; Ord.No.21-14, § 3.B; Ord. No. 22-04, § 3.C) 2.03.08 Rural Fringe Zoning Districts A.Rural Fringe Mixed-Use District (RFMU District). 1.Purpose and scope. The purpose and intent of the RFMU District is to provide a transition between the Urban and Estates Designated lands and between the Urban and Agricultural/ Rural and Conservation designated lands farther to the east. The RFMU District employs a balanced approach, including both regulations and incentives, to protect natural resources and private property rights, providing for large areas of open space, and allowing, in designated areas, appropriate types, density and intensity of development.The RFMU District allows for a mixture of urban and rural levels of service, including limited extension of central water and sewer, schools, recreational facilities, commercial uses, and essential services deemed necessary to serve the residents of the RFMU District.The innovative planning and development techniques which are required and/or encouraged within the RFMU District were developed to preserve existing natural resources, including habitat for listed species, to retain a rural, pastoral, or park-like appearance from the major public rights-of-way, and to protect private property rights. a.Establishment of RFMU Zoning Overlay District. In order to implement the Rural Fringe Mixed Use District (RFMUD) designation in the Future Land Use Element (FLUE) of the GMP, the RFMU District shall be designated as "RFMUO" on the Official Zoning Atlas and is hereby established. The RFMU District replaces the underlying zoning district where that underlying zoning district isA, RuralAgricultural, except where development standards are omitted in the RFMU District. The County-wide Future Land Use Map is located in the Future Land Use Element of the GMP or can be obtained from the Growth Management Department, located at 2800 N. Horseshoe Drive, Naples, FL 34104.The lands included in the RFMU District and to which LDC section 2.03.08 apply are depicted by the following map: ZONING DISTRICTS AND USES 2.03.07 Q.4.2.03.08 A.1.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC2:86.103Supp. No. 25 b.Exemptions. The requirements, limitations and allowances of this section shall not apply to, affect or limit the continuation of existing uses. Existing uses shall include: those uses for which all required permits were issued prior to June 19, 2002; or, projects for which a Conditional use has been approved by the County prior to June 19, 2002; or, projects for which a Rezone petition has been approved by the County prior to June 19, COLLIER COUNTY LAND DEVELOPMENT CODE 2.03.08 A.1.2.03.08 A.1.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC2:86.104Supp. No. 25 ZONING DISTRICTS AND USES 2.03.08 A.1. 2.03.08 A.2. 2002.The continuation of existing uses shall include on-site expansions of those uses if such expansions are consistent with or clearly ancillary to the existing uses. Hereafter,such previously approved developments shall be deemed to be consistent with the Plan's Goals, Objectives and Policies for the RFMUD, and they may be built out in accordance with their previously approved plans. Changes to these previous approvals shall also be deemed consistent with the Plan's Goals, Policies and Objectives for the RFMUD as long as they do not result in an increase in development density or intensity. c. Ordinance superceded. Ordinance Number 98-17 is hereby expressly superceded. Any development in the area formerly subject to that ordinance shall henceforth conform to the provisions of this Section and all other provisions of this Code that are applicable to development within the RFMU district. 2. RFMU receiving lands. RFMU receiving lands are those lands within the RFMU district that have been identified as being most appropriate for development and to which residential development units may be transferred from RFMU sending lands. Based on the evaluation of available data, RFMU receiving lands have a lesser degree of environmental or listed species habitat value than RFMU sending lands and generally have been disturbed through development or previous or existing agricultural operations.Various incentives are employed to direct development into RFMU receiving lands and away from RFMU sending lands, thereby maximizing native vegetation and habitat preservation and restoration. Such incentives include, but are not limited to:the TDR process; clustered development; density bonus incentives;and, provisions for central sewer and water.Within RFMU receiving lands, the following standards shall apply, except as noted in LDC subsection 2.03.08 A.1 above, or as more specifically provided in an applicable PUD. a. Outside rural villages. (1) NBMO Exemption. Except as specifically provided herein NBMO Receiving Lands are only subject to the provisions of section 2.03.08 C. (2) Maximum Density. (a) Base density.The base residential density allowable within RFMU receiving lands, exclusive of the applicable density blending provisions set forth in section 2.05.02, is 1 unit per 5 gross acres(0.2 dwelling units per acre) or, for those legal nonconforming lots or parcels in existence as of June 22, 1999, 1 unit per lot or parcel. Supp.No.23 LDC2:86.105 ZONING DISTRICTS AND USES 2.03.07 N.6. 2.03.07 0.2. MAP 4 DOWNTOWN CENTER COMMERCIAL SUBDISTRICT COLLIER COU/NTY,FLORIDA ad =NI N. ►,giyigr Dratil:raSSI slaw - ism' I■ En INN I lash ■::HH::011111■■ ! s ■ :S I 1 1 I I 0 I I I I I ■■�■■�I�1■■�■■�■ n n no �.�... ■■ ■I l 1 1 i 1 III ■■■■■■u%■■■■■ u i i i i _ /'P./.P/ I/•enogP►,nong i i i i - l I L!t �/.4A%tintrS 5026/.i►.020 55 am■■ ♦ ♦ �/■■■ !.OM Asummosims 20. (wa•«z�m.-nj LEGEND LOS1 (Ord.No -I) / DOITN]U�N CEMEF PREPARED BY'.GRAPHICS AND TECHNICAL SUPPORT SECTION * j/ COVIIERCIAL COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION 1 ` SUBDISTRICT FILE:GUMP-SSA-2002.DV. DATE:2/2007 o xs me FT Center Commercial Subdistrict 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 Downtown Center Commercial Subdistrict Map of the Golden Gate Area Master Plan and as contained herein. 1. Applicability. These regulations apply to properties in Golden Gate City lying north of Golden Gate Parkway, generally bounded by 23rd Avenue SW and 23rd Place SW to the north, 45th Street SW to the west, and 41st Street SW and Collier Boulevard to the east. South of Golden Gate Parkway, these regulations apply to properties bounded by 25th Avenue SW to the south,47th Street SW to the west, and 44th Street SW to the east.These properties are more precisely identified on the "Golden Gate Downtown Center Commercial Subdistrict" map of the Golden Gate Area Master Plan and as depicted on the applicable official zoning atlas maps. Except as provided in this section and section 4.02.26, all other use, dimensional and development requirements shall be as required or allowed in the underlying zoning districts. 2. Purpose and Intent. The purpose and intent of this overlay district (see Downtown Center Commercial Subdistrict Map) is to encourage redevelopment herein in order to improve the physical appearance of the area and create a viable downtown district for the residents of Golden Gate City and Golden Gate Estates. Emphasis shall be placed on the creation of pedestrian-oriented areas,such as outdoor dining areas and pocket parks,that do not impede Supp. No. 5 LDC2:86.113 COLLIER COUNTY LAND DEVELOPMENT CODE 2.03.07 0.2. 2.03.07 0.4. the flow of traffic along Golden Gate Parkway. Also, emphasis shall be placed on the construction of mixed-use buildings. Residential dwelling units constructed in this overlay district are intended to promote resident-business ownership. The provisions of this overlay district are intended to ensure harmonious development of commercial and mixed-use buildings at a pedestrian scale that is compatible with residential development within and outside of the overlay district. 3. Aggregation of Properties. This overlay district encourages the aggregation of properties in order to promote flexibility in site design. The types of uses permitted within this overlay district are low intensity retail, office, personal services, institutional, and residential. Non-residential development is intended to serve the needs of residents within the overlay district, surrounding neighborhoods, and passersby. 4. Permitted uses. a. Residential uses: As permitted by right in the existing residential zoning districts, except as otherwise prohibited by this overlay, when: 1. In an existing owner occupied structure. 2. In an existing non-owner occupied structure, until such time as cessation is required by subsection 4.02.37 A.1 b. Residential within a mixed use building c. Commercial uses: 1. Accounting services (8721). 2. Adjustment and collection services (7322). 3. Advertising Agencies (7311). 4. Apparel & accessory stores (5611-5699). 5. Architectural services (8712), limited to 5,000 square feet per floor. 6. Auto and home supply stores (5531). 7. Barber shops (7241). 8. Beauty shops (7231). 9. Building cleaning and maintenance services (7349). 10. Business associations (8611). 11. Business consulting services (8748). 12. Business services - miscellaneous (7397). 13. Business repair service. 14. Carpet and upholstery cleaning (7217). Supp. No. 5 LDC2:86.114 ZONING DISTRICTS AND USES 2.03.07 0.4. 2.03.07 0.4. 15. Commercial art and graphic design (7336). 16. Commercial photography (7335). 17. Computer programming, data processing, rental, leasing, repair and other services (7371-7379). 18. Computer and computer software stores (5734). 19. Credit reporting services (7323). 20. Department stores (5311). 21. Direct mail advertising services (7331). 22. Disinfecting and pest control services (7342). 23. Drug stores (5912), limited to 5,000 square feet per floor. 24. Eating establishments and places (5812 except commercial use employing drive-up, drive-in, or drive-through delivery of goods and/or services). 25. Electrical and electronic repair shop (7629). 26. Employment agencies (7361). 27. Engineering services (8711), limited to 5,000 square feet per floor. 28. Equipment rental and leasing (7359), not including heavy construction equipment. 29. Essential services, see sec. 2.01.03; except that law enforcement, fire, and emergency medical services uses are limited to administrative offices only. 30. Food stores (groups 5411-5499). 31. Funeral service and crematories (7261). 32. General merchandise stores (5331-5399). 33. Glass stores (5231). 34. Hardware stores (5251). 35. Health services, offices and clinics (8011-8049). 36. Home furniture and furnishing stores (5712-5719). 37. Home health care services (8082). 38. Household appliance stores (5722). 39. Insurance carriers, agents and brokers (6311-6399, 6411). 40. Labor unions (8631). Supp. No. 5 LDC2:86.115 COLLIER COUNTY LAND DEVELOPMENT CODE 2.03.07 0.4. 2.03.07 0.4. 41. Landscape architects, consulting and planning (0781), limited to 5,000 square feet per floor. 42. Large Appliance Repair Service (7623). 43. Laundry and drycleaners agents, garment pressing, linen supply, cleaning services (7212, 7213, 7219); no coin operated laundries or drycleaners. 44. Legal services (8111). 45. Libraries (8231). 46. Management services (8741, 8742). 47. Medical equipment rental and leasing (7352). 48. Membership organizations - miscellaneous (8699). 49. Museums and art galleries (8412). 50. Musical instrument stores (5736). 51. Outdoor advertising services (7312). 52. Paint stores (5231). 53. Parks, public or private; limited to pocket parks only, generally described as a small area accessible to the general public that often includes plantings, fountains, seating areas, and other similar passive open space features. 54. Personal services - miscellaneous (7299, babysitting bureaus, clothing and costume rental, dating service, depilatory salons, diet workshops, dress suit rental, electrolysis, genealogical investigation service, and hair removal only). 55. Personnel supply services (7363, except labor pools). 56. Photocopying and duplicating services (7334). 57. Photofinishing laboratories (7384). 58. Photographic studios, portrait (7221). 59. Physical fitness facilities (7991). 60. Political organizations (8651). 61. Professional membership organizations (8621). 62. Public relations services (8743). 63. Radio, television and consumer electronics stores (5731). 64. Radio, television and publishers advertising representatives (7313). Supp. No. 5 LDC2:86.116 ZONING DISTRICTS AND USES 2.03.07 0.4. 2.03.07 0.6. 65. Record and prerecorded tape stores (5735). 66. Real estate (6512, 6531, 6541). 67. Retail - miscellaneous (5921-5963 and 5992-5999, excluding liquor stores, pawn shops, retail firearm and ammunition sales), limited to 5,000 square feet per floor. 68. Retail nurseries, lawn and garden supply stores (5261). 69. Schools - vocational (8243-8299). 70. Secretarial and court reporting services (7338). 71. Security and commodity brokers, dealers, exchanges, and services (6211- 6289). 72. Shoe repair shops or shoeshine parlors (7251). 73. Surveying services (8713), limited to 5,000 square feet per floor. 74. Tax return preparation services (7291). 75. United States Postal Service (4311, except major distribution center). 76. Videotape Rental (7841), limited to 1,800 square feet of gross floor area. 77. Wallpaper stores (5231). 78. Watch, clock and jewelry repair (7631). 5. Accessory uses. Accessory uses within the GGDCCO include the uses listed below. a. Caretaker's residence, accessory to commercial and mixed use projects only. b. Enameling, painting, or plating, accessory to an artist's studio or craft studio only. c. Play areas and playgrounds. d. Recreational facilities. 6. Conditional uses. Conditional uses within the GGDCCO include the uses listed below, subject to the standards and procedures established in section 10.08.00. a. Auctioneering Services, auction rooms and houses (5999, 7389); limited to 5,000 square feet per floor. b. Community centers. c. Dance studios, schools, and halls (7911). d. Food stores (5411-5499), over 5,000 square feet. e. Motion picture theaters (7832). Supp. No. 5 LDC2:86.117 COLLIER COUNTY LAND DEVELOPMENT CODE 2.03.07 0.6. 2.03.07 P.3. f. Outdoor dining areas, not directly abutting the Golden Gate Parkway right-of-way. 7. Prohibited uses. Prohibited uses within the GGDCCO include the uses listed below: a. New residential-only structures. b. Any commercial use employing drive-up, drive-in or drive-through delivery of goods or services. c. Sexually oriented businesses (Code of Laws, 26-151 et seq.). d. Enameling, painting or plating as a primary use. However, these uses are permitted if secondary to an artist's or craft studio. e. Single-room occupancy hotels, prisons, detention facilities, halfway houses, soup kitchens or homeless shelters. P. Copeland Zoning Overlay (CZO). 1. Purpose. To create development standards which address the unique community charac- teristics of the Copeland community. 2. Applicability.The Copeland Zoning Overlay (CZO) boundary is delineated on the map below, and these standards apply to those portions of the Copeland Community,which are in private ownership and located within the urban designated lands on the Collier County Future Land Use Map. 3. Permitted uses. a. All principal and accessory uses permitted by right in the VR-ACSC/ST zoning district as identified in section 2.04.03 of the LDC as of December 26, 2006. In the event any conflicts arise between the underlying zoning district requirements and those contained in the Copeland Zoning Overlay, the requirements of the Copeland Zoning Overlay shall supersede the underlying zoning requirements. b. The following uses may be permitted only on lands adjacent to Church Street: i. Churches and places of worship ii. Community centers iii. Civic and cultural facilities iv. Recreational facilities v. Post Office vi. Food Store (no gas services) c. Area of Critical State Concern (ACSC) and Environmental Compliance. Nothing --r herein shall exempt any land use from complying with the Area of Critical State Concern requirements of section 4.02.14 of the LDC. The development of single family dwellings on existing lots of record within the VR-ACSC/ST zoning district Supp. No. 5 LDC2:86.118 ZONING DISTRICTS AND USES 2.03.07 P.3. 2.03.07 P.4. shall be exempt from requirements to provide an Environmental Impact Statement (EIS); however, any subdivision or site development plan may be required under �-- section 10.02.02 of the Code to submit an EIS for review by Col►ier County. 4. Prohibited Uses. a. Multi-family dwelling units shall be prohibited on all VR zoned properties located within the Copeland Zoning Overlay as designated on the official zoning atlas map. 'ter Supp. No. 5 LDC2:86.119 COLLIER COUNTY LAND DEVELOPMENT CODE 2.03.07 P.4. 2.03.07 P.4. 1 CON-ACSC/ST A-ACSC/ST 4 \ CON-ACSC/ST i A-ACSC ST at .A. re: aim aft A-ACSC/ST 40 i,41 it allii vic , ... v, /. -P-Al /'t; .,4 /4j►,'r�si►if .�4.v'i� ./f/1 l M CON-ACSC STFF' Sf ... C-3-ACSC/ST /50(4 , �� COPELAND A /4r 40_, �/ ZONING OVERLAY ore2FO FOAM/�Ft / COLLIER COUNTY,FLORIDA ilmistartirOW siw,'' d bA-ACSC/ST -C 00.. yaJl I LEGEND I DZO 17�2, CON-ACSC/ST URBAN DESIGNATION - BOUNDARY REPMED BY:URARNICS AHD R CiiON TY DENELURMENi AND EVNRpiYENiAL SERHCES OiM9UN DA1E:U9/300fi fRE:CUPELAND-URBAN-MAR-20Ufi-LUNG Th Supp. No. 5 LDC2:86.120 ZONING DISTRICTS AND USES 2.03.07 P.S. 2.03.07 Q.2. 5. Accessory Uses. a. Parking and storage of recreational equipment and commercial vehicles. i. Within the VR-ACSC/ST zoning district,boats,trailers, recreational vehicles or other licensed recreational equipment may be stored in any yard subject to the following conditions: a) Recreational vehicles and equipment may not be used for living, sleeping, or housekeeping purposes when parked or stored. b) Recreational vehicles or equipment stored under this section of the LDC shall not exceed 35 feet in length. c) Recreational vehicles exceeding 35 feet in length may only be parked or stored in accordance with section 2.01.00 of the LDC. d) No more than 2 commercial vehicles,35 feet or less in length,shall be permitted to be parked at the property owner's residence, unless 1 or more of the vehicles are temporarily engaged in construction or service operation. i) Parking for the property owner's licensed commercial vehi- cles shall only be permitted within driveways,garages,and/or carports in accordance with Collier County regulations. ii) Commercial vehicles greater than 35 feet or greater in length shall be prohibited from parking or being stored on residentially utilized property. e) Commercial equipment such as crab traps, and other seasonal commercial equipment may be stored on the owner's residential property in any yard. b. Keeping of animals/fowl as accessory use.On VR-ACSC/ST parcels a minimum of 2 acres in area or greater,individual property owners may keep a maximum of 25 poultry or fowl in total numbers, and a maximum of 2 horses or other livestock per acre. Q. Plantation Island Overlay (PIO). 1. Purpose. The purpose of the Plantation Island Overlay (PIO) is to provide for additional permitted uses within the geographic area known as Plantation Island. The PIO allows single-family dwellings as permitted uses in addition to the uses allowed by the underlying zoning. 2. Applicability.The PIO boundary is delineated on the map below.Unless specified otherwise in this section, the development standards shall be per the underlying zoning district and applicable standards of the Area of Critical State Concern-Special Treatment (ACSC-ST) overlay district. Supp.No.19 LDC2:86.121 COLLIER COUNTY LAND DEVELOPMENT CODE 2.03.07 Q.2. 2.03.07 Q.3. ''-\\.. \\\:.. !4 13 23 N `` P.Ianl,Yion.PKW.Y �- `� - - LIM `r ;I- ` ` �_4 ' C n _ c ' °. 0 n — �7 / I;: ■ V Pd � I (----,-----,_ I Ws '�� ttt� iniW Flaminto DR ,e,aav' L.µi M1 „n j \ Plantation Island Overlay EDOverlay Area 0 Feet 0 200 400 800 Map Date.11/13/2018 C0 [ er County Growth Management Department 1 Operations 8 Regulatory Management Division Drr•nwn➢eO1,wr ale pw na.ma•CMo.CPMZiS-Teem GISRequ ac.S.,B ii.No i'Wwuon.i.p.wt.d.enar..M%:nPWuua 4 n3CS n.w 3. Permitted Uses. a. All principal and accessory uses permitted by right in the underlying zoning district as identified in LDC section 2.03.02. b. Single family dwellings. Supp.No.19 LDC2:86.122 ZONING DISTRICTS AND USES 2.03.07 Q.4. 2.03.08 A.1. 4. Area of Critical State Concern (ACSC). Nothing herein shall exempt any land use from complying with the applicable design standards and requirements of the Area of Critical State Concern-Special Treatment (ACSC-ST) overlay district per LDC section 4.02.14. 5. Floodplain Protection. Nothing herein shall exempt any land use from complying with the applicable Floodplain Protection standards under LDC section 3.02.00. (Ord. No. 04-54, § 2; Ord. No. 04-72, § 3.E; Ord. No. 05-27, § 3.D; Ord. No. 05-49, § 3.A; Ord. No. 06-08, §§ 3.C-3.F;Ord. No.06-63, §§ 3.E-3.H; Ord. No.07-67, § 3.D; Ord. No.07-68, § 3.B; Ord. No.08-08, § 3.B; Ord.No.08-11, §3.J;Ord.No.08-63, §3.E;Ord.No.09-43, §3.A;Ord.No. 10-23, §3.H;Ord.No. 12-39, §3.B; Ord. No. 14-33, § 3.D; Ord. No. 15-44, § 3.A; Ord. No. 16-27, § 3.F; Ord. No. 18-18, § 3.D; Ord. No. 19-09, § 3; Ord. No. 19-35, § 3.A; Ord. No.20-16, § 3.C; Ord. No. 20-44, § 3.E) 2.03.08 Rural Fringe Zoning Districts A. Rural Fringe Mixed-Use District (RFMU District). 1. Purpose and scope.The purpose and intent of the RFMU District is to provide a transition between the Urban and Estates Designated lands and between the Urban and Agricultural/ Rural and Conservation designated lands farther to the east.The RFMU District employs a balanced approach, including both regulations and incentives, to protect natural resources and private property rights, providing for large areas of open space, and allowing, in designated areas, appropriate types,density and intensity of development.The RFMU District allows for a mixture of urban and rural levels of service, including limited extension of central water and sewer, schools, recreational facilities, commercial uses, and essential services deemed necessary to serve the residents of the RFMU District.The innovative planning and development techniques which are required and/or encouraged within the RFMU District were developed to preserve existing natural resources, including habitat for listed species, to retain a rural, pastoral, or park-like appearance from the major public rights-of-way, and to protect private property rights. a. Establishment of RFMU Zoning Overlay District. In order to implement the Rural Fringe Mixed Use District (RFMUD) designation in the Future Land Use Element (FLUE) of the GMP, the RFMU District shall be designated as "RFMUO" on the Official Zoning Atlas and is hereby established. The RFMU District replaces the underlying zoning district where that underlying zoning district is A, Rural Agricultural, except where development standards are omitted in the RFMU District. The County-wide Future Land Use Map is located in the Future Land Use Element of the GMP or can be obtained from the Growth Management Department, located at 2800 N. Horseshoe Drive, Naples, FL 34104.The lands included in the RFMU District and to which LDC section 2.03.08 apply are depicted by the following map: Supp.No.22 LDC2:86.122.1 ZONING DISTRICTS AND USES 2.03.08 A.1. 2.03.08 A.1. --- 1_EE COUNTY RURAL FRINGE AREAS L 1NIOKA E V RD z a, V W LEE COUNTY tk i ,`c.4" , ':-Off--' f OIL WEInI.RD IMMOKAL.E:E:RD 1 c>'> a mi a i v) wy COL DEN( 3IEBLVD w j _ r• .y.; S., w i - s .. I'8'..'-a' ...1 a t i C` RAM°RD IN i',Z VI.VI I- -' DAYV B S, 1 i yly ,,t,7 0 1 2 4 6 Mlles f ti pry — ,�/ Legend 1 auax,. GO FR:WA ARCA ! ' m . a a I nxua> as,x r 4,' ' a,.40 ,: . ...,+, $ C , .4,4 WW1 oc.,ru., Lail b. Exemptions. The requirements, limitations and allowances of this section shall not apply to, affect or limit the continuation of existing uses. Existing uses shall include: those uses for which all required permits were issued prior to June 19, 2002; or, projects for which a Conditional use has been approved by the County prior to June 19, 2002;or, projects for which a Rezone petition has been approved by the County prior to June 19, 2002 - inclusive of all lands not zoned A, Rural Agricultural; or, land use petitions for which a completed application has been submitted prior to June 19,2002. The continuation of existing uses shall include on-site expansions of those uses if such Supp.No.17 LDC2:86.123 COLLIER COUNTY LAND DEVELOPMENT CODE 2.03.08 A.1. 2.03.08 A.2. expansions are consistent with or clearly ancillary to the existing uses.Hereafter,such previously approved developments shall be deemed to be consistent with the Plan's Goals, Objectives and Policies for the RFMUD, and they may be built out in accor- dance with their previously approved plans.Changes to these previous approvals shall also be deemed consistent with the Plan's Goals, Policies and Objectives for the RFMUD as long as they do not result in an increase in development density or intensity. c. Ordinance superceded. Ordinance Number 98-17 is hereby expressly superceded. Any development in the area formerly subject to that ordinance shall henceforth conform to the provisions of this Section and all other provisions of this Code that are applicable to development within the RFMU district. 2. RFMU receiving lands.RFMU receiving lands are those lands within the RFMU district that have been identified as being most appropriate for development and to which residential development units may be transferred from RFMU sending lands.Based on the evaluation of available data, RFMU receiving lands have a lesser degree of environmental or listed species habitat value than RFMU sending lands and generally have been disturbed through devel- opment or previous or existing agricultural operations. Various incentives are employed to direct development into RFMU receiving lands and away from RFMU sending lands, thereby maximizing native vegetation and habitat preservation and restoration. Such incen- tives include,but are not limited to:the TDR process;clustered development;density bonus incentives; and, provisions for central sewer and water. Within RFMU receiving lands, the following standards shall apply, except as noted in subsection 2.03.08 A.1.above, or as more specifically provided in an applicable PUD. a. Outside rural villages. (1) NBMO Exemption. Except as specifically provided herein NBMO Receiving Lands are only subject to the provisions of section 2.03.08 C. (2) Maximum Density. (a) Base density.The base residential density allowable within RFMU receiving lands, exclusive of the applicable density blending pro- visions set forth in section 2.05.02, is 1 unit per 5 gross acres (0.2 dwelling units per acre) or, for those legal nonconforming lots or parcels in existence as of June 22, 1999, 1 unit per lot or parcel. Supp.No.17 LDC2:86.124 ZONING DISTRICTS AND USES 2.03.08 A.2. 2.03.08 A.2. (b) Additional density i. Additional Density Allowed Through the TDR Process. Outside of rural villages, the maximum density achievable in RFMU Receiving Lands through TDR credits and TDR Bonus Credits is 1 dwelling unit per acre. a) Clustering Required. Where the transfer of devel- opment rights is employed to increase residential density within RFMU receiving lands, such resi- dential development shall be clustered in accor- dance with the following provisions: i) Central water and sewer shall be extended to the project. Where County sewer or water services may not be available concur- rent with development in RFMU receiving lands, interim private water and sewer fa- cilities may be approved. ii) The maximum lot size allowable for a single- family detached dwelling unit is 1 acre. iii) The clustered development shall be lo- cated on the site so as to provide to the greatest degree practicable: protection for listed species habitat; preservation of the highest quality native vegetation; connec- tivity to adjacent natural reservations or preservation areas on adjacent develop- ments; and, creation, maintenance or en- hancement of wildlife corridors. b) Minimum Project Size. The minimum project size required in order to receive transferred dwelling units is 40 contiguous acres. c) Emergency Preparedness. In order to reduce the likelihood of threat to life and property from a tropical storm or hurricane event any development approved under the provisions of this section shall demonstrate that adequate emergency prepared- ness and disaster prevention measures have been taken by, at a minimum: i) Designing community facilities, schools, or other public buildings to serve as storm shelters if located outside of areas that may experience inundation during a Category 1 or worse storm event. While the need to Supp. No. 6 LDC2:87 COLLIER COUNTY LAND DEVELOPMENT CODE 2.03.08 A.2. 2.03.08 A.2. utilize such shelters will be determined on a case-by-case basis, areas which are sus- ceptible to inundation during such storm events are identified on the Sea, Lake, and Overland Surge from Hurricane (SLOSH) Map for Collier County. ii) Evaluating impacts on evacuation routes, if any, and working with the Collier County Emergency Management staff to develop an Emergency Preparedness Plan to in- clude provisions for storm shelter space, a plan for emergency evacuation, and other provisions that may be deemed appropriate and necessary to mitigate against a poten- tial disaster. iii) Working with the Florida Division of For- estry, Collier County Emergency Manage- ment staff, and the managers of any adja- cent or nearby public lands, to develop a Wildfire Prevention and Mitigation Plan that will reduce the likelihood of threat to life and property from wildfires. This plan shall ad- dress, at a minimum: project structural de- sign; the use of materials and location of structures so as to reduce wildfire threat; firebreaks and buffers;water features;and, the rationale for prescribed burning on ad- jacent or nearby lands. ii. Additional density Allowed Through Other Density Bo- nuses. Once a density of one (1) unit per acre is achieved through the use of TDR credits and TDR Bonus credits, additional density may be achieved as follows: a) A density bonus of 0.1 unit per acre shall be allowed for the preservation of additional native vegetation as set forth in Section 3.05.07 E. 1. of the Code. b) A density bonus of 0.1 units per acre shall be allowed for projects that incorporate those addi- tional wetlands mitigation measures set forth in Section 3.05.07 F. 4. b. of the Code. (3) Allowable Uses. (a) Uses Permitted as of Right. The following uses are permitted as of right, or as uses accessory to permitted uses: Agricultural activities, including, but not limited to: Crop raising;horticulture;fruit and nut production;forestry;groves; Supp. No. 6 LDC2:88 ZONING DISTRICTS AND USES 2.03.08 A.2. 2.03.08 A.2. nurseries; ranching; beekeeping; poultry and egg produc- tion; milk production; livestock raising, and aquaculture for native species subject to the State of Florida Fish and Wildlife Conservation Commission permits. Owning, main- taining or operating any facility or part thereof for the following purposes is prohibited: a) Fighting or baiting any animal by the owner of such facility or any other person or entity. b) Raising any animal or animals intended to be ulti- mately used or used for fighting or baiting purposes. c) For purposes of this subsection, the term baiting is defined as set forth in § 828.122(2)(a), F.S., as it may be amended from time to time. ii. Single-family residential dwelling units, including mobile homes where a mobile home Zoning Overlay exists. iii. Multi-family residential structures, if clustering is em- ployed. iv. Rural villages, subject to the provisions set forth under section 2.03.08 A.2.b. below. v. Dormitories, duplexes and other types of staff housing, as may be incidental to, and in support of, conservation uses. vi. Family Care Facilities: 1 unit per 5 acres and subject to section 5.05.04 of this Code. vii. Staff housing as may be incidental to, and in support of, safety service facilities and essential services. viii. Farm labor housing limited to 10 acres in any single location: a) Single family/duplex/mobile home: 11 dwelling units per acre; and b) Multifamily/dormitory: 22 dwelling units/beds per acre. ix. Sporting and Recreational camps not to exceed 1 cabin/ lodging unit per 5 gross acres. x. Those essential services identified as permitted uses in section 2.01.03 (A) and in accordance with the provisions, conditions and limitations set forth therein. Supp. No. 6 LDC2:89 COLLIER COUNTY LAND DEVELOPMENT CODE 2.03.08 A.2. 2.03.08 A.2. xi. Golf courses or driving ranges, subject to the following standards: a) The minimum density shall be as follows: i) For golf course projects: one (1) dwelling unit per five (5) gross acres. ii) For golf course projects not utilizing density blending Provisions set forth in the Density Rating System of the FLUE, including free standing golf courses: one TDR credit or TDR Bonus credit shall be required per five(5)gross acres for the land area utilized as part of the golf course, including the clubhouse area, rough, fairways, greens, and lakes, but excluding any area dedi- cated as conservation, which is non-irri- gated and retained in a natural state.A TDR credit or TDR Bonus credit used to entitle golf course acreage may not also be used to entitle a residential dwelling unit. b) Golf courses shall be designed, constructed, and managed in accordance with the Best Management Practices of Audubon International's Gold Signature Program. The project shall demonstrate that the Principles for Resource Management required by the Gold Signature Program (Site Specific Assess- ment, Habitat Sensitivity, Native and Naturalized Plants and Natural Landscaping, Water Conserva- tion, Waste Management. Energy Conservation & Renewable Energy Sources, Transportation, Greenspace and Corridors,Agriculture, and BUILD- ING Design) have been incorporated into the golf course's design and operational procedures. c) In order to prevent the contamination of soil, surface water and ground water by the materials stored and handled by golf course maintenance operations, golf courses shall comply with the Best Manage- ment Practices for Golf Course Maintenance De- partments, prepared by the Florida Department of Environmental Protection, May 1995. d) To protect ground and surface water quality from fertilizer and pesticide usage, golf courses shall demonstrate the following management practices: i) The use of slow release nitrogen sources; Supp. No. 6 LDC2:90 ZONING DISTRICTS AND USES 2.03.08 A.2. 2.03.08 A.2. ii) The use of soil and plant tissue analysis to adjust timing and amount of fertilization applications; iii) The use of an integrated pest management program using both biological and chemical agents to control various pests; iv) The coordination of pesticide applications with the timing and application of irrigation water; and v) The use of the procedure contained in IFAS Circular 1011, Managing Pesticides for Golf Course Maintenance and Water Quality Pro- tection, May 1991 (revised 1995) to select pesticides that will have a minimum ad- verse impact on water quality. e) To ensure water conservation, golf courses shall incorporate the following in their design and opera- tion: i) Irrigation systems shall be designed to use weather station information and moisture- ` sensing systems to determine the optimum amount of irrigation water needed consider- ing soil moisture and evapotranspiration rates. ii) Golf courses shall utilize treated effluent reuse water consistent with Sanitary Sewer Sub-Element Objective 1.4 and its policies to the extent that a sufficient amount of such water is available and the piping or other conveyance necessary for delivery of such water exists at a location abutting the golf course property boundary or within 50 feet of such boundary and accessible via exist- ing rights of way or easements; iii) Native plants shall be used exclusively ex- cept for special purpose areas such as golf greens,fairways,and building sites.Within these excepted areas, landscaping plans shall require that at least 75% of the trees and 50% of the shrubs be freeze-tolerant native Floridian species.At least 75%of the required native trees and shrubs shall also be drought tolerant species. Supp. No. 6 LDC2:91 COLLIER COUNTY LAND DEVELOPMENT CODE 2.03.08 A.2. 2.03.08 A.2. f) Stormwater management ponds shall be designed to mimic the functions of natural systems: by estab- lishing shorelines that are sinuous in configuration in order to provide increased length and diversity of the littoral zone. A Littoral shelf shall be established to provide a feeding area for water dependent avian species. The combined length of vertical and rip- rapped walls shall be limited to 25% of the shore- line. Credits to the site preservation area require- ments, on an acre-to-acre basis, shall be given for littoral shelves that exceed these littoral shelf area requirements. g) Site preservation and native vegetation retention requirements shall be those set forth in section 4.06.00 of this Code. xii. Public educational plants and ancillary plants. xiii. Oil and gas exploration, subject to applicable state and federal drilling permits and Collier County non-environmen- tal site development plan review procedures. Directional- drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, F.A.C., as those rules existed on Oct. 3, 2005 [the effective date of this provision], regardless of whether the activity occurs within the Big Cypress Water- shed, as defined in Rule 62C-30.001(2), F.A.C. All applica- ble Collier County environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the applicant shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, F.A.C., even if outside the defined Big Cypress Watershed. All oil and gas access roads shall be constructed and protected from unauthorized uses accord- ing to the standards established in Rule 62C-30.005(2)(a)(1) through (12), F.A.C. xiv. Park, open space, and recreational uses. Supp. No. 6 LDC2:92 ZONING DISTRICTS AND USES 2.03.08 A.2. 2.03.08 A.2. xv. Private schools. (b) Accessory uses. Accessory uses as set forth in section 2.03.01 of this Code. ii. Accessory uses and structures that are accessory and incidental to uses permitted as of right in the RFMU district. iii. Recreational facilities that serve as an integral part of a residential development and have been designated, re- viewed, and approved on a site development plan or preliminary subdivision plat for that development. Recre- ational facilities may include, but are not limited to club- house, community center building, tennis facilities, play- grounds and playfields. (c) Conditional uses. The following uses are permissible as condi- tional uses subject to the standards and procedures established in section 10.08.00. i. Oil and gas field development and production, subject to state field development permits and Collier County non- environmental site development plan review procedures. Directional-drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This require- ment shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, F.A.C., regardless of whether the activity occurs within the Big Cypress Watershed,as defined in Rule 62C-30.001(2), F.A.C. All applicable Collier County environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed,the applicant shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, F.A.C., even if outside the defined Big Cypress Watershed. All oil and gas access roads shall be constructed and protected from unauthorized uses according to the stan- dards established in Rule 62-30.005(2)(a)(1) through (12), F.A.C. ii. Group care facilities and other care housing facilities, other than family care facilities, subject to a maximum floor area ratio of 0.45. Supp. No.6 LDC2:92.1 ZONING DISTRICTS AND USES 2.03.08 A.2. 2.03.08 A.2. xv. Private schools. (b) Accessory uses. Accessory uses as set forth in section 2.03.01 of this Code. ii. Accessory uses and structures that are accessory and incidental to uses permitted as of right in the RFMU district. iii. Recreational facilities that serve as an integral part of a residential development and have been designated,reviewed, and approved on a site development plan or preliminary subdivision plat for that development. Recreational facili- ties may include, but are not limited to clubhouse, com- munity center building, tennis facilities, playgrounds and playfields. (c) Conditional uses.The following uses are permissible as conditional uses subject to the standards and procedures established in section 10.08.00. i. Oil and gas field development and production, subject to state field development permits and Collier County non- environmental site development plan review procedures. Directional-drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This require- ment shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, F.A.C., regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001(2), F.A.C. All applicable Collier County environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the applicant shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, F.A.C., even if outside the defined Big Cypress Watershed. All oil and gas access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62-30.005(2)(a)(1) through (12), F.A.C. ii. Group care facilities and other care housing facilities, other than family care facilities, subject to a maximum floor area ratio of 0.45. Supp.No.21 LDC2:93 COLLIER COUNTY LAND DEVELOPMENT CODE 2.03.08 A.2. 2.03.08 A.2. iii. Zoos, aquariums, and botanical gardens, and similar uses. iv. Facilities for the collection, transfer, processing, and reduc- tion of solid waste. v. Community facilities, such as, places of worship, childcare facilities, cemeteries, and social and fraternal organizations. vi. Travel trailer recreation vehicle parks, subject to the following criteria: a) the site is adjacent to an existing travel trailer recreational vehicle site; and b) the site is no greater than 100% of the size of the existing adjacent park site. vii. Those essential services identified in sections 2.01.03 (G)(1) and (G)(3). viii. In RFMU receiving lands other than those within the NBMO, asphalt and concrete batch-making plants. ix. In RFMU receiving lands other than those within the NBMO, earth mining and extraction. (4) Design Standards. (a) Development Not Utilizing clustering: i. Minimum lot area: 5 Acres. ii. Minimum lot width: 165 Feet. iii. Minimum yard requirements: a) Front yard: 50 feet b) Side yard: 30 feet c) Rear yard: 50 feet d) Nonconforming lots in existence as of June 22, 1999: i) Front yard: 40 feet. ii) Side yard: 10 percent of lot width, not to exceed 20 feet on each side. iii) Rear yard: 50 feet. Supp.No.21 LDC2:94 ZONING DISTRICTS AND USES 2.03.08 A.2. 2.03.08 A.2. (b) Clustered development: Lot areas and widths: a) single-family i) Minimum lot area: 4,500 square feet. ii) Maximum lot area: One Acre. iii) Minimum lot width: Interior lots 40 feet. iv. Maximum lot width: 150 feet. b) multi-family i) Minimum lot area: One Acre. ii) Maximum lot area: None. iii) Minimum lot width: 150 feet. iv) Maximum lot width: None. ii. Minimum yard requirements a) Single-Family. Each single-family lot or parcel minimum yard requirement shall be established within an approved PUD, or shall comply with the following standards: i) Front: 20 feet (Note front yard setback may be reduced to 10 feet where parking for the unit is accessed via a rear alley). ii) Side: 6 feet. iii) Rear: 15 feet. iv) Accessory: Per LDC section 4.02.03. b) Multi-Family. For each multi-family lot or parcel minimum yard shall be established within an approved PUD, or shall comply with the following standards: i) Setback from Arterial or Collector roadway(s): no multi-family dwelling may be located closer than 200 feet to a roadway classified or defined as an arterial roadway or 100 feet from any roadway classified or defined as a collector roadway. ii) Front: 30 feet. Supp.No.21 LDC2:95 COLLIER COUNTY LAND DEVELOPMENT CODE 2.03.08 A.2. 2.03.08 A.2. iii) Rear: 30 feet. iv) Side yard/separation between any multi- family buildings: One-half of the building height or 15 feet, whichever is greater. v) Accessory: Per LDC section 4.02.03. iii. Height limitations a) Principal structures i) Single Family: 35 feet. ii) Multi-family: Five Stories not to exceed 60 feet. iii) Other structures: 35 feet except for golf course/community clubhouses, which may be 50 feet in height. b) Accessory structures. 20 feet, except for screen enclosures, which may be the same height as the principal structure. iv. Minimum floor space a) Single Family: 800 square feet b) Multi-family: i) Efficiency: 450 Square feet ii) One Bedroom: 600 square feet iii) Two or More Bedrooms: 800 square feet (c) Parking.As required in Chapter 4 of this Code. (d) Landscaping.As required in Chapter 4 of this Code. (e) Signs.As required in section 5.06.00 of this Code. (5) Native vegetation Retention.As required in section 4.06.00 of this Code. (6) Usable open space. (a) Projects of 40 or more acres in size shall provide a minimum of 70% usable open space. (b) Usable open space includes active or passive recreation areas such as parks, playgrounds, golf courses, waterways, lakes, nature Supp.No.21 LDC2:96 ZONING DISTRICTS AND USES 2.03.08 A.2. 2.03.08 A.2. trails, and other similar open spaces.Usable open space shall also include areas set aside for conservation or preservation of native vegetation and landscape areas. (c) Open water beyond the perimeter of the site, street right-of-way, except where dedicated or donated for public uses, driveways, off-street parking and loading areas, shall not be counted towards required usable open space. b. Rural villages. Rural villages, including rural villages within the NBMO, may be approved within the boundaries of RFMU receiving lands, subject to the following: (1) Allowable Uses: (a) All permitted uses identified in section 2.03.08A.2.a.(3)(a), when specifically identified in, and approved as part of,a RURAL VILLAGE PUD. (b) CONDITIONAL USES 1 through 5, and 7 identified in section 2.03.08A.2.a.(3)(c), when specifically identified in, and approved as part of a RURAL VILLAGE PUD. (c) All permitted and accessory uses listed in the C-4 General Commercial District, section 2.03.02 (E), subject to the design guidelines and development standards set forth in this Section. (d) Research and Technology Parks, with a minimum size of 19 acres and a maximum size of 4%of the total rural village acreage, subject to the design guidelines and development standards set forth herein, the applicable standards contained in section 2.03.06 C.7. Research and technology park planned unit development district guidelines and development standards, and further subject to the following: i. Research and Technology Parks shall be permitted to include up to 20%of the total acreage for non-target industry uses of the type identified in paragraph (3) below;and, up to 20% of the total acreage for workforce housing, except as provided in paragraph (7) below.At a minimum, 60% of the total park acreage must be devoted to target industry uses identified in paragraph (2) below. The specific percentage and mix of each category of use shall be determined at the time of rural village PUD rezoning. ii. The target industries identified by the Economic develop- ment Council of Collier County are aviation/aerospace industry, health technology industry and information technol- ogy industry,and include the following uses:software develop- ment and programming;Internet technologies and electronic commerce; multimedia activities and CD-ROM Supp.No.21 LDC2:96.1 ZONING DISTRICTS AND USES 2.03.08 A.2. 2.03.08 A.2. development; data and information processing; call center and customer support activities; professional services that are export based such as laboratory research or testing activities; light manufacturing in the high tech target sectors of aviation/aerospace and health and information technolo- gies; office uses in connection with on-site research; devel- opment testing and related manufacturing; general admin- istrative offices of a research and development firm; educational, scientific and research organizations; produc- tion facilities and operations. iii. Non-target industry uses may include hotels at a density consistent with the provisions in section 2.03.02 and those uses in the C-1 through C-3 Zoning Districts that provide support services to the target industries such as general office, banks, fitness centers, personal and professional services, medical, financial and convenience sales and services, computer related businesses and services, em- ployee training, technical conferencing, day care centers, restaurants and corporate and government offices. iv. The rural village PUD shall include standards for the development of individual building parcels within the park and general standards shall be adopted for pedestrian and vehicular interconnections, buffering, landscaping, open spaces, signage, lighting, screening of outdoor storage, parking and access management, all to be consistent with and compatible to the other uses within the village. v. The Research and Technology Park must be adjacent to, and have direct access via an existing or developer con- structed local road to an arterial or collector roadway. The portion of the local roadway intended to provide access to the Research and Technology Park shall not be within a residential neighborhood and does not service a predomi- nately residential area. vi. The Research and Technology Park shall be compatible with surrounding land uses. Accordingly, it shall be separated from any residentially zoned or designated land within the rural village by a minimum Type "C" landscape buffer, as set forth in section 4.06.00 of this Code. vii. Whenever workforce housing is provided, it shall be fully integrated with other compatible uses in the park through mixed-use buildings and/or through pedestrian and vehic- ular interconnections. viii. Building permits for non-target industry uses identified in paragraph (3) above shall not be issued prior to issuance of the first building permit for a target industry use. Supp. No. 3 LDC2:97 COLLIER COUNTY LAND DEVELOPMENT CODE 2.03.08 A.2. 2.03.08 A.2. (e) Any other use deemed by the Board of County Commissioner to be appropriate and compatible within a rural village. (2) Mix of Neighborhood Types. Rural villages shall be comprised of several neighborhoods designed in a compact nature such that a majority of residential development is within one-quarter mile of a neighborhood center. neighborhood centers may include small-scale service retail and office uses,and shall include a public park,square,or green.Village centers shall be designed to serve the retail, office, civic, government uses and service needs of the residents of the rural village. The village center shall be the primary location for commercial uses. rural villages shall be surrounded by a green belt in order to protect the character of the rural landscape and to provide separation between rural villages and the low density rural development, agricultural uses, and conservation lands that may surround the rural village. Rural villages shall be designed to include the following: a mixture of residential housing types; institutional and/or commercial uses; and recreational uses, all of which shall be sufficient to serve the residents of the rural village and the surrounding lands. In addition, except as specifically provided otherwise for rural villages within the NBMO, the following criteria and conditions shall apply to all rural villages. (a) Allocation of Land Uses. Specific allocations for land uses including residential, commercial and other non-residential uses within rural villages, shall include, but are not limited to: i. A mixture of housing types, including attached and/or de- tached single family, as well as multi-family shall be provided within a rural village. A minimum of 0.2 units per acre in a rural village shall be affordable housing, of which at least 0.1 units per acre shall be workforce housing. The rural village shall be designed so as to disperse the Affordable and workforce housing units throughout the Village rather than concentrate them in a single location. ii. A mixture of recreational uses, including parks and village greens. iii. Civic, community, and other institutional uses. iv. A mixture of lot sizes, with a design that includes more compact development and attached dwelling units within neighborhood centers and the village center, and re- duced net densities and increasingly larger lot sizes for detached residential dwellings generally occurring as devel- opment extends outward from the village center. v. A mixture of retail, office, and services uses. vi. If requested by the Collier County School Board during the PUD and/or DRI review process, school sites shall be Supp. No. 3 LDC2:98 ZONING DISTRICTS AND USES 2.03.08 A.2. 2.03.08 A.2. provided and shall be located to serve a maximum number of residential dwelling units within walking distance to the schools, subject to the following criteria: a) Schools shall be located within or adjacent to the village center; b) A credit toward any applicable school impacts fees shall be provided based upon an independent eval- uation/appraisal of the value of the land and/or improvements provided by the developer; and c) Schools shall be located in order to minimize busing of students and to co-locate schools with public facilities and civic structures such as parks, librar- ies, community centers, public squares, greens and civic areas. vii. Within the NBM Overlay, elementary schools shall be ac- cessed by local streets, pedestrian and bicycle facilities, and shall be allowed in and adjacent to the rural village center, provided such local streets provide adequate ac- cess as needed by the School Board. (b) Acreage Limitations. i. Rural villages shall be a minimum of 300 acres and a maximum of 1,500 acres, exclusive of the required green belt,with exception that the maximum size of a rural village within those RFMU receiving lands south of the Belle Meade NRPA shall not exceed 2,500 acres. ii. Neighborhood center - 0.5% of the total rural village acreage, not to exceed 10 acres, within each neighbor- hood center. iii. Neighborhood center Commercial - Not to exceed 40% of the neighborhood center acreage and 8,500 square feet of gross leasable floor area per acre. iv. Village center- Not to exceed 10%of the total rural village acreage. v. Village center commercial - Not to exceed 30% of the village center acreage and 10,000 square feet of gross leasable floor area per acre. vi. Research and Technology Parks limited to a minimum size of 19 acres and a maximum size of 4% of the total rural village acreage. Supp. No.3 LDC2:99 COLLIER COUNTY LAND DEVELOPMENT CODE 2.03.08 A.2. 2.03.08 A.2. vii. Civic Uses and Public Parks - Minimum of 10% of the total rural village acreage. (3) Density.A rural village shall have a minimum density of 2.0 units per gross acre and a maximum density of 3.0 units per gross acre, except that the minimum density within a NBMO rural village shall be 1.5 units per gross acre. Those densities shall be achieved as follows: (a) Base density. A base density of 0.2 dwelling units per acre (1.0 dwelling units per five acres) for lands within the rural village, and the land area designated as a greenbelt surrounding the rural village, is granted by right for allocation within the designated rural village. (b) Minimum density. The minimum gross density in a rural village is 2.0 units per acre outside of the NBMO and 1.5 units per acre within the NBMO. i. For each TDR credit used to achieve the minimum required density in a rural village, one Rural Village Bonus Credit shall be granted. Rural Village Bonus Credits may only be utilized in rural villages and shall not be available for use once the minimum required density is achieved. ii. The minimum density shall be achieved through any corn- bination of TDR Credits, Rural Village Bonus Credits, and TDR Bonus Credits. (c) Maximum density. The maximum gross density allowed in a rural village is 3.0 units per acre.The maximum density shall be achieved through any of the following, either in combination or individually: i. TDR credits; ii. TDR Bonus Credits; iii. An additional density bonus 0.3 units per acre for the additional preservation of native vegetation as set forth in Chapter 4; iv. An additional density bonus of 0.3 units per acre for additional wetlands mitigation as set forth in Chapter 4; and/or v. An additional density bonus of 0.5 units per acre for each Affordable or workforce housing unit. (4) Other Design Standards (a) Transportation System Design. The rural village shall be designed with a formal street layout, using primarily a grid design and incorporating village greens, squares and civic uses as focal points. Supp. No.3 LDC2:100 ZONING DISTRICTS AND USES 2.03.08 A.2. 2.03.08 A.2. ii. Each rural village shall be served by a primary road system that is accessible by the public. Neighborhood Circulator, Local Residential Access and Residential Loop roads may be gated. The primary roads within the rural village shall consist of Rural Major Collectors at a minimum and be designed to meet County standards and shall be dedicated to the public. iii. A rural village shall not be split by an arterial roadway. iv. Interconnection between the rural village and adjacent development s shall be required. v. Neighborhoods, neighborhood centers, and the village center shall be connected through local and collector streets and shall incorporate traffic calming techniques as may be appropriate to discourage high-speed traffic. vi. Public transit and school bus stops shall be co-located, where practicable. vii. Pedestrian paths and bikeways shall be designed so as to provide access and interconnectivity. (b) Location Restrictions and Standards. i. In locating both schools and housing units within the rural village, consideration shall be given to minimizing busing needs within the community. ii. A rural village shall not be located any closer than 3.0 miles from another rural village. iii. No more than one rural village may be located in each of the distinct RFMU district Receiving Areas depicted on the FLUM and on the Official Collier County Zoning Atlas maps. iv. A rural village shall have direct access to a roadway classified by Collier County as an arterial or collector road- way. Alternatively, access to the rural village may be via a new collector roadway directly accessing an existing arterial, the cost of which shall be borne entirely by the developer. v. A rural village shall be located where other public infrastruc- ture, such as potable water and sewer facilities, already exist or are planned. (c) Size Limitations. rural villages shall be a minimum of 300 acres and a maximum of 1,500 acres, except within RFMU receiving lands south of the Belle Meade NRPA where the maximum size may not Supp. No.3 LDC2:101 COLLIER COUNTY LAND DEVELOPMENT CODE 2.03.08 A.2. 2.03.08 A.2. exceed 2,500 acres. This required rural village size is exclusive of the required greenbelt area set forth in section 2.03.08 (A)(2)(b)(6). (d) Additional Village Design Criteria: Rural villages shall be designed in accordance with the following provisions: i. Rural villages shall be developed in a progressive urban to rural continuum with the greatest density, intensity and diversity occurring within the village center, to the least density, intensity and diversity occurring within the edge of the neighborhoods approaching the greenbelt. ii. Rural villages may include "special districts" in addition to the village center, neighborhood center and Neighbor- hoods, to accommodate uses that may require use specific design standards not otherwise provided for herein. Such Special Districts,their proposed uses, and applicable design standards shall be identified as part of the rural village PUD rezone process. iii. The rural village PUD Master Plan shall designate the location of the village center and each neighborhood, neighborhood center and as may be applicable, Special Districts. Rural villages shall include a village center and a minimum of two distinct neighborhoods,with defined neigh- borhood centers. iv. A mixture of allowable uses is encouraged to occur within buildings in the village center and neighborhood cen- ters. v. Transient lodging is permitted at up to 26 guest units per acre calculated on the acreage of the parcel occupied by the transient lodging and its ancillary facilities, if such parcel includes multiple uses. vi. Building heights may vary within the village center and neighborhood centers, but shall not exceed 5 stories not exceeding 65 feet with the village center, or 4 stories no exceeding 55 feet within the neighborhood center, and 3 stories not to exceed 40 feet within 200 feet of the greenbelt. The height exclusions set forth in section 4.02.01 of this Code apply within a rural village. The height exclusion set forth in section 4.02.01 applies in the village center only, except that: a) section 4.02.01 requiring 300 square feet of green spaces for each parking space for which the height waiver is granted shall not apply; however, Supp. No. 3 LDC2:102 ZONING DISTRICTS AND USES 2.03.08 A.2. 2.03.08 A.2. b) Planting street trees every 40 Ft. O.C. The street tree pattern may be interrupted by architectural elements such as arcades and columns. c) Plantings areas, raised planters, or planter boxes in the front of and adjacent to the buildings, where such planting areas do not interfere with pedestrian access and mobility. d) Providing for additional pubic use landscape areas at intervals within the streetscape, on identified parcels with blocks, or as part of public greens, squares, parks or civic uses. xvii. Signs: The PUD document shall adhere to the provisions of section 5.06.00 of this Code; however, deviations may be requested where such deviations are shown to further these rural village design standards by providing for pedestrian scale signage standards with neighborhood centers or the village center. (5) Native vegetation. Native vegetation shall be preserved as set forth in section 4.06.04. (6) Greenbelt. Except within the NBMO rural village, a greenbelt averaging a minimum of 300 feet in width, but not less than 200 feet in width at any location, shall be required at the perimeter of the rural village. The greenbelt is required to ensure a permanently undeveloped edge surround- ing the rural village, thereby discouraging sprawl. Greenbelts shall conform to the following: (a) Greenbelts may only be designated on RFMU receiving lands. (b) The allowable residential density shall be shifted from the desig- nated greenbelt to the rural village. (c) The greenbelt may be concentrated to a greater degree in areas where it is necessary to protect listed species habitat, including wetlands and uplands, provide for a buffer from adjacent natural reservations,or provide for wellfield or aquifer protection. However, at no location shall the greenbelt be less than 300 feet in width. (d) Golf courses and existing agriculture operations are permitted within the greenbelt, subject to the vegetation retention standards set forth in section 4.06.04. However, golf course turf areas shall only be located within 100 feet of the greenbelt boundaries (interior and exterior boundary); further, these turf areas shall only be located in previously cleared or disturbed areas. (7) Open space:Within the rural village, a minimum of 40%of open space shall be provided, inclusive of the greenbelt. Supp. No.3 LDC2:105 COLLIER COUNTY LAND DEVELOPMENT CODE 2.03.08 A.2. 2.03.08 A.2. (8) Process for Approval of a rural village. Applications for approval shall be submitted in the form of a Planned Unit Development(PUD) rezone utilizing the standard form(s) developed by Collier County, and subject to the Fees established for a PUD rezone application. Where applicable, the rural village PUD application will be submitted in conjunction with a development of Regional Impact(DRI)application as provided for in Chapter 380 of Florida Statutes, or in conjunction with any other Florida provisions of law that may supercede the DRI process. The applicant shall notify the owner(s) of subsurface mineral rights to the property within the boundaries of the proposed rural village prior to approval of the PUD.The Application for rural village PUD approval shall demonstrate general compliance with the provi- sions of section 2.03.06 and shall include the following additional submittal requirements: (a) EIS.An environmental impact statement for the rural village and surrounding greenbelt area shall be submitted an accordance with the requirements of Chapter 10 of this Code. (b) Demonstration of Fiscal Neutrality. An analysis that demonstrates that the rural village will be fiscally neutral to county taxpayers outside of the rural village.This analysis shall evaluate the demand and impacts on levels of service for public facilities and the cost of such facilities and services necessary to serve the rural village. In addition, this evaluation shall identify projected revenue sources for services and any capital improvements that may be necessary to support the rural village. In conclusion, this analysis shall indicate what provisions and/or commitments will be to ensure that the provision of necessary facilities and services will be fiscally neutral to County taxpayers outside of the rural village. At a minimum, the analysis shall consider the following: i. Stormwater/drainage facilities; ii. Potable water provisions and facilities; iii. Reuse or "Grey" water provisions for irrigation; iv. Central sewer provisions and facilities; v. Law enforcement facilities; vi. School facilities; vii. Roads, transit, bicycle and pedestrian facilities and path- ways; a) Solid waste facilities. b) Development phasing and funding mechanisms to address any impacts to level of service in accor- dance with the county's adopted concurrency man- Supp. No.3 LDC2:106 ZONING DISTRICTS AND USES 2.03.08 A.2. 2.03.08 A.3. agement program to ensure that there will be no degradation to the adopted level of service for public facilities and infrastructure identified in (1) through (7) above. 3. Neutral lands. Neutral lands have been identified for limited semi-rural residential devel- opment.Available data indicates that neutral lands have a higher ratio of native vegetation, and thus higher habitat values, than lands designated as RFMU receiving lands, but these values do not approach those of RFMU sending lands. Therefore, these lands are appropriate for limited development, if such development is directed away from existing native vegetation and habitat. Within neutral lands, the following standards shall apply: a. Allowable uses. The following uses are permitted as of right: (1) Uses Permitted as of Right. (a) Agricultural activities, including, but not limited to: Crop raising, horticulture, fruit and nut production, forestry, groves, nurseries, ranching, beekeeping, poultry and egg production, milk production, livestock raising, and aquaculture for native species subject to the State of Florida Fish and Wildlife Conservation Commission. Own- ing, maintaining or operating any facility or part thereof for the following purposes is prohibited: i. Fighting or baiting any animal by the owner of such facility or any other person or entity. ii. Raising any animal or animals intended to be ultimately used or used for fighting or baiting purposes. iii. For purposes of this subsection, the term baiting is defined as set forth in § 828.122(2)(a), F.S., as it may be amended from time to time. (b) Single-family residential dwelling units, including mobile homes where a mobile home Zoning Overlay exists. (c) Dormitories, duplexes and other types of staff housing, as may be incidental to, and in support of, conservation uses. (d) Group housing uses subject to the following density/intensity limitations: (e) Family Care Facilities: 1 unit per 5 acres; (f) Group Care Facilities and other Care Housing Facilities: Maximum floor area ratio (FAR) not to exceed 0.45. (g) Staff housing as may be incidental to, and in support of, safety service facilities and essential services. Supp. No. 3 LDC2:107 COLLIER COUNTY LAND DEVELOPMENT CODE 2.03.08 A.3. 2.03.08 A.3. (h) Farm labor housing limited to 10 acres in any single location: i. Single family/duplex/mobile home: 11 dwelling units per acre; ii. Multifamily/dormitory: 22 dwelling units/beds per acre. (i) Sporting and Recreational camps, not to exceed 1 cabin/lodging unit per 5 gross acres. (j) Those essential services identified in section 2.01.03 (A). (k) Golf courses or driving ranges, subject to the following standards: i. Golf courses shall be designed, constructed, and managed in accordance with the best management practices of Audubon International's Gold Signature Program. The project shall demonstrate that the Principles for Resource Management required by the Gold Signature Program (Site Specific Assessment, Habitat Sensitivity, Native and Naturalized Plants and Natural Landscaping,Water Conservation,Waste Management, Energy Conservation & Renewable Energy Sources, Transportation, Greenspace and Corridors, Agri- culture, and Building Design) have been incorporated into the golf course's design and operational procedures. ii. In order to prevent the contamination of soil, surface water and ground water by the materials stored and handled by golf course maintenance operations, golf courses shall comply with the Best Management Practices for Golf Course Maintenance Departments, prepared by the Florida Depart- ment of Environmental Protection, May 1995. iii. To protect ground and surface water quality from fertilizer and pesticide usage, golf courses shall demonstrate the following management practices: a) The use of slow release nitrogen sources; b) The use of soil and plant tissue analysis to adjust timing and amount of fertilization applications; c) The use of an integrated pest management program using both biological and chemical agents to control various pests; d) The coordination of pesticide applications with the timing and application of irrigation water; e) The use of the procedure contained in IFAS Circular 1011, Managing Pesticides for Golf Course Mainte- Supp. No.3 LDC2:108 ZONING DISTRICTS AND USES 2.03.08 A.3. 2.03.08 A.3. nance and Water Quality Protection, May 1991 (revised 1995) to select pesticides that will have a minimum adverse impact on water quality. iv. To ensure water conservation,golf courses shall incorporate the following in their design and operation: a) Irrigation systems shall be designed to use weather station information and moisture-sensing systems to determine the optimum amount of irrigation water needed considering soil moisture and evapotrans- piration rates. b) As available, golf courses shall utilize treated efflu- ent reuse water consistent with Sanitary Sewer Sub-Element Objective 1.4 and its policies. c) Native plants shall be used exclusively except for special purpose areas such as golf greens, fair- ways, and building sites. Within these excepted areas, landscaping plans shall require that at least 75% of the trees and 50% of the shrubs be freeze- tolerant native Floridian species.At least 75%of the required native trees and shrubs shall also be drought tolerant species. v. Stormwater management ponds shall be designed to mimic the functions of natural systems: by establishing shorelines that are sinuous in configuration in order to provide in- creased length and diversity of the littoral zone. A Littoral shelf shall be established to provide a feeding area for water dependent avian species. The combined length of vertical and rip-rapped walls shall be limited to 25% of the shore- line. Credits to the site preservation area requirements, on an acre-to-acre basis, shall be given for littoral shelves that exceed these littoral shelf area requirements. vi. Site preservation and native vegetation retention require- ments shall be the same as those set forth in the RFMU district criteria. Site preservation areas are intended to provide habitat functions and shall meet minimum dimen- sions as set forth in the LDC. These standards shall be established within one year. (I) Public educational plants and ancillary plants. (m) Oil and gas exploration, subject to applicable state and federal drilling permits and Collier County non-environmental site develop- ment plan review procedures. Directional-drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize Supp. No.6 LDC2:109 COLLIER COUNTY LAND DEVELOPMENT CODE 2.03.08 A.3. 2.03.08 A.3. impacts to native habitats, where determined to be practicable.This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, F.A.C., as those rules existed on Oct. 3, 2005 [effective date of this provision] regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001(2), F.A.C. All applicable Collier County environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the applicant shall be responsible for convening the Big Cypress Swamp Advisory Com- mittee as set forth in Section 377.42, F.S.,to assure compliance with Chapter 62C-25 through 62C-30, F.A.C., even if outside the defined Big Cypress Watershed. All oil and gas access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62C-30.005(2)(a)(1) through (12), F.A.C. n. Park, open space, and recreational uses. o. Private schools. (2) Accessory uses. The following uses are permitted as accessory to uses permitted as of right or to approved conditional uses: (a) Accessory uses and structures that are accessory and incidental to uses permitted as of right in section 2.03.08(A)(3)(a)(1) above. (b) Recreational facilities that serve as an integral part of a residential development and have been designated, reviewed, and approved on a site development plan or preliminary subdivision plat for that development. Recreational facilities may include, but are not limited to clubhouse, community center building, tennis facilities, play- grounds and playfields. (3) Conditional uses.The following uses are permissible as conditional uses subject to the standards and procedures established in section 10.08.00. (a) Zoo, aquarium, botanical garden, or other similar uses. (b) Community facilities, such as, places of worship, childcare facilities, cemeteries, social and fraternal organizations. (c) Sports instructional schools and camps. (d) Multi-family residential structures, subject to the following develop- ment standards: (I) Building height limitation: 2 stories Supp. No. 6 LDC2:110 ZONING DISTRICTS AND USES 2.03.08 A.3. 2.03.08 A.3. (ii) Buffer: 10 foot wide landscape buffer with trees spaced no more than 30 feet on center; (iii) Setbacks:50%of the height of the building, but not less than 15 feet. (e) Those essential services identified in sections 2.01.03 (G)(1) and (G)(3). (f) Oil and gas field development and production, subject to applicable state and federal field development permits and Collier County non-environmental site development plan review procedures. Di- rectional-drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, F.A.C., as those rules existed on January 14, 2005, regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001(2), F.A.C. All applicable Collier County environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the applicant shall be responsible for convening the Big Cypress Swamp Advisory Com- mittee as set forth in Section 377.42, F.S.,to assure compliance with Chapter 62C-25 through 62C-30, F.A.C., even if outside the defined Big Cypress Watershed. All oil and gas access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62C-30.005(2)(a)(1) through (12), F.A.C. (g) Earth mining and extraction and related processing. (h) Facilities for the collection, transfer, processing, and reduction of solid waste. (i) Those essential services identified in sections 2.01.03 (G)(1) and (G)(3). (j) Oil and gas field development and production, subject to state field development permits and Collier County non-environmental site development plan review procedures. Directional-drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practi- cable.This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, F.A.C., regardless of whether the activity Supp. No.6 LDC2:111 COLLIER COUNTY LAND DEVELOPMENT CODE 2.03.08 A.3. 2.03.08 A.3. occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001(2), F.A.C. All applicable Collier County environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the applicant shall be responsible for convening the Big Cypress Swamp Advisory Com- mittee as set forth in Section 377.42, F.S.,to assure compliance with Chapter 62C-25 through 62C-30, F.A.C., even if outside the defined Big Cypress Watershed. All oil and gas access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62-30.005(2)(a)(1)through(12), F.A.C. (k) Earth mining and extraction and related processing. b. Density. (1) Maximum gross density.The maximum gross density in neutral lands shall not exceed one dwelling unit per five gross acres (0.2 dwelling units per acre), except that the maximum gross density for those legal nonconform- ing lots or parcels in existence as of June 22, 1999, shall be one dwelling unit per lot or parcel. (2) Residential clustering. Clustering of residential development is allowed and encouraged. Where clustered development is employed, it shall be in accordance with the following provisions: (a) If within the boundaries of the Rural Transition Water and Sewer District, as delineated on the Urban-Rural Fringe Transition Zone Overlay Map in the Future Land Use Element of the GMP, and consistent with the provisions of the Potable Water and Sanitary Sewer Sub-elements of this Plan, central water and sewer shall be extended to the project. Where County sewer or water services may not be available concurrent with development in neutral lands, interim private water and sewer facilities may be approved. (b) The clustered development shall be located on the site so as to provide to the greatest degree practicable: i. protection for listed species habitat; ii. preservation of the highest quality native vegetation iii. connectivity to adjacent natural reservations or preserva- tion areas on adjacent developments; and iv. creation, maintenance or enhancement of wildlife corridors. (c) The minimum project size shall be at least 40 acres. Supp. No. 6 LDC2:112 ZONING DISTRICTS AND USES 2.03.08 A.3. 2.03.08 A.3. c. Dimensional and design standards. Dimensional and Design Standards set forth in section 4.02.01 of this Code shall apply to all development in neutral lands,except for development utilizing the residential clustering provisions in section 2.03.08(A)(3)(b)(2) above. In the case of such clustered development, the following dimensional stan- dards shall apply to all permitted housing structure types,accessory,and conditional uses: (1) Development that is Not Clustered: (a) Minimum lot area:5 Acres. (b) Minimum lot width: 165 Feet. (c) Minimum yard Requirements: i. Front yard:50 feet. ii. Side yard:30 feet. iii. Rear yard: 50 feet. iv. Nonconforming lots in existence as of June 22, 1999: a) Front yard:40 feet. �.- b) Side yard: 10 percent of lot width, not to exceed 20 feet on each side. c) Rear yard:50 feet. (2) Development that is Clustered. (a) Minimum lot area:4,500 square feet. (b) Maximum lot area:One Acre. (c) Minimum lot width: Interior lots 40 feet. (d) Maximum lot width: 150 feet. (3) Height Limitations. (a) Principal:35 feet. (b) Accessory:20 feet, except for screen enclosures, which may be the same height as the principal structure. (c) Golf course/community clubhouses:50 feet. (4) Floor area.The minimum floor area for each dwelling unit shall be 800 square feet. (5) Parking.As required in Chapter 4. Supp.No.15 LDC2:113 COLLIER COUNTY LAND DEVELOPMENT CODE 2.03.08 A.3. 2.03.08 A.4. (6) Landscaping.As required in Chapter 4. (7) Signs:As required in section 5.06.00. d. Native vegetation retention. Native vegetation shall be preserved as set forth in Chapter 4. e. Usable open space. (1) Projects of 40 acres or more in size shall provide a minimum of 70% usable open space. (2) Usable open space includes active or passive recreation areas such as parks, playgrounds, golf courses, waterways, lakes, nature trails, and other similar open spaces.Usable open space shall also include areas set aside for conservation or preservation of native vegetation and landscape areas. (3) Open water beyond the perimeter of the site, street right-of-way, except where dedicated or donated for public uses,driveways,off-street parking and loading areas, shall not be counted towards required usable open space. 4. RFMU sending lands. RFMU sending lands are those lands that have the highest degree of environmental value and sensitivity and generally include significant wetlands, uplands, and habitat for listed species. RFMU sending lands are the principal target for preservation and conservation. Density may be transferred from RFMU sending lands as provided in LDC section 2.03.07 D.4.c.All NRPAs within the RFMU district are also RFMU sending lands.With the exception of specific provisions applicable only to NBMO neutral lands, the following standards shall apply within all RFMU sending lands: a. Allowable uses where TDR credits have not been severed. (1) Uses Permitted as of Right: (a) Agricultural uses consistent with Sections 163.3162 and 823.14(6) Florida Statutes (Florida Right to Farm Act). (b) Detached single-family dwelling units, including mobile homes where the mobile home Zoning Overlay exists, (c) Habitat preservation and conservation uses. (d) Passive parks and other passive recreational uses. (e) Sporting and Recreational camps, within which the lodging compo- nent shall not exceed 1 unit per 5 gross acres. (f) Those essential services identified in section 2.01.03(B). (g) Oil and gas exploration, subject to applicable state and federal drilling permits and Collier County non-environmental site develop- ment plan review procedures. Directional-drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize Supp.No.15 LDC2:114 ZONING DISTRICTS AND USES 2.03.08 A.4. 2.03.08 A.4. impacts to native habitats, where determined to be practicable.This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, F.A.C., as such rules existed on Oct. 3, 2005 [the effective date of this provision], regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001(2), F.A.C. All applicable Collier County environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the applicant shall be responsible for convening the Big Cypress Swamp Advisory Commit- tee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, F.A.C., even if outside the defined Big Cypress Watershed. All oil and gas access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62C-30.005(2)(a)(1) through (12), F.A.C. (2) Accessory uses. Accessory uses and structures that are accessory and incidental to uses permitted as of right in LDC section 2.03.08 A.4.a.1 above. (3) Conditional uses. (a) Those essential services identified in LDC section 2.01.03 G.2 and 4. (b) Public facilities, including solid waste and resource recovery facili- ties, and public vehicle and equipment storage and repair facilities, shall be permitted within Section 25,Township 49S, Range 26E, on lands adjacent to the existing County landfill. This shall not be interpreted to allow for the expansion of the landfill into Section 25 for the purpose of solid waste disposal. (c) Oil and gas field development and production, subject to applicable state and federal field development permits and Collier County non-environmental site development plan review procedures. Directional-drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, F.A.C., as those rules existed on Oct. 3, 2005 [the effective date of this provision], regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001(2), F.A.C. All applicable Collier County environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil Supp.No.21 LDC2:115 COLLIER COUNTY LAND DEVELOPMENT CODE 2.03.08 A.4. 2.03.08 A.4. and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the applicant shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, F.A.C., even if outside the defined Big Cypress Watershed. All oil and gas access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62C-30.005(2)(a)(1) through (12), F.A.C. (d) Commercial uses accessory to permitted uses 1.a, 1.c. and 1.d above, such as retail sales of produce accessory to farming, or a restaurant accessory to a park or preserve, so long as restrictions or limitations are imposed to insure the commercial use functions as an accessory, subordinate use. b. Allowable uses where TDR credits have been severed. (1) Uses Permitted as of Right: (a) Agricultural uses consistent with Sections 163.3162 and 823.14(6) Florida Statutes (Florida Right to Farm Act), including water manage- ment facilities,to the extent and intensity that such operations exist at the date of any transfer of development rights. (b) Cattle grazing on unimproved pasture where no clearing is required; (c) Detached single-family dwelling units, including mobile homes where the mobile home Zoning Overlay exists, at a maximum density of one dwelling unit per 40 acres. In order to retain these development rights after any transfer, up to one dwelling must be retained (not transferred) per 40 acres. (d) One detached dwelling unit, including mobile homes where the mobile home zoning overlay exists, per lot or parcel in existence as of June 22, 1999, that is less than 40 acres. In order to retain these development rights after any transfer, up to one dwelling must be retained (not transferred) per each lot or parcel. For the purposes of this provision, a lot or parcel shall be deemed to have been in existence as of June 22, 1999, upon a showing of any of the following: the lot or parcel is part of a subdivision that was recorded in the public records of the County on or before June 22, 1999; ii. a description of the lot or parcel, by metes and bounds or other specific legal description, was recorded in the public records of the County on or before June 22, 1999; or Supp.No.21 LDC2:116 ZONING DISTRICTS AND USES 2.03.08 A.4. 2.03.08 A.4. iii. an agreement for deed for the lot or parcel, which includes description of the lot or parcel by limited fixed boundary, was executed on or before June 22, 1999. (e) Habitat preservation and conservation uses. (f) Passive parks and passive recreational uses. (g) Those essential services identified in section 2.01.03 B. (h) Oil and gas exploration, subject to applicable state and federal drilling permits and Collier County non-environmental site develop- ment plan review procedures. Directional-drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable.This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, F.A.C., as those rules existed on Oct. 3, 2005 [the effective date of this provision], regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001(2), F.A.C. All applicable Collier County environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the applicant shall be responsible for convening the Big Cypress Swamp Advisory Commit- tee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, F.A.C., even if outside the defined Big Cypress Watershed. All oil and gas access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62C-30.005(2)(a)(1) through (12), F.A.C. (i) Mitigation in conjunction with any County, state,or federal permitting. (2) Conditional uses: (a) Those essential services identified in LDC section 2.01.03 G.2 and 4. (b) Oil and gas field development and production, subject to applicable state and federal field development permits and Collier County non-environmental site development plan review procedures. Directional-drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, F.A.C., as those rules existed on Oct. 3, 2005 [the effective date of this Supp.No.21 LDC2:117 COLLIER COUNTY LAND DEVELOPMENT CODE 2.03.08 A.4. 2.03.08 A.4. provision], regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001(2), F.A.C. All applicable Collier County environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the applicant shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, F.A.C., even if outside the defined Big Cypress Watershed. All oil and gas access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62C-30.005(2)(a)(1) through (12), F.A.C. (c) Conditional use approval criteria:In addition to the criteria set forth in section 10.08.00 of this Code, the following additional criteria shall apply to the approval of conditional uses within RFMU sending lands: i. The applicant shall submit a plan for development that demonstrates that wetlands, listed species and their habitat are adequately protected as specified in Chapters 3, 4 and 10. ii. Conditions may be imposed, as deemed appropriate, to limit the size, location, and access to the conditional use. c. Density. (1) 1.0 dwelling units per 40 gross acres; or (2) 1.0 dwelling unit per nonconforming lot or parcel in existence as of June 22, 1999. For the purpose of this provision, a lot or parcel which is deemed to have been in existence on or before June 22, 1999 is: (a) A lot or parcel which is part of a subdivision recorded in the public records of Collier County, Florida; (b) A lot or parcel which has limited fixed boundaries, described by metes and bounds or other specific legal description, the description of which has been recorded in the public records of Collier County Florida on or before June 22, 1999; or Supp.No.21 LDC2:118 ZONING DISTRICTS AND USES 2.03.08 A.4. 2.03.08 B.1. (c) A lot or parcel which has limited fixed boundaries and for which an agreement for deed was executed prior to June 22, 1999. d. Native vegetation retention. As required in Chapter 4. e. Other dimensional design standards. Dimensional standards set forth in section 4.02.01 of this Code shall apply to all development in Sending designated lands of the RFMU district, except as follows: (1) Lot Area and Width. (a) Minimum lot Area: 40 acres. (b) Minimum lot Width: 300 Feet. (2) Parking. As required in Chapter 4. (3) Landscaping. As required in Chapter 4. (4) Signs. As required in section 5.06.00. 5. Specific vegetation standards for the RFMU district. For these specific standards, please refer to section 3.05.07 C. through 3.05.07 E. of this Code. B. Natural resource protection area overlay district (NRPA). 1. Purpose and intent.The purpose and intent of the Natural Resource Protection Area Overlay District (NRPA) is to: protect endangered or potentially endangered species by directing incompatible land uses away from their habitats; to identify large, connected, intact, and relatively unfragmented habitats, which may be important for these listed species; and to support State and Federal agencies' efforts to protect endangered or potentially endangered species and their habitats. NRPAs may include major wetland systems and regional flow-ways.These lands generally should be the focus of any federal, state, County, or private acquisition efforts. Accordingly, allowable land uses, vegetation preservation standards, development standards, and listed species protection criteria within NRPAs set forth herein are more restrictive than would otherwise be permitted in the underlying zoning district and shall to be applicable in addition to any standards that apply tin the underlying zoning district. a. NRPA overlay areas. NRPAs are located in the following areas: (1) Clam Bay Conservation Area (within Pelican Bay Planned Unit develop- ment); (2) CREW (Corkscrew Regional Ecosystem Watershed); (3) North Belle Meade; (4) South Belle Meade; Supp. No. 9 LDC2:119 COLLIER COUNTY LAND DEVELOPMENT CODE 2.03.08 B.1. 2.03.08 B.1. ... (5) South Golden Gate Estates. The NRPA lands within the Rural Fringe Mixed Use District to which the Section 2.03.08 C. regulations apply (i.e. - numbers 3 and 4 above) are depicted by the following map: L£6 COUNTY RURAL FRINGE MIXED USE DISTRICT NATURAL RESOURCE PROTECTION AREAS A MMOKA.EE ROAD ut LOLPYTv I m w r, tMMOKALEE ROA') RANDALL BLVD GOLDEN GATE BOULEVARD l INTERSTATE .75 (. ci ® mmr 11111111111111.11111111 Supp.No. 9 LDC2:120 ZONING DISTRICTS AND USES 2.03.08 B.1. 2.03.08 C.1. b. NRPAS designated as RFMU sending lands within the RFMU district. NRPAs located in the RFMU district are identified as RFMU sending lands and are further subject to the provisions,conditions and standards set forth in section 2.03.08 (A)(4). Private property owners within these NRPAs may transfer residential development rights from these important environmentally sensitive lands to other identified "receiv- ing" lands pursuant to eth specific provisions set forth in section 2.01.03 of this Code. c. Development standards. Development within a NRPA shall adhere to the following standards: (1) Vegetation Retention and Site Preservation - Native vegetation retention shall be as required in Chapter 4. (2) Permitted and conditional uses for all lands within a NRPA that are zoned CON and for those lands within any NRPA that are publicly owned shall be as set forth in sections 2.03.05 (B)(1)(a), (b) and (c), respectively. (3) For privately owned lands within a NRPA within the RFMU district, permitted and conditional uses shall be those as set forth in the RFMU district Sending Lands (section 2.03.08 A.4.). (4) For privately owned lands within a NRPA and designated Estates, permitted and conditional uses shall be those as set forth in the Estates Designation within the Golden Gate Area Master Plan.As these privately owned Estates Designated lands are acquired for conservation purposes, the Comprehen- sive Plan and will be amended to change the Designation to Conservation and • the property will be rezoned to the CON district. (5) There are approximately 15 sections of privately owned land within a NRPA that are not designated Sending and are not located within the RFMU district. Eight(8) of these sections, known as the "hole-in-the-doughnut," are located within the South Golden Gate Estates NRPA and surrounded by platted Estates lots, almost all of which have been acquired by the State under the Florida Forever program as part of the Picayune Strand State Forest. The remaining seven (7) sections are within an approved mitigation bank located north and west of Corkscrew Swamp Sanctuary. As these privately owned Agricultural/Rural Designated lands are acquired for conservation purposes, the Plan will be amended to change the Designation to CON district. Until such time as the designation on these lands is change to CON district, permitted and conditional uses for these privately owned lands shall be those set forth in underlying zoning district. C. North Belle Meade Overlay District(NBMO). 1. Purpose and intent.The North Belle Meade Overlay(NBMO)is unique to the RFMU district because it is surrounded by areas that are vested for development on three sides. Because this area is largely undeveloped and includes substantial vegetated areas,the NBMO can and does provide valuable habitat for wildlife,including endangered species.The NBMO is intended Supp.No.15 LDC2:121 COLLIER COUNTY LAND DEVELOPMENT CODE 2.03.08 C.1. 2.03.08 C.3. to achieve a balance of both preservation and opportunities for future development that takes into account resource protection and the relationship between this area and the Estates developing around the NBMO. 2. General location.The NBMO District is surrounded by Golden Gate Estates to the north,east, and west and 1-75 to the south.This NBMO comprises some 24 sections of land(approximately 15,550 acres) located entirely within the RFMU District (LDC section 2.03.08 A.). The boundaries of the NBMO District are outlined in Illustration 2.03.08 C.2.a below and on the North Belle Meade Overlay Map in the Future Land Use Element of the GMP. NORTH BELLE MEADE OVERLAY DISTRICT GOLDEN GATE BOULEVARD rn o co Ci) Op 2 uJ LY O ALLIGATOR ALLEY (S.R.84) INTERSTATE-75 _.. ... - .. LEGEND Illustration 2.03.08 C.2.a 3. Applicability: a. NBMO receiving lands. Permitted, conditional, and accessory uses within NBMO Receiving Lands shall be as set forth in LDC section 2.03.08 A.2, except as provided in LDC section 2.03.08 C.5.a. All other provisions of this Code that implement the Future Land Use Element,Conservation and Coastal Management Element,or Public Facilities Element, including but not limited to Chapters 3, 4 and 10, shall only be applicable to development in NBMO Receiving Lands to the extent specifically stated in this section.However,all development within NBMO Receiving Lands shall comply with all non-environmental review procedures for site development plans and platting as set forth in this Code. b. NBMO neutral lands. Except as otherwise specifically provided in LDC section 2.03.08 C.4.and LDC section 2.03.08 C.5.b., all development within NBMO neutral lands shall be consistent with LDC section 2.03.08 A.3. Supp.No.15 LDC2:122 ZONING DISTRICTS AND USES 2.03.08 C.3. 2.03.08 C.4. c. NBMO sending lands. Except as otherwise specifically provided in LDC section 2.03.08 C.4., all development with NBMO Sending Lands shall be consistent with LDC section 2.03.08 A.4. 4. General planning and design considerations: a. Transportation.As a condition for the approval of the residential component of any subdivision plat,site development plan, PUD,or DRI within Sections 21,28,or 27 of the NBMO,the following transportation related improvements and planning and design elements shall be addressed and provision made for their completion. (1) An extension of Wilson Boulevard shall be provided, including ROW dedica- tion and construction to County collector road standards,through Section 33, Range 27 East, extending to the south to Interstate 75 via an interchange or service road for residential development should it commence in Sections 21, 28 and 27. The portion of Wilson Boulevard that traverses through NBMO Sending Lands shall be designed with aquatic species crossings and small terrestrial animal crossings. (2) As an alternative to (1) above, a haul road along an extension of Wilson Boulevard shall be improved to standards sufficient, in the opinion of County transportation staff, to safely serve earth-mining activities with a connection through Sections 32 and 31 to Landfill Road. �-- (3) Lands required for the extension of Wilson Boulevard will be dedicated to Collier County at the time of rezoning.The right-of-way shall be of a sufficient size to accommodate collector road requirements. (4) All new roads and road improvements, other than the Wilson Boulevard extension and the haul road referenced in 2 above, shall: (a) be routed so as to avoid traversing publicly owned natural preserves, publicly owned parks, publicly owned recreation areas, areas identi- fied as environmentally sensitive wildlife habitat,wildlife corridors,and greenways unless there is no feasible and prudent alternative; and (b) be designed with aquatic species crossings, small terrestrial animal crossings, and large terrestrial animal crossings pursuant to Florida Fish and Wildlife Conservation Commission criteria. b. Buffering.The western 1/4 of Sections 22 and 27 shall be buffered from the NBMO NRPA to the east by a buffer preservation that includes all of the eastern 1/2 of the western 1/4 of Sections 22 and 27.This buffer shall consist of lake excavation areas between the Wilson Boulevard extension road right-of-way and the NRPA. c. Greenway.A Greenway that follows natural flowways, as contemplated in the Com- munity Character Plan prepared by Dover Kohl,shall be created within NBMO Sending Lands.As a condition to the creation of TDR credits from NBMO Sending Lands that constitute natural flowways,such lands shall be dedicated to a public or private entity for use as part of the Greenway. Supp.No.15 LDC2:123 COLLIER COUNTY LAND DEVELOPMENT CODE 2.03.08 C.S. 2.03.08 C.S. 5. Additional specific area provisions. a. Receiving lands. (1) Density. (a) The base density in RFMU receiving lands, outside of a rural village is one dwelling unit per five (5) gross acres. (b) This density may be increased, through TDR credits and TDR Bonus Credits, up to a maximum of 1 dwelling unit per gross acre. (c) Once a density of 1 dwelling unit per gross acre is achieved through TDR credits and TDR Bonus Credits, additional density may be achieved as follows: 0.1 dwelling unit per acre for each acre of native vegetation preserved on-site; ii. 0.1 dwelling unit per acre for each acre of wetlands having a functionality value, as assessed using the South Florida Water Management District's Unified Wetlands Mitigation Assessment Method, of 0.65 or greater that are preserved on-site;and/or 0.1 dwelling unit per acre for each acre of NBMO Sending Land that is within either a NRPA or a buffer area adjoining a NRPA that is dedicated to a public or private entity for con- servation use. (2) The earth mining operation and asphalt plant uses that currently exist within NBMO Receiving Lands may continue and may expand as follows: (a) Until June 19, 2005, or such other date as the GMP is amended to provide, such uses may expand only into the western half of Section 21 and shall not generate truck traffic beyond average historic levels. (b) Such mining operations and an asphalt plant may expand on Sections 21 and 28 and the western quarters of 22 and 27 as a permitted use if either of the following occurs by June 19,2005,or such other date as the GMP is amended to provide: i. an alignment has been selected, funding has been deter- mined, and an accelerated construction schedule estab- lished by the BCC and the mine operator, for an east-west connector roadway between County Road 951 and the Wil- son Boulevard extension;or ii. the mine operator commits to construct a private haul road by June 19,2007,or such other date as the GMP is amended to provide, without the use of any public funds. Supp.No.15 LDC2:124 ZONING DISTRICTS AND USES 2.03.08 C.S. 2.03.08 C.S. (c) If the conditions for expansion set forth in b above are not satisfied, any mining operations or asphalt plant in these areas, other than continued operations on the western half of Section 21 at historic levels, shall be permitted only as a conditional use. (3) A greenbelt is not required for any development in NBMO Receiving Lands, whether inside or outside of a rural village. However, any greenbelt that is provided in a NBMO rural village shall be included in the calculation of open space. (4) NBMO rural village.A NBMO rural village shall adhere to the provisions for rural village set forth in LDC section 2.03.08 A.2.b, except as follows: (a) Density.An NBMO rural village shall have a minimum gross density of 1.5 dwelling units per acre and a maximum gross density of three (3) dwelling units per acre. The minimum required density shall be achieved through TDR credits, TDR Bonus Credits, and Rural Village Bonus credits, as provided in LDC section 2.03.08 A.2.b.(3)(c). ii. Once the minimum required density is achieved, additional density may be achieved, up to the maximum of three (3) dwelling units per gross acre through any one or combina- tion of the following: a) TDR credits; b) TDR Bonus Credits; c) 0.3 dwelling unit per acre for each acre of native vegetation preserved on-site; d) 0.3 dwelling unit per acre for each acre of wetlands having a functionality value, as assessed using the South Florida Water Management District's Unified wetlands Mitigation Assessment Method, of 0.65 or greater that are preserved on-site; and/or e) 0.3 dwelling unit per acre for each acre of NBMO Sending Land that is within either a NRPA or a buffer area adjoining a NRPA that is dedicated to a public or private entity for conservation use. (b) Sidewalks shall be required on both sides of the streets. (c) Interconnected bike lanes shall be provided on all collector and arterial roadways. (d) Schools shall be located within a NBMO rural village whenever possible, in order to minimize bussing of students. Furthermore, Supp.No.23 LDC2:125 COLLIER COUNTY LAND DEVELOPMENT CODE 2.03.08 C.S. 2.03.09 A.1. whenever possible, schools shall be co-located with other public facilities and civic structures, such as parks, libraries, community centers, public squares, greens, and civic areas. (e) Elementary schools shall be accessible by local streets and pedestrian and bicycle facilities and shall be located in or adjacent to the rural village center, provided that local streets provide access adequate to meets the needs of the School Board. b. Neutral lands. Neutral lands shall be governed by the standards set forth in LDC section 2.03.08 A.3.In addition to standards in LDC section 2.03.08 A.3, neutral lands located in Section 24,Township 49 South, Range 26 East, shall be governed by the North Belle Meade Overlay in the Future Land Use Element of the GMP.Where there is a conflict between provisions, the GMP overlay provisions shall apply. (Ord.No.04-72, §3.F;Ord.No.05-27, §3.E;Ord.No.05-49, §3.B;Ord.No.07-67, §3.E;Ord.No.08-08, §3.C; Ord.No.12-38, §3.C;Ord.No.16-27, §3.G;Ord.No. 18-18, §3.E;Ord.No. 19-08, §3.B;Ord.No.20-16, §3.D; Ord. No. 21-05, § 3.G) 2.03.09 Open Space Zoning Districts A. Golf Course and Recreational Use District "GC".The purpose and intent of "GC" district is to provide lands for golf courses, recreational uses, and normal accessory uses, including certain uses of a commercial nature. Recreational uses should be compatible in scale and manner with residential land uses.The GC district shall be in accordance with the urban mixed use district and the agricultural/rural mixed use district of the future land use element of the Collier County GMP.All uses shall be subject to design standards established in LDC section 5.05.15 H, and other applicable LDC standards. 1. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the GC district. a. Permitted uses. 1. Golf courses. 2. Hiking trails, walkways, multi-use paths and observation decks. 3. Passive recreation areas. 4. Disc golf. b. Accessory uses. 1. Uses and structures that are accessory and incidental to uses permitted as of right in the GC district. 2. Recreational facilities that serve as an integral part of a golf course use, including but not limited to clubhouse, community center building, practice driving range, shuffleboard courts, swimming pools and tennis facilities, snack shops and restrooms. 3. Pro shops with equipment sales, no greater than 1,000 square feet, associated with a golf course. Supp.No.23 LDC2:126 ZONING DISTRICTS AND USES 2.05.02 B.2. 2.05.02 B.4. flowways, are enhanced, such wetland areas shall be credited toward satis- faction of the native vegetation preservation requirements and shall not be considered impacted.These wetland areas may be used for water storage provided that the water discharged in these areas is pre-treated. h. Permitted uses for density blending under this provision include residential develop- ment and associated amenities, including golf courses meeting the criteria for golf courses within the Neutral area.This provision is not intended to eliminate any uses permitted within the applicable underlying zoning district(s). 3. Properties straddling the Immokalee urban area and the RLSA district. Density and intensity blending between properties straddling the Immokalee Urban Area and the RLSA District shall be permitted, subject to all of the following conditions and limitations: a. The project in aggregate must be a minimum of 200 acres in size. b. The lands from which density and/or blending are shifted must be within the Immokalee Urban Area must be designated Recreational/Tourist District. c. The lands within the Immokalee Urban Area from which density and/or intensity are shifted must have a FLUCFCS Code designation of Group 1 or Group 2 and an Index Value of greater than 1.2, both as indicated on the Natural Resource Index. d. Density and/or intensity may only be shifted from the lands within the Immokalee Urban Area containing the Index Value (as measured above), on an acre per acre basis, to lands within an SRA having an Index Value of 1.2 or less. e. Lands from which the density and/or intensity has been shifted, shall be placed in a conservation easement in perpetuity. 4. Lands straddling RFMU Receiving and Neutral Lands.Density blending between properties straddling Receiving and Neutral Lands in the RFMU District is permitted subject to all of the following conditions and limitations: a. The property was under unified control as of June 19, 2002; b. The project for which density is to be blended must be a minimum of eighty (80) aggregate acres in size; c. A minimum of 25% of the property must be RFMU Receiving Land; d. The project must extend central water and sewer to serve the entire project, unless alternative interim sewer and water provisions are authorized by the County;and e. The density must be shifted so as to preserve and protect the highest quality native vegetation and wildlife habitat on-site and to maximize the connectivity of such native vegetation and wildlife habitat with adjacent preservation and habitat areas. (Ord.No.05-27, §3.F, 6-8-05) Supp.No.18 LDC2:131 COLLIER COUNTY LAND DEVELOPMENT CODE 2.06.00 2.06.01 D.1. 2.06.00 AFFORDABLE HOUSING DENSITY BONUS 2.06.01 Generally A. Within most of the coastal urban designated areas identified on the future land use map of the Collier County GMP,a base density of four residential dwelling units per gross acre is permitted.However,the base density may be adjusted depending on the characteristics of the development.One characteristic of a housing development which would allow the addition of density bonuses in order to increase the density over the base density is the provision of affordable housing in the development.The provision of affordable housing units may add up to 12 dwelling units per gross acre to the base density of four residential dwelling units per gross acre, plus any other density bonuses available and minus any density reduction that is required, pursuant to the GMP.The total eligible density must not exceed the maximum density allowed pursuant to the GMP.The program to accomplish this increase to provide affordable housing is called the affordable housing density bonus (AHDB) program. B. Within most of the Immokalee Urban area,as identified on the Immokalee area master plan future land use map of the growth management plan, base densities are four or six or eight residential dwelling units per gross acre.However,the base density may be adjusted depending on the characteristics of the development. One characteristic of a housing development that would allow the addition of density bonuses is the provision of affordable housing in the development.The provision of affordable housing units may add up to 12 dwelling units per gross acre to the base density plus any other density bonuses available.The total eligible density must not exceed the maximum allowed pursuant to the GMP. C. Within the Rural Lands Stewardship Area Overlay of the Agricultural/Rural area, as identified on the future land use map of the growth management plan, towns, villages, hamlets and compact rural developments are allowed at a density range of one-half to four dwelling units per gross acre.The allowed density may be adjusted depending on the characteristics of the development.One character- istic of a housing development that would allow the addition of density bonuses is the provision of affordable housing in the development.The provision of affordable housing units may add up to eight dwelling units per gross acre to the allowed density of one-half to four dwelling units per gross acre,for a total of eight and one-half to twelve and one-half residential dwelling units per gross acre, plus any other density bonuses available. D. In order to qualify for the AHDB for a development,the developer must apply for and obtain the AHDB from the County for a development in accordance with this section, especially in accordance with the provisions of the AHDB program,including the AHDB rating system,the AHDB monitoring program,and the limitations on the AHDB. 1. Preapplication conference. Prior to submitting an application for AHDB, a preapplication conference may be scheduled with the County Manager or designee. The preapplication conference provides an opportunity to familiarize the applicant with the AHDB program and provides an opportunity for the county staff to obtain a clear understanding of the proposed development.The AHDB rating system,the AHDB monitoring program,the limitations,criteria, procedures, standard conditions, standard forms, and other information will be discussed and made available to the applicant. Depending on the type of development proposed, the application may be combined with an application for a planned unit development (PUD), a rezone, or a Stewardship Receiving Area. Supp.No.18 LDC2:132 ZONING DISTRICTS AND USES 2.06.01 D.2. 2.06.01 D.S. 2. Application. An application for AHDB for a development must be submitted to the County Manager or designee in the form established by the County Manager or designee. The application must, at a minimum, include: a. Zoning districts proposed by the applicant on the property and acreage of each; b. The total number of residential dwelling units in the proposed development, catego- rized by number of bedrooms and whether the unit is to be rented or owner-occupied; c. The total number of AHDB units requested, categorized by number of bedrooms and whether the unit is to be rented or owner-occupied; d. Total number of affordable housing units proposed in the development,categorized by level of income, number of bedrooms (one bedroom,two bedrooms,three bedrooms, or more), and rental units and owner-occupied units: i. Gap-income households. ii. Moderate-income households. iii. Low-income households. iv. Very-low-income housing units. e. Gross density of the proposed development; f. Whether the AHDB is requested in conjunction with an application for a PUD,rezoning, SRA, or a conditional use for a Commercial Mixed-Use project as provided for within LDC section 4.02.38;and g. Any other information which would reasonably be needed to address the request for AHDB for the development pursuant to the requirements set forth in this section. 3. Determination of completeness.After receipt of an application for AHDB,the County Manager or designee shall determine whether the application submitted is complete.If it is determined that the application is not complete,the County Manager or designee shall notify the applicant in writing of the deficiencies.The County Manager or designee shall take no further steps to process the application until the deficiencies have been remedied. 4. Review and recommendation by the County Manager or designee. After receipt of a com- pleted application for AHDB, the County Manager or designee must review and evaluate the application in light of the AHDB rating system, the AHDB monitoring program and the requirements of this section.The County Manager or designee must coordinate with the Zoning Division director or designee to schedule the AHDB application with the companion application for a PUD, rezoning, SRA, or conditional use, and must recommend to the planning commis- sion and the BCC to deny, grant, or grant with conditions, the AHDB application. The recommendation of the County Manager or designee must include a report in support of recommendation. 5. Review and recommendation by the planning commission. Upon receipt by the planning commission of the application for AHDB and the written recommendation and report of the County Manager or designee, the planning commission must schedule and hold a properly Supp.No.18 LDC2:133 COLLIER COUNTY LAND DEVELOPMENT CODE 2.06.01 D.S. 2.06.03 A. advertised and duly noticed public hearing on the application. If the application has been submitted in conjunction with an application for a PUD,rezoning,SRA,or conditional use,then the hearing must be consolidated and made a part of the public hearing on the respective application before the planning commission. The planning commission must consider the application for AHDB in conjunction with the application for the PUD, rezoning, SRA, or conditional use. After the close of the public hearing, the planning commission must review and evaluate the application in light of the requirements of this section and the requirements for a PUD,rezoning,SRA,or conditional use,as applicable,and must recommend to the BCC that the application be denied, granted or granted with conditions. 6. Review and determination by Board of County Commissioners. Upon receipt by the BCC of the application for AHDB and the written recommendation and report of the County Manager or designee and recommendation of the planning commission,the BCC must schedule and hold a properly advertised and duly noticed public hearing on the application.If the application has been submitted in conjunction with an application for a PUD, rezoning,SRA,or conditional use, then the hearing must be consolidated and made a part of the public hearing on the respective application before the BCC, and the BCC must consider the application for AHDB in conjunc- tion with the application for the PUD, rezoning, SRA, or conditional use.After the close of the public hearing,the BCC must review and evaluate the application in light of the requirements of this section and the requirements for a PUD, rezoning,SRA,or conditional use,and must deny, grant,or grant with conditions,the application in accordance with the AHDB rating system and the AHDB monitoring program. E. The procedures to request approval of a density bonus are described in Chapter 10 of this LDC, along with requirements for the developer's agreement to ensure compliance. (Ord.No.05-27, § 3.G;Ord.No.06-63, § 3.K;Ord. No. 19-02, § 3.B) 2.06.02 Purpose and Intent A. Section 2.06.00 is intended to implement and be consistent with the GMP,§ 163.3161 et seq.F.S, Rule 9J-5, F.A.C.,and the Stipulated Settlement Agreement in DOAH Case No.89-1299 GM,by providing for moderate-, low-, and very-low-income housing through the use of density bonuses which allow an increase in the number of residential dwelling units per acre allowed on property proposed for development, thereby decreasing the per unit cost of land and development. B. This objective is accomplished by implementing an AHDB program which consists of an AHDB rating system and an AHDB monitoring program. The purpose of the AHDB rating system is to provide increased residential densities to developers who guarantee that a portion of their housing development will be affordable by households of gap-,moderate-, low-,or very-low-income,thus expanding housing opportunities for gap-, moderate-, low-, and very-low-income households throughout the county.The purpose of the AHDB monitoring program is to provide assurance that the program is properly implemented, monitored, and enforced, and that useful information on affordable housing may be collected. (Ord.No. 19-02, §3.C) 2.06.03 AHDB Rating System A. The AHDB rating system shall be used to determine the amount of the AHDB which may be granted for a development, based on household income level,type of affordable housing units(owner-occupied or Supp.No.18 LDC2:134 ZONING DISTRICTS AND USES 2.06.03 A. 2.06.04 A. rental,single-family or multi-family),and percentage of affordable housing units in the development.To use the AHDB rating system,Table A below, shall be used.Table A shall be reviewed and updated, if necessary, on an annual basis by the BCC or its designee. Table A.Affordable Housing Density Bonus (Additional Available Dwelling Units Per Gross Acre) Maximum Allowable Density Bonus by Percent of Development Designated as Affordable Housing1'2,3 Product (% of MI) 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Gap 1 2 3 4 5 6 7 8 n/a n/a (>120—s140)4' 5 Moderate 2 4 5 6 7 8 9 10 11 12 (>80—s 120)4 Low(>50—s80) 3 6 7 8 9 10 11 12 12 12 Very-Low (s50) 7 8 9 10 11 12 12 12 12 12 Total Allowable Density= Base Density+Affordable Housing Density Bonus.In no event shall the maximum gross density exceed that which is allowed pursuant to the GMP. 2 Developments with percentages of affordable housing units which fall in between the percentages shown on Table A shall receive an AHDB equal to the lower of the two percentages it lies between,plus 1/10 of a residential dwelling unit per gross acre for each additional percentage of affordable housing units in the development. 3 Where more than one type of affordable housing unit(based on level of income shown above)is proposed for a development, the AHDB for each type shall be calculated separately.After the AHDB calculations for each type of affordable housing unit have been completed,the AHDB for each type of unit shall be added to those for the other type(s)to determine the maximum AHDB available for the development.In no event shall the AHDB exceed 12 dwelling units per gross acre. 4 Owner-occupied only. 5 May only be used in conjunction with at least 20%at or below 120%MI. B. The AHDB shall be available to a development only to the extent that it otherwise complies and is consistent with the GMP and the land development regulations, including the procedures, require- ments, conditions, and criteria for"PUDs" and rezonings, where applicable. C. The minimum number of affordable housing units that shall be provided in a development pursuant to this section shall be 10 percent of the total housing units. D. The ratio of number of bedrooms per affordable housing unit shall in general be equal to the ratio of the number of bedrooms per residential unit for the entire development. (Ord.No.05-27, §3.H;Ord. No.06-14, § 3.A;Ord.No. 19-02, §3.D) 2.06.04 Limitations on Affordable Housing Density Bonus Anything to the contrary notwithstanding, the following limitations and conditions shall apply to all of the AHDB for a development: A. Affordable housing density bonus development agreement required. The AHDB shall be available to a development only when an AHDB development agreement has been entered into by the developer/ applicant and the BCC, and such agreement has been approved by the county attorney and the BCC pursuant to the public hearing process established in this section prior to execution.Amendments to Supp.No.18 LDC2:135 COLLIER COUNTY LAND DEVELOPMENT CODE 2.06.04 A. 2.06.04 A.10. such agreement shall be processed as a regular agenda item before the BCC unless there is a companion land use petition. The AHDB development agreement shall include, at a minimum, the following provisions: 1. Legal description of the land subject to the agreement and the names of its legal and equitable owners. 2. Total number of residential dwelling units in the development. 3. Minimum number of affordable housing units, categorized by level of household income,type of unit (single-family or multifamily, owner-occupied or rental), and number of bedrooms, required in the development. 4. Maximum number of AHDB dwelling units permitted in the development. 5. Gross residential density of the development. 6. Amount of monthly rent for rental units, or the price and conditions under which an owner- occupied unit will be sold, for each type of affordable housing unit in accordance with the definition for each type of affordable housing rental unit low-and very-low-income. 7. The foregoing notwithstanding,any rent charged for an affordable housing unit rented to a low- or very-low-income household shall not exceed the amount published by the Florida Housing Finance Corporation for Collier County adjusted by income level, family size, and number of bedrooms, and updated annually. 8. No affordable housing unit in the development shall be rented to a tenant whose household income has not been verified and certified in accordance with this division as a low- or very-low-income household.Such verification and certification shall be the responsibility of the developer and shall be submitted to the County Manager or designee for approval.Tenant income verification and certification shall be repeated annually to assure continued eligibility. 9. No affordable housing unit that is to be sold, leased with option to purchase, or otherwise conveyed in the development shall be sold, leased with option to purchase, or otherwise conveyed to a buyer whose household income has not been verified and certified in accor- dance with this section as a gap-, moderate-, low-, or very-low-income household. Such verification and certification shall be the responsibility of the developer and shall be submitted to the County Manager or designee for approval.It is the intent of this section to keep housing affordable; therefore, any person who buys an affordable housing unit must agree, in a lien instrument to be recorded with the Clerk of the Circuit Court of Collier County,Florida,that if the property is sold (to a non-income qualified buyer, including the land and/or the unit)within 30 years after the original purchase at a sales price in excess of five percent per year of the original purchase price that he will pay to the county an amount equal to one-half of the sales price in excess of five percent increase per year. The lien instrument may be subordinated to a qualifying first mortgage. 10. For example, a person originally buys a designated affordable housing unit (a house) for $60,000.00 and sells it after five years for$80,000.00.A five percent increase per year for five years will give a value of$76,577.00.Deducting this amount from the sales price of$80,000.00 gives a difference of$3,423.00.The seller would then owe the county$1,711.50 (one-half of Supp.No.18 LDC2:136 ZONING DISTRICTS AND USES 2.06.04 A.10. 2.06.04 A.20. $3,423.00). Payment of this amount would release the recorded lien. Such payment shall be maintained in a segregated fund, established by the county solely for affordable housing purposes, and such money shall be used solely to encourage, provide for, or promote affordable housing in Collier County. 11. No affordable housing unit in any building or structure in the development shall be occupied by the developer, any person related to or affiliated with the developer, or a resident manager. 12. When the developer advertises, rents, sells or maintains the affordable housing unit, it must advertise, rent,sell,and maintain the same in a nondiscriminatory manner and make available any relevant information to any person who is interested in renting or purchasing such affordable housing unit.The developer shall agree to be responsible for payment of any real estate commissions and fees. The affordable housing units in the development shall be identified on all building plans submitted to the county and described in the application for AHDB. 13. The developer shall not disclose to persons, other than the potential tenant, buyer or lender of the particular affordable housing unit or units,which units in the development are designated as affordable housing units. 14. The square footage,construction and design of the affordable housing units shall be the same as market rate dwelling units in the development. 15. The AHDB agreement and authorized development shall be consistent with the growth management plan and land development regulations of Collier County that are in effect at the time of development. Subsequently adopted laws and policies shall apply to the AHDB agreement and the development to the extent that they are not in conflict with the number,type of affordable housing units and the amount of AHDB approved for the development. 16. The affordable housing units shall be intermixed with,and not segregated from,the market rate dwelling units in the development. 17. The conditions contained in the AHDB development agreement shall constitute covenants, restrictions,and conditions which shall run with the land and shall be binding upon the property and every person having any interest therein at any time and from time to time. 18. The AHDB development agreement shall be recorded in the official records of Collier County, Florida, subsequent to the recordation of the grant deed pursuant to which the developer acquires fee simple title to the property. 19. Each affordable housing rental unit shall be restricted to remain and be maintained as the type of affordable housing rental unit (low-or very-low-income) designated in accordance with the AHDB development agreement for at least 30 years from the issuance of a certificate of occupancy for such unit. 20. Each affordable housing owner-occupied unit shall be restricted to remain and be maintained as the type of affordable housing owner-occupied unit (gap-, moderate-, low-, or very-low- income)designated in accordance with the AHDB development agreement for at least 30 years from the issuance of a certificate of occupancy for such unit. Supp.No.18 LDC2:137 COLLIER COUNTY LAND DEVELOPMENT CODE 2.06.04 A.21. 2.06.05 B.1. 21. The developer and owner of a rental development shall provide on-site management to assure appropriate security, maintenance and appearance of the development and the dwelling units where these issues are a factor. B. Compliance with growth management plan and land development regulations. The AHDB shall be available to a development only to the extent that it otherwise complies and is consistent with the GMP and the land development regulations, including the procedures, requirements, conditions and criteria for PUDs and rezonings, where applicable. C. Minimum number of affordable housing units. The minimum number of affordable housing units that shall be provided in a development pursuant to this section shall be 10 percent of the total housing units. D. Nontransferable. The AHDB is not transferrable between developments or properties. E. Phasing. In the case where a development will occur in more than one phase, the percentage of affordable housing units to which the developer has committed for the total development shall be maintained in each phase and shall be constructed as part of each phase of the development on the property. For example, if the total development's AHDB is based on the provision of ten percent of the total dwelling units as affordable housing rental units for low-income households with two bedrooms per unit, then each phase must maintain that same percentage (10 percent in this case) cumulatively. (Ord.No.04-72, §3.H;Ord. No. 19-02, §3.E) 2.06.05 Affordable Housing Density Bonus Monitoring Program A. Annual progress and monitoring report. The AHDB for a development shall be subject to the AHDB monitoring program set forth in this section. The developer shall provide the County Manager or designee with an annual progress and monitoring report regarding the delivery of affordable housing rental/ownership units throughout the period of their construction, rental,sale,and occupancy for each of the developer's developments which involve the AHDB in a form developed by the County Manager or designee.The annual progress and monitoring report shall, at a minimum, require any information reasonably helpful to ensure compliance with this section and provide information with regard to affordable housing in Collier County. To the extent feasible, the County Manager or designee shall maintain public records of all dwelling units(AHDB and affordable housing units)constructed pursuant to the AHDB program, all affordable housing units constructed pursuant to the AHDB program, occupancy statistics of such dwelling units,complaints of violations of this section which are alleged to have occurred, the disposition of all such complaints, a list of those persons who have participated as tenants or buyers in the AHDB program,and such other records and information as the County Manager or designee believes may be necessary or desirable to monitor the success of the AHDB program and the degree of compliance therewith.Failure to complete and submit the monitoring report to the County Manager or designee within 60 days from the due date will result in a penalty of up to$50.00 per day per incident or occurrence unless a written extension not to exceed 30 days is requested prior to expiration of the 60-day submission deadline. B. Income verification and certification. 1. Eligibility. The determination of eligibility of gap-, moderate-, low-, and very-low-income households to rent or buy and occupy affordable housing units is the central component of the AHDB monitoring program.Household income eligibility is a three-step process: (a) Submittal of an application by a buyer or tenant; Supp.No.18 LDC2:138 ZONING DISTRICTS AND USES 2.06.05 B.1. 2.06.05 B.S. (b) Verification of household income and assets;and (c) Execution of an income certification. All three shall be accomplished prior to a buyer or tenant being qualified as an eligible household to rent or purchase and occupy an affordable housing unit pursuant to the AHDB program.No person shall occupy an affordable housing unit provided under the AHDB program prior to being qualified at the appropriate level of income (gap-, moderate-, low-, or very-low- income). 2. The developer shall be responsible for accepting applications from buyers or tenants,verifying income and obtaining the income certification for its development which involves AHDB,and all forms and documentation must be provided to the County Manager or designee prior to qualification of the buyer or tenant as a gap-, moderate-, low-, or very-low-income household. The County Manager or designee shall review all documentation provided, and may verify the information provided from time to time. Prior to occupancy by a qualified buyer or tenant, the developer shall provide to the County Manager or designee, at a minimum,the application for affordable housing qualification, including the income verification form and the income certifi- cation form, and the purchase contract, lease, or rental agreement for that qualified buyer or tenant.At a minimum,the lease shall include the name,address and telephone number of the head of household and all other occupants,a description of the unit to be rented,the term of the lease,the rental amount,the use of the premises,and the rights and obligations of the parties. Random inspections to verify occupancy in accordance with this section may be conducted by the County Manager or designee. 3. Application.A potential buyer or tenant shall apply to the developer, owner, manager,or agent to qualify as a gap-, moderate-, low-, or very-low-income household for the purpose of renting or owning and occupying an affordable housing unit pursuant to the AHDB program. The application for affordable housing qualification shall be in a form provided by the County Manager or designee and may be a part of the income certification form. 4. Income verification.The County Manager or designee or the developer shall obtain written verification from the potential occupant (including the entire household) to verify all regular sources of income to the potential tenant/owner (including the entire household).The written verification form shall include, at a minimum, the purpose of the verification, a statement to release information, employer verification of gross annual income or rate of pay, number of hours worked,frequency of pay,bonuses,tips and commissions and a signature block with the date of application.The verification shall be valid for up to 90 days prior to occupancy. Upon expiration of the 90-day period, the information may be verbally updated from the original sources for an additional 30 days, provided it has been documented by the person preparing the original verification.After this time,a new verification form must be completed.The income verification may take the form of the most recent year's filed income tax return for each occupant who had filed and will occupy the affordable housing unit. 5. Income certification. Upon receipt of the application and verification of income, an income certification form shall be executed by the potential buyer or tenant (including the entire household)prior to sale or rental and occupancy of the affordable housing unit by the owner or tenant. Income certification that the potential occupant has a gap-, moderate-, low-, or Supp.No.18 LDC2:139 COLLIER COUNTY LAND DEVELOPMENT CODE 2.06.05 B.S. 2.06.06 D. very-low-income household income qualifies the potential occupant as an eligible household to buy or rent and occupy an affordable housing unit under the AHDB program. The income certification shall be in a form provided by the County Manager or designee. 6. The Developer shall be deemed in compliance with the AHDB agreement if the Developer has complied with the tenant eligibility and qualification requirements of the Florida Housing Finance Corporation by providing the County Community and Human Services Division a copy of the annual Florida Housing Finance Corporation compliance and program reports. (Ord.No.04-72, §3.1;Ord.No. 19-02, § 3.F) 2.06.06 Violations and Enforcement A. Violations. It is a violation of section 2.06.00 to rent,sell or occupy,or attempt to rent,sell or occupy,an affordable housing unit provided under the AHDB program except as specifically permitted by the terms of section 2.06.00, or to knowingly give false or misleading information with respect to any information required or requested by the County Manager or designee or by other persons pursuant to the authority which is delegated to them by section 2.06.00. B. Notice of violation. Whenever it is determined that there is a violation of section 2.06.00, a notice of violation shall be issued and sent by the County Manager or designee by certified return receipt requested U.S. mail, or hand delivery to the person or developer in violation of section 2.06.00.The notice of violation shall be in writing, shall be signed and dated by the County Manager or designee or such other county personnel as may be authorized by the BCC,shall specify the violation or violations, shall state that said violation(s)shall be corrected within 10 days of the date of notice of violation, and shall state that if said violation(s) is not corrected by the specified date that civil and/or criminal enforcement may be pursued. If said violation(s) is not corrected by the specified date in the notice of violation,the County Manager or designee shall issue a citation which shall state the date and time of issuance, name and address of the person in violation, date of the violation, section of these regulations, or subsequent amendments thereto, violated, name of the County Manager or designee, and date and time when the violator shall appear before the code enforcement board. C. Criminal enforcement.Any person who violates any provision of this section shall, upon conviction, be punished by a fine not to exceed$500.00 per violation or by imprisonment in the county jail for a term not to exceed 60 days,or by both,pursuant to the provisions of F.S.§125.69.Such person also shall pay all costs,including reasonable attorneys fees, including those incurred on appeal,involved in the case. Each day such violation continues, and each violation, shall be considered a separate offense. D. Civil enforcement. In addition to any criminal penalties which may be imposed pursuant to section 2.06.06 C.above, Collier County and the County Manager or designee shall have full power to enforce the terms of this section and any AHDB development agreements, rezoning conditions or stipulations, and planned unit development(PUD)conditions and stipulations pursuant to this section and the rights, privileges and conditions described herein, by action at law or equity.In the event that it is determined that a violation has occurred and has not or will not be corrected within 60 days, the certificate of occupancy for all AHDB units within the development shall be withdrawn and the sanctions or penalties provided in the AHDB development agreement shall be pursued to the fullest extent allowed by law. (Ord.No.04-72, §3.J;Ord.No. 19-02, § 3.G) Supp.No.18 LDC2:140 ZONING DISTRICTS AND USES 2.07.00 2.07.00 2.07.00 RESERVED* *Editor's note—Ord. No.05-27, § 3.1, repealed § 2.07.00 in its entirety. Formerly, said section pertained to table of setbacks for base zoning districts as enacted by Ord. No.04-41 Supp.No.18 LDC2:141