The URL can be used to link to this page

Backup Documents 10/12/2021 Item # 8B 81 PL20210001944 10-12-21 COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To:Clerk to the Board: Please place the following as a: x Normal legal Advertisement Other: (Display Ad: The advertisement MUST NOT BE placed in that portion of the newspaper where classified advertisements appear. Originating Dept/Div: GMD/Zoning, Person:Michael Bosi,Planning and Zoning Division Director Date:September 07,2021 Petition No.(If none,give a brief description): PL20210001944 Petitioner:(Name&Address): Dianna Quintanilla 4001 Tamiami Trail North,Suite 300 Naples,FL 34103 Name&Address of any person(s)to be notified by the Clerk's office: (if more space is needed,attach separate sheet) Hearing before X BCC BZA Other Requested Hearing date:Collier County Board of County Commissioners(BCC)at 9:00 A.M.,October 12,2021, (Based on advertisement appearing 20 days before hearing. Newspaper(s)to be used:(Complete only if important): xxx Naples Daily News Account#323534 Other Legally Required Purchase Order No.4500209688 Proposed text:(include legal description&common locations&size: Legal Section Non-Legal Section Companion petition(s),if any&proposed hearing date: Does Petition Fee include advertising cost? x Yes No. If yes,what account should be charged for advertising costs: 131-138326-649100-00000 Rev d By: / ) Date: 9/C)/`. Division, ninistrator or Designee List Attachments: DISTRIBUTION INSTRUCTIONS For hearings before BCC or BZA:Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager.Note:if legal documents are involved,be sure that any necessary legal review,or request for same,is submitted to County Attorney before submitting to County Manager.The Manager's office will distribute copies: County Manager agenda file:to Requesting Division Original B. Other hearings:initiating Division head to approve and submit original to Clerk's Office,retaining a copy file. FOR CLERK'S OFFICE � /� Date Received _y ''i Date of Public Hearing [ZD"�,(7�_� Date Advertised "{�Z1,'2,1, 813 Ann P. Jennejohn From: YoungbloodAndrew <Andrew.Youngblood@colliercountyfl.gov> Sent: Wednesday, September 8, 2021 1:37 PM To: Minutes and Records Cc: GM DZoningDivisionAds; RodriguezWanda; BradleyNancy; BosiMichael Subject: 10/12 BCC ad request Isle of Capri-Food Truck Park (ADA) PL20210001944 Attachments: 2 x 3 Ad Map (7).pdf;Ad Request.docx; Signed Ad Request.pdf Good afternoon, M&R Team! Here is an ad request for 10/12 BCC meeting that needs to run on September 22.This ad will be a little bit different,this one WILL have a 2x3 map, but not a resolution/ordinance. Thank you! Andrew Youngblood Operations Analyst Zoning Division p ., Co it -r County 2800 N. Horseshoe Dr. Naples, FL 34104 Direct Line - 239.252.1042 andrew.youngblood@colliercountyfl.gov Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. i R NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners at 9:00 A.M.,October 12,2021,in the Board of County Commissioners meeting room,third floor,Collier Government Center,3299 East Tamiami Trail,Naples,FL,to consider: FCC BEACH & YACHT, LLC, FILED AN APPEAL OF THE ADMINISTRATIVE APPROVAL OF THE SITE DEVELOPMENT PLAN SDP-PL20200001903,PURSUANT TO CODE OF LAWS AND ORDINANCES SECTION 250-58, WHICH AUTHORIZED THE DEVELOPMENT OF A FOOD TRUCK PARK IN THE COMMERCIAL INTERMEDIATE DISTRICT (C-3) ZONING DISTRICT. THE SUBJECT PROPERTIES ARE LOCATED AT 300, 320, 322 CAPRI BOULEVARD AND 218 KON TIKI DRIVE IN SECTION 32, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. [PL20210001944] (insert map) All interested parties are invited to attend and be heard.All materials used in the presentation before the Collier County Board of County Commissioners will become a permanent part of the record. NOTE:All persons wishing to speak on any agenda item must register with the County manager prior to presentation of the agenda item to be addressed.Individual speakers will be limited to 3 minutes on any item.The selection of any individual to speak on behalf of an organization or group is encouraged.If recognized by the Chairman,a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing.In any case,written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing.All materials used in presentations before the Board will become a permanent part of the record. As part of an ongoing initiative to promote social distancing during the COVID-19 pandemic,the public will have the opportunity to provide public comments remotely,as well as in person,during this proceeding.Individuals who would like to participate remotely, should register any time after the agenda is posted on the County website which is 6 days before the meeting through the link provided on the front page of the County website at www.colliercountyfl.gov. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting.For additional information about the meeting,please call Geoffrey Willig at 252-8369 or email to Geoffrey.Willig@a,colliercountyfl.gov. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore,may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled,at no cost to you,to the provision of certain assistance.Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101,Naples,FL 34112-5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA PENNY TAYLOR, CHAIRMAN CRYSTAL K. KINZEL, CLERK OF THE CIRCUIT COURT&COMPTROLLER V 13 By: /s/ Deputy Clerk(SEAL) __-------/— 8 R __-----'----- \----, _,---\\\ ---' :'--------- \\ ,, a r \ 0 13 0 z3 15) .... a ..a rut 50 CD 1 . • f i \<s',4, ..,.„,, A.,10,.. ° 6ea P a , 1 / 1 ___• ils' .,.._. r 0 any, Ct7 ---- ) Coa • ier BLVD \ ,� Crystal K. Kinzel S ` c��TcouRT4° Collier County % Clerk of the Circuit Court and Comptroller a r 3315 Tamiami Trail East, Suite 102 Naples, Florida 34112-5324 tick COUNDi. - September 8, 2021 Diana Quintanilla 4001 Tamiami Trail North, Suite #300 Naples, Fl 34103 Re: PL20210001944 Dear Petitioner, Please be advised the above referenced petition will be considered by the Collier County Board of County Commissioners, on Tuesday, October 12, 2021. A legal notice pertaining to this petition will be published in the Naples Daily News on Wednesday, September 22, 2021. You are invited to attend this public hearing. Sincerely, CRYSTAL KINZEL, CLERK Ann Jennejohn, Deputy Clerk Enclosure Phone-(239) 252-2646 Fax-(239)252-2755 Website-www.CollierClerk.com Email-CollierClerkPcollierclerk.com 8 R . NDN Acct #323534 September 8, 2021 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: PL20210001944 (Display w/MAP) Dear Legals: Please advertise the above referenced Notice w/Map (NOT to be placed in the Classified Section of the paper) on September 22, 2021, and send the Affidavit of Publication, together with charges involved, to this office. Thank you. Sincerely, Ann Jennejohn, Deputy Clerk P.O. #4500209688 8B NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners at 9:00 A.M.,October 12,2021,in the Board of County Commissioners Meeting Room,Third Floor,Collier Government Center,3299 East Tamiami Trail,Naples,FL,to consider: FCC BEACH & YACHT, LLC, FILED AN APPEAL OF THE ADMINISTRATIVE APPROVAL OF THE SITE DEVELOPMENT PLAN SDP-PL20200001903,PURSUANT TO CODE OF LAWS AND ORDINANCES SECTION 250-58, WHICH AUTHORIZED THE DEVELOPMENT OF A FOOD TRUCK PARK IN THE COMMERCIAL INTERMEDIATE DISTRICT (C-3) ZONING DISTRICT. THE SUBJECT PROPERTIES ARE LOCATED AT 300, 320, 322 CAPRI BOULEVARD AND 218 KON TIKI DRIVE IN SECTION 32, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. [PL20210001944] (insert map) All interested parties are invited to attend and be heard.All materials used in the presentation before the Collier County Board of County Commissioners will become a permanent part of the record. NOTE: All persons wishing to speak on any agenda item must register with the County manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged.If recognized by the Chairman,a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing.In any case,written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. As part of an ongoing initiative to promote social distancing during the COVID-19 pandemic,the public will have the opportunity to provide public comments remotely,as well as in person,during this proceeding.Individuals who would like to participate remotely,should register any time after the agenda is posted on the County website which is 6 days before the meeting through the link provided on the front page of the County website at www.colliercountyfl.gov. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting.For additional information about the meeting,please call Geoffrey Willig at 252-8369 or email to Geoffrey.Willig(a,colliercountvfl.gov. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore,may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled,at no cost to you,to the provision of certain assistance.Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101,Naples, FL 34112-5356, (239)252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA PENNY TAYLOR, CHAIRMAN CRYSTAL K. KINZEL, CLERK OF THE CIRCUIT COURT&COMPTROLLER By: Ann Jennejohn Deputy Clerk(SEAL) r o \\, 1‘, 23 0, ti)=, cafe ,Lc-\\\ cn 44, 40, 016,ea V CO,,'er BLVD 8 13 Ann P. Jennejohn From: Ann P.Jennejohn Sent: Wednesday, September 8, 2021 4:23 PM To: Naples Daily News Legals Subject: PL20210001944 (Display W/MAP) Attachments: PL20210001944 (BCC 10-12-21).dot; PL20210001944 (BCC 10-12-21).docx; PL20210001944.pdf Good Afternoon, Please advertise the attached (W/MAP) ov. September zz, zo21. This is not to be placed in the classified section of the paper. Thank you! Ann Jennejohn 13MR Senior Deputy Clerk II ��r xc r Clerk to the Value Adjustment Board .`ii Office: 239-252-84Oc Fax: 239-252-8408 (if applicable) Ann.Jennejoh* r Ann.Jennejohin@CollierClerk.com Office of the Clerk of the Circuit Court ` ``� & Comptroller of Collier County 3299 Tavviiavv.i Trail, Suite *401 Naples, FL 34112-5324 www.Co((ierC(erk.cow i ri Ann P. Jennejohn From: noreply@salesforce.com on behalf of Jennifer Dewitt <jldewitt@designiq.com> Sent: Friday, September 10, 2021 12:29 PM To: ganlegpubnotices4@gannett.com;Ann P.Jennejohn Subject: PL20210001944 Attachments: ND-GC10726054-01 proof.pdf External Message: Please use caution when opening attachments,clicking links, or replying to this message. Hello, We have your proof ready for your review (attached), please see the ad run details below as well- Ad#-GC10726054 Publication- Naples Daily News Section- Main/ROP Size- 1/4pg Run Date(s)-9/22/21 Affidavit-y Total-$1040.26 Please let me know any needed updates/changes or if this can be approved as is. Thank You Jennifer DeWitt Account Coordinator I SMB-Classifieds Office: 317-444-5102 0 . jldewitt@gannett.com ref: 00DE0J6ks. 5002S1M UxYo:ref 1 NOTICE OF PUBLIC HEARING 8 A Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners at 9:00 A.M., October 12, 2021, in the Board of County Commissioners Meeting Room,Third Floor, Collier Government Center,3299 East Tamiami Trail, Naples, FL,to consider: FCC BEACH&YACHT, LLC, FILED AN APPEAL OF THE ADMINISTRATIVE APPROVAL OF THE SITE DEVELOPMENT PLAN SDP-PL20200001903, PURSUANT TO CODE OF LAWS AND ORDINANCES SECTION 250-58,WHICH AUTHORIZED THE DEVELOPMENT OF A FOOD TRUCK PARK IN THE COMMERCIAL INTERMEDIATE DISTRICT (C-3) ZONING DISTRICT. THE SUBJECT PROPERTIES ARE LOCATED AT 300, 320, 322 CAPRI BOULEVARD AND 218 KON TIKI DRIVE IN SECTION 32,TOWNSHIP 51 SOUTH, RANGE 26 EAST,COLLIER COUNTY, FLORIDA.[PL20210001944] Project Location Capri& lIjfl J m • c elican S d , 73\ e All interested parties are invited to attend and be heard.All materials used in the presentation before the Collier County Board of County Commissioners will become a permanent part of the record. NOTE: All persons wishing to speak on any agenda item must register with the County manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item.The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case,written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing.All materials used in presentations before the Board will become a permanent part of the record. As part of an ongoing initiative to promote social distancing during the COVID-19 pandemic, the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely, should register any time after the agenda is posted on the County website which is 6 days before the meeting through the link provided on the front page of the County website at www.colliercountyfl.gov. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. For additional information about the meeting, please call Geoffrey Willig at 252-8369 or email to Geoffrey. Willig@colliercountyfl.gov. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled, at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East,Suite 101, Naples, FL 34112-5356,(239)252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA PENNY TAYLOR, CHAIRMAN CRYSTAL K. KINZEL, CLERK OF THE CIRCUIT COURT&COMPTROLLER By: Ann Jennejohn Deputy Clerk(SEAL) ND-GC10726054-01 R Ann P. Jennejohn From: Ann P.Jennejohn Sent: Friday, September 10, 2021 2:46 PM To: 'YoungbloodAndrew'; 'GMDZoningDivisionAds' Cc: BosiMichael; RodriguezWanda; BradleyNancy Subject: FW: PL20210001944 (BCC 10-12-21) Attachments: ND-GC10726054-01 proof.pdf Please review the attached for Petition PL2O210001944, that will be published ovt September 22, 202.1. Thavtks agaivt, Ann Jenne,jotin 13MR Senior Deputy Clerk II ` c Clerk to the Value AdjustmentBoard f Office: 239-252-8406 ‘t Fax: 239-252-8408 (if applicable) Ann.Jennejohn.@CollierClerk.com Office of the Clerk of the Circuit Court cam & Comptroller of Collier Couvtty 3299 Tawtiawti Trail, Suite #4O1 Naples, FL 34112-5324 www.CollierClerk.com From: noreply@salesforce.com <noreply@salesforce.com>On Behalf Of Jennifer Dewitt Sent: Friday,September 10, 2021 12:29 PM To:ganlegpubnotices4@gannett.com; Ann P.Jennejohn<Ann.Jennejohn@collierclerk.com> Subject: PL20210001944 -y-r qs .-4 .: x - .:_ .•.sue .. <...fi .,x_ = ,111 External Message: Please use caution when opening attachments,clicking links, or replying to this message. Hello, We have your proof ready for your review(attached), please see the ad run details below as well- Ad#-GC10726054 Publication- Naples Daily News Section- Main/ROP Size- 1/4pg Run Date(s)-9/22/21 Affidavit-y Total-$1040.26 1 8 Ann P. Jennejohn From: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Sent: Friday, September 10, 2021 4:53 PM To: Minutes and Records Cc: GMDZoningDivisionAds;YoungbloodAndrew; BosiMichael Subject: proof approval re: PL20210001944 FCC Beach appeal of SDP (BCC 10-12-21) Attachments: RE: PL20210001944 (BCC 10-12-21); ND-GC10726054-0lproof.pdf Staff approval is attached,attorney approval is below, and no applicant approval needed for this one either.Thank you, Wanda Rodriguez, ACT, CTLM Office of the County Attorney (239) 252-8400 From:AshtonHeidi<Heidi.Ashton@colliercountyfl.gov> Sent: Friday, September 10, 2021 4:06 PM To: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Cc:CrotteauKathynell<Kathynell.Crotteau@colliercountyfl.gov> Subject: RE:ad proof for approval re: PL20210001944 FCC Beach appeal of SDP (BCC 10-12-21) Approved. Thank you! f teidi Ashtow-Cicl.o Mawagiwg Assistawt oouwtj Attorwej o f f oe of the Couwtu Attorwe j 2200 North Horseshoe Arive,suite 301 NapLes, FL 34104 (2.3j) 252-27y3 From: RodriguezWanda<Wanda.Rodriguez@colliercountyfl.gov> Sent: Friday,September 10, 2021 2:49 PM To:AshtonHeidi<Heidi.Ashton@colliercountyfl.gov> Cc: CrotteauKathynell<Kathynell.Crotteau@colliercountyfl.gov> Subject: ad proof for approval re: PL20210001944 FCC Beach appeal of SDP (BCC 10-12-21) Heidi, For your approval. 'Wanda Rodriguez, ACT, CP11 Office of the County Attorney (239) 252-8400 1 rl Ann P. Jennejohn From: GMDZoningDivisionAds <GMDZoningDivisionAds@colliercountyfl.gov> Sent: Friday, September 10, 2021 4:45 PM To: Ann P.Jennejohn; GMDZoningDivisionAds Cc: BosiMichael; RodriguezWanda; BradleyNancy Subject: RE: PL20210001944 (BCC 10-12-21) Attachments: RE: PL20210001944 (BCC 10-12-21) We have approval from "planner" for this one.This is an internal petition, so there is no applicant. Andrew Youngblood Operations Analyst Zoning Division o �e-r County 2800 N. Horseshoe Dr. Naples, FL 34104 Direct Line - 239.252.1042 andrew.youngblood@colliercountyfl.gov From:Ann P.Jennejohn <Ann.Jennejohn@collierclerk.com> Sent: Friday, September 10, 2021 2:46 PM To:YoungbloodAndrew<Andrew.Youngblood@colliercountyfl.gov>; GMDZoningDivisionAds <GMDZoningDivisionAds@colliercountyfl.gov> Cc: BosiMichael<Michael.Bosi@colliercountyfl.gov>; RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov>; BradleyNancy<Nancy.Bradley@colliercountyfl.gov> Subject: FW: PL20210001944 (BCC 10-12-21) EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Please review the attached for Petition PL2O210001944, that will be published on September 22, 2021. Thanks again, i g11 Ann P. Jennejohn From: BosiMichael <Michael.Bosi@colliercountyfl.gov> Sent: Friday, September 10, 2021 4:44 PM To: GMDZoningDivisionAds Subject: RE: PL20210001944 (BCC 10-12-21) Good to run, Thank you, Mike Michael Bosi,AICP Collier County Zoning Director 239-252-1061 239-877-0705 From: GMDZoningDivisionAds<GMDZoningDivisionAds@colliercountyfl.gov> Sent: Friday,September 10, 2021 2:47 PM To: BosiMichael<Michael.Bosi@colliercountyfl.gov> Subject: FW: PL20210001944(BCC 10-12-21) Another ad proof for your approval. Andrew Youngblood Operations Analyst Zoning Division le-r County 2800 N. Horseshoe Dr. Naples, FL 34104 Direct Line - 239.252.1042 andrew.youngblood(a�colliercountyfl.gov From:Ann P.Jennejohn <Ann.Jenneiohn@collierclerk.com> Sent: Friday, September 10, 2021 2:46 PM To:YoungbloodAndrew<Andrew.Youngblood@colliercountyfl.gov>; GMDZoningDivisionAds <GMDZoningDivisionAds@colliercountyfl.gov> Cc: BosiMichael<Michael.Bosi@colliercountyfl.gov>; RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov>; BradleyNancy<Nancy.Bradley@colliercountyfl.gov> Subject: FW: PL20210001944 (BCC 10-12-21) EXTERNAL EMAIL:This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. 1 8 Ann P. Jennejohn From: Ann P.Jennejohn Sent: Monday, September 13, 2021 8:07 AM To: 'Jennifer Dewitt' Subject: RE: PL20210001944 Approved for pubficatiovt. Tkavtk you! Ann Jennejohn 13MR Sailor Deputy Clerk II Clerk Clerk to the Value Adjustwtevtt Board Office: 239-252-840(0 Fax: 239-252-8408 (if applicable) Avtvt.Jevtvtejohvt@Coll ierC(erk.cowt Office of the Clerk of the Circuit Court `Kr & Comptroller of Collier Couvtty 3299 Tawtiawti Trail, Suite #401 Naples, FL 34112-5324 www.CollierClerk,cowt From: noreply@salesforce.com <noreply@salesforce.com>On Behalf Of Jennifer Dewitt Sent: Friday, September 10, 2021 12:29 PM To:ganlegpubnotices4@gannett.com; Ann P.Jennejohn <Ann.Jennejohn@collierclerk.com> Subject: PL20210001944 External Message:Please use caution when opening attachments, clicking links, or replying to this message. Hello, We have your proof ready for your review(attached), please see the ad run details below as well- Ad#-GC10726054 Publication- Naples Daily News Section- Main/ROP Size- 1/4pg Run Date(s) -9/22/21 1 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners at 9:00 A.M., October 12, 2021, in the Board of County Commissioners Meeting Room,Third Floor,Collier Government Center,3299 East Tamiami Trail,Naples,FL,to consider: FCC BEACH&YACHT,LLC,FILED AN APPEAL OF THE ADMINISTRATIVE APPROVAL OF THE SITE DEVELOPMENT PLAN SDP-PL20200001903, PURSUANT TO CODE OF LAWS AND ORDINANCES SECTION 250-58,WHICH AUTHORIZED THE DEVELOPMENT OF A FOOD TRUCK PARK IN THE COMMERCIAL INTERMEDIATE DISTRICT (C-3) ZONING DISTRICT THE SUBJECT PROPERTIES ARE LOCATED AT 300, 320, 322 CAPRI BOULEVARD AND 218 KON TIKI DRIVE IN SECTION 32,TOWNSHIP 51 SOUTH, RANGE 26 EAST,COLLIER COUNTY,FLORIDA.[P120210001944] Project • Location Capri/34� 11 '1 Palica {td Z w. 0 In All interested parties are invited to attend and be heard.All materials used in the presentation before the Collier County Board of County Commissioners will become a permanent part m of the record. v m NOTE: All persons wishing to speak on any agenda item must register with the County manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item.The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman,a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case,written materials intended to be considered by the Board shall be submitted to the, — appropriate County staff a minimum of seven days prior to the public hearing.All materials Z used in presentations before the Board will become a permanent part of the record. As part of an ongoing initiative to promote social distancing during the COVID-19 pandemic, the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely, should register any time after the agenda is posted on the County website which is 6 days a before the meeting through the link provided on the front page of the County website at www.colliercountyfl.gov. Individuals who register will receive an email in advance of the = public hearing detailing how they can participate remotely in this meeting. For additional m information about the meeting,please call Geoffrey Willig at 252-8369 or email to Geoffrey. H Willig@colliercountyfl.gov. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation In order to participate in this proceeding,you are entitled,at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Division,located at 3335 Tamiami Trail East,Suite 101, Naples,FL 34112-5356,(239)252-8380,at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA PENNY TAYLOR, CHAIRMAN CRYSTAL K.KINZEL, CLERK OF THE CIRCUIT COURT&COMPTROLLER By: Ann Jennejohn Deputy Clerk(SEAL) ND-GC10/26056.01 V apirs Bat taus PARE Of THE USA TODAY NETWORK Published Daily Naples,FL 34110 BCC ZONING DEPARTMENT 3299 TAMIAMI TRL E 700 NAPLES,FL 34112 ATTN ANN JENNEJOHN Affidavit of Publication STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned they serve as the authority, personally appeared who on oath says that they serve as legal clerk of the Naples Daily News, a daily newspaper published at Naples,in Collier County,Florida; distributed in Collier and Lee counties of Florida;that the attached copy of the advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples,in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida;distributed in Collier and Lee counties of Florida,each day and has been entered as second class mail matter at the post office In Naples, in said Collier County, Florida ,for a period of one year next preceding the first publication of the attached copy of advertisement and affiant further says that he has neither paid nor promised any person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. 9/22/2021 Subscribed and sworn to before on September 22nd,2021 Notary, State of 'County own My commissl n pires: PUBLICATION COST:$1,040.26 N A N C Y H E Y R M A N AD NO: GCI0726054 Notary Public CUSTOMER NO:BCC ZONING DEPT State of Wisconsin PL202 1 000 1 944 NOTICE OF PUBLIC HEARING 8 Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners at 9:00 A.M., October 12, 2021, in the Board of County Commissioners Meeting Room,Third Floor, Collier Government Center,3299 East Tamiami Trail, Naples, FL,to consider: FCC BEACH&YACHT,LLC,FILED AN APPEAL OF THE ADMINISTRATIVE APPROVAL OF THE SITE DEVELOPMENT PLAN SDP-PL20200001903, PURSUANT TO CODE OF LAWS AND ORDINANCES SECTION 250-58,WHICH AUTHORIZED THE DEVELOPMENT OF A FOOD TRUCK PARK IN THE COMMERCIAL INTERMEDIATE DISTRICT (C-3) ZONING DISTRICT. THE SUBJECT PROPERTIES ARE LOCATED AT 300, 320, 322 CAPRI BOULEVARD AND 218 KON TIKI DRIVE IN SECTION 32,TOWNSHIP 51 SOUTH, RANGE 26 EAST,COLLIER COUNTY,FLORIDA.[PL20210001944] Project Location Capr1 e - , -,--m-- -----r, g Zi Uqr 0 • i}.. Pelican 81 03 I..0 c5"� 0 a .,W All interested parties are invited to attend and be heard.All materials used in the presentation before the Collier County Board of County Commissioners will become a permanent part of the record. NOTE: All persons wishing to speak on any agenda item must register with the County manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item.The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case,written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing.All materials used in presentations before the Board will become a permanent part of the record. As part of an ongoing initiative to promote social distancing during the COVID-19 pandemic, the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely, should register any time after the agenda is posted on the County website which is 6 days before the meeting through the link provided on the front page of the County website at www.colliercountyfl.gov. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. For additional information about the meeting, please call Geoffrey Willig at 252-8369 or email to Geoffrey. Willig@colliercountyfl.gov. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled,at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356,(239)252-8380,at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA PENNY TAYLOR, CHAIRMAN CRYSTAL K. KINZEL, CLERK OF THE CIRCUIT COURT&COMPTROLLER By: Ann Jennejohn Deputy Clerk(SEAL) 110.;Y'IUi260:W-01 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO V B THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s)(List in routing order) Office Initials Date 1. 2. 3 County Attorney Office County Attorney Office JAY bi tvg1 4. BCC Office Board of County tin 01/4 Commissioners c., ) 1 10 1) .P 1 5. Minutes and Records Clerk of Court's Office Pfetc to..1 oft 11 *.Gi' PRIMARY CONTACT INFORMATION AtA Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Mike Bosi Zoning Division Phone Number 252-1061 Contact/ Department Agenda Date Item was October 12,2021 Agenda Item Number 8B Approved by the BCC Type of Document Resolution I Number of Original 1 Attached I Documents Attached PO number or account 138-326-341950 number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? mpb 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be mpb signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's mpb Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the mpb document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's mpb signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip mpb should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 10-12-2021 and all changes made mpb N/A is not during the meeting have been incorporated in the attached document. The County an option for Attorney's Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the mpb N/A is not BCC,all changes directed by the BCC have been made,and the document is ready for the an option for Chairman's signature. this line. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 8El Ann P. Jennejohn From: Ann P. Jennejohn Sent: Tuesday, October 19, 2021 8:23 AM To: BosiMichael Subject: Resolutions 2021-216, 2021-217, 2021-218 (10-12-21 Items#8A, #8B &#8C) Attachments: Resolution 2021-216.pdf; Resolution 2021-217.pdf; Resolution 2021-218.pdf Good Morning Mike, Attacked, please find the above referenced resolutions, adopted by the 13CC ovt October 12, 2021. Thavtk you! Ann Jennejohn I3MR Senior Deputy Clerk II �<<t, kf, Clerk to the Value Adjustment Board0"‘-' 0�`‘-' Office: 239-252-8406 Fax: 239-252-8408 (if applicable) , Avtvt.Jevtvtejokvt@CollierClerk.cowt Office of the Clerk of the Circuit Court & Comptroller of Collier County 32.q Tawtiavvti Trail, Suite #4O1 Naples, FL 34112-5324 www.CollierClerk.cowt i eEt RESOLUTION NO. 2021 — 21 7 A RESOLUTION APPROVING AN APPEAL OF, AND DENYING, THE ADMINISTRATIVE APPROVAL OF A FOOD TRUCK PARK SITE DEVELOPMENT PLAN, SDP-PL20200001903. [PL20210001944] WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 2004-41, as amended) which establishes regulations for the zoning of particular geographic divisions of the County; and WHEREAS, FCC Beach & Yacht, LLC filed a request for an official interpretation of the Land Development Code seeking to confirm that a food truck park is not a permitted use in the Commercial Convenience District (C-2) and Commercial Intermediate District (C-3) zoning districts or any commercial component of a Planned Unit Development; and WHEREAS, on July 29, 2021, County staff issued a Site Development Plan (SDP) approval letter, PL20200001903, for a food truck park on 2.21 acres located at 300, 320, and 322 Capri Boulevard and 218 Kon Tiki Drive, within the Commercial Intermediate Zoning District, C- 3; and WHEREAS, on August 4, 2021, an appeal of the administrative approval of the SDP was submitted by Richard D. Yovanovich, Esq., of Coleman, Yovanovich & Koester, P.A., on behalf of FCC Beach& Yacht, LLC, owners of property within 300 feet of the proposed food truck park; and WHEREAS, on October 12, 2021, the Board of County Commissioners, acting as the Board of Zoning Appeals(the"Board"),held a properly noticed public hearing to consider Petition ADA-PL20210001944; and WHEREAS,all interested parties have been given the opportunity to be heard by this Board in public meeting assembled, and the Board has fully considered all matters presented. NOW, THEREFORE,BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, that: 1. Petition Number ADA-PL20210001944, submitted by Richard D. Yovanovich, Esq., of Coleman, Yovanovich & Koester, P.A., on behalf of FCC Beach & Yacht, LLC, is hereby APPROVED for the reasons set forth in the record of the public hearing held before the Board of County Commissioners, acting as the Board of Zoning Appeals, on October 12, 2021. 10/14/2021 10/14/2021 Isle of Capri-Food Truck Park(ADA) 1 of 2 PL20210001944 2. The administrative approval of the food truck park site development plan, SDP-PL20200001903, is reversed and hereby DENIED. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted by the Board after motion, second and majority vote this 12th day of October, 2021. ATTEST: • E;?:4 r BOARD OF ZONING APPEALS L CRYST K:•KINZ , CLERK COLLIER 0 TY, FLORIDA ily: r �. By. `--,,Attest S TB•F' puty Cler Pe y Taylor, hairman ro Si:nat 'inIy.i Approves is s tt i V ►1 and 1-: ty: ,.l►i MLA Jeffrey A. Ilr latz•i w County At me 10/14/2021 10/14/2021 Isle of Capri-Food Truck Park(ADA) 2 of 2 PL20210001944 70 Z g 2D 0 -a � a - co ,G O N CD cQ CD r m cD o = -o -< W . 0. O c � o Ca ✓ 1,,.. zc ' -i n7:1 D C O rT1 OZ-{ -1 rn Z m O mz v zR' ('� rf._ -0 0 �' o O cO m -I b - .i M- Oo XI o, (, ' 0 v zm m cG' • Dp --I O ..mo fl o 8 I^ z CD/) 0 z � m Z Dmpm D —I 0 O -4 --1 p W Q.. C a' .=^ C n O' ( y f. . fm7 70 - cn m O p � 0 —1 O TO -n co Dp o Ul 0 �' _Fri � O DOz 3 e-h rril � � p � z Ur `\ PD. CD —1 O 'a O 2 2 m lJ�' - = O xX C G7o cn--1 cnO m ,- � o �.I O � n cn M Dmr r— u) O O z 13:8 D 6 :3 m - z g � > o C) p p2 Z O � � O r -i On CO OD OP' C -k m O Z MZM z 0 CI > D � z y 19nom O , rn - m z -z CD i= O m m O D mx D r mco O v -CI ommW 0 mDm m (IG) F -I m > -1 n m = r. mmZ 'aD D _ =70 00 m 1. • II tJ -,< m = m � - m c) m Er-i O mz 0 _ D D 7i 8 z = 0 mz LA CD SI) CD to _< N •• CD ram, cp a -o O 00 X h Cu Ci• r- z c ,..-___ 1-N- \ (1)- 0 );,,-Ti O z 'U -1 n 9 r°- �` CD i- = O --► 0 5- 3 r En- r- zoo 7 \ n =i z c=v 4 m � � m � z -� Z 00 mz 0 zm 0 o z 7) \ -o O CP Zr m '" - N m -+ z o mG7 w 0 z m m �W ( ) _ / - 0 O oo w z ccn Q, (2 )› ny - � z o cco Z-1 z0 C -1 0 - a_ c = m x 0 m O CL O — cn n m r o � z rt = � 0 � mO v1 2 00 C7 CI) Fri 5 m 01 r. cn0 O zo > ..... .mriTr, z n '3 N C� Do m0oo o oW-n _ Z o � � -1 0 " (nook. _ .� o D o 7 �p \� m o � z -a A 0 0 › D F z D -1 o m O \ Cl) r -1 73 -1 C C\ I m -o m z � E CD • r m O y m"' O m7,0 0) D zr A m p u) o cc -OmDm =G _ � y � cn C7 0 O m mm Z '3 p- m D -G oy = m m = mC R \ - m om U' n m z Z 0 73 0z _ � mz CD SD C D CD C cn CO o -< CD 0 = OC �. m CI. W > cn o Do � -o = m ,. CD > 5 � — o� m ° �� ' 2 n Qom g m,-i ,J = cv 0 cn -z-i —1 z � m cnmo ��\~ O O 65z -1 0mZ -O - o O mO D O 73 —I cnmo z = 7J z — 0z \ my zm 70 ° zz Ilk -n DD m CT) zm O w i �"omz -,i0 r_. O co z z Dn Z = -_G w -� CD z0 C -Iz6, D —1 G) a —1 = 0 ca Q. p m 0 m P � � " -a Cl. -n r i ---I D � N a- 2) —i O 0 -71 '0 < cn D _ m � O --i ={ z 0 .�F W r x m - 0 cmi� 0 c g CD m-1 0 � O Sz0 CD 3 , cn0 70 000 -- ""I M On O� n 0� z 0 '. ,, O C .,,,+' ._.1 v c m = z m 3N) co Z m tv O O r w D o -n 0 0 cn 0 r_ o -> = oo > o o - � r71 zz � Z � mz , C C 00 I- -1 D Bo Cl) m m a�, C* I mm cn CD -p Do :z rri � m 0 � mm m � � � k7 cn c I�i1 p = p O m o "o m0 m o = = \ Z < z cn Dcn mOD - i m 0 Cn m 0 --i r mm 0 � gD D oz R, � o D z 2 c —1 —+ 0 0 co rG � m = cc5 73 m —I cn c-0 z '2 0 v 70 cv 2S ccnn P. CD = OO m D o {, -O e—F D PDK rn r oaim o CD n corn � m-, � = r �_ 2 m cc,_, -i -=1 KOc� Z 0 zc-n m ccomOc ---1 V O � z 0 omz 0 It •gyp � -I 0 m0 FE m %m -1 0 cn073( m oz = 73c z �. 0 p m _ D M zm m G) zz •n D p m (J) >C) O m73 o0 C m -Gz E .gym E * Wo � Zm Z = --< cw --� (Zj 0 C = Z cem Q =n CD = c —1 m G)_ 0- o mom P9 � SZ. Co m � O -iz k. ci r porn omo n CD 0 m m 1 -G --u' m -/ 3 -I om 0 mzW _ O � o OD I rt = XI OpO m omo n 7Jzo O r coo O poz o mz M ?_I"D -ate m r- � : . 1■ o 73tD Z mzN C7 - mac) 'n o � � W -I O en r ' _ =I 8 > � R. cn �` J �7 zz � Z pmz rn Ci zpp -) D Fz D coo O - . cn ` _ r -� 70 m.. cp ri 1" cn >, O om � .�1 Do � D mcc"r, 0 • MICI' v OM O * p o04 xi mO 73 o = � vi _. Dm m gym = < z cn 0Q, D —I m G) Cn m O -1 • o = 0 O D pj Dr r, mm z � pr m oz r— moo 6.(47) r E < Z --io E<cln !`)... -‹ m c 5 P3 m z - i cn .0 .T z M 0 gocp y 0 z3 3 CS0 -i CD zGr- N cD 2 C yr. o D z C an Q n > z A CD �; G O D0 co m g =a v g ► ------- m O mz CI zm 0 z r--) to Iry IT� -1 O o0 C.:,'mi can m = � w — m 06 73 o, � 0 0 zm m C`,3 0 � r m zcDi) 0 0 W W O ,� `a rco 0 ^-1 ;ILO I eD - 73 zz , 0 O sm Z o =lm g 0 C o �= o mz � � a CL m Vmo itn 0 -1 00 -n 00 N o D _ � O Doo r- m D Cm — 0m D o .:-.- a O � 0 C C Gz� o ) rt = oo o mz � ( �rl m- O m -n _-I C7 > (xi V �'� r. cno O z0Y ^" -n -,n 70 73 — ..--\ -I 17 2 m n ° o "—1 0 Cn u) 0". m6z -o 0L i_s CG 1 moo m z I c� `'-') in -t� cDnD 8 -1 �) DI -s --, m � m 0y D o � D Zr- - C' F- a) 0 p v o — (� -v Or =0 23 k W < z to m G) w z0 0 mD n mm m D D y < = v, 73 0 o I. m -< m ...,, , m m0 7. m m c" 0 mz 0 _ 2] 0 70 o z Z t --I 0 .. vI Ti z �Q p M N cv m 73 a o = 4 0) r D z z cQ .f �� ---10 m > CD �) D C � o 3 m � z-1 -�-I m cn z n 00 mz 0 zm N 0 z -v "' o� 0 co i rr.. FT 2 O Nr�m-1 u) m = P8 �{ N z v o Do m m �W rn -I orm oO- 0 b- D - x z ocs2 Z -n Z � mm D o co � � � _' � Ca � s S2. 1TI a � m� 0 N o aao —1 OO -nW > z N . o _ � O � MOM D ,3z 3 --r70mOm N m � go al —1 Oy O al —1 can xi m --1 5a !4 0 = OO 0 zmo 2. O r- m0 � ooz mr� -ii ' g 73 70 ° 1 0 —1 7 3 .2 mrcn) DN 0 0 � Zo - .-.1 -1 0 5W cn o-N' _ =-I6 D 0c ,E3 0 1T1 zz � Z mo p el, O7 cl> , 2Dxom0 f/) ' r I jkiRFr st I I m � mz = m m m O y ,, m 0 � 0 no 4 I? -0 m zo ;p - W —` 'II xi m m m -G , r Z < z Cn 17 Rt. 'i m-1 Y � --1 Cn ' C7 = 0 O m = mmm Z 7' D P C' y O-13 z .r� �r ` 7- CIO r -G m 2 m 0 - m om A w 0 rm z D 7) o �`0 D :o ozG' m mz • x z C D `V a CO D t3 -< o 0 P. a CD cn -G rom cp o = -o O Wn Fi- pa 0. W C < p Q) r zc aa r - K r < � p n o, m g =iz = `r S` [n Ui —1 Cz _' Ommm 0 z D z . °r_ z d r 0 , z-i o zXc cm o L.1 ' o zm m �W ID 0mom - O o - zccn Z X proo & CC) 9 > nD � Kz Z D ; CSZ z 'TI z 00C m D v 73 0 �--1 --I � ¢ m wmp0 s �.pH 0 NCI; 6 —1 -n CODANp � C7N . p pTni 22 n g CD m � =� � =o x c � o y —1 can 73 m -i A c o O = pp 0 wmb \,:i -a a.w r co m0 OzoD Nc "0 m rP gc' Dz ..... g 70 ° r O op_ z o � � _ =I8 D oc7 m p � z mzp m > D Pz D --► o rn O 1 Eli ;32 y m —1 '� �U' -' D cn z O -� D o70 D. oD m p *C p cno -v r' p 70 � o", 70 ym M m •< z m z Cl) G) w -41 c V) &n _ 0 O mcn 0 = r- mm z 3ziD D 0 _< W D -< m m m0 - m om v' n m z 0 D 7J � D p 2 mG) mz CDsv CD-a a an N `D CD c . 0 cc, 0. r > co Sl1 mn /D mm `�r nm . t CD 'D r00o O ..C) Dom g -rf:173 = Q m c l�� c„ -zi =1 on , .I' O � z O omoz 1 0 E wo -1 zz ■ m m71 � O1 0) � � n ` 0 �` 0 � 0 m0y , Y m m 0z z -n ro m cn > Oil r C..?-° o ^ mr o g _1 m m * 2 o ›IP D CD = c _.1 m G)_ Ct. 'J.', D o0 0 .11 7j « F!Cn _ W = O -I m ci .. r 7om ocm2, 0 • ort m -- "< --1� m - 3 1 �-1 ° O m z W O xi� 0 Wc � m om0 n 73z0 r...- 0 cn 0 0 002 :. -1-1 -mom = -c{ m v c m z O POW Z moo m C.)71 O r --1 W --1 o T 1 -I o w > ro ( � o - Z D � m 0 z00 z > c r -1 mac) 0, 111— D - 1 z 0`� cD 0 rT1 Tm 0 omm VP. > o m > W p ci) -1 0 c�mz - 0 m o * 0 0G) m XJ 8:mD m m 0 m = 2 < z (n ow5 C- --1 m G) CO m O --I 1- mm Z for 1,Jm o z I- o o73 z D cci cm HOw( -C 2 c c-75 ►. m z -I `` z = 73 73 Z �> > 0 CD 3 Tip ft? -< o N CD ( �D r- rn (D C) 73 Q. C -< o _ o \m c r m- g 1" C 0' � 6i z rn = �1 SD Z-2 Ozm = 00 r" z C7 6m ` 1 (A r m- Z —{ Zo --I cn rn X .2 F3 -. 144, \ tD;) v )Z m m c i ' m \ O ° wZ ( AooIX > >roo ' O-=im g v> z oCt2 Z O CDr01 rn D 2 = 0 - _ cco = oc m z8 -< -t a „, m ,0 _ri (!) m- o N o � -n ca o N y �� OoINIMMi ma Po rtomzr- m CD rn -nrn -< gUOn' m { � = --IO O ZZ _en 0 73 a 0 r0 '4 —1 cn0 m = -P rn oo 0Dcc ° �'ts r mo ,iZcjDz ...■ m r • > o Ca —4 •a , m o 0 o ei � t _ o Dcm ;1t7 �mOEZ n2Qo� Z mm 0 m � m 0 oz > �U D o � D mF F- a) o � 0 cam -p r 0 70 XJ m Xi Dm m m � o � __I m 0 - � CI z0 0 m = mm ' D m o z rz. r D 73 oD -< = rmn �1 21 1m mw —{ n m cn 0 mz 33 70 --1 o oz -4 O z _ m Z 7 Z 0 �° z o -a SR to IliIZ turn `° ra O- -13 O Z0 C fi) 0 cQ z ^° 0 r CD -1 C7 rI'1 0 O r. 70 O �z % m � Zn am 'D rncn -► � _ �- 0 C) z in p z m , csJ Q7 O z r z FIN - �o "' o O o z _ sue' r • m � —1 z. o r� e' Tn 20 m = 0 w ' U r rno LP m 'La Vic_ m z� f^` '� 73 oco � o�m ,Z. T,CQ % fir" %Z� o (. o CD vmo a = 0 � m- go r 0 �cn o 93zz pv D r + G�� om � _,... a m -n n '< (r) m O 73 o z1 i �. O -n N T,1 'oC II, n001 '' O P" fl z m rrn 0 � Zmo �p Zm '0 � n � Co ?` S-) y D -1 0m fi �/ - ?„ � O O rr ' m D r onp 7Jr �z �r w z�� O �r v mm Z. r C -1 =� = o m m23 -- )!r nao m (75 n Tr---I- ^' mac' 7— 3 0 G' mz zo -0 2 = C� -< r N tD 2 CD -< 0m cD 0 = co C � 0 r- D zc cQ n o z 'CI = o m c0, MI M r- m K r- -=-1 0 D � < D 0 qv O o, m Fri� z cfl ( Z [r1 cn m cr) z ;-t O cm„0 2 z C nm z -t1" p p � -3 0 c0 ti r' mZ I • ry V—I z o ---I ccn z 2 G) o rl, c'`- v oo m cW D p - o -o --1 —. z ccn Z1 00 W 000y r- co m 0 --1 1 O ._ 'n z --1 m ° CD CO r7'1 � -n (/� m O Cl, 0 ph k —I Op -n Wp > � I Cl) . 0 D _ � O D � z rt CO mm - 0mD m co .r.- a '—I op O zzm 070—I cn m -1 � o long cn = ) 'a. 0 M oo n Dcoo" r m mo O ooz A> .. Ii rz g 730 '� n --I -'gypv mno0 Q, O o03 zomQ ii, -11—I o 0 Cn CD 0'Alu► _ =10 > oc7J � m oK z -azM � > m � O x c� r —► 1 mm m m = 'a D D --I --I cn D1 m m 0 * 0 cn0 'p r o � W 7-1 Dm m m -< z < z C/) 0 cn --1 m O Cl) v5 1 rn- mm Z ; D D = -< � m 2 J m0 m 0 m cn (7 m m z 0 > 70 0o z mG) mz Attended lust Name Las[Name (mail Il env are registeredgtosPeak under Consent or Summary What type of device will you be using to access the meeting to Agenda,please submit the exact agenda dens. Provide public comment? Yes Marius Stoia askmarius@gmail.com (646)808-5702 ll.C.Recommendation to approve the Immokalee Road Corridor 1.Pursue an Overpass at lmmokalee Rd.and Livingston Rd. Smart Phone Congestion Study from Livingston Road to Logan Boulevard B.A.FCC Beach&Yacht,LLC,filed an appeal of Official InterpretMl on NT- PL20210000943 that food trod,are permitted uses,B.B.FCC Beac h&Yacht,LLC,filed an appeal of the administrative approval of tit • Yes David Rippe djrsunshine@gmail.com (407)621-1143 eSRe Development Plan SDP- B.C. SmartPhone P120200001903,food truck park,e.C.Appeal of Official Interpreter on INT- P120210000943 that food trucks are permitted uses,12.4.Recom mendation that the Board accept without comment four motions filed by the owner of the proposed Isles of Capri Food Truck Park Jli, B.B.FCC Beach&Yacht,LLC,filed an appeal of the administrative Yes Mike Lotz mklotz@rocketmail.com (716)965-4254 approval of the Site Development Plan SOP•PL20200001903,food 8.8 Laptop __....__. truck park Yes Pat Schultz Pschunr2526@Icloud.Com 842256-2235 B.C.Appeal of Official Interpretation INT Food truck court Desktop P L202100009 3that food trot,are permitted uses B.A.FCC Beach&Yacht,LLC,filed an appeal of Official Interpretati onINT- P120210000943 that food trucks are permitted uses,B.B.FCC Beac No Tina Lutz tiutz@ovmcast.net (313)920-1368 h&Yacht,LLC,filed an appeal of the administrative approval oft,Food trucks SmartPhone e She Development Plan SDP- PL20200001903,food truck park.B.C.Appeal of Official Interpretat ion INT-PL20210000943 that food trucks are permtted aces Yes 40757960489 Items # 8A # 8B # 8C B. /49//2,1 zi CYK tiry,, . )2, ,/��D v14 4001 Tamiami Trail North, Suite 00 Naples, Florida 34103 T: 239.435.3535 F: 239.435.1218 COLEMAN I YOVANOVICH KOESTER Land Development Code Sections and County Documents Referenced in Appeals Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples, FL 34112 October 12, 2021 9:00 AM 8.A. *** This Item to be heard no sooner than 1:00 p.m. *** FCC Beach & Yacht, LLC, filed an appeal of Official Interpretation INT-PL20210000943 that food trucks are permitted uses in the Commercial Convenience District (C-2) and Commercial Intermediate District (C-3) Zoning Districts. [PL20210002121], (Companion to items 8B & 8C) (District 4,All Districts) 8.B. *** This Item to be heard no sooner than 1:00 p.m. *** FCC Beach & Yacht, LLC, filed an appeal of the administrative approval of the Site Development Plan SDP-PL20200001903, pursuant to Code of Laws and Ordinances Section 250-58,which authorized the development of a food truck park in the Commercial Intermediate District (C-3) Zoning District. The subject properties are located at 300,320,322 Capri Boulevard and 218 Kon Tiki Drive in Section 32,Township 51 South, Range 26 East, Collier County, Florida. [PL20210001944], (Companion to items 8A & 8C) (District 1) 8.C. *** This Item to be heard no sooner than 1:00 p.m. *** Paul M. Grider and Tametha Grider, as trustees of the Grider Revocable Living Trust filed an appeal of Official Interpretation INT- PL20210000943 that food trucks are permitted uses in the Commercial Convenience District (C-2) and Commercial Intermediate District (C-3) Zoning Districts to clarify that the Official Interpretation is not site specific but applies County-wide to all properties designated within the C-2 and C-3 Zoning Districts. [PL20210002241] (Companion to items 8A&8B) (District 1) Prepared for: Court Reporter Table of Contents Tab No. Document A FCC Beach & Yacht, LLC PowerPoint Presentation 1 2019 LDC_1.06.01 —Responsibility for Interpretations 2 2019 LDC 2.02.03 —Prohibited Uses 3 2019 LDC 2.03.00—Zoning Districts; Permitted Uses 4 2019 LDC_2.03.03 —Commercial Zoning Districts 5 2019 LDC_10.02.06—Requirements for Permits 6 2019 LDC_10.03.06—Public Notice & Required Hearings for Land Use 7 2019 LDC_Chapter 2—Zoning District C-2 8 2019 LDC_Chapter 2—Zoning District C-3 9 2020 LDC_Section 250-58 —Appeal from decision of administrative official 10 2020 LDC_1.06.01 —Responsibility for Interpretations 11 2020 LDC 2.02.03 —Prohibited Uses 12 2020 LDC_2.03.00—Zoning Districts; Permitted Uses 13 2020 LDC_2.03.03 —Commercial Zoning Districts 14 2020 LDC_10.02.06—Requirements for Permits 15 2020 LDC_10.03.06—Public Notice & Required Hearings for Land Use 16 2020 LDC 10.08.00—Conditional Use Procedures 17 2020 LDC_Chapter 2—Zoning District C-2 18 2020 LDC_Chapter 2—Zoning District C-3 19 Email from Commissioner Solis to Joan Coyne re:proposed Isles of Capri Food Truck Park, dated March 22, 2021 20 Naples Daily News Public Notice of HEX Hearing, dated 9.2.2016 Cl) CZ: 1/ C).. C). N O O O (Ti cNi = — CZ: c) CII c,„,) ct T1 °� 71- 71- ) I CD _L/ pl.. N O cA ,... 2 ao a H cA Q C C F U ea w A as O w LI ,N4,A. a .F r 4-4€ 411,k . • ' ' rl ii I - f 11%,1> x Z t • . iv pc:". .,:.:„...s.. , a 4 4 / ... 41 r1 r•L:441 ! /-e' , VE:-, A r ► L U O N ., cu Cr) ,, o ,.— O o o `o ct N O v) O 4 r—' c ,.1 H f=1 v Z A111 . O 71- 5, _ 71- cvb ci, .c: .-,_. 7:::1 . off O4..) �O c) 0 u +.4 7.7) ELI Ct Oc NQ 1 ~ ct a .UM o o o oU Nti < ow � a kl d N ' > �. c_ -0 E 3 cEi as) „O ct a) P a) >O s '� CO ^fl c-r >, O '.Zi C� CA cC Ct CD O OM C CO fa, N ��, U ct � a) O a) - . vD O C N ct O O . 44 •� a) : O �tt O 0 a) ' ••� 1.) C -•v ' •czt „y a) czt >, p . a) > ▪ � a) �) .? o a) _ _ 4,..i' �" O > C ct Q - ct o • �, 0 `, ▪ ,4 3 ,-c) ••- .4 ^C v, c+-, ,_ ci ') O a) c) a) a) .� a >, >, � O `er � � �, = •' 4-, o o ct O .� 'z tO -C 0 3 E ct .- Eczt •. ct � � CJ ' O > 7d Ct> cocl M E 4., cat - �" = © O a) a) .-, ..) >, • i. ,-o '" _ ° 3 cam, � bA a) > ;.., = c a) b- Co c 1 O a) +�-) C) O '� ct >' ''3 -O cC "a C Q, '� CZ/ 'Q O C"O C N ct el - O O 2 CI, t1t Cl.) y �"� ^ ^ (1.) N V1 ' e .O +- ct 4 � O 3 , ,,, v ct c Fd - ° `�' ,_ tp U ct q ,..rf a� ° U W .- = '-O ;-- ° -o sue, ct q ,E ,-) L , 2 -,,,,„ ,L0 -2 ,,, 0 ,,,, ,,, .. ,,, cn •� O •- p c�czt N p fj a) 4� o 'F c9 8O • «3 3 c o > O t, O c� o a) a) o - = 3 ad, .Q 4941 " w o -d ' o `� °' c o r- a.) a) o~ • 4-4 C�., cu O O OM oo O ct tuctO O , O E •lyit z -- . = cz et., ' v g O N -F U ,i la; . o � •- a? E o . 3 3 8 cn co 4-4 v�' tt.q _cn �, v" Cl) > -� Cl) ° a) O - — O 4 a3 A-' - 1.3 O ct .= l = N O OU ct O c e v vp O t 0 N p i N q *-c, u -A-• .ct c4 ct 0 to .r.0 O � _ = u = 0 < U ;..o •• O a� Cl) .4 cC ¢, O cc �O •E bA _3 p, c�" �1. O O `� .� O E •= , 4 U N ,, ct e- v) rt ct -`4 'a' -2 O~ ° - o '' ct E 'V -d = ct U , O �' ° O c� U 0 = 0 3 0 a CI O N c� y . v • V 0 _ .45 (1) - i . •-• sE O U N U � V ci) „ E '8 (11" ;•• CU :8 It v o CC; 44 c+-i O a) ,-, �� a, O lUc c ; cu a O O N .� cA E c9 8., 5N a) O enO ••0V I I .° C.4 c) ct v;--1 ;: ''z v1 v Ct aloQ .- N .'.- •- NA ' � ' O A '�c • ,I- , O v - • l „ O , `� © ;-+ 4� N N ' � N E 4% C. N ;� '� E !o � � 0 U © � o � © cl � + 0.) M �-, 0 � M r O fin= © U N • 3 v N • . c� w * C N 4— ;-, ct * .- � — a, •--1 -0 C * U c 1y 0 .6 v w O CA U A CA � c cA I) •IIII4t ▪ CZ ;., o.) N ,,, - 0 * �• 0 • .., , ft.t ▪ ' a) I) � * ate' "0 --, * o o '� U cd •- 1 * U •- o CIAlij O N c/D � c.) ago •� 0 •0 ate' = O- N .~ ;, c o C * o v * 3 = 0 .b O lid �0 � N • 3a * 0 � � 3 * ct o 0 cam, ." •N U 4; 'd p * y ' c��, O C U E ct to Na (1) N �-� c� .3 s" N * P MC a' ; tea * Cis) bp0cA * a) 0 ct ••--i Q00 01 o * ,...., 0 d a) ct A-I * -' ct M •0 • r U 7i -CS O • 'L* •E * O ct ct 'v .A-cil „i * U ci) u cl) 0 c) -ci v) (I) ct * •--1 (,) 0 ,c) a- � * � ,� . ct '� ct * + �' O a) -,—, 1 -c ' ' cA E N � .- . ,- - l) • U p * = .-: el 1 '7 OU �-, • ''* O � O p * +_ b�A � .� ct N U Ct * O N r__ 21 cii U O * U ct \J — �' * • "'' 4 ct3 rn N •r-' .O U N * O * •• U E -fg O a) v) • * N v * * c U ., o U � � N ,� 0 � N .I •R O O , 4 at u E T. • 4), .,, A__, , c_c4 c2 •7,4 •o Cr 1 .+ �Ct .o a) c� � o � - . ) .� � N .-E 2 z s ,(' m .4 W E ct � 1 V c •�cu . o oa o � • g � a- bA y CD (el N cn •� 0 •ct : :� Ifti -Is � U Ci 0 V' ►� o _ " - •�' ,4 Ci) Ae 1..,„,,, •R ,c 0 a) cA '44 cl) Z r\ :j.) aj "6 Ct ` i 4p) >- 3 O �, g, ,4 .5 up ct N r-1 0 7pj OOOO•, , O a) �+,5' ram.t CA v) c , _ter o O. *-a k4 N -1 cn � N.�4--1 0 Cl) 4 "Cctvn Oy Cl) to E�) ',5 trzi� tea.— cu 472.,4 V 'C `n '= Ova-( a)A-' O - 1 O �� N.�^O �.cn y +-+ cu C. Uc O � 000.1 "�'d� O • . i� ram"' sa 4,iFi'- ,�.,,'" v)$_1•r" .��-+ v ~ N.� Sir., pO •4 I—I 'CSC 4� �' �' N i. N �: = vc cn 0' al,O O tOC/) cd — v) =. U CI) CA O� 0 =Ct 0�=-r0 � N7 ct O . a) a) O � o o° N ,O, ,t , � a) to to~7i O o.�.� 4 N Q.f-+J-0 -0 0 Q CN m N O N O cn a' U U u O ►L cil O • O = .O z p v OU = , p ,� • ;U. N ,� N 7:3 O p ail : .= Ct ct 0 z ct :,. UA• O � it.itp > by ,� ct �, p CD C4 O O N � �-� �'"'' CC3! U 0 a) ,. '"O a) .'-' u. ° N _ 'o O ' U I) U ` -, p u) U N � = ,- ;-• OON -� c7i '�Q) b -pO �'y o tO CD Q coi A to pc� = �,� � n o Ni N CD .� C moo •- '- 5 O N ,- , ,. cl.., c933 .44. 4 +-: .. • U 3IS cn n v E to to cC C a. � C W ,4 0 y.� ) 0 N. cu a O^d . (0 U bA a) .2 .— wcan)i' r Vl 5 ct fa, a - - cu at t - 2 0 ct A 'd � 0 w Cd U O cn Imo) U a) . 's,, •,� th CO i-' a) 3 •�•,O U O �- 1� re{ „5 a) °1- cn ° ct �, Qb �. ° U c A , i cci Ct ce"' V/ y `v 0 z w '� +8 .v O O U p O ^d ct a. C.�4 a) O b55A ami a) rn cu bA� > N aj 'd '7) y cic7i F-' O.�, 'v) = y • - . -U4-, rU = O+ i-' HZ = A a) ° O0O C�e1 :� .1 en • •_, • . cizt .6 cp= a) O Q, E..., C' tom. E—( )a F-• ° v� E . 0 I '— D C„ 0O N •O " cU O E ;-' >; up '.O — N O ct cd U CC...) O ? 'UU ran OO cit bp� � O O � � I I) v) a) '6 +— • • ct U � O Fl O UQ ›, CD ct Ct Q-, LAp.., E O ' '� U �, 4� p ciCA N r—+ > c� ,—� N r- + • 711 tO r -)O U t c • .� � � 71CA¢' U O O � � cn COb •v, '.� ,U U tt , O 'E OU U b,A'- C • 0 U ON .� '� 'vs Cl.)' � � > v) E �� ,- C CCU ' � •— $�.., '0 75) bo� � • D O O (4- a; ,5_, 7i„, cY-4. P' .1i N � � CA it Ct .� O •� c U p ,� • U U p.� � . O N - '6 �, N ; Q.., cA cd a.) •- H �.., ' N O H ''� p ' a) ct czt a) • 0 4--1 C M a, .O NO a) 0O v Q >°' ° U�' an:b 34C...) n U .4--, O c - = O = s a) ,_ a) > ON O 0 a)an = 0 a) �c c a) '� O U a, .. >. O 41 CI-, ct an U N cc '51 •• 0 U z o y C O -p s, (v 0 ct N tan a) O ct •- tan one O O c4 •�; C.) '3 c� -• cC cd `N C CD Ct 'd 0, a) • ' �v tan O an ct 0 O U Q > O U O tt -o ;. � cd �C Uct ct ,� a) ct) Oizt .0 �.' Ciiit CC: Zi uO y 4.O O UO 4-4 cu -N D •I U O i ,.O O 0) Zp 0,4 • • a U y '= O ct ct p `A ,4 41 4] 8H N ONid taA O N H i. O a, C C O y Qq,t O 'i) ,t;. 0 -ci Cf p o p icet ( Q 'C t.4 aU>n� C a) 4." Q N U S?"E— Pamet - C O 0 •�, U o a ct ) 0 N an N o N v1 ¢ N -� cd 0 N --1 E4 � ti . CA Cl) •-. bA • ct o cu ic5 a) a Q Cl) cr o ; -6 > •� . ab . ct ' �" •Ii .- I O bA = O Cl) `O .- '� •U a) Q., `O 0 p p x "� N O ct '� ¢" W 0 �E M o ci O a- '� •LI U �' w ct; 7,d i O O U c c Q j O O to ;_, .� zcit �O O cO ct) r:)' c� F as o� o O -t U ,- , N '' N O 00 4 Et CD C [�I R 9 .W ° �0 °Y? 4 , 2 ° mLLi Y dY C n 'ro e A 4wi ,w C E EE $ u z C ,;i [ � a A L8 ° C ' 1 y ' jb9lgil Y 17uu0W 3 S ,4 jb U y i M m a W O ` U a` QRw C o ui _o N Et" Dn 1 C� 3 OwOUa a R C 4 0 "r N c `.Y=0 Ev i4 c0 c o :; tic d' Eo m n cymm g C �R Uinui 11111 I U 0 ILA p° E 1 ° ac 0 aQ a - M1Ec `4 Pi 2 n ., 4 cm • uoYa 3 � c e k �N q °qar� C o a 9c n E ryAtm d LR „ C. > E 3v ca c?" ,v 40 C 2 v uio 0 ii.%x iRc� ; ,w 3 R N i5u. 0 d youo �/ E.. .g ii i m 9"q 0 c [ -0IE. F.G. 0 �� 4t v N C c E p of a E w ;1i,u>. O uU 40 "tn „ k> ; c ? 't E l U L c b y o r y 3 w 01 3i R • c u e ; i s ; ' E 0 rt 0c'E„[ 0,A C t %i C 0 C C 0 1141 � It : C b R 4 X C n ;4iOu 0 E E 7 Y E S 46 66u = u 1 ou 4t A C f YR 3L� � C fit, E q . U L 0 Z �L C a U N !,c,o w 40- og }}: E ° � 3cu c mo > ? a „ E c "�r� h • v �v 1 q a Y _ ' C r• v G o Y u pt Y c R . C n c N a=n U 6� �9a 4 ° t, OU .6 . t, c3 C O .o,1 p a I u x U 1 0 1 , R4 :4 G Ow- 1 aI c `�� I' t) Dae c q0 ,,I "ccc ° `mac H v 0 4 d 42 Qn a m t F2;E ay �u UmU Q UQ U I c,04'> 0 �'�• cC L L3044 w Jo 40_ a 4 .Q h h N m U m b n F" -0Ari.Q. A do UCni L N 0 c _ o c CC. nco V . Y N Y l m B d c 44 ! .2 4 .2„4 en ** 4 Q O _' rl t ` 0 a W C U1 C W N g H o / C ■ , IA 6r 0 § f . 5a 22 ƒ \ / / / I y ® t { R \ all G { \ § \ ¥ ) 3 E § E k 9 Cr k / : vi / � � ° £ \ ; £ e o � \ Cu / k / / § 5c } \ ° ¥ to C C 0 a% \ \ § § »; ' c 3 2 c » c / ) a \ E 29 a § e G § a / ; .c o 9 -o } u § / ? ± g [ ; M .7 G c l i v - / % / }JD ) 3 5 laa } = a jj § 1 0 fi ` cx } \ j / u f 0 § c / \ 2 £ m = § r Lri. _ » t ° & O § E _ : v { u E _ o \ ] § / / « / L. [ \ \ b ) 6 ® , - , ■ > , o , § _I < E / / - 01 \ v. \ \ } { / t / % ® ( \ ( 0 _— 0 { \ \ \ c - 0 c ° \ ( _ " ° :,', m a m - / fg . \ \ j \ t > , \\ [ < / o / o u — _ _/ »/ E f 2 ,- \ '' c 5 § ( ° \ cƒg 4. / $ wa . g , ... _ a \ ( } % § •CO a % % = � e & - , . , 4 _% ( 2 I 0 L. ? • $ .4. ± ro / 0. a ` 6 2 $ \ ) '0 r , § c ) « a_ < / "3 < a a = f E ± / E ° CU _ U. � > \ 4 W § § G t K \ 0 Pa a a § �$ew G `a) w # o a • < a / \ $ / C ` . C 0 L) N N 4L r--a o o 0 .� \ V CCI CD IE. W �, a) o CD Ct O N o �, el c 0 a, • =I o ° l) *4 5 c O ' '7C 4i = A p o •� v '� C6, c.) Hc-2c) Ct _ N Orir U 6) al (L ,S) 0O u U v 61 ca UH.4 q= O CL, p ) +6)C 5 -5, 4.1 5. vo pup. p . O w w q O (0 �"•' Y., w ., adi. U 0 OS n\ r., L ct Fr 66 6) C G c- •u 5 '" -� u66, p" O O aJ ct u ca u U Oa"� ICIC Q aJ C R+ C u ^° -5 m C O v) O b0 v D, aar .b O 0 .a aJ •-, 6J 0 U U .� Q cnE `, i' c. U ,0 6) . O o Z...) C0 U 6) cf,�., O c3 O �. a U 'i 0 C 3 O 6 u bq o >, �" b.0 u bA ca 6) C 'v ,a. 0,C a.) r @ 0 al - NI O ' a v U u O v .C. p cil � 3a, o "'o 0cq o a va � u ` vLCo ' o ct U 0 C s 'd a.)1C r" U -X6) ,--I-1 U6) rag \ Co vs C C D .;s. wca u � «S o a CI N O � a)5w ya ca Q Cd ' 0 la'a oa y. u CO L. ar U Vo L. p. L4.1 0 L O . n J bA�rn 5 d Cv n .-, y ° u C css Clc a >,• (I o v U .0 a) 0 0 o o � ua �d VX w 0.; vC C7 0 ^ m 0 phaJ w .. qDC.:: C� CI �i o @J O Igo 4) a u C as V a 3 a " � � a � �, 7a ° o ' o o 0 o .° ° LPL/ ° 0 b0 E a) N C o H C N a G. v Rs C cn w cti u o g cnF+ �o ' ) J ° v a = .o 0 3 3 t° O u �. O v -d o o Ntr) u v) .� Ud y ca () cE C y C a) • 0 ; . bOC ¢ N �ct, U iJ) 4,• v O+ 'O C 0 U ~ uE 3 61Ci Q1 0 10.0 o 'V �O U o ) Q uv o n > u'° w v wVoQ2i o w6nI— Uvi �7 0U aQ w P4 � NH N N t z 0 ----t, " cm.E ��,cU2'�2m02 �io1 W N ,3� E!A 0 2 0 0'� W r,N'N c 4H.-4:) ..-i.E=om1 U-i• W ;20 V' N 7 OmOf OTC 00W2 � ��'G d � N0.0 � i W2N+• NON j� EC y,tan 2 0 1 V„ a- N N V 0 mEo -8$ hOa Ucg c c2 �„ aN� N � � w �2� C ¢N 7 a, .. m„ C o coa - c , m LY 00" �o,CU� N m" CZ;O N 4+ 0. ; § N E t O C 6 1 p O N 9. Q tm W v c 2 m. 2 cEo= .5 c 0 9" 2'8 9. 2 2 > lfl t c2b0 ".CM8EYo L O) ; C'_2...0 t'.:2tyl0,...,s 2 F� CQ C(p N c Uh > >L l 8 .g4 t,A UtCO ,Q C .0 E 0 U C �C /, � GN r 'Ny � � y p� iV `U I+� 12 N 7 N N N W N U 01 0 P. L C 8 Q m‹ 3 0" v00 e.; 0 . m mii)," 2 ,a2 `‘' E ci s8' KEi2 co 2 i To c4,_ . co-,' .,•oto V1 W 0) d t! L 01 •G0 o 082 N DO 44 0 0I ° 3 8 ~' hE d to _317 � m 5 cc aN > u a ° �( d m0 ZZ u 1- aau. 00L M60 w W H 0 \ � 2 p� 6 § § ¥ / _ = � ER ` ƒ ) Qf = E $ £ 5 £ 2 £ ] \ $ ' E2 k c 2 ` [ �/ ] $ 208 > a, = 0 .0 - } \ $� . 2 ) / �{ - k ) ! > clx ,e Q § k \ TTA \ \ / � ® ) 27 Ja 2E t J . }k\ ` 236 §\ ` f .,..R.- 0 VI / ) � __ 0c° - '05 N,c / ° 2 % a �] 2i _ a , - e E220 2 ) 2 � koE 0 � f � [ £ ` 7 b . ; Z v m2 ccc ! -N d0 E ( %: % 2 �/ 2 / 0 } fD2 _ �2 2� ■ 0o c \ mE o c\ mV ) )) ƒf \ \ ) j § /b \ f . °2 \, gi 0. \ 2zc $ $ � � P § � � 2 k" § kR / § ƒ . g $ _ c i\ \ � � \ ) }\ / . 2 § / ) \\ \ $ \ Et : 2 t ( = oinctUEn _ ° ° / � q \ � np g 2 2 0 = ° \ ] ! > © j } mkk) ) \/ ) / \ / \ . o U CI CD O ID CLI Chi O wN� �c'o.COaa.�''T0N a= LaL.ry °'�ao��•'" oc Ub1D .�-+ •II r�c� ac�,��.x`'m,•aow +.;•u LIo44=u0ico•3 '...+.ro+�m Ln ^^I a•-01 7 cc, 0 In D o i 'Oro c a a ro ro c a in �• i••�I a$b$ anoowa.'X0"' b.C_0 C) o6uai «ETara O. o�� x a 0o a aE c uro Ewa _«Wo Uaonaotnn3c LX •acrn cororo�La E;,2-m� Z JL 7 iL • J+' 7 u1_O. ro a 7 0 0._0-0 a 3.L. 0 c a C c Ct VI ��O O T CL.�>a00 0 L W Y O•C Vf+r a s u a—O RI CI) .C•0 a ro RI 5 t Of av 0 ro u•-'a c cum u a._�.+ C rsi In Cm`•O yL LA •O C a�, a u C L u es VI•�a co �j U C7 aroi> da yac 1 a°=o�°_' �'� 3G) U va=bros c'°0--E O O = aro�xo as 7�nno-_E"a co .oQal•7 `a Q' coou Q�ic av 'SEE N'C CI O 0:, .W •sISwM ZCe Lea Z. Q�•V O O ro O+{ a� 0 C..). E ro=a s•-G a>'v1 C CV., Z U Q aL a o— U VI WLA lL1 a LL VI •~ .a S .UZ CL 1.a-.J�roa _ar a.'C •..� -L.-Z Vy=GIac7 C.0 el)C NE aO Co)CD L•E' v, OOa o aEO`Ma-O roa0 roF'G as''c0-Oa OLroaZ V 7 q a J ro EEO II-- 0.0 i Cl d a t•C a a 0 L a.E 10 'O d cu'S`�•`o ooc coiU�n_ca Cai -0C CroCe7"0C 'a c'"a A ro�Nx oro�aarsa0 0 aaL ro;oc .N�'�tao� roa`r��% L.. .•. i C L d- �N r C.. a s a an ro L p> =a 0 a ro 61 p rtN o v ry 7•_fa C•—0 •—i E' o ro> t as 013 a� R.N o d'9° a J aEaaaat- c 0 cu.: 10'� c�.L. �Lc:�O w W c=�Z a s a`nc7Z�c o �"� `+ c uai �a e:.�.�m 3 V a y c a�. o,o u ro cm o a a o,s a o v c.y . .. F, >�ci,C 00 �olaaia l :=00061 „I El—CD Cai Ct° O/c 0Oa 12C t•a>roM VI to _ >ecN° Uo bEc'�Loi�`o "Qa �n E�=LCuE >44.>-- E-o N -c)C.)a ro jN Cin U• ut~a�LL roCb .-.Quo Xat 7c�H CO.U=C�iE XLL01 CD 6.1 a NEo Nroa a'c�-ai °vE ^:-�Z wro3 "cE°: `�...) W O LQTO� Zco��Z 0-1C —0�•�� d=aL coViav'�.a aQOU E00 ccni Z v1� �J Z.Z•-0 iONN=t-a0 O 7 0V1ro o~EN •�"70yU��"6 a o�E5V 'ro•ro 0a a roof 23.00 v_ aa=C CA OroNLarom�LL a.�£ o+ac a�-as>a�iQ a >`�� yvc U� H E y' O' a a.`ro.0 2 a O'o ro-0.a iO�-08,-- a s in a 61. �j a aW Aro CroO>,0 ad10 w CL C CUana C CO Oaa L0L OLL O T 0..c&IN roOaZ.aoZ aroro3..a=..°CO° aCa UL�VI I-5-..u ...._.. _. a..r... 2UU<n Cxe •- O O 70 CI aZ it a) : eieLCIJ I Pm( ,....0U-1 li a = : CD 0 4— O.) O -0 a a) >, CD b N - a) Ln N Zccl 0 'CY —*..., ... .,•44 L'' ' = c o Q.e = o W cs L cj Ca 4.0 E ' cio `� r C....) c. i ea � � -"r>a - . - ei, s o. n O CZ 00 L. 'O O a cu C" v .a ... but) C 4' + .L' I. Cu .= y„ A ,c bD C. I-. +-+ Wb,o " 6 • '� 0 C 4— Q,L. 1 a-+ v -- N -dI .I o ,,, t�enCZW0 .au ooe' O a cc E v o LL. 9. Mk :a A 4-> 'A, VD W v 4.. 4> CZ el --+ ( _tS C -' - r O 74 wWLa/ OC � C 'p �> = 4. v = - O CI ..CD O :e! ' Co) Cl C%* ee w w Cv x = � TT. � - N r i_-� :: C IA ar Z. E— �D 0 cm/ u 1 c .� C - o p C - t r b1 c!) '=4 d O .C) H = x E G.w N W s- c = c ... Vcn EE— �--, N -- ., - •,-� r•, I)) ( 0 o N .0 N f31 ",5, o g c..4—, (1) ,7: ct ' •- •� 0 � � (I) C.;•v' ' E ct cl O i-L- C) .v--44 (2, .A-, -(8 en 0 C Q) U r) a) cc • `n a) o N •v E •U c �' �' � o c't ct 0 -� tom � '7i + Q • o I) U A N . Q Z ,--+ N x w 4 ...... ,itz 7d +4 •_4 # ) ;" 77: N 00 x _C O Aa(I) ct CC U O O ¢, ct ct �--' '� �, ran ct j O u r--� O �--+, .A_4 . a, * 4D 4--1• 1.) •,_, .4_, 4 : A-4 ,..0 c..) v) •,- 7-ti ia' 0 ... — ,) * 'zi 1 O c� ^1-Til c,,, c.,) c6� ct ...I i-tz :1.1 71- * aCA , ,..ci Cal) C ; • • o ' V * .5 4 -, � c b1 ;� * o Jr *ct • • °° hi eit a - __ v v 31 * O 6 ! • i = 0 (1) O bA VI 4? r—, v = ct 4° 5 .1-4 O U N U ccA O E • cc O * bfJ .- N a) O U O . o '� ^ 4� C • E ct * O �-, X cV O c.) ct * w : U c.) * N �.. x U• v z = ,_ O U N I 4c7 co tt N - 00 4 U -r •431 It Ar bQ•� � >'� , , _-_, CAS ,_) •! O U 's yC.) i'' $--4 '' = ca_, '= � � N a N `- ° U c �° Z 'E rz$ ,_ 9 cu , ,—. o .—. ct 0 ct -, bA = ct a)cs O cA ct a.) p •.� U •- O D It .0 CI) jui 2 = N v) $-' ct cA ram, O c U O U cci U v) ..i U N E O ciz; : ct U tab 4-1 O O +' ,6 Wct •A—> v 7i O cA >C .. o ' c� to a � � U, W cu cg � �- U V U � U �' E •to•- � 0 W = � o (1) o mt:$ as cw 0 N - J C= Q) = 0 = +J U •� • �-' i CO N CJ CD 44 C U 4.1 O O W 2 aA o o _o U .4 O M U U `-I© �"' co04 `-I =+ = J (I) CIA O C s- CO = a) 0- Cis ;-+ a Cli z o 0 m F— Cio E co a . t c m .- w -0 a) N' Q) - �, I o a o LL J J L LL O N N N Z w z O °C w ate, z v z u �r w x :z_i < ,, O w to a. 0 o z d ce a. z zo � 2 y z oo w C� < 00 • w w 0 © r iS Lai >- z o 0 w r.i c) , i,) ,._. I-. c^a IS v) (.. U > 2 JF- 2 o ¢ z w ;..) a v O L.L. > Q cv U w U a 2 O = w �, U c GI. Boa, a t1J ,o� p cz� ' - c- o U cry,; C; •- •X •r � O ' Q � 44 �r � c g A � z� o o. �•� CD a � c. c4 .o Am 44 Ct .- tX 1, 4 CJ L' 2 W •- - — r"' �, - a, o'cE3 moo at Et U4-- ct o C) �4 �' v !IIt ci)4: CIO —•— � a,ct � O •~ Ea) cr � � ~ter� cA Ct ,.- W tea.,6<i)•� ,^'. •— � - � �'� Q'o•, O °N Hci, ui H c `.e. o U 0 Q = .- 4— Cmi 4— nzs CI Pol X Ct I Q .- — A Q 1 4m a = u W t•I . C)_ Q 3 Zh a� � 411 WI 7 _ Z2.7 t, : za - J , -• p r 4 0 40.— rtribri ,. . Q W q J NAua ill = 3 S ,4 Q Z s == . .` :z ' max a °_ ell -:. ' 1- ilit47 ',.., . ;NO . J. ICI N 41) I f z ;I;r,3 4I) t '- U N C CD CD m w C • a) U a) L •L 4.d CL a--) O CD O O N 4-1 L 4.1 N i + O. CD= 'v co p Z N v = U 'N +, C O C N -C o — L O a Y co a) 4- IA E a, s , N -� f� o °' `° Y a) v > () 4-7 L 0_ CO a) Y V) L 'O .0 co ,V < COZ 0 0 Y L f0r-i cO VI C� /V'/'CI • N LT_ --vCu Y E a1 N O b.0 O a1 N • Y " a ••u To v •- LJJ '� U +�+ c _0 a C > o L `D 'ID N L O U a N a1 I L A, a) +L O U > a) f0 j S O `—� 4-I WE 5 o O _. ° �' 3 i a' t ++4-0 >. _ Q. Y 3 Cu = N .o 6 fa CT-5E 0 ° o LE -0 9) O o C E .0 m -O (� Co Y 3 a, a f6 u }i O N 0 E U i C Q C v, a) a) U C v vC CO o (a U . a) a) 0 o " Y -o 0Q .c a) ,C 4a a--) CD S 0 YCO C To O Cu U i v`, Cu O N — a) vi yj -O O Cu t'rO V) C_ �+� CL L Q U 0 Cu C 4_ C 0 v, ut O C 0 0 Q -0 op ro 0 a 0 �i > �--, cp 4— L Cu > C 0 _0 C a)C T f0 u, ob -0 C ++ NE ~ �' C to u cc,` 0 0 p 7 N O fa L N L c O i O_,,_ a, [O 'i a-+ t a) N _ `° „ V, 0 4- - Q `� co O OD C 0 Co Cu a) o L o0 la Z m co Y V O C Y U l0 ut V) 'L O 4A i a) , o =o _0 0 0 r^ 0 a) o 0 .G O. 0 c a) i v :� o° vt O. n o o = U > '0 o L +-' +� C v u CO 0 v, co v 0_ Cu O d L �•► t c 0 Y a Y O L L L N a� Y n a, v O N O QJ U a t 3 .F m o -0 > u co 0 C �' N N 17 m o 0 0 E u ;� - J 00 a- all fC fa O N Y v •_ 0 •�, w U o O Y w u O v cB ? 0 CO a1 a) a) `co N iL 4-' VI U a) Y U u C v, Q) U C E .CI— S }' 0 O 4-1 on 2=0 C _v N a) a) u u o00 CI- 00 T O_ O u O' v, vt VI N -O U .> 0 U N vt > L1 m _O _0 co J C C Cu 0 YO 4 o 4 (6 O t U a) V) V) +'.' QJ d i v, C L I- v �0 C •L •V 0 C O O v Cu i O • 7 Y 41 a) i '0 p, L a) a) u 0 o a) 0- C a) E u +' v �' E E o ° o �' a ra ° t a, E E ut 0 Y a) O C O }, NJO O CA Y O Q) a) O E o 0 0 L., O U >• - O O E E t J a) •N C 0 0 O L 2 0 0 Q a c Cu b :N 0 Y 3 �' is t t Z a1 3 ° U U a) i OA OD L v o v ra ucSO a .� 'v Q L Y Q Q) Y Q Y L O L Cl) Z Z • a) a m C c O U t i O Q aJ cc v— v— as X w N C1� \_ 7 (111 n1 Csp �.� W C4 W LW tc1 CD z z z a a Z x O 1 z Nis1/4-A 6 tip► g U :R. O - O Q O .. s Z - co . v7 D-3 � > > > it4a 0 3 ` O0 W 0 s. H 1.14 > �- z Uz O C cu ct au cJ 0 t.. Cl) O im 4--4 CZ: 0 O CIO •� im (-1--i 0 v) U v N it 0 75 0 v1 C 4* 4.) U N 44 O 6 • o cz: Po © TS �-' 7 .1 CD CD o �, �ct 0 : O bA • j a CA ;-1 .5 c' g c� O Can N � '� O � A 0 � °o n m Ili" ... I, it - . ! .- • y t . . tJ I. 14 1 O _' •1 _ t ii. till '4* •4. t t I i 6,4....041166 0'. #• _ _,,,• r .42:;.:. .... it• 1r1 r,js ‘., - a" ! � ,;,.. . • iit l" -'..- •4,..0•p-.4 t. •e-- l! ,.,,.„,I... fr: .- At . ...„ • 1.t..e.Y-'t*,.,v,/ 41 x+lP q a.` j J 1 - L _ 11 - J i i • ■ 1 i ,, f r r . r ' , ,t II ,3 r -i , pitilegia 4- 111 ,r'' '''' '''' )-: lir' -icidara. e -4"AIN • ...., AA ___,_ 1 , __..mi , Ir _ 1 , . ,..._._a ti.•.; .... - muldim 2- NVIIIIV7r, loettbenINFI "0-.44: _ IV r • 4 z- ir oz a : g 1 7WJ '11 y� Ow CfaJN J)e II i94 itg . W G U a Y bs A UT g� _ J� IIII r GULF OF M�Co d�°_ � � U tuo Cu- I_ c C N O ik U U --, c [V m rN 4 ii 1 iii 4 I;44' a +�, o* %*• 2r ."yli � .• ro Z f 4 ti 1"4116' *4t* S4g /4 ell 4111, co) :..4.- 4. vitito.4 $4*. oss e A *t(41 *1'; ',rs 41** i k7-4 . ... OA* htz;.,,. e,4!", , Elk- . 1. X 9., 21. r fti,_ ,. D♦ CO Y LI \,(En hI • � o M N U p U Y o v D co cr o a a a) N ' N V CID U C ... coN Lam' ''C co cu .E a 0 a u at Z GO a) o CSC = 6 O H = _ CI 7: o co VIGOo CA U ,. 6 ^C O c. co = N ,.a .= = cP-I s 6 > o f N ci.e �-.. E .� '6 F" = C. i a.) to. *, CACI 6 rn o rzi 00 A s o = :A t" .Z6 co ctt 2 = 4"czt N •= 6Eo ". �"' o o ='7i 6 o CI 6 ?' V I s o coo 71 01 co > y cu �+ o 41 e S fl" a •z S Iblift CI C = C C 'C C4� GO S = = a C C C..) y G, W °41 G E c C.)0. oCC.., ° x "C C.) x '� E4. LT4 x - . ^CN � etz 14 .i.e. iic. co 0 E- lz w� A c a _ cA o '~ ,- , _ A .. c . CD •° O = a4 ,-4 •° o .5 � a -o Z t~ o E ual. EA °' 0 ro• ° A 70 - � o ' O v CD '� co im ,4 © cp Om •� a. . N O v a O y = au I r4.�, v "C 3 = ' Q Pi _ 4-i 4 © "o • , o C C p O C © CD O — C� ct a. •� = o �C - y > = o CI C. CU c" t� c." .1_ 1.) c Ac 12 .45 . . 1..) o c o!:1 Q..) _ - = a 04 r—e CI CO u •� ell cc .� O © "� = C) y i. O — c Co+NJ .00 M 0 C14 O N .�to n. = aC, .oQD • © >A NO= C •� O � ar : t r"' O •sue O c¢" _ 44 ° = O CC ram.., ¢ ct N • 4 O r� 61 C. Q, .-4 N Collier County, FL Land Development Code about:blank 1.06.01 - Responsibility for Interpretations A. The County Manager or designee shall have the authority to make all interpretations of the text of this LDC, the boundaries of zoning districts on the official zoning atlas, and to make all interpretations of the text of the GMP and the boundaries of land use districts on the future land use map. B. The County Manager or designee shall have the authority to make all interpretations of the text of this LDC on matters related to the Building Code, building permit requirements, building construction administrative code or building permits. C. During the course of review of a development order or permit, as the case may be, should an applicant and staff be unable to concur on the application of a specific provision or provisions of this LDC, the County Manager or designee shall be authorized to make a final determination. D. Request for Official Interpretation. The County Manager or designee may render an official interpretation of any part of the LDC. The building official may render an official interpretation of any part of the Florida Building Code. 1. Generally. An official interpretation may be requested by any affected person, resident, developer, land owner, government agency or department, or any person having a contractual interest in land in Collier County. 2. Procedure.The Administrative Code shall establish the procedure and submittal requirements for an official interpretation. 3. Request Criteria. Each request must identify the specific LDC or building code citation to be interpreted. Each request for interpretation must be accompanied by the appropriate fee as set forth in the fee resolution adopted by the Board of County Commissioners. Under no circumstances may the request for interpretation contain more than 3 issues or questions. It must not contain a single question with more than 3 sub-issues or questions. If it is determined by the appropriate official that the request for interpretation contains more than 3 issues, the applicant will be required to submit a separate request accompanied by the applicable fees. 4. Notice. The interpretation shall be in writing and shall be sent to the applicant by certified mail return receipt requested. Public notice procedures are identified in LDC subsection 10.03.06 P. 5. Effective time limits of an interpretation. a. An interpretation rendered by the County Manager or designee shall remain in effect until the appropriate LDC section is amended to clarify the applicable provision or provisions which warranted the interpretation, or until such time as the interpretation 1 of 3 10/8/2021, 8:44 AM Collier County, FL Land Development Code about:blank is adopted, modified, or rejected as a result of an appeal to the Board of Zoning Appeals and/or the Building Board of Adjustments and Appeals, by the applicant or other individual or entity identified in LDC section 1.06.01 D.1, above. From the time the interpretation is rendered and the time the appropriate LDC section is amended, or in the case of an appeal, until such time as the Board of Zoning Appeals and/or Building Board of Adjustments and Appeals has rendered its finding, no further request for interpretation regarding the same issue shall be permitted. b. An interpretation rendered by the building official shall remain in effect as provided for in the Florida Building Code. 6. Appeal to Board of Zoning Appeals or Building Board of Adjustments and Appeals. a. Within 30 days after receipt by the applicant or affected property owner of a written official interpretation sent by certified mail return receipt requested by the County Manager or designee or building official, or within 30 days of publication of public notice of the official interpretation, the applicant , affected property owner, or aggrieved or adversely affected party may appeal the interpretation to the Building Board of Adjustments and Appeals for matters relating to building and technical codes as shown in LDC section 1.07.00 or to the Board of Zoning Appeals for all other matters in the LDC. For the purposes of this section, an affected property owner is defined as an owner of property located within 300 feet of the property lines of the land for which the official interpretation is effective. An aggrieved or affected party is defined as any person or group of persons which will suffer an adverse effect to an interest protected or furthered by the Collier County Growth Management Plan, LDC, or building code(s). The alleged adverse interest may be shared in common with other members of the community at large, but shall exceed in degree the general interest in community good shared by all persons. b. A fee for the application and processing of an appeal shall be established at a rate set by the Board of County Commissioners from time to time and shall be charged to and paid by the applicant . c. The Board of Zoning Appeals or the Building Board of Adjustments and Appeals, whichever is applicable, shall hold an advertised public hearing on the appeal and shall consider the interpretation of the County Manager or designee or building official, whichever is applicable, and public testimony in light of the growth management plan, the future land use map, the LDC or the official zoning atlas, or building code related matters, whichever is applicable. The Board of Zoning Appeals or the Building Board of Adjustments and Appeals, whichever is applicable, shall adopt the County Manager or designee's or building official's interpretation, whichever is applicable, with or without 2 of 3 10/8/2021, 8:44 AM Collier County, FL Land Development Code about:blank modifications or conditions, or reject their interpretation. The Board of Zoning Appeals or the Building Board of Adjustments and Appeals, whichever is applicable, shall not be authorized to modify or reject the County Manager or designee's or building official's interpretation unless such board finds that the determination is not supported by substantial competent evidence or that the official interpretation is contrary to the Growth Management Plan, the future land use map, the LDC or the official zoning atlas, or building code, whichever is applicable. d. Time limitations on appeals. Any appeal that has not been acted upon by the applicant within 6 months of the applicant filing the appeal will be determined to be withdrawn and cancelled unless extended by the BCC. Further review and action on the appeal will require a new application subject to the then current LDC. (Ord. No. 13-56, § 3.A) 3 of 3 10/8/2021, 8:44 AM Collier County,FL Land Development Code about:blank 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. 1 of 1 10/8/2021, 9:30 AM Collier County,FL Land Development Code about:blank 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 and conditional 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 and conditional 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 section 1.06.00, interpretations, of this LDC. 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. 1 of 223 10/8/2021,9:17 AM Collier County, FL Land Development Code about:blank 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 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). I of 40 10/8/2021, 8:41 AM Collier County, FL Land Development Code about:blank 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 pursuant to F.S. § 400.402 and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to F.S. § 651 and ch. 4-193 F.A.C.; all subject to 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. 2 of 40 10/8/2021, 8:41 AM Collier County, FL Land Development Code about:blank Tax return preparation services (7291). 40. Travel agencies (4724, no other transportation services). 41. 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. 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 asconditional usesin the(C-1) commercial professional and general office district, subject to the standards and procedures established in 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; commissary 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 recommendation shall include, but not be limited to, the following considerations for the conditional use request: i. Seating capacity. ii. Gross floor area of the request in relation to the principal structure . 3 of 40 10/8/2021, 8:41 AM Collier County, FL Land Development Code about:blank 7. Educational services (8211-8222). 8. Funeral services (7261, except crematories). 9. Home health care services (8082). 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 4 of 40 10/8/2021, 8:41 AM Collier County, FL Land Development Code about:blank pedestrian and vehicular access ways and parking areas from residential units, to the greatest extent possible. 13. Religious organizations (8661). 14. Soup kitchens. 15. Veterinary services (0742, excluding outdoor kenneling). 16. Any other commercial or professional use which is comparable in nature with the foregoing list of permitted uses and consistent with the purpose and intent statement of the district as determined by the board of zoning appeals pursuant to section 10.08.00. 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). 5 of 40 10/8/2021, 8:41 AM Collier County, FL Land Development Code about:blank 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). 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. 6 of40 10/8/2021, 8:41 AM Collier County,FL Land Development Code about:blank 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 F.S. § 400.402 and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to F.S. § 651 and ch. 4-193 F.A.C.; all subject to section 5.05.04. 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). 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 7 of 40 10/8/2021, 8:41 AM Collier County,FL Land Development Code about:blank 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). 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. 8 of 40 10/8/2021, 8:41 AM Collier County, FL Land Development Code about:blank 74. Any other commercial or professional use which is comparable in nature with the (C-1) list of permitted uses and consistent with the purpose and intent statement of the district as determined by the board of zoning appeals pursuant to section 10.08.00. 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(5'h)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. 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 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. 9 of 40 10/8/2021, 8:41 AM Collier County, FL Land Development Code about:blank 6. Membership organizations, miscellaneous (8699, excluding humane societies, 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; 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 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); 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 10 of 40 10/8/2021, 8:41 AM Collier County, FL Land Development Code about:blank 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. 12. Any other convenience commercial use which is comparable in nature with the foregoing(C-2) list of permitted uses and consistent with the purpose and intent statement of the district, as determined by the board of zoning appeals pursuant to section 10.08.00. 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 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 11 of40 10/8/2021, 8:41 AM Collier County, FL Land Development Code about:blank 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 kenneling ). 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). 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, liquidation services, metal slitting and shearing, packaging and labeling, patrol of electric transmission or gas lines, 12 of40 10/8/2021, 8:41 AM Collier County, FL Land Development Code about:blank pipeline or powerline inspection, press clipping service, recording studios, repossession service, rug binding, salvaging 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 . 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 13 of 40 10/8/2021, 8:41 AM Collier County, FL Land Development Code about:blank 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 F.S. § 400.402 and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to F.S. § 651 and ch. 4-193 F.A.C.; all subject to 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). 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, 14 of 40 10/8/2021, 8:41 AM Collier County, FL Land Development Code about:blank 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 . 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). 15 of 40 10/8/2021, 8:41 AM Collier County, FL Land Development Code about:blank 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 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 commercial or professional use which is comparable in nature with the (C-1) list of permitted uses and consistent with the purpose and intent statement of the district as determined by the board of zoning appeals pursuant to section 10.08.00. 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. 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 sections 4.02.02 and 10.08.00. 16 of 40 10/8/2021, 8:41 AM Collier County, FL Land Development Code about:blank 1. Amusements and recreation services, outdoor(7999 - boat rental, miniature golf course, bicycle and moped rental, rental of beach chairs and accessories 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). 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: 17 of 40 10/8/2021, 8:41 AM Collier County, FL Land Development Code about:blank 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 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); 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 . 18 of 40 10/8/2021, 8:41 AM Collier County, FL Land Development Code about:blank 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 - community theaters only). 26. Vocational schools (8243-8299). 27. Any other intermediate commercial use which is comparable in nature with the foregoing list of permitted uses and consistent with the permitted uses and purpose and intent statement of the district, as determined by the board of zoning appeals pursuant to section 10.08.00. 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 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. 19 of40 10/8/2021, 8:41 AM Collier County, FL Land Development Code about:blank 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 kenneling ). 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). 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, 20 of 40 10/8/2021, 8:41 AM Collier County, FL Land Development Code about:blank filling pressure containers, field warehousing, fire extinguisher, floats-decoration, folding and refolding, gas systems, bottle labeling, liquidation 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, salvaging 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). 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). 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 21 of 40 10/8/2021, 8:41 AM Collier County,FL Land Development Code about:blank 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). 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 F.S. § 400.402 and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to F.S. § 651 and ch. 4-193 F.A.C.; all subject to 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. 22 of40 10/8/2021, 8:41 AM Collier County, FL Land Development Code about:blank Labor unions (8631). 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 and 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 and 7363). 102. Photocopying and duplicating services (7334). 103. Photofinishing laboratories (7384). 23 of40 10/8/2021, 8:41 AM Collier County, FL Land Development Code about:blank 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 and 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). 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. 24 of 40 10/8/2021, 8:41 AM Collier County, FL Land Development Code about:blank Telegraph and other message communications (4822) including communications 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 commercial or professional use which is comparable in nature with the (C-1) list of permitted uses and consistent with the purpose and intent statement of the district as determined by the board of zoning appeals pursuant to section 10.08.00. 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. 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 section 10.08.00. 1. Animal specialty services, except veterinary(0752, with outside kenneling). 25 of 40 10/8/2021, 8:41 AM Collier County, FL Land Development Code about:blank 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 requirements 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). 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 ). 26. Any other general commercial use which is comparable in nature with the foregoing list of permitted uses and consistent with the permitted uses and purpose and intent statement of the district, as determined by the board of zoning appeals pursuant to section 10.08.00. 26 of40 10/8/2021, 8:41 AM Collier County, FL Land Development Code about:blank 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 kenneling ). 10. Apparel and accessory stores (5611-5699). 11. Architectural services (8712). 12. Armature rewinding shops (7694). 13. Auctioneering/auction houses (groups 7389, 5999). 14. Auditing(8721). 15. Auto and home supply stores (5531). 16. Automobile Parking. (7521). 27 of 40 10/8/2021, 8:41 AM Collier County, FL Land Development Code about:blank 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. 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). 28 of 40 10/8/2021, 8:41 AM Collier County,FL Land Development Code about:blank 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). 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). 29 of40 10/8/2021, 8:41 AM Collier County, FL Land Development Code about:blank 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 F.S. § 400.402 and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to F.S. § 651 and ch. 4-193 F.A.C.; all subject to 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. 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, 30 of 40 10/8/2021, 8:41 AM Collier County, FL Land Development Code about:blank 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). 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 completely 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). 31 of40 10/8/2021, 8:41 AM Collier County, FL Land Development Code about:blank 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). 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). 32 of40 10/8/2021, 8:41 AM Collier County, FL Land Development Code about:blank 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). 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 communications 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 33 of 40 10/8/2021, 8:41 AM Collier County, FL Land Development Code about:blank activities conducted in an office. 183. Any other commercial or professional use which is comparable in nature with the (C-1) list of permitted uses and consistent with the purpose and intent statement of the district as determined by the board of zoning appeals pursuant to LDC section 10.08.00. 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 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 requirements 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. 34 of 40 10/8/2021, 8:41 AM Collier County, FL Land Development Code about:blank 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 Administrative 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. 35 of 40 10/8/2021, 8:41 AM Collier County, FL Land Development Code about:blank Veterinary services (0741 & 0742, with outdoor kenneling). 19. Any other heavy commercial use which is comparable in nature with the foregoing list of permitted uses and consistent with the purpose and intent statement of the district, as determined by the board of zoning appeals pursuant to section 10.08.00. 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 36 of 40 10/8/2021, 8:41 AM Collier County, FL Land Development Code about:blank 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 exception 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. 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 section 10.08.00: 1. 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- 37 of40 10/8/2021, 8:41 AM Collier County, FL Land Development Code about:blank 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). 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 38 of40 10/8/2021, 8:41 AM Collier County,FL Land Development Code about:blank 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. 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 39 of 40 10/8/2021, 8:41 AM Collier County, FL Land Development Code about:blank 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) 40 of40 10/8/2021, 8:41 AM Collier County, FL Land Development Code about:blank 10.02.06 - Requirements for Permits A. Generally.Any permit submitted to the County must meet the requirements for that particular permit, as more specifically stated below. 1. Relation to state and federal statutes. a. Required state and/or federal permits. Where proposed use or development requires state or federal development orders or permits prior to use or development, such development orders or permits must be secured from state or federal agencies prior to commencement of any construction and/or development , including any changes in land configuration and land preparation. b. Development of regional impact. Where a proposed use or development is a development of regional impact(DRI), it shall meet all of the requirements of F.S. ch. 380, as amended, prior to the commencement of construction or development . Submission of the application for development approval (ADA)for a DRI shall be simultaneous with the submission of any rezoning and/or conditional use application or other land use related petition required by the LDC to allow for concurrent reviews and public hearings before both the Planning Commission and the BCC of the ADA and rezone and/or conditional use applications. The DRI and rezone and/or conditional use shall be approved prior to the issuance of any required county development orders or permits and commencement of construction or development . 2. No approval of the final subdivision plat, improvement plans or authorization to proceed with construction activities in compliance with the same shall require Collier County to issue a development order or building permit if(1) it can be shown that issuance of said development order or building permit will result in a reduction in the level of service for any public facility below the level of service established in the Collier County Growth Management Plan, or(2) if issuance of said development order or building permit is inconsistent with the Growth Management Plan. Anything in this section to the contrary notwithstanding, all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. III] and the Growth Management Plan. B. BuildingPermit or LandAlterationPermit. 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration permits.The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration 1 of25 10/8/2021, 8:38 AM Collier County, FL Land Development Code about:blank permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered , utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building , structure , or land except in conformity with the provisions of this Code unless he shall receive a written order from the Board of Zoning Appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. Application for building or land alteration permit. All applications for building or land alteration permits shall, in addition to containing the information required by the building official, be accompanied by all required plans and drawings drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings already existing, if any; the size and location on the lot of the building or buildings to be erected, altered or allowed to exist; the existing use of each building or buildings or parts thereof; the number of families the building is designed to accommodate; the location and number of required off- street parking and off- street loading spaces ; approximate location of trees protected by county regulations; changes in grade , including details of berms ; and such other information with regard to the lot and existing/proposed structures as provided for the enforcement of this Land development Code. In the case of application for a building or land alteration permit on property adjacent to the Gulf of Mexico, a survey, certified by a land surveyor or an engineer licensed in the State of Florida, and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a building or land alteration permit is requested, which the County Manager or his designee determines may effect the density or other use relationship of the property, a more recent survey may be required. Where ownership or property lines are in doubt, the County Manager or his designee may require the submission of a survey, certified by a land surveyor or engineer licensed in 2 of 25 10/8/2021, 8:38 AM Collier County,FL Land Development Code about:blank the State of Florida. Property stakes shall be in place at the commencement of construction. c. Construction and use to be as provided in applications;status of permit issued in error. Building or land alteration permits or certificates of occupancy issued on the basis of plans and specifications approved by the County Manager or his designee authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Building use arrangement, or construction different from that authorized shall be deemed a violation of this Land Development Code. i. Statements made by the applicant on the building or land alteration permit application shall be deemed official statements. Approval of the application by the County Manager or his designee shall, in no way, exempt the applicant from strict observance of applicable provisions of this Land Development Code and all other applicable regulations, ordinances, codes, and laws. ii. A building or land alteration permit issued in error shall not confer any rights or privileges to the applicant to proceed to or continue with construction, and the county shall have the power to revoke such permit until said error is corrected. d. Adequate public facilities required. No building or land alteration permit or certificate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance, Ord. No. 90-24 (chapters 3, 6 and 10 of this Code) and Rule 9J-5.005S, F.A.C. e. Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations. Exceptions to this requirement may be granted by the County Manager or his designee for an approved subdivision or site development plan to provide for distribution of fill excavated on-site or to permit construction of an approved water management system, to minimize stockpiles and hauling off-site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of section 4.06.04 A. of this Code; removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Chapters 3 and 10. i. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 3 of 25 10/8/2021, 8:38 AM Collier County,FL Land Development Code about:blank days after the issuance of after the fact permit(s). f. Zoning and land use approval required prior to or simultaneously with issuance of building or land alteration permit or occupancy of land and space with the exception of the Early Construction Authorization (ECA) permit pursuant to LDC section 10.01.02 C. A zoning certificate, attesting to compliance with all aspects of the zoning provisions of the LDC, shall be required prior to obtaining a building or land alteration permit or to occupying any space of land or buildings or for the conduct of a business in all zoning districts. The following zoning certificate review procedure shall provide for the issuance of a zoning certificate. i. For the purposes of determining compliance with the zoning provisions of the LDC, an approval of a site development plan pursuant to LDC section 10.02.03 herein, authorizes the issuance of a zoning certificate. Said zoning certificate shall constitute a statement of compliance with all applicable provisions of the LDC, including the uses of the building space upon which applicable off-street parking and loading requirements were based, however, issuance of a zoning certificate shall not exempt any person from full compliance with any applicable provision of the LDC. ii. In subdivided buildings each space for which a use is proposed requires a zoning certificate for that particular space, independent of any approval conferred upon the building and the land pursuant to LDC section 10.02.03 and of a zoning certificate issued for the building and the land, shall be required. iii. A zoning certificate shall be required for any use of land or buildings located in residential zoning districts, which involve the conduct of a commercial or other nonresidentially allowed uses of land or buildings . C. Agricultural land clearing. 1. Agricultural clearing permit. A permit for clearing of agriculturally zoned land for agricultural uses that do not fall within the scope of F.S. §§ 163.3162(4) or 823.14(6), shall be required for all agricultural operations except as exempted by LDC section 10.02.06 C.1.d. a. Application. The Administrative Code shall establish the procedures and the submittal requirements, in addition to those identified below, to obtain an agricultural land clearing permit. i. Silviculture operations, as defined by the LDC, shall require a management plan prepared by a forester or a resource manager(i.e. Florida Forest Service, private or industrial). 4 of 25 10/8/2021, 8:38 AM Collier County, FL Land Development Code about:blank ii. If an ST or ACSC-ST overlay is attached to the zoning of the property, the ST or ACSC-ST permit review shall be in accordance with LDC sections 2.03.07 and 4.02.14 and may be reviewed simultaneously with the agricultural clearing permit application. iii. A generalized vegetation inventory and clearing plan. iv. Data relating to wetlands impacts and protected wildlife species habitat subject to the Conservation and Coastal Management Element of the Growth Management Plan and the LDC. This data will be required only when the county's on-site inspection indicates that there are potential or actual impacts to wetlands and to protected federally and state listed wildlife habitat. v. The property owner, or authorized agent , has filed an executed agreement with the County Manager or designee, stating that within 2 years from the date on which the agricultural clearing permit is approved by the County Manager or designee, the owner/agent will put the property into a bona fide agricultural use and pursue such activity in a manner conducive to the successful harvesting of its expected crops or products. The owner/agent may elect to allow the subject property to lie fallow after completing the bona fide agricultural use, for the remainder of the 25-year period required by vi. below. If the clearing is expected to occur over a period greater than 2 years, this will be stated on the application and may be addressed as a condition on the agricultural clearing permit if determined by staff to be appropriate. vi. The property owner, or authorized agent, has filed an executed agreement with the County Manager or designee stating that the owner/agent is aware that the Collier County Board of County Commissioners will not rezone the property described in the agricultural clearing permit for a period of 25 years from the date of approval of the agricultural clearing permit by the County Manager or designee, unless for any such conversions in less than 25 years, the converted land shall be restored with native vegetation to the degree required by the LDC. vii. Permit Fees. The agricultural clearing permit applications shall be charged a review fee as established by resolution by the Board. b. Criteria for review of the application. The following criteria shall be utilized by staff in reviewing an application for issuance of an agricultural clearing permit: i. An on-site inspection has been made by staff, if indicated. ii. Environmental impacts, including wetlands and protected wildlife species habitat(s) shall have been addressed in accordance with the requirements of the 5 of25 10/8/2021, 8:38 AM Collier County, FL Land Development Code about:blank Conservation and Coastal Management Element of the Collier County Growth Management Plan and the LDC, as may be amended from time to time. iii. Additional data and/or information required by the County to address environmental impacts shall be submitted by the applicant . iv. The proposed use is consistent with the zoning district. v. The proposed use is a bona fide agricultural use. vi. The applicant has signed an executed agreement pursuant to 10.02.06 C.1.a.v. above. c. Renewal of agricultural clearing permit. An approved agricultural clearing permit is valid for 5 years and may be automatically renewed for 5-year periods providing that a notification in writing is forwarded to the County Manager or designee at least 30 but no more than 180 days prior to the expiration of the existing permit and providing that the property has been actively engaged in a bona fide agricultural activity. Such notification shall state that the applicant is in compliance with any and all conditions and/or stipulations of the permit. A violation of permit conditions shall be cause to void the agricultural clearing permit. Applicants failing to provide notification as specified herein shall be required to submit a new application for an agricultural clearing permit. d. Exemptions for agricultural clearing permit. i. An agricultural clearing permit is not required for operations holding a permit under Ordinance No. 76-42 and that can demonstrate that an approved bona fide agricultural activity was in existence within 2 years of the permit issuance date, or that a bona fide agricultural activity was in existence before the effective date of Ordinance No. 76-42. A demonstration for exemption may include agricultural classification records from the Property Appraiser's Office; dated aerial photographs; occupational license for agricultural operation; or other information which positively establishes the commencement date and the particular location of the agricultural operation. ii. Upon issuance of an agricultural clearing permit or as exempted above, activities necessary for the ongoing bona fide agricultural use and maintenance are exempt from obtaining additional agricultural clearing permits for that parcel , if the intent, use, and scope of said activities continue to comply with the ongoing agricultural clearing permit or exemption. Ongoing bona fide agricultural activities that qualify for this exemption as described in this section may include but are not limited to clearing for, around or in dikes, ditches, canals, reservoirs, swales, pump stations, or pens; removal of new growth, such as shrubs or trees, from areas previously 6 of 25 10/8/2021, 8:38 AM Collier County, FL Land Development Code about:blank permitted or exempted from this section; fire line maintenance; approved wildlife food plots; or other activities similar in nature to the foregoing. iii. Fences, buildings , and structures that require a building permit shall be exempt from an agricultural clearing permit but must obtain a vegetation removal permit. iv. No agricultural clearing permit shall be required for protected vegetation that is dead, dying or damaged beyond saving due to natural causes also known as acts of God provided that: (a) The County Manager or designee is notified in writing within 2 business days prior to such removal and the County makes no objection within said 2 business days; (b) The tree is not a specimen tree; (c) The vegetation is not within an area required to be preserved as a result of a required preservation, mitigation, or restoration program; (d) The parcel is currently engaged in bona fide agriculture, as defined by the LDC; (e) No agricultural clearing permit shall be required for the removal of any vegetation planted by a farmer or rancher which was not planted as a result of a zoning regulation or a required mitigation or restoration program. 2. Agricultural clearing notice. No later than 60 days prior to vegetation removal as part of agricultural operations that fall within the scope of F.S. §§ 163.3162(4) or 823.14(6), the property owner shall provide notice to the County Manager or designee that the removal will occur. a. The Administrative Code shall establish the submittal requirements for the agricultural clearing notice, including the following: i. A signed agreement acknowledging the 25-year prohibition on the creation of TDR credits from land cleared for agricultural operations after June 19, 2002, as set forth in LDC section 2.03.07; and ii. If the land is outside the RLSA, a signed agreement acknowledging that, if the land being cleared for agricultural operations is converted to a non-agricultural uses within 25 years after the clearing occurs, the property shall become subject to the requirements of LDC section 3.05.07, as provided in LDC section 3.05.02. b. Permit fees. The agricultural clearing notice application shall be charged a review fee as established by resolution by the Board. D. Enforcement and penalties. 1. Fines. 7 of25 10/8/2021, 8:38 AM Collier County, FL Land Development Code about:blank a. The failure of a property owner or any other person to obtain an approved permit as required in this section shall constitute a misdemeanor and each protected living, woody plant, constituting protective vegetation, removed in violation of this Code shall constitute a separate and distinct offense and upon conviction shall be punished by a fine not to exceed $500.00 per violation or by imprisonment in the county jail not to exceed 60 days, or by both such fine and imprisonment. In addition to or in lieu of the penalties provided by general law for violation of ordinances, the Board of County Commissioners may bring injunctive action to enjoin the removal of vegetation in violation of this Code. Removal of vegetation with a bald eagle nest shall be subject to a fine of up to five thousand dollars ($5,000.00) per bald eagle nest. Each nest, eagle, chick and egg using the nest that is removed, shall also constitute a separate and distinct offense and shall be subject to separate and individual fines of up to five thousand dollars ($5,000.00) each or maximum permitted by law, which ever is greater. b. The failure of a property owner or any other person, who obtains an agricultural clearing permit or provides notice of agricultural clearing pursuant to Section 10.02.06 C., to put the subject premises into a bona fide agricultural use shall constitute a misdemeanor and each protected living, woody plant, constituting protective vegetation, removed in violation of this Code shall constitute a separate and distinct offense and upon conviction shall be punished by a fine not to exceed $500.00 per violation or by imprisonment in the county jail not to exceed 60 days, or by both such fine and imprisonment. In addition to or in lieu of the penalties provided by general law for violation of ordinances, the Board of County Commissioners may bring injunctive action to enjoin the removal of vegetation in violation of this Code. 2. Restoration standards. If an alleged violation of this Code has occurred and upon agreement between the County Manager or designee and the violator, or if they cannot agree, then, upon conviction by the court or the code enforcement board, in addition to any fine imposed, a restoration plan shall be ordered in accordance with the following standards: a. The restoration plan shall include the following minimum planting standards: i. In the successful replacement of trees illegally removed, replacement trees shall be of sufficient size and quantity to replace the dbh inches removed. Dbh is defined for the purposes of this ordinance as diameter of the tree, measured at a height of 4.5 feet above natural grade . ii. Each replacement tree shall be Florida grade No. 1 or better as graded by the 8 of25 10/8/2021, 8:38 AM Collier County, FL Land Development Code about:blank Florida department of agriculture and consumer service. iii. Replacement vegetation shall meet the following criteria, at time of planting: a) Plant material used to meet the minimum landscape requirements shall be in accordance with 4.06.05. b) Plant material used to meet the requirements for littoral shelf planting areas shall be in accordance with 3.05.10. c) Environmental restoration within County required preserves shall be in accordance with 3.05.07 H. d) Environmental restoration, other than in County required preserves, shall be in accordance with State and Federal agency enforcement or permit conditions. Where such requirements are not enforced or project not permitted by these agencies, the following minimum sizes shall apply: one gallon or liner ground covers, three gallon shrubs and four foot high trees. Ground covers in aquatic environments may be planted as bare root plants. Mangroves may be two foot high at time of planting. e) Natural recruitment of native vegetation similar to or compatible with native vegetation on site will be accepted. iv. Replacement trees shall have a guarantee of 80 percent survivability for a period of no less than 3 years. A maintenance provision of no less than 3 years must be provided in the restoration plan to control invasion of exotic vegetation (those species defined as exotic vegetation by the Collier County Land Development Code). v. It shall be at the discretion of the County Manager or designee to allow for any deviation from the above specified criteria. b. In the event that identification of the species of trees is impossible for any reason on the property where protected trees were unlawfully removed, it shall be presumed that the removed trees were of a similar species mix as those found on adjacent properties. c. The selection of plants shall be based on the characteristics of the Florida Department of Transportation, Florida Land Use, Cover and Forms Classification System (FLUCFCS) code. Shrubs, ground cover, and grasses shall be restored as delineated in the FLUCFCS Code. The species utilized shall be with relative proportions characteristic of those in the FLUCFCS Code. The exact number and type of species required may also be based upon the existing indigenous vegetation on the adjacent property at the discretion of the County Manager or designee. 9 of25 10/8/2021, 8:38 AM Collier County,FL Land Development Code about:blank d. If the unlawful removal of trees has caused any change in hydrology, ground elevations or surface water flows, then the hydrology, ground elevation or surface water flows shall be restored to pre-violation conditions. e. In the event of impending development on property where protected trees were unlawfully removed, the restoration plan shall indicate the location of the replacement stock consistent with any approved plans for subsequent development . For the purposes of this ordinance, impending development shall mean that a developer has made application for a development order or has applied for a building permit. f. The County Manager or his designee may, at his discretion, allow the replacement stock to be planted off-site where impending development displaces areas to be restored. In such situations, off-site plantings shall be on lands under the control of a public land and/or agency. The off-site location shall be subject to the approval of the County Manager or his designee. g. The donation of land and/or of funds under the control of a public agency may be made if none of the above are viable alternatives. This donation of land and/or funds shall be equal to or greater than the total sum it would cost to restore the area in which the violation occurred. (Preservation of different contiguous habitats is to be encouraged.) 3. Corrective measures for environmental violations. a. Mitigation. i. The person(s) responsible for violations of the environmental sections of the Land Development Code shall be notified according to section 8.08.00 and shall have 30 days to prepare a mitigation plan that is acceptable to the county to resolve the violation. The mitigation plan shall be submitted to development services staff for review and comment. Once the plan is accepted by development services, the responsible party shall have 15 days to complete the mitigation unless other arrangements are specified and agreed upon in the mitigation plan. ii. Mitigation shall restore the area disturbed unless the responsible party demonstrates that off-site mitigation will successfully offset the impacts being mitigated for. Off-site mitigation shall be on lands under the control of a public agency, or identified for public acquisition, or on lands protected from future development . Ratios for off-site mitigation shall be as follows: 2 to 1 for uplands and 3 to 1 for wetlands . iii. The selection of plants to be used shall be based on the characteristics of the Florida Department of Transportation, Florida Land Use, Cover and Forms 10 of25 10/8/2021, 8:38 AM Collier County, FL Land Development Code about:blank Classification System (FLUCFCS) Code. The exact number and type of species required may vary depending on the existing indigenous vegetation found at the site. iv. If only trees were removed and the understory vegetation was not disturbed, then replacement of the dbh ( diameter at breast height ) in inches removed shall be required. v. If the violation has caused any change in hydrology, ground elevations or surface water flows, then the hydrology, ground elevation or surface water flows shall be restored to pre-violation conditions. vi. If the violation consists of clearing of residential, single-family(RSF), village residential (VR) or estates (E) or other non agricultural, non commercially zoned land in which single-family lots have been subdivided for single-family use only, and 1 acre or less of land is being cleared by the property owners themselves in advance of issuance of building permit, the County Manager or his designee may, in lieu of restoration or donation, impose a penalty fee in the amount equal to double the cost of a typical building permit. b. Requirements for a mitigation plan. i. A copy of the deed, contract for sale or agreement for sale or a notarized statement of ownership clearly demonstrating ownership and control of the subject lot or parcel of land, or permission from the landowner to mitigate on his or her site shall be provided. ii. The mitigation plan shall be prepared by a person who meets or exceeds the credentials specified in section 3.05.07 H or Chapter 7 of the Administrative Code, unless waived by the County Manager or designee. iii. The preparer's name, address and telephone number shall be included on the plan. iv. A north arrow, scale, and date shall be required on the plan. v. Existing vegetation areas shall be shown. vi. The proposed planting areas shall be clearly defined. vii. The plan shall denote the number and location of each plant to be planted, or for the case of ground covers, show them in groupings. Large mitigation areas may be designated by a more simplified method. viii. All plants proposed shall be denoted by genus, species, and the common name. ix. II of25 10/8/202I, 8:38 AM Collier County, FL Land Development Code about:blank The plan shall identify what is adjacent to the mitigation areas, i.e. existing forest(provide type), farm, natural buffer area, lake, etc. c. Site-specific review criteria. i. All plants used for mitigation shall be native Florida species. ii. Plant materials used to meet minimum landscape requirements of the LDC shall conform to the plant specifications in 4.06.05. iii. The plants proposed for planting must be temperature tolerant to the areas they are to be planted in. The Florida-Friendly Landscaping Guide to Plant Selection & Landscape Design shall be used in determining the temperature tolerances of the plants. iv. The existing soil types shall be identified. Plants proposed for planting shall be compatible with the soil type. The 1954 or the 1992 soil survey of Collier County shall be used to determine if the plants proposed for planting are compatible with the existing or proposed soil types. v. The source and method of providing water to the plants shall be indicated on the plan and subject to review and approval. vi. A program to control prohibited exotic vegetation (section 3.05.08) in the mitigation area shall be required. d. County review of mitigation plan. i. The County Manager or designee will review the plan based on, but not limited to, the preceding requirements within 15 days. Additional relevant information may be required when requested. ii. Should the county reject the mitigation plan, the reasons will be provided so the applicant can correct the plan and resubmit for county review. e. Monitoring and replanting. i. A monitoring program shall be required that would determine the survivability by species of the plants used in the mitigation effort. A time zero monitoring report with photographs shall be submitted within 30 days of replanting. At the option of the respondent, two follow-up monitoring reports may be submitted at one-year intervals, starting one year after submittal of the time zero monitoring report, to document condition and survivability of mitigation plantings. If annual monitoring reports are submitted, they must document on-site conditions within one month prior to the anniversary/due date for the re-inspection. Success shall be verified by the County Manager or designee. ii. An eighty percent survival by species shall be required for a two-year period, 12 of 25 10/8/2021, 8:38 AM Collier County, FL Land Development Code about:blank starting at time of submittal of the time zero monitoring report, unless other arrangements are specified and agreed upon in the mitigation plan. Replanting shall be required each year if the mortality exceeds 20 percent of the total number of each species in the mitigation plan. Should the County Manager or designee determine the need for an extended monitoring schedule, monitoring may continue until at least an eighty percent survival of required planting(s) has been attained. iii. The soil and hydrological conditions for some mitigation areas may favor some of the plants and preclude others. Should the county and/or consultant find that over time, some of the species planted simply don't adjust, the mitigation plan shall be reevaluated by both the consultant and the county, and a revised plan will be instituted. This condition shall not apply to all mitigation areas and each case will be evaluated individually, based on the supported [supporting] data submitted by the mitigator. iv. Should there be a change in ownership of the property identified in the approved mitigation plan, the seller will be responsible for notifying the buyer of the mitigation plan and any requirements pursuant to the plan. f. Donation of land or funds. The donation of land and/or funds to a public agency may be made if none of the above are viable alternatives. This donation of land and/or funds shall be equal to or greater than the total sum it would cost to mitigate for the violation according to section 10.02.06 D.3.a. including consulting fees for design, and monitoring, installation costs, vegetation costs, earth moving costs, irrigation costs, replanting and exotic removal. 4. Appeal from enforcement. Any person who feels aggrieved by the application of this section, may file, within 30 days after said grievance, a petition with the County Manager or designee, to have the case reviewed by the Collier County Board of County Commissioners. 5. Suspension of permit requirement. The Board of County Commissioners may, by emergency resolution, suspend the permit requirement for vegetation removal in the aftermath of a natural disaster, such as a hurricane, when the following conditions are met and contained in the resolution: a. The suspension is for a defined period of time not to exceed 30 days or as otherwise set by the Board of County Commissioners. b. The vegetation removal is necessitated by disaster related damage. c. The suspension is not applicable to vegetation within habitats containing listed species (as regulated in section 3.04.00). 13 of 25 10/8/2021, 8:38 AM Collier County,FL Land Development Code about:blank 6. Existing Code Enforcement cases. The requirements of 10.02.06 D.2.a.iii and 10.02.06 D.3.e.i shall not apply to existing Code Enforcement cases with plans/orders approved prior to October 3, 2012, unless the respondent elects to use the new criteria. E. Wellfield conditional use permit and standards. 1. Petition. a. Owners/operators of a proposed regulated development for which a wellfield conditional use permit will be required to locate the proposed regulated development within any zone, may petition the board for a wellfield conditional use permit exempting the development from the prohibitions set forth in section 3.06.12 hereof, as provided in this section. b. Owners/operators shall submit the application for wellfield conditional use permit to the County Manager on forms prepared by the department. 2. Criteria. a. The owner/operator shall demonstrate by the preponderance of substantial competent evidence that: i. The development has or can satisfy all requirements for a certificate to operate; ii. Special or unusual circumstances exist which are peculiar to the particular development which are different than any other regulated development ; iii. Adequate technology exists which will isolate the development from the surficial and intermediate aquifer systems; or iv. Site-specific hydrogeologic data provides reasonable assurances that the existing water quality in surficial and intermediate aquifer systems will not be degraded as a result of the development . 3. Conditions of wellfield conditional use permit. a. In granting the wellfield conditional use permit, the board may prescribe any additional conditions and safeguards which it deems necessary to protect the existing well(s), future identified well(s) or future potable water supply resources. b. The wellfield conditional use permit shall incorporate a certificate to operate, which must be renewed or transferred in the same manner as any other certificate to operate as provided in section 10.04.01 B. hereof. 4. Prohibited wellfield conditional use permits. a. No wellfield conditional use permit may be construed or otherwise interpreted to legalize a regulated development existing on the effective date of this section [November 13, 1991], which is not in compliance with applicable local, state or federal 14 of25 10/8/2021, 8:38 AM Collier County, FL Land Development Code about:blank law or regulations. No wellfield conditional use permit or other approval under this section shall be knowingly granted to an existing regulated development which is not in compliance with all other applicable local, State or Federal law or regulations. 5. Administrative review of wellfield conditional use permit petition. a. The County Manager shall review the petition for wellfield conditional use permit for compliance with sections 3.06.12 and 3.06.13 of this Code in the same procedural manner as for a certificate to operate. b. If the petition is found not to be in compliance, the County Manager shall advise the owner/operator of the noted deficiencies or required information by certified mail return receipt requested to the address listed in the petition. c. Upon a determination by the County Manager that the petition is in compliance, or upon receipt of written notice from the petitioner that the petition should be processed as is, the County Manager shall render a written recommendation for approval, approval with conditions, or denial of the wellfield conditional use permit. 6. Approval by the board. a. Wellfield conditional use permits which authorize development prohibited in the wellfield risk management special treatment protection overlay zones, are subject to careful review and shall include public notice and hearing as set forth in section 10.04.11 A. hereof. b. All petitions for wellfield conditional use permits shall be heard by the board as provided in section 10.04.11 A. hereof. 7. Wellfield conditional use permit for public or quasipublic development . a. The board, after public hearing, may find that certain existing or proposed public or quasipublic regulated development is exempted from compliance with this section and may issue a wellfield conditional use permit upon finding that: i. The public benefit to be realized by the proposed or existing regulated development outweighs the purpose of this section; and ii. The proposed or existing regulated development cannot, for economic or scientific reasons, be relocated elsewhere. b. The scope of any wellfield conditional use permit granted under this section shall be narrow to avoid derogation of the purpose of this section and the board may impose special conditions of approval to ensure implementation of the intent of the same. c. Petitions shall be processed, approved, approved with conditions or denied as any other wellfield conditional use as provided in section 10.02.06 E. hereof. 15 of25 10/8/2021, 8:38 AM Collier County, FL Land Development Code about:blank F. Temporary Use Permit Requirements. See LDC section 5.04.01 for temporary use permit classifications and restrictions. 1. The Administrative Code shall establish the procedures and application submittal requirements for temporary use permits. G. Coastal Construction Setback Line Permits. Except as exempted in subsection 4 below, the following activities seaward of the Coastal Construction Setback Line shall require either a 1) Coastal Construction Setback Line (CCSL) permit; 2) Site Development Plans, Site Improvement Plans and Amendments thereof pursuant to LDC section 10.02.03; or 3) Construction Plans and Final Subdivision Plat (PPL) pursuant to LDC section 10.02.04. The appropriate fee as set by county resolution shall be submitted with permit application. All required Federal, State, and County permits shall be obtained prior to commencement of construction. 1. Construction of a dune walkover when the following criteria have been met. a. A maximum width of 6 feet. b. A minimum separation of 200 feet between walkovers when 2 or more walkovers are proposed on a single parcel . 2. Creation, restoration, re-vegetation or repair of the dune or other natural area seaward of the CCSL on an individual parcel of land, when the following criteria have been met. a. Sand used must be compatible in color and grain size to existing sand subject to FDEP requirements. b. Plants utilized shall be 100 percent native coastal species. c. Restoration plans shall be designed by an individual with expertise in the area of environmental sciences, natural resource management or landscape architecture. Academic credentials shall be a bachelors or higher degree. Professional experience may be substituted for academic credentials on a year for year basis, provided at least 2 years professional experience are in the State of Florida. 3. The Administrative Code shall establish the procedures and application submittal requirements for obtaining a Coastal Construction Setback Line permit. 4. Exemptions from CCSL permit. The following activities shall not require a CCSL permit. All required Federal, State, and County permits shall be obtained prior to commencement of construction. a. Certain activities approved by the BCC that may alter ground elevations such as artificial beach nourishment projects or excavation or maintenance dredging of inlet channels. b. Implementation of Federal, State, or County approved preserve or listed species management plans on publically owned land designated as parks, preserves, or 16 of25 10/8/2021, 8:38 AM Collier County, FL Land Development Code about:blank mitigation areas. c. Implementation of County approved preserve or listed species management plans on privately owned land pursuant to LDC section 3.05.07 H. d. Hand removal of prohibited exotic and non-native vegetation in accordance with LDC sections 3.05.02 G. 5. All other activities seaward of the CCSL shall require a variance, pursuant to LDC section 9.04.06. 6. Penalty and civil remedies. a. Penalty for a violation of section 9.04.06 Notwithstanding the penalties set forth elsewhere in the LDC, the following violations of section 9.04.06 H., which occur during sea turtle nesting season: i. Setting up of any structures , prior to daily sea turtle monitoring, 2)failing to remove all structures from the beach by 9:30 p.m., or 3) failing to have lights, so required, turned off by 9:00 pm., are subject to the following penalties: (a) First violation: Up to $1,000.00 fine. (b) Second violation: $2,500.00 fine. (c) Third or more violation: $5,000.00 fine. ii. Beach front property owners who leave beach furniture unattended on the beach between 9:30 pm and the time of the next day's sea turtle monitoring, are subject to the following penalties: (a) First violation: Written notice of ordinance violation. (b) Second violation: Up to $1,000.00 fine. (c) Third violation: $2,500.00 fine. (d) More than 3 violations: $5,000.00 fine. H. Vehicle on the beach regulations. 1. Unlawful to drive on sand dunes or beach or to disturb sand dune . It shall be unlawful: a. To operate or cause to be operated a hand-, animal-, or engine-driven wheel, track or other vehicle or implement on, over or across any part of the sand dunes , hill or ridge nearest the gulf, or the vegetation growing thereon or seaward thereof, or to operate or drive such a vehicle on the area seaward thereof, commonly referred to as the beach . b. To alter or cause to be altered any sand dune or the vegetation growing thereon or seaward thereof; make any excavation, remove any material, trees, grass or other vegetation or otherwise alter existing ground elevations or condition of such dune 17 of 25 10/8/2021, 8:38 AM Collier County, FL Land Development Code about:blank without first securing a permit as provided for in the LDC. 2. Exceptions; permit. All permits to allow operation of vehicles on county beaches shall be subject to the following. During sea turtle nesting season, May 1 through October 31, of each year, all permits shall be subject to section 10.02.06 H.3 below. Permits issued in accordance with this section shall be valid for the time the vehicle is used for its permitted function and shall be prominently displayed on the windshield of such vehicle and kept with the vehicle and be available for inspection. Permits issued for construction vehicles engaged in beach nourishment, inlet maintenance, and general construction activities shall expire on April 30 of each year, to coincide with the beginning of sea turtle nesting season. Vehicle on the beach permits are not transferable. a. Sheriff, City, State and Federal police, emergency services, Florida Fish and Wildlife Conservation Commission vehicles operated or authorized by officers of these departments operating under orders in the normal course of their duties, and government entities responding to emergency situations, shall be exempt from the provisions of this section. b. Vehicles which must travel on the beaches in connection with environmental maintenance, conservation, environmental work, and/or for purposes allowed by Collier County Ordinance No. 89-16, providing that the vehicle(s) associated with the 1.- permitted uses of Collier County Ordinance No. 89-16 remain stationary, except to access and egress the beach , shall be exempt from the provisions of this section if a permit has been obtained from the County Manager or designee. The procedure for obtaining such a permit shall be by application on the form prescribed by Collier County stating the reason or reasons why it is necessary for such vehicle or vehicles to be operated on the beaches in connection with an environmental maintenance, conservation, environmental purpose and/or for purposes allowed by Collier County Ordinance No. 89-16, taking into consideration the vehicular use restriction previously stated as a criterion for an exception, and if the County Manager or designee is satisfied that a lawful and proper environmental maintenance, conservation, environmental purpose and/or purpose as described above and allowed by Collier County Ordinance No. 89-16 will be served thereby. All permits issued are subject to the following conditions and limitations: i. All vehicles shall be equipped with tires having a maximum ground-to-tire pressure of ten PSI (pounds per square inch), as established by the Standard PSI Formula provided below. Calculations for tire pressure using the standard formula shall be — included with each permit application. PSI =Vehicle weight (Ibs) + equipment(including maximum debris load for beach 18 of25 10/8/2021, 8:38 AM Collier County, FL Land Development Code about:blank raking equipment and rider weight(lbs)/total tire footprint(square inches) c. Baby buggies(perambulators), toy vehicles, toy wagons, wheelchairs or similar devices to aid disabled or non-ambulatory persons and hand pulled or pushed carts/dollies/hand trucks or similar type equipment for personal use shall be exempt from the provisions of this section. d. Vehicle-on-the- beach permits issued in conjunction with special or annual beach events, in conjunction with permanent concession facilities, or for other routine functions associated with permitted uses of commercial hotel property. Vehicles which are used in conjunction with functions on the beach , are exempt from the provisions of this section if a vehicle-on the- beach permit has been granted by the County Manager or designee. All permits issued are subject to the following conditions and limitations: i. The use of vehicles shall be limited to set-up and removal of equipment for the permitted function. ii. Said permits shall be prominently displayed on the vehicle and kept with the vehicle and available for inspection. iii. The types of vehicles permitted for this use may include ATVs, non-motorized handcarts or dollies, and small utility wagons, which may be pulled behind the ATVs. iv. All vehicles shall be equipped with tires having a maximum ground-to-tire pressure of ten PSI (pounds per square inch), as established by the Standard PSI Formula. Calculations for tire pressure using the standard formula shall be included with each permit application. v. Permits shall only be issued for ATVs when the County Manager or designee has determined that: 1) evidence has been provided that there is a need to move equipment, which, due to the excessive weigh and distance of equal to or greater than 200 feet, would be prohibitive in nature to move with, push carts or dollies; or 2) a limited designated work area has been established at the foot of the dune walkover for loading and unloading and the ATV use is restricted to that limited identified area. vi. When not in use all vehicles shall be stored off the beach . vii. During sea turtle nesting season, the following shall apply: 1) no vehicle may be used on the beach until after completion of daily sea turtle monitoring conducted by personnel with prior experience and training in nest surveys procedures and possessing a valid Fish and Wildlife Conservation Commission Marine Turtle 19 of25 10/8/2021, 8:38 AM Collier County, FL Land Development Code about:blank Permit; 2)there shall be no use of vehicles for set up of chairs or hotel or commercial beach equipment, etc. until after the beach has been monitored; 3) one ingress/egress corridor onto and over the beach , perpendicular to the shoreline from the owner's property, shall be designated by the County Manager or designee; additional corridors may be approved when appropriate and necessary as determined by the County Manager or designee; a staging area may be approved for large events as determined by the County Manager or designee and 4) except for designated corridors, all motorized vehicles shall be operated below the mean high water line (MHW), as generally evidenced by the previous high tide mark. If at anytime the County Manager or designee determines that the designated corridor may cause adverse impacts to the beach , nesting sea turtles, or the ability of hatchlings to traverse the beach to the water, an alternative corridor shall be designated. If no alternative is available, as determined by the County Manager or designee, the vehicle-on-the- beach permit may be suspended for the remaining period of the sea turtle season. viii. These vehicles may not be used for transportation of people or equipment throughout the day. The permit shall designate a limited time for equipment set up and for the removal of the equipment at the end of the day. e. Permit for construction (excluding beach re-nourishment and maintenance activities). Prior to beginning construction in proximity to a sand dune for any purpose whatsoever, including conservation, a temporary protective fence shall be installed a minimum of ten feet landward of the dune . It shall be unlawful to cause or allow construction and related activity seaward of such fence. Each permit for work shall clearly indicate the provisions of this Code and the protective measures to be taken and shall be subject to the provisions of section 10.02.06 H.3. f. Beach raking and mechanical beach cleaning. i. Beach raking and mechanical beach cleaning shall be prohibited on undeveloped coastal barriers unless a state permit is obtained. ii. Beach raking and mechanical beach cleaning must comply with the provisions of section 10.02.06 H. of this Chapter. iii. Beach raking and mechanical beach cleaning shall not interfere with sea turtle nesting, shall preserve or replace any native vegetation on the site, and shall maintain the natural existing beach profile and minimize interference with the natural beach dynamics and function. iv. Beach raking and mechanical cleaning shall not occur below MHW on the wet sand area of beach which is covered by high tide and which remains wet during low tide. 20 of25 10/8/2021, 8:38 AM Collier County, FL Land Development Code about:blank Beach raking and mechanical beach cleaning shall not operate or drive within 15 feet of dune vegetation and endangered plant and animal communities, including sea turtle nests. Surface grooming equipment that does not penetrate the sand may operate or drive to within ten feet of dune vegetation and endangered plant and animal communities, including sea turtle nests. v. Beach raking and mechanical beach cleaning devices shall not disturb or penetrate beach sediments by more than the minimum depth necessary, not to exceed two inches, in order to avoid a potential increase in the rate of erosion. vi. Vehicles with greater than ten psi ground to tire pressure, shall not be used to conduct beach raking. Vehicles with less than ten psi ground to tire pressures, in conjunction with the attachment of a screen, harrow drag or other similar device used for smoothing may be used to conduct beach raking upon approval of the County Manager or designee. vii. Mechanical beach cleaning involving sand screening or a combination of raking and screening shall only be conducted on an "as needed" basis as determined by the County Manager or designee. Necessity will include when large accumulations of dead and dying sea-life or other debris remains concentrated on the wrack-line for a minimum of two tidal cycles following a storm event, red tide or other materials which represent a hazard to public health. g. Vehicles associated with beach nourishment and inlet maintenance. i. Heavy equipment used in conjunction with beach nourishment, inlet maintenance, to accomplish FDEP permit requirements, or other unusual circumstance as determined by the County Manager or designee, which cannot meet the standard PSI, will require compaction mitigation. Mitigation shall be accomplished by tilling to a depth of 36 inches or other FDEP approved methods of decreasing compaction. Beach tilling shall be accomplished prior to April 15 following construction and for the next two years should compaction evaluations exceed state requirements. ii. Utilization of equipment for the removal of scarps, as required by FDEP, shall be limited to an ingress/egress corridor and a zone parallel to the MHW. Scarp removal during sea turtle season shall have prior FDEP approval and coordinated through the FDEP, FWCC, the County Manager or designee, and the person possessing a valid Fish and Wildlife Conservation Commission Marine Turtle Permit for the area. iii. No tilling of the beaches shall occur during sea turtle nesting season. 21 of25 10/8/2021, 8:38 AM Collier County, FL Land Development Code about:blank 3. Operation of vehicles on the beach during marine turtle nesting season. The operation of motorized vehicles, including but not limited to self-propelled, wheeled, tracked, or belted conveyances, is prohibited on coastal beaches above mean high water during sea turtle nesting season, May 1 to October 31, of each year, except for purposes of law enforcement, emergency, or conservation of sea turtles, unless such vehicles have a valid permit issued pursuant to this section. Permits issued pursuant to this section are not intended to authorize any violation of F.S. § 370.12, or any of the provisions of the Endangered Species Act of 1973, as it may be amended. a. All vehicle use on the beach during sea turtle nesting season, May 1 to October 31, of each year must not begin before completion of monitoring conducted by personnel with prior experience and training in nest surveys procedures and possessing a valid Fish and Wildlife Conservation Commission Marine Turtle Permit. 4. Penalties. Notwithstanding the penalties set forth elsewhere in this Code, violations of this section are subject to the following penalties: a. Violations of section 10.02.06 H.2.f above which do not occur during sea turtle nesting season, i.e., occur outside of sea turtle nesting season, are subject to up to a $500.00 fine per violation. b. Minor infractions of section 10.02.06 H.2.f above which occur during sea turtle nesting �-- season are subject to up to a $500.00 fine per violation. Minor infractions are defined as any activity that will not cause immediate harm to sea turtles or their nesting activity; and include, but are not limited to, the following: 1) use of an unpermitted vehicle; 2)vehicles being operated: b a)without permit being available for inspection; or b)with improper tire pressure. c. Major infractions of section 10.02,06 H.2.f above which occur during sea turtle nesting season, are subject to the following penalties. Major infractions are defined as any activity that may cause immediate harm to sea turtles or their nesting activities; and include, but are not limited to, the following: 1) use of a vehicle prior to daily sea turtle monitoring, 2) use of a vehicle after 9:30 pm, or 3) use of a vehicle outside of a designated corridor. First violation:$1,000.00 fine and a suspension of permitted activities, including but not limited to: beach raking or mechanical cleaning activities, for 70 days or the balance of sea turtle nesting season, whichever is less. Second violation:$2,500.00 fine and a suspension of permitted activities, including but not limited to: beach raking or mechanical cleaning activities, for 70 days or the balance of sea turtle nesting season, whichever is less. 22 of 25 10/8/2021, 8:38 AM Collier County,FL Land Development Code about:blank Third or more violation:$5,000.00 fine and a suspension of permitted activities, including but not limited to: beach raking or mechanical cleaning activities, for 70 days or the balance of sea turtle nesting season, whichever is less. d. Violations of section 10,02.06 H., which do not occur during sea turtle nesting season, i.e., occur outside of sea turtle nesting season, are subject to up to a $500.00 fine per violation. e. Violations of sections 10.02.06 H. which occur during sea turtle nesting season are subject to the following penalties: Minor infractions are subject to up to a $500.00 fine per violation. Minor infractions are defined as any activity that will not cause an immediate harm to sea turtles or their nesting activity; and include, but are not limited to, the following: 1) use of an unpermitted vehicle; 2)vehicles being operated: a) with permit not available for inspection; or b)with improper tire pressure. I. Cultivated Tree Removal Permit. 1. Generally. A Cultivated Tree Removal Permit is required for the removal or relocation of any tree or palm that has been installed for landscaping and which is not a part of a preserve. Moving a tree from one location to another shall not be considered removal; however, a Cultivated Tree Removal permit shall be obtained. A maximum of 10 trees per 5 year period may be removed with a Cultivated Tree Removal Permit. Protected vegetation , other than that planted for landscaping, shall require a Vegetation Removal Permit; refer to LDC section 3.05.00. In no instance shall a site fall below the current minimum landscape code standard. 2. Applicability. The provisions of this section are applicable to all development unless otherwise specified in this section. 3. Exemptions: a. The removal of a prohibited exotic tree is exempt from obtaining a Cultivated Tree Removal Permit, unless the prohibited exotic tree is used to meet the minimum landscaping code requirements pursuant to a final local development order, prior to October 2, 2013. b. Single-family home sites are exempt from obtaining a Cultivated Tree Removal Permit. Single-family home sites shall maintain the minimum code landscaping requirements established in LDC section 4.06.05. 4. Criteria for removal of cultivated landscaping. The landscape architect may approve a Cultivated Tree Removal permit application based on the following criteria: 23 of 25 10/8/2021, 8:38 AM Collier County, FL Land Development Code about:blank a. A tree cannot be maintained by proper canopy, root pruning or root barriers and has become a safety hazard to pedestrian or vehicular traffic, utilities, or to an existing structure . b. A tree is growing too close in proximity to another tree(s)to permit normal growth and development of the affected tree(s). c. Other public health and safety circumstances as determined by the County landscape architect. 5. Application. The Administrative Code shall establish the application procedure and submittal requirements for obtaining a Cultivated Tree Removal permit. a. The County Manager or designee may require the site plan be prepared by a landscape architect registered in the State of Florida when the tree removal exceeds 10 trees. 6. Approval. The County Manager or designee shall approve, approve with conditions, or deny a Cultivated Tree Removal Permit. 7. Permit conditions. The Landscape Architect shall issue a Cultivated Tree Removal Permit when the applicant for such permit has agreed to fulfill one of the following conditions: a. That the minimum code required tree, if transplanted, shall be moved, established and maintained using proper arboricultural and horticultural practices and as outlined in LDC section 4.06.05. b. That the minimum code required tree(s), if destroyed, be substituted with an equivalent replacement or replacements, approved by the County Landscape Architect, planted on the site from which the destroyed tree(s)were removed. Sufficient space shall remain on the site allowing replacements to establish a mature canopy spread, based on usual growth characteristics. J. Zoning Verification Letter. 1. A zoning verification letter may be used to verify the zoning of a property according to the Collier County Zoning Map, the Future Land Use Map, and the Growth Management Plan and establish the following determinations. a. Generally. The County Manager or designee may issue a zoning verification letter that verifies the zoning of a property. Additional information may be requested about the subject property, including but not limited to the following: i. Allowable uses and development standards applicable to the property under the LDC; ii. Zoning of adjacent properties; iii. Confirmation of any site development plan , conditional use , or variance 24 of25 10/8/2021, 8:38 AM Collier County, FL Land Development Code about:blank approved for the property; and iv. The nonconforming status of the property. b. Comparable Use Determination. The County Manager or designee may issue a zoning verification letter to determine whether a use within a PUD is consistent and compatible with the surrounding uses within the PUD. To be effective, the zoning verification letter shall be approved by the BCC by resolution at an advertised public hearing. c. Non-residential Farm Building Exemption. The County Manager or designee, in coordination with the Collier County Building Official, may issue a zoning verification letter to establish that a non-residential farm building and/or fence is exempt from the Florida Building Code. However, the exemption applies to the structure and does not exempt the applicant from obtaining the necessary electrical, plumbing, mechanical, or gas permits for the structure . d. Administrative Fence Waiver. The County Manager or designee may issue a zoning verification letter to approve an administrative fence waiver under LDC section 5.03.02 F.5.a. 2. The Administrative Code shall establish the process and application submittal requirements to obtain a zoning verification letter. (Ord. No. 04-72, § 3.CC; Ord. No. 05-27, § 3.WW; Ord. No. 06-07, § 3.V; Ord. No. 07-67, § 3.V; Ord. No. 08-63, § 3.LL; Ord. No. 09-43, § 3.B; Ord. No. 10-23, § 3.RR; Ord. No. 12-38, § 3.HH; Ord. No. 13-56, § 3.NN; Ord. No. 15-44, § 3.K) 25 of25 10/8/2021, 8:38 AM Collier County, FL Land Development Code about:blank 10.03.06 - Public Notice and Required Hearings for Land Use Petitions This section shall establish the requirements for public hearings and public notices. This section shall be read in conjunction with LDC section 10.03.05 and Chapter 8 of the Administrative Code, which further establishes the public notice procedures for land use petitions. A. Ordinance or resolution that is initiated by County or a private entity which does not change the zoning atlas or actual list of uses in a zoning category but does affect the use of land, including, but not limited to, land development code regulations as defined in F.S. § 163.3202, regardless of the percentage of the land affected. This is commonly referred to as a LDC amendment. 1. The following advertised public hearings are required: a. One Planning Commission hearing. b. One BCC hearing. 2. The following notice procedures are required: a. Newspaper Advertisement prior to each advertised public hearing in accordance with F.S. § 125.66. B. Ordinance or resolution for a rezoning, a PUD amendment, or a conditional use . For minor conditional use notice requirements see 10.03.06 C, below and for County initiated rezonings, see 10.03.06 K.: 1. The following advertised public hearings are required: a. One Planning Commission hearing. b. One BCC or BZA hearing. 2. The following notice procedures are required: a. A NIM. See LDC section 10.03.05 A. b. Mailed Notice prior to the first advertised public hearing. c. Newspaper Advertisement prior to each advertised public hearing in accordance with F.S. § 125.66. d. Posting of a sign prior to the first advertised public hearing. e. For a rezoning or a PUD amendment the County shall notify by mail each owner within the area covered by the proposed ordinance or resolution of the time, place, and location of the public hearing before the BCC or BZA. C. Minor conditional use . 1. The following advertised public hearings are required: a. One Hearing Examiner hearing. If not heard by the Hearing Examiner, then pursuant to 1 of 9 10/8/2021, 8:46 AM Collier County, FL Land Development Code about:blank 10.03.06 B. 2. The following notice procedures are required: a. A NIM. See LDC section 10.03.05 A. b. Mailed Notice prior to the advertised public hearing. c. Newspaper Advertisement prior to the advertised public hearing. d. Posting of a sign prior to the advertised public hearing. D. PUD extension, conditional use extension, or conditional use re-review: 1. The following advertised public hearings are required: a. One BZA or Hearing Examiner hearing. 2. The following notice procedures are required: a. Mailed Notice prior to the advertised public hearing. b. Newspaper Advertisement prior to the advertised public hearing. c. Posting of a sign prior to the advertised public hearing. Signage is not required for a conditional use re-review. E. Ordinance or resolution for comprehensive plan amendments: 1. The following advertised public hearings are required: a. One or more Planning Commission hearings pursuant to F.S. Chapter 163. b. One or more BCC hearings pursuant to F.S. Chapter 163. 2. The following notice procedures are required: a. Small scale amendments: i. A NIM, which shall be held after the first set of staff review comments have been issued and prior to the Planning Commission hearing. ii. Mailed Notice prior to the advertised Planning Commission hearing. iii. Newspaper Advertisement prior to each advertised public hearing. iv. Posting of a sign prior to the advertised Planning Commission hearing. v. Mailed Notice shall be sent to each real property owner within the area covered by the proposed plan amendment prior to the advertised BCC public hearing. b. Regular scale amendments: i. A NIM, which shall be held after the first set of staff review comments have been issued and prior to the Planning Commission adoption hearing for a site specific amendment. ii. 2 of 9 10/8/2021, 8:46 AM Collier County, FL Land Development Code about:blank Mailed Notice prior to the advertised Planning Commission hearing for a site specific amendment. iii. Newspaper Advertisement prior to each advertised public hearing. iv. Posting of a sign prior to the advertised Planning Commission hearing for a site specific amendment. v. Mailed Notice shall be sent to each real property owner within the area covered by the proposed plan amendment prior to the advertised BCC public hearing. F. Variance, pursuant to LDC section 9.04.02 or a sign variance, pursuant to LDC section 5.06.08: 1. The following advertised public hearings are required: a. One Planning Commission or Hearing Examiner hearing. b. If heard by the Planning Commission, one BZA hearing. 2. The following notice procedures are required: a. An Agent Letter shall be sent to property owners within 150 feet of the area covered by the petition following the initial staff review comments and prior to the resubmittal of the petition to the County. b. Mailed Notice prior to the advertised public hearing. c. Newspaper Advertisement prior to each advertised public hearing. d. Posting of a sign prior to the first advertised public hearing. G. Parking exemption, pursuant to LDC section 4.05.02 K.3: 1. The following advertised public hearing is required: a. One Planning Commission or Hearing Examiner hearing. b. If heard by the Planning Commission, one BZA hearing. 2. The following notice procedures are required: a. An Agent Letter shall be sent to property owners within 150 feet of the area covered by the petition following the initial staff review comments and prior to resubmittal of the petition to the County. b. Mailed Notice prior to each advertised public hearing. . c. Newspaper Advertisement prior to the advertised public hearing. d. Posting of a sign prior to the first advertised public hearing. H. PUD Insubstantial Change (PDI) or Boat Dock Facility Extension, Boathouse Establishment, or Boat Dock Canopy Deviation: 1. The following advertised public hearings are required: a. One Planning Commission or Hearing Examiner hearing. 2. The following notice procedures are required: 3 of 9 10/8/2021, 8:46 AM Collier County, FL Land Development Code about:blank a. For a PDI, a NIM. See LDC section 10.03.05 A. However, upon written request by the applicant, the Hearing Examiner has the discretion to waive the NIM after the first set of staff review comments have been issued. b. Mailed Notice prior to the advertised public hearing. c. Newspaper Advertisement prior to the advertised public hearing. d. Posting of a sign prior to the advertised public hearing. I. Ordinance or resolution for the establishment, amendment to, or the abandonment of a Development of Regional Impact(DRI): 1. The following advertised public hearings are required: a. One Planning Commission hearing. b. One BCC hearing. 2. The following notice procedures are required: a. In accordance with F.S. § 380.06 and the Florida Administrative Code. J. Ordinance or resolution that is initiated by the BCC and will change the zoning map designation of less than 10 contiguous acres of land. This is commonly referred to as a rezone. 1. The following advertised public hearings are required: a. One Planning Commission hearing. b. One BCC hearing. 2. The following notice procedures are required: a. Mailed Notice prior to the first advertised public hearing. b. Newspaper Advertisement prior to each advertised public hearing. The advertisement for the Planning Commission hearing shall include a project location map. c. Posting of a sign prior to the first advertised public hearing. d. The County shall notify by mail each owner within the area covered by the proposed ordinance or resolution of the time, place, and location of the public hearings before the BCC. K. Ordinance or resolution that is initiated by the BCC and will change the zoning map designation of more than 10 contiguous acres of land or more or an ordinance or resolution that will change the actual list of permitted, conditional, or prohibited uses of land within a zoning category. This is commonly referred to as a rezone or LDC amendment: 1. The following advertised public hearings are required: a. At least one Planning Commission hearing. The Planning Commission may elect by a majority decision to hear such ordinance or resolution at two public hearings. If there 4 of 9 10/8/2021, 8:46 AM Collier County, FL Land Development Code about:blank is only one Planning Commission hearing, the hearing shall be held after 5:00 p.m. on a weekday, and if there are two Planning Commission hearings, then at least one of the hearings shall be held after 5:00 p.m. on a weekday. b. At least two BCC hearings. At least one hearing shall be held after 5:00 p.m. on a weekday, unless the BCC by a majority vote plus one vote elects to conduct that hearing at another time of day. 2. The following notice procedures are required: a. Newspaper Advertisement prior to Planning Commission hearing including a project location map. i. The first Planning Commission hearing shall be held approximately seven days after the day that the first advertisement is published. The second hearing will be held approximately two weeks after the first hearing and shall be advertised approximately five days prior to the public hearing. The day, time, and place of a second public hearing shall be announced at the first public hearing. b. Newspaper Advertisement prior to the BCC hearings in accordance with F.S § 125.66 (4) including a project location map. i. In lieu of the newspaper advertisement, the BCC may mail a written notice to property owners within the area covered by the proposed ordinance or resolution. The notice shall include the time, place and location of both the public hearings before the BCC. ii. The first BCC hearing shall be held at least seven days after the first advertisement is published. The second hearing shall be held at least ten days after the first hearing and shall be advertised at least five days prior to the public hearing. L. Ordinance or resolution for a Stewardship Sending Area (SSA) and SSA amendments: 1. The following advertised public hearings are required: a. One BCC hearing. 2. The following notice procedures are required: a. Newspaper Advertisement prior to the advertised public hearing pursuant to LDC section 4.08.06 E.1. M. Resolution or decision for a Stewardship Receiving Area (SRA) and SRA amendments. 1. The following advertised public hearings are required: a. SRA designation or SRA substantial change: i. One EAC hearing, if required. ii. One Planning Commission hearing. 5 of 9 10/8/2021, 8:46 AM Collier County, FL Land Development Code about:blank iii. One BCC hearing. b. SRA insubstantial change: i. One Planning Commission or Hearing Examiner hearing. ii. If heard by the Planning Commission, one BCC hearing. 2. The following notice procedures are required: a. SRA designation or SRA substantial change: i. A NIM. See LDC section 10.03.05 A. ii. Mailed Notice prior to the first advertised public hearing. iii. Newspaper Advertisement prior to each advertised public hearing in accordance with F.S. § 125.66. iv. Posting of a sign prior to the first advertised public hearing. v. Mailed Notice shall be sent to each real property owner within the area covered by the proposed application prior to the advertised BCC public hearing. b. SRA insubstantial change: i. A NIM. See LDC section 10.03.05 A. ii. Mailed Notice prior to the advertised public hearing. iii. Newspaper Advertisement prior to the advertised public hearing. iv. Posting of a sign prior to the advertised public hearing. v. Mailed Notice shall be sent to each real property owner within the area covered by the proposed application prior to the advertised public hearing. N. Ordinance or resolution for a mixed use project (MUP) located in the mixed use district overlay which seeks to utilize the Bonus Density Pool or request deviations exceeding administrative approval, pursuant to LDC section 10.02.15: 1. The following advertised public hearings are required: a. One Planning Commission hearing. b. One BCC hearing. 2. The following notice procedures are required. a. A NIM. See LDC section 10.03.05 A. b. Mailed Notice prior to the first advertised public hearing. c. Newspaper Advertisement prior to each advertised public hearing. d. Posting of a sign prior to the first advertised public hearing. O. 6 of 9 l0/8/2021, 8:46 AM Collier County, FL Land Development Code about:blank Affirmation or approval of a Zoning Verification Letter that allows a new use that is comparable, compatible, and consistent within a PUD. 1. The following advertised public hearings are required: a. One BCC or Hearing Examiner hearing. 2. The following notice procedures are required: a. Newspaper Advertisement prior to the advertised public hearing in accordance with F.S. § 125.66. P. Official Interpretations, pursuant to LDC section 1.06.00. 1. The following notice procedures are required for the interpretation of county wide application of the Growth Management Plan, Land Development Code and the building code: a. Newspaper Advertisement. 2. The following notice procedures are required for the interpretation affecting a specific parcel of land. a. Notification of affected property owner. Where a site specific official interpretation has been requested by a party other than the property owner, the County shall notify the property owner that an official interpretation has been requested. b. For site specific official interpretations, Mailed Notice shall be sent to property owners within 300 feet of the property lines of the land for which the interpretation is requested. c. Newspaper Advertisement. Q. Appeal of an Official Interpretation, pursuant to LDC section 1.06.00. 1. The following advertised public hearings are required: a. One BZA or Hearing Examiner hearing. 2. The following notice procedures are required: a. Newspaper Advertisement prior to the advertised public hearing in accordance with F.S. § 125.66. R. Site Plan with Deviations for Redevelopment, pursuant to LDC section 10.02.03 F. 1. The following advertised public hearings are required: a. One Planning Commission or Hearing Examiner hearing. b. If heard by the Planning Commission, one BZA hearing. 2. The following notice procedures are required: a. Newspaper Advertisement prior to the advertised public hearing in accordance with 7 of 9 10/8/2021, 8:46 AM Collier County, FL Land Development Code about:blank F.S. § 125.66. b. Mailed Notice prior to the advertised public hearing. S. Post Take Plan , pursuant to LDC section 9.03.07 D. 1. The following notice procedures are required: a. Mailed Notice. Additional Mailed Notice details are established in LDC 9.03.07 D.3.b. b. If a Planning Commission or Hearing Examiner hearing is required, a Newspaper Advertisement. 2. The following advertised public hearings may be required: a. If a written objection is received, one Planning Commission or Hearing Examiner hearing. T. Minor Change to a PUD to remove affordable housing contributions, pursuant to LDC section 10.02.13 E.3.c. 1. The following notice procedures are required: a. Mailed Notice, sent by the applicant. 2. The following advertised public hearings may be required: a. If a written objection is received, one BCC or Hearing Examiner hearing. U. Automobile Service Station Waiver pursuant to 5.05.05 and Alcohol Beverage Distance Waiver pursuant to 5.05.01. 1. The following advertised public hearings are required: a. One BZA or Hearing Examiner hearing. 2. The following notice procedures are required: a. For an Alcohol Beverage Distance Waiver, an Agent Letter shall be sent to property owners within 150 feet of the area covered by the petition following the initial staff review comments and prior to the second submittal. b. Newspaper Advertisement prior to the advertised public hearing. V. Nonconforming Use Change pursuant to 9.03.02 D and Nonconforming Use Alteration, pursuant to LDC section 9.03.03 B.S. 1. The following advertised public hearings are required: a. One Hearing Examiner or BZA hearing. 2. The following notice procedures are required: a. Mailed Notice prior to the advertised public hearing. b. Newspaper Advertisement prior to the advertised public hearing. c. Posting of a sign prior to the advertised public hearing. 8 of 9 l0/8/2021, 8:46 AM Collier County, FL Land Development Code about:blank W. Intent to Convert, pursuant to LDC section 5.05.15 C.1. 1. The following notice procedures are required: a. Mailed notice sent by the applicant after the Intent to Convert application has been reviewed and deemed satisfactory by staff to proceed to the mailed notice and Stakeholder Outreach Meetings, and at least 20 days prior to the first Stakeholder Outreach Meeting. For the purposes of this application, all mailed notices shall be sent to property owners within 1,000 feet of the property lines of the subject property. b. Posting of a sign after Intent to Convert application has been reviewed and deemed satisfactory by staff to proceed to the mailed notice and Stakeholder Outreach Meetings, and at least 20 days prior to the first Stakeholder Outreach Meeting. X. Stakeholder Outreach Meeting, pursuant to LDC section 5.05.15 C.3. 1. The following notice procedures are required: a. Newspaper advertisement at least 15 days prior to the Stakeholder Outreach Meeting. b. Mailed notice sent by the applicant at least 15 days prior to the required Stakeholder Outreach Meetings. For the purposes of this application, all mailed notices shall be sent to property owners within 1,000 feet of the property lines of the subject property. This mailed notice may include both required Stakeholder Outreach Meeting dates. All mailed notices shall include the web address to participate in the required web-based visual survey. Y. Compatibility Design Review, pursuant to LDC section 5.05.15 F. 1. The following advertised public hearings are required. a. One Planning Commission hearing. b. One BCC hearing. 2. The following notice procedures are required: a. Newspaper advertisement at least 15 days prior to the advertised public hearing. b. Mailed notice sent by the applicant at least 15 days prior to the required public hearings. For the purposes of this application, all mailed notices shall be sent to property owners within 1,000 feet of the property lines of the subject property. (Ord. No. 13-56, § 3.UU; Ord. No. 14-33, § 3.CC; Ord. No. 15-44, § 3.M; Ord. No. 17-10, § 3.E) 9 of 9 10/8/2021, 8:46 AM Collier County,FL Land Development Code about:blan 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 29 of 223 10/8/2021, 8:45 An Collier County, FL Land Development Code about:blank 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). 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) 30 of 223 10/8/2021, 8:45 AM Collier County, FL Land Development Code about:blank 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 F.S. § 400.402 and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to F.S. § 651 and ch. 4-193 F.A.C.; all subject to section 5.05.04. 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). 44. Loan brokers (6163). 45. Management services (8741 and 8742). 46. Mortgage bankers and loan correspondents (6162). 31 of 223 10/8/2021, 8:45 AM Collier County, FL Land Development Code about:blank 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). 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). 32 of 223 10/8/2021, 8:45 AM Collier County, FL Land Development Code about:blank 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 or professional use which is comparable in nature with the (C-1) list of permitted uses and consistent with the purpose and intent statement of the district as determined by the board of zoning appeals pursuant to section 10.08.00. 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. 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 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- 33 of 223 10/8/2021, 8:45 AM Collier County, FL Land Development Code about:blank 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 societies, 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; 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 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); xi. The mixed commercial/residential structure shall be designed to enhance 34 of 223 10/8/2021, 8:45 AM Collier County, FL Land Development Code about:bL 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 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 35 of 223 10/8/2021, 8:45 A Collier County, FL Land Development Code about:blank 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 kenneling). 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). 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, liquidation 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, salvaging of damaged merchandise, scrap steel cutting and slitting, 36 of 223 10/8/2021, 8:45 AM Collier County, FL Land Development Code about:blank 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 . 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 F.S. 37 of 223 10/8/2021, 8:45 AM Collier County, FL Land Development Code about:blank § 400.402 and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to F.S. § 651 and ch. 4-193 F.A.C.; all subject to 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). 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). 38 of 223 10/8/2021, 8:45 AM Collier County, FL Land Development Code about:blank 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 . 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). 39 of 223 10/8/2021, 8:45 AM Collier County, FL Land Development Code about:blank 91. Videotape rental (7841)with 5,000 square feet or less of gross floor area in 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 commercial or professional use which is comparable in nature with the (C-1) list of permitted uses and consistent with the purpose and intent statement of the district as determined by the board of zoning appeals pursuant to section 10.08.00. 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. 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 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 accessories 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: 40 of 223 10/8/2021, 8:45 AM Collier County, FL Land Development Code about:blank 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). 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; 41 of 223 10/8/2021, 8:45 AM Collier County, FL Land Development Code about:blank 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 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); 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- community theaters only). 26. Vocational schools (8243-8299). 42 of 223 10/8/2021, 8:45 AM Collier County, FL Land Development Code about:blar 27. Any other intermediate commercial use which is comparable in nature with the foregoing list of permitted uses and consistent with the permitted uses and purpose and intent statement of the district, as determined by the board of zoning appeals pursuant to section 10.08.00. 43 of 223 10/8/2021, 8:45 Al\ Sec. 250-58. -Appeal from decision of administrative official. (a) Appeals to a board of zoning appeals or the governing body, as the case may be, may be taken by any person aggrieved or by any officer, department, board, or bureau of the governing body or bodies in the area affected by the administrative decision, determination or requirement made by the administrative official. Such appeals shall be taken within 30 days by filing with the administrative official a written notice specifying the grounds thereof. The administrative official shall forthwith transmit to the board all papers, documents, and maps constituting the record of the administrative action from which an appeal is taken. (b) Due public notice of the hearing on the administrative appeal shall be given. (c) Upon the hearing, any party may appear in person or by attorney. A decision shall be reached by the appellate body within 30 days of the hearing; otherwise, the action appealed from shall be deemed affirmed. (Laws of Fla. ch. 67-1246, § 16; Laws of Fla. ch. 2001-344, § 1) 1.06.01 - Responsibility for Interpretations A. The County Manager or designee shall have the authority to make all interpretations of the text of this LDC, the boundaries of zoning districts on the official zoning atlas, and to make all interpretations of the text of the GMP and the boundaries of land use districts on the future land use map. B. The County Manager or designee shall have the authority to make all interpretations of the text of this LDC on matters related to the Building Code, building permit requirements, building construction administrative code or building permits. C. During the course of review of a development order or permit, as the case may be, should an applicant and staff be unable to concur on the application of a specific provision or provisions of this LDC, the County Manager or designee shall be authorized to make a final determination. D. Request for Official Interpretation. The County Manager or designee may render an official interpretation of any part of the LDC. The building official may render an official interpretation of any part of the Florida Building Code. 1. Generally. An official interpretation may be requested by any affected person, resident, developer, land owner, government agency or department, or any person having a contractual interest in land in Collier County. 2. Procedure. The Administrative Code shall establish the procedure and submittal requirements for an official interpretation. 3. Request Criteria. Each request must identify the specific LDC or building code citation to be interpreted. Each request for interpretation must be accompanied by the appropriate fee as set forth in the fee resolution adopted by the Board of County Commissioners. Under no circumstances may the request for interpretation contain more than 3 issues or questions. It must not contain a single question with more than 3 sub-issues or questions. If it is determined by the appropriate official that the request for interpretation contains more than 3 issues, the applicant will be required to submit a separate request accompanied by the applicable fees. 4. Notice. The interpretation shall be in writing and shall be sent to the applicant by certified mail return receipt requested. Public notice procedures are identified in LDC subsection 10.03.06 P. 5. Effective time limits of an interpretation. a. An interpretation rendered by the County Manager or designee shall remain in effect until the appropriate LDC section is amended to clarify the applicable provision or provisions which warranted the interpretation, or until such time as the interpretation is adopted, modified, or rejected as a result of an appeal to the Board of Zoning Appeals and/or the Building Board of Adjustments and Appeals, by the applicant or other individual or entity identified in LDC section 1.06.01 D.1, above. From the time the interpretation is rendered and the time the appropriate LDC section is amended, or in the case of an appeal, until such time as the Board of Zoning Appeals and/or Building Board of Adjustments and Appeals has rendered its finding, no further request for interpretation regarding the same issue shall be permitted. b. An interpretation rendered by the building official shall remain in effect as provided for in the Florida Building Code. 6. Appeal to Board of Zoning Appeals or Building Board of Adjustments and Appeals. a. Within 30 days after receipt by the applicant or affected property owner of a written official interpretation sent by certified mail return receipt requested by the County Manager or designee or building official, or within 30 days of publication of public notice of the official interpretation, the applicant, affected property owner, or aggrieved or adversely affected party may appeal the interpretation to the Building Board of Adjustments and Appeals for matters relating to building and technical codes as shown in LDC section 1.07.00 or to the Board of Zoning Appeals for all other matters in the LDC. For the purposes of this section, an affected property owner is defined as an owner of property located within 300 feet of the property lines of the land for which the official interpretation is effective. An aggrieved or affected party is defined as any person or group of persons which will suffer an adverse effect to an interest protected or furthered by the Collier County Growth Management Plan, LDC, or building code(s). The alleged adverse interest may be shared in common with other members of the community at large, but shall exceed in degree the general interest in community good shared by all persons. b. A fee for the application and processing of an appeal shall be established at a rate set by the Board of County Commissioners from time to time and shall be charged to and paid by the applicant. c. The Board of Zoning Appeals or the Building Board of Adjustments and Appeals, whichever is applicable, shall hold an advertised public hearing on the appeal and shall consider the interpretation of the County Manager or designee or building official, whichever is applicable, and public testimony in light of the growth management plan, the future land use map, the LDC or the official zoning atlas, or building code related matters, whichever is applicable. The Board of Zoning Appeals or the Building Board of Adjustments and Appeals, whichever is applicable, shall adopt the County Manager or designee's or building official's interpretation, whichever is applicable, with or without modifications or conditions, or reject their interpretation. The Board of Zoning Appeals or the Building Board of Adjustments and Appeals, whichever is applicable, shall not be authorized to modify or reject the County Manager or designee's or building official's interpretation unless such board finds that the determination is not supported by substantial competent evidence or that the official interpretation is contrary to the Growth Management Plan, the future land use map, the LDC or the official zoning atlas, or building code, whichever is applicable. d. Time limitations on appeals. Any appeal that has not been acted upon by the applicant within 6 months of the applicant filing the appeal will be determined to be withdrawn and cancelled unless extended by the BCC. Further review and action on the appeal will require a new application subject to the then current LDC. (Ord. No. 13-56, § 3.A) o bA 40 ... V N jam' "C U C.4 : Clo t r 04 ta `� o = A = _ .- Q" O a u 4: tv Z CO 44 O .40 = D ..:4-4 6O _ _ ° a t' 4-4 d " ^▪° ° � 6, ci) o .. Oh. ^0 a. N ,-o 's = n.W 14 CI c c �s � > o °.N .11 s = a A cs 0 sago s CI Cm o clo_ o � _ rj) © o U >, C.4 6 6 A L = ° a. Co) Co s Cm; a o o a,� 1.4 '0 U CI 6 y s r" en G �0.+ O r.. O DID 0 42 =cv 4" N Q •= i. 4-4 O ... v - O =�v� O u 'O y = O CI 6 '�▪�' V Er et,.. s a.) o 74 A saA o e e co a z U.= 44 0 - = a � s CI 44 cv - .O ct = o cl L �•-= CO 0 o U z a. �' � c E = U o W �a 'o x s tu o U ° c cu �'o E , x _= A U u CD `'"' - U s, o s. 460 = v v� O H� H w� G =�+ = O '� i - O 6O •� yTr CI cCS �- O C C rr A cC a? •- e*. q y "O Q ,+. ^0 O '+ O 6w et N "O CI C en $1, 0 u C0 ,--i CN p Ov N c U A c A 1-4 c ct O o v ' C aJ 4 N N O 14 CU elO O p, A C6 p" N ' •o cri A V A �c O VI V CA 0 v CY p vO ena.) O Q G O O ,►., O ,0 ram+ M N �. Q)., O clo = -1 i°. • Oy �" a.)V1 z O R, u L O~ v o-, am co cc V1 sc., O C ^O Oci ° CC U CC Cl.) p .- r.+ d rr '" r > 4.., 0 ►-� C ^d p s0, c a a' u c Z o a. en `TrO Or i.CI +4-' v) CrN O o L"r CC CC O AO ..v. C.a, R., py CC O •c O "'i O O. Q.) cJ ck r., 'Fri + O C.)o � ' L ue el s E N^ A., . a, ^O 4 ^S ^C A et0 ' ,z - � -� cn 11 . > CI C.)CI ` •. ° = ') oc ammo el) ‘1' c kl °' E O a ° c. e - o o .:I _CI ate".. 2 z ~ V aV l,.., r.+ - , u a 4•a •49 v, O • L y O rn y U C Son C ++• 1 y = 4.r O G C4 s" p.., ^C r✓ ^. O CC CD ram".., CU y., ... I O (I-) C r�r O .� C L ,�' N cu O Or vs2O. .O Q., J .O cl z r., CU Ow �" cn _� ram. a. U O r-, al © - Q, U U +O+ eOC r°- D = tit H RS 'd a A • c F ^. �, c �. ,.� - • 04 C7 C7 O F� O s. L ,° . i N o bi) aJ v ... r u N . u ::. 0 0. t z O6 I A D C1 A z O 7, .0 r., ca O ^. r.. to.� O 4. IT: H C C Qr C cs o ou •C 7 Ts O C t' co 0 6 co C1,4 .O O a. N o s = cu L ct c�s 20 .wN � 4 E .4 'Z, c4 E s c 04 A os ae O cCtt .0 VI O s A 2 o0 C. U a, ao s aoE s M n. =o 0 ^C y p esj i0.. ^O C !a O o = .4; Cts ao 4-0 O .� " �' ° o C'v� ...I .- vi v C D .6 U ••E y O A ... 4 tUD .. a .4 U.a y > cl 'Co" ° .o a � cgct a, a, o a, a> �' �' Ce '~ s Z CO . S O O COv C C...) y Cl tL E . .x = bACd L. ,, Cil.. E . ,.. 4. 4. w .i,-5, i_, c.) ... F. - .. s� ^Io el ao U6 v • CO z , „ PCu s s w r°.. 0 . S). O - C rr N p ct O .6 y 4 cci Q, CY �, U +5:+ �" 745 u Cme w .C1�". sue. U sue. ^0 4.0 0 CI c - o Cie o n a, •c M p„ CI u 0 "i C1 0 00 A 'C C o A ., o 1 -O a a) �+ O � o cV O CY a s 0 a o O w I N . a) A Eo• A A C) Vp C C M 'CS O C C 0. O o ...- O Oczl ¢, O ram... M N �. -. Q, U o C\ O O CIcri cd CO V1 vCi O C. ++ i°. Q V U r-+ o CC coo0 0 O �+ •-.4. , N 6 C ^C 0 O ;i�,EC• C" r : • C, CI. CL r C i, C cd: 6c CM ,71• - O Co 7., C C z et0 4. O CIO .. C) ::top- CI C O rc''v uA .c O O e. D �. u cam", . ..0 1 S. Gu '� p w_ ^C .cs EN o. A C p - C) Z y y '+- c y C 'C ;? C r� % C e� a Ct u O 440• ° L r"" L v E Q, • o) CL O w © C. �" .ter. OC" O U 14 r • U CI : = u •CI ,S w 2, r w ~" v � — ,�. IS CI :: : CI A O cl o C= w a z cu a ° � C -1--' w 0 3 ' " sue. . CA O w M. e� c a. 4-. C) W a) O C 'O U . • O , sm.. C Off. '� •. O� CO CY CI • Ct a) C — Ct p •" Q, F.")CT rr �.r C� O r.+ CJ .L; Qy N r- U rr r° D ) to) H RI '� CIn , i.+ y A w+ C 6 + C... ,..) � C �l ^C v) E* 3 • CJ C7 C E• e 3. 4 r+ N 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. 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) 2.03.03-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 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 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. 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;commissary 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 recommendation shall include, but not be limited to,the following considerations for the conditional use request: i. 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). 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. 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). 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. 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). 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). 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(5Y2)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. 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 societies,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; 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 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); 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 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 kenneling). 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). 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, liquidation 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,salvaging 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. 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). 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. 81. Retail services-miscellaneous(5921-5963 except pawnshops and building materials, 5992-5999 except auctioi shops,gravestones, hot tubs, monuments, swimming pools,tombstones and whirlpool baths)with 5,000 squarE 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 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. 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 accessories 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). 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 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); xi. The mixed commercial/residential structure shall be designed to enhance compatibility of the commercial through such measures as, but not limited to, minimizing noise associated with commercial uses; directing away from residential units; and separating pedestrian and vehicular accessways and parking areas from re. 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-community 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 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 kenneling). 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). 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, liquidation 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,salvaging 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). 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). 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). 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 and 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 and 7363). 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 and 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). 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 communications 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. 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),sub 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 requirements 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). 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 kenneling). 10. Apparel and accessory stores(5611-5699). 11. Architectural services(8712). 12. Armature rewinding shops(7694). 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. 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). 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. 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). 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 completely 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). 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). 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 communications 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. 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 requirements 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. 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 Administrative 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). 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 exception 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. 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: 1. 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). 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 ser 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. 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) 10.02.06- Requirements for Permits A. Generally.Any permit submitted to the County must meet the requirements for that particular permit, as more specifically stated below. 1. Relation to state and federal statutes. a. Required state and/or federal permits.Where proposed use or development requires state or federal development orders or permits prior to use or development,such development orders or permits must be secured from state or federal agencies prior to commencement of any construction and/or development, including any changes in land configuration and land preparation. b. Development of regional impact.Where a proposed use or development is a development of regional impact(DRI), it shall meet all of the requirements of F.S.ch. 380,as amended, prior to the commencement of construction or development. Submission of the application for development approval(ADA)for a DRI shall be simultaneous with the submission of any rezoning and/or conditional use application or other land use related petition required by the LDC to allow for concurrent reviews and public hearings before both the Planning Commission and the BCC of the ADA and rezone and/or conditional use applications.The DRI and rezone and/or conditional use shall be approved prior to the issuance of any required county development orders or permits and commencement of construction or development. 2. No approval of the final subdivision plat, improvement plans or authorization to proceed with construction activities in compliance with the same shall require Collier County to issue a development order or building permit if(1)it can be shown that issuance of said development order or building permit will result in a reduction in the level of service for any public facility below the level of service established in the Collier County Growth Management Plan, or(2)if issuance of said development order or building permit is inconsistent with the Growth Management Plan.Anything in this section to the contrary notwithstanding,all subdivision and '~- development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. III] and the Growth Management Plan. B. Building Permit or Land Alteration Permit. 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration permits.The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code,and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations,and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits,site development plan approvals,agricultural clearing permits,and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s)of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the Board of Zoning Appeals in the form of an administrative review of the interpretation, or variances as provided by this Code,or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. Application for building or land alteration permit.All applications for building or land alteration permits shall, in addition to containing the information required by the building official, be accompanied by all required plans and drawings drawn to scale,showing the actual shape and dimensions of the lot to be built upon;the sizes and locations on the lot of buildings already existing, if any;the size and location on the lot of the building or buildings to be erected, altered or allowed to exist;the existing use of each building or buildings or parts thereof;the number of families the building is designed to accommodate;the location and number of required off-street parking and off-street loading spaces; approximate location of trees protected by county regulations; changes in grade, including details of berms; and such other information with regard to the lot and existing/proposed structures as provided for the enforcement of this Land development Code. In the case of application for a building or land alteration permit on property adjacent to the Gulf of Mexico, a survey,certified by a land surveyor or an engineer licensed in the State of Florida, and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a building or land alteration permit is requested,which the County Manager or his designee determines may effect the density or other use relationship of the property, a more recent survey may be required.Where ownership or property lines are in doubt,the County Manager or his designee may require the submission of a survey,certified by a land surveyor or engineer licensed in the State of Florida. Property stakes shall be in place at the commencement of construction. c. Construction and use to be as provided in applications;status of permit issued in error. Building or land alteration permits or certificates of occupancy issued on the basis of plans and specifications approved by the County Manager or his designee authorize only the use,arrangement,and construction set forth in such approved plans and applications,and no other use, arrangement, or construction. Building use arrangement, or construction different from that authorized shall be deemed a violation of this Land Development Code. i. Statements made by the applicant on the building or land alteration permit application shall be deemed official statements.Approval of the application by the County Manager or his designee shall, in no way, exempt the applicant from strict observance of applicable provisions of this Land Development Code and all other applicable regulations, ordinances, codes, and laws. ii. A building or land alteration permit issued in error shall not confer any rights or privileges to the applicant to proceed to or continue with construction, and the county shall have the power to revoke such permit until said error is corrected. d. Adequate public facilities required. No building or land alteration permit or certificate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance, Ord. No.90-24 (chapters 3, 6 and 10 of this Code)and Rule 9J-5.0055, F.A.C. e. Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation,grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations. Exceptions to this requirement may be granted by the County Manager or his designee for an approved subdivision or site development plan to provide for distribution of fill excavated on-site or to permit construction of an approved water management system,to minimize stockpiles and hauling off-site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of section 4.06.04 A.of this Code; removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Chapters 3 and 10. i. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s)and certificate(s)of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). f. Zoning and land use approval required prior to or simultaneously with issuance of building or land alteration permit or occupancy of land and space with the exception of the Early Construction Authorization (ECA) permit pursuant to LDC section 10.01.02 C.A zoning certificate, attesting to compliance with all aspects of the zoning provisions of the LDC,shall be required prior to obtaining a building or land alteration permit or to occupying any space of land or buildings or for the conduct of a business in all zoning districts.The following zoning certificate review procedure shall provide for the issuance of a zoning certificate. i. For the purposes of determining compliance with the zoning provisions of the LDC, an approval of a site development plan pursuant to LDC section 10.02.03 herein, authorizes the issuance of a zoning certificate.Said zoning certificate shall constitute a statement of compliance with all applicable provisions of the LDC, including the uses of the building space upon which applicable off-street parking and loading requirements were based, however, issuance of a zoning certificate shall not exempt any person from full compliance with any applicable provision of the LDC. ii. In subdivided buildings each space for which a use is proposed requires a zoning certificate for that particular space, independent of any approval conferred upon the building and the land pursuant to LDC section 10.02.03 and of a zoning certificate issued for the building and the land, shall be required. iii. A zoning certificate shall be required for any use of land or buildings located in residential zoning districts,which involve the conduct of a commercial or other nonresidentially allowed uses of land or buildings. C. Agricultural land clearing. 1. Agricultural clearing permit.A permit for clearing of agriculturally zoned land for agricultural uses that do not fall within the scope of F.S. §§ 163.3162(4)or 823.14(6), shall be required for all agricultural operations except as exempted by LDC section 10.02.06 C.1.d. a. Application.The Administrative Code shall establish the procedures and the submittal requirements, in �►. addition to those identified below,to obtain an agricultural land clearing permit. i. Silviculture operations, as defined by the LDC,shall require a management plan prepared by a forester or a resource manager(i.e. Florida Forest Service, private or industrial). ii. If an ST or ACSC-ST overlay is attached to the zoning of the property,the ST or ACSC-ST permit review shall be in accordance with LDC sections 2.03.07 and 4.02.14 and may be reviewed simultaneously with the agricultural clearing permit application. iii. A generalized vegetation inventory and clearing plan. iv. Data relating to wetlands impacts and protected wildlife species habitat subject to the Conservation and Coastal Management Element of the Growth Management Plan and the LDC.This data will be required only when the county's on-site inspection indicates that there are potential or actual impacts to wetlands and to protected federally and state listed wildlife habitat. v. The property owner, or authorized agent, has filed an executed agreement with the County Manager or designee,stating that within 2 years from the date on which the agricultural clearing permit is approved by the County Manager or designee,the owner/agent will put the property into a bona fide agricultural use and pursue such activity in a manner conducive to the successful harvesting of its expected crops or products.The owner/agent may elect to allow the subject property to lie fallow after completing the bona fide agricultural use,for the remainder of the 25-year period required by vi. below. If the clearing is expected to occur over a period greater than 2 years,this will be stated on the application and may be addressed as a condition on the agricultural clearing permit if determined by staff to be appropriate. vi. The property owner, or authorized agent, has filed an executed agreement with the County Manager or designee stating that the owner/agent is aware that the Collier County Board of County Commissioners will not rezone the property described in the agricultural clearing permit for a period of 25 years from the date of approval of the agricultural clearing permit by the County Manager or designee, unless for any such conversions in less than 25 years,the converted land shall be restored with native vegetation to the degree required by the LDC. vii. Permit Fees.The agricultural clearing permit applications shall be charged a review fee as established by resolution by the Board. b. Criteria for review of the application.The following criteria shall be utilized by staff in reviewing an application for issuance of an agricultural clearing permit: i. An on-site inspection has been made by staff, if indicated. ii. Environmental impacts, including wetlands and protected wildlife species habitat(s)shall have been addressed in accordance with the requirements of the Conservation and Coastal Management Element of the Collier County Growth Management Plan and the LDC, as may be amended from time to time. iii. Additional data and/or information required by the County to address environmental impacts shall be submitted by the applicant. iv. The proposed use is consistent with the zoning district. v. The proposed use is a bona fide agricultural use. vi. The applicant has signed an executed agreement pursuant to 10.02.06 C.1.a.v. above. c. Renewal of agricultural clearing permit.An approved agricultural clearing permit is valid for 5 years and may be automatically renewed for 5-year periods providing that a notification in writing is forwarded to the County Manager or designee at least 30 but no more than 180 days prior to the expiration of the existing permit and providing that the property has been actively engaged in a bona fide agricultural activity. Such notification shall state that the applicant is in compliance with any and all conditions and/or stipulations of the permit.A violation of permit conditions shall be cause to void the agricultural clearing permit.Applicants failing to provide notification as specified herein shall be required to submit a new application for an agricultural clearing permit. d. Exemptions for agricultural clearing permit. i. An agricultural clearing permit is not required for operations holding a permit under Ordinance No. 76-42 and that can demonstrate that an approved bona fide agricultural activity was in existence within 2 years of the permit issuance date, or that a bona fide agricultural activity was in existence before the effective date of Ordinance No. 76-42.A demonstration for exemption may include agricultural classification records from the Property Appraiser's Office; dated aerial photographs;occupational license for agricultural operation; or other information which positively establishes the commencement date and the particular location of the agricultural operation. ii. Upon issuance of an agricultural clearing permit or as exempted above,activities necessary for the ongoing bona fide agricultural use and maintenance are exempt from obtaining additional agricultural clearing permits for that parcel, if the intent, use, and scope of said activities continue to comply with the ongoing agricultural clearing permit or exemption.Ongoing bona fide agricultural activities that qualify for this exemption as described in this section may include but are not limited to clearing for,around or in dikes,ditches, canals, reservoirs, swales, pump stations, or pens; removal of new growth,such as shrubs or trees,from areas previously permitted or exempted from this section;fire line maintenance; approved wildlife food plots;or other activities similar in nature to the foregoing. iii. Fences, buildings, and structures that require a building permit shall be exempt from an agricultural clearing permit but must obtain a vegetation removal permit. iv. No agricultural clearing permit shall be required for protected vegetation that is dead, dying or damaged beyond saving due to natural causes also known as acts of God provided that: (a) The County Manager or designee is notified in writing within 2 business days prior to such removal and the County makes no objection within said 2 business days; (b) The tree is not a specimen tree; (c) The vegetation is not within an area required to be preserved as a result of a required preservation, mitigation, or restoration program; (d) The parcel is currently engaged in bona fide agriculture, as defined by the LDC; (e) No agricultural clearing permit shall be required for the removal of any vegetation planted by a farmer or rancher which was not planted as a result of a zoning regulation or a required mitigation or restoration program. 2. Agricultural clearing notice. No later than 60 days prior to vegetation removal as part of agricultural operations that fall within the scope of F.S. §§ 163.3162(4)or 823.14(6),the property owner shall provide notice to the County Manager or designee that the removal will occur. a. The Administrative Code shall establish the submittal requirements for the agricultural clearing notice, including the following: i. A signed agreement acknowledging the 25-year prohibition on the creation of TDR credits from land cleared for agricultural operations after June 19, 2002,as set forth in LDC section 2.03.07;and ii. If the land is outside the RLSA, a signed agreement acknowledging that, if the land being cleared for agricultural operations is converted to a non-agricultural uses within 25 years after the clearing occurs, the property shall become subject to the requirements of LDC section 3.05.07,as provided in LDC section 3.05.02. b. Permit fees.The agricultural clearing notice application shall be charged a review fee as established by resolution by the Board. D. Enforcement and penalties. 1. Fines. a. The failure of a property owner or any other person to obtain an approved permit as required in this section shall constitute a misdemeanor and each protected living,woody plant, constituting protective vegetation, removed in violation of this Code shall constitute a separate and distinct offense and upon conviction shall be punished by a fine not to exceed $500.00 per violation or by imprisonment in the county jail not to exceed 60 days, or by both such fine and imprisonment. In addition to or in lieu of the penalties provided by general law for violation of ordinances,the Board of County Commissioners may bring injunctive action to enjoin the removal of vegetation in violation of this Code. Removal of vegetation with a bald eagle nest shall be subject to a fine of up to five thousand dollars ($5,000.00) per bald eagle nest. Each nest, eagle, chick and egg using the nest that is removed, shall also constitute a separate and distinct offense and shall be subject to separate and individual fines of up to five thousand dollars($5,000.00)each or maximum permitted by law,which ever is greater. b. The failure of a property owner or any other person,who obtains an agricultural clearing permit or provides notice of agricultural clearing pursuant to Section 10.02.06 C.,to put the subject premises into a bona fide agricultural use shall constitute a misdemeanor and each protected living,woody plant,constituting protective vegetation, removed in violation of this Code shall constitute a separate and distinct offense and upon conviction shall be punished by a fine not to exceed$500.00 per violation or by imprisonment in the county jail not to exceed 60 days, or by both such fine and imprisonment. In addition to or in lieu of the penalties provided by general law for violation of ordinances,the Board of County Commissioners may bring injunctive action to enjoin the removal of vegetation in violation of this Code. 2. Restoration standards. If an alleged violation of this Code has occurred and upon agreement between the County Manager or designee and the violator, or if they cannot agree,then, upon conviction by the court or the code enforcement board, in addition to any fine imposed,a restoration plan shall be ordered in accordance with the following standards: a. The restoration plan shall include the following minimum planting standards: i. In the successful replacement of trees illegally removed, replacement trees shall be of sufficient size and quantity to replace the dbh inches removed. Dbh is defined for the purposes of this ordinance as diameter of the tree, measured at a height of 4.5 feet above natural grade. ii. Each replacement tree shall be Florida grade No. 1 or better as graded by the Florida department of agriculture and consumer service. iii. Replacement vegetation shall meet the following criteria,at time of planting: a) Plant material used to meet the minimum landscape requirements shall be in accordance with 4.06.05. b) Plant material used to meet the requirements for littoral shelf planting areas shall be in accordance with 3.05.10. c) Environmental restoration within County required preserves shall be in accordance with 3.05.07 H. d) Environmental restoration, other than in County required preserves, shall be in accordance with State and Federal agency enforcement or permit conditions.Where such requirements are not enforced or project not permitted by these agencies,the following minimum sizes shall apply: one gallon or liner ground covers,three gallon shrubs and four foot high trees.Ground covers in aquatic environments may be planted as bare root plants. Mangroves may be two foot high at time of planting. e) Natural recruitment of native vegetation similar to or compatible with native vegetation on site will be accepted. iv. Replacement trees shall have a guarantee of 80 percent survivability for a period of no less than 3 years. A maintenance provision of no less than 3 years must be provided in the restoration plan to control invasion of exotic vegetation(those species defined as exotic vegetation by the Collier County Land Development Code). v. It shall be at the discretion of the County Manager or designee to allow for any deviation from the above specified criteria. b. In the event that identification of the species of trees is impossible for any reason on the property where protected trees were unlawfully removed, it shall be presumed that the removed trees were of a similar species mix as those found on adjacent properties. c. The selection of plants shall be based on the characteristics of the Florida Department of Transportation, Florida Land Use, Cover and Forms Classification System (FLUCFCS)code. Shrubs,ground cover, and grasses shall be restored as delineated in the FLUCFCS Code.The species utilized shall be with relative proportions characteristic of those in the FLUCFCS Code.The exact number and type of species required may also be based upon the existing indigenous vegetation on the adjacent property at the discretion of the County Manager or designee. d. If the unlawful removal of trees has caused any change in hydrology,ground elevations or surface water flows,then the hydrology,ground elevation or surface water flows shall be restored to pre-violation conditions. e. In the event of impending development on property where protected trees were unlawfully removed,the restoration plan shall indicate the location of the replacement stock consistent with any approved plans for subsequent development. For the purposes of this ordinance, impending development shall mean that a developer has made application for a development order or has applied for a building permit. f. The County Manager or his designee may, at his discretion, allow the replacement stock to be planted off-site where impending development displaces areas to be restored. In such situations, off-site plantings shall be on lands under the control of a public land and/or agency.The off-site location shall be subject to the approval of the County Manager or his designee. g. The donation of land and/or of funds under the control of a public agency may be made if none of the above are viable alternatives.This donation of land and/or funds shall be equal to or greater than the total sum it would cost to restore the area in which the violation occurred.(Preservation of different contiguous habitats is to be encouraged.) 3. Corrective measures for environmental violations. a. Mitigation. i. The person(s) responsible for violations of the environmental sections of the Land Development Code shall be notified according to section 8.08.00 and shall have 30 days to prepare a mitigation plan that is acceptable to the county to resolve the violation.The mitigation plan shall be submitted to development services staff for review and comment. Once the plan is accepted by development services,the responsible party shall have 15 days to complete the mitigation unless other arrangements are specified and agreed upon in the mitigation plan. ii. Mitigation shall restore the area disturbed unless the responsible party demonstrates that off-site mitigation will successfully offset the impacts being mitigated for.Off-site mitigation shall be on lands under the control of a public agency, or identified for public acquisition, or on lands protected from future development. Ratios for off-site mitigation shall be as follows: 2 to 1 for uplands and 3 to 1 for wetlands. iii. The selection of plants to be used shall be based on the characteristics of the Florida Department of Transportation, Florida Land Use, Cover and Forms Classification System(FLUCFCS)Code.The exact number and type of species required may vary depending on the existing indigenous vegetation found at the site. iv. If only trees were removed and the understory vegetation was not disturbed,then replacement of the dbh(diameter at breast height) in inches removed shall be required. v. If the violation has caused any change in hydrology,ground elevations or surface water flows,then the hydrology,ground elevation or surface water flows shall be restored to pre-violation conditions. vi. If the violation consists of clearing of residential, single-family(RSF),village residential(VR)or estates(E) or other non agricultural, non commercially zoned land in which single-family lots have been subdivided for single-family use only, and 1 acre or less of land is being cleared by the property owners themselves in advance of issuance of building permit,the County Manager or his designee may, in lieu of restoration or donation, impose a penalty fee in the amount equal to double the cost of a typical building permit. b. Requirements for a mitigation plan. i. A copy of the deed, contract for sale or agreement for sale or a notarized statement of ownership clearly demonstrating ownership and control of the subject lot or parcel of land,or permission from the landowner to mitigate on his or her site shall be provided. ii. The mitigation plan shall be prepared by a person who meets or exceeds the credentials specified in section Chapter 7 of the Administrative Code, unless waived by the County Manager or designee. iii. The preparer's name,address and telephone number shall be included on the plan. iv. A north arrow,scale, and date shall be required on the plan. v. Existing vegetation areas shall be shown. vi. The proposed planting areas shall be clearly defined. vii. The plan shall denote the number and location of each plant to be planted, or for the case of ground covers,show them in groupings. Large mitigation areas may be designated by a more simplified method. viii. All plants proposed shall be denoted by genus,species, and the common name. ix. The plan shall identify what is adjacent to the mitigation areas, i.e.existing forest(provide type),farm, natural buffer area, lake, etc. c. Site-specific review criteria. i. All plants used for mitigation shall be native Florida species. ii. Plant materials used to meet minimum landscape requirements of the LDC shall conform to the plant specifications in 4.06.05. iii. The plants proposed for planting must be temperature tolerant to the areas they are to be planted in. The Florida-Friendly Landscaping Guide to Plant Selection& Landscape Design shall be used in determining the temperature tolerances of the plants. iv. The existing soil types shall be identified. Plants proposed for planting shall be compatible with the soil type.The 1954 or the 1992 soil survey of Collier County shall be used to determine if the plants proposed for planting are compatible with the existing or proposed soil types. v. The source and method of providing water to the plants shall be indicated on the plan and subject to review and approval. vi. A program to control prohibited exotic vegetation(section 3.05.08)in the mitigation area shall be required. d. County review of mitigation plan. i. The County Manager or designee will review the plan based on, but not limited to,the preceding requirements within 15 days.Additional relevant information may be required when requested. ii. Should the county reject the mitigation plan, the reasons will be provided so the applicant can correct the plan and resubmit for county review. e. Monitoring and replanting. i. A monitoring program shall be required that would determine the survivability by species of the plants used in the mitigation effort.A time zero monitoring report with photographs shall be submitted within 30 days of replanting.At the option of the respondent,two follow-up monitoring reports may be submitted at one-year intervals, starting one year after submittal of the time zero monitoring report,to document condition and survivability of mitigation plantings. If annual monitoring reports are submitted, they must document on-site conditions within one month prior to the anniversary/due date for the re- inspection. Success shall be verified by the County Manager or designee. ii. An eighty percent survival by species shall be required for a two-year period, starting at time of submittal of the time zero monitoring report, unless other arrangements are specified and agreed upon in the mitigation plan. Replanting shall be required each year if the mortality exceeds 20 percent of the total number of each species in the mitigation plan. Should the County Manager or designee determine the need for an extended monitoring schedule, monitoring may continue until at least an eighty percent survival of required planting(s) has been attained. iii. The soil and hydrological conditions for some mitigation areas may favor some of the plants and preclude others. Should the county and/or consultant find that over time,some of the species planted simply don't adjust,the mitigation plan shall be reevaluated by both the consultant and the county, and a revised plan will be instituted.This condition shall not apply to all mitigation areas and each case will be evaluated individually, based on the supported [supporting] data submitted by the mitigator. iv. Should there be a change in ownership of the property identified in the approved mitigation plan,the seller will be responsible for notifying the buyer of the mitigation plan and any requirements pursuant to the plan. f. Donation of land or funds.The donation of land and/or funds to a public agency may be made if none of the above are viable alternatives.This donation of land and/or funds shall be equal to or greater than the total sum it would cost to mitigate for the violation according to section 10.02.06 D.3.a. including consulting fees for design, and monitoring, installation costs,vegetation costs, earth moving costs, irrigation costs, replanting and exotic removal. 4. Appeal from enforcement.Any person who feels aggrieved by the application of this section, may file,within 30 days after said grievance, a petition with the County Manager or designee,to have the case reviewed by the Collier County Board of County Commissioners. 5. Suspension of permit requirement.The Board of County Commissioners may, by emergency resolution, suspend the permit requirement for vegetation removal in the aftermath of a natural disaster,such as a hurricane,when the following conditions are met and contained in the resolution: a. The suspension is for a defined period of time not to exceed 30 days or as otherwise set by the Board of County Commissioners. b. The vegetation removal is necessitated by disaster related damage. c. The suspension is not applicable to vegetation within habitats containing listed species(as regulated in section 3.04.00). 6. Existing Code Enforcement cases.The requirements of 10.02.06 D.2.a.iii and 10.02.06 D.3.e.i shall not apply to existing Code Enforcement cases with plans/orders approved prior to October 3, 2012, unless the respondent elects to use the new criteria. E. Wellfield conditional use permit and standards. 1. Petition. a. Owners/operators of a proposed regulated development for which a wellfield conditional use permit will be required to locate the proposed regulated development within any zone, may petition the board for a wellfield conditional use permit exempting the development from the prohibitions set forth in section 3.06.12 hereof,as provided in this section. b. Owners/operators shall submit the application for wellfield conditional use permit to the County Manager on forms prepared by the department. 2. Criteria. a. The owner/operator shall demonstrate by the preponderance of substantial competent evidence that: i. The development has or can satisfy all requirements for a certificate to operate; ii. Special or unusual circumstances exist which are peculiar to the particular development which are different than any other regulated development; iii. Adequate technology exists which will isolate the development from the surficial and intermediate aquifer iv. Site-specific hydrogeologic data provides reasonable assurances that the existing water quality in surficial and intermediate aquifer systems will not be degraded as a result of the development. 3. Conditions of wellfield conditional use permit. a. In granting the wellfield conditional use permit,the board may prescribe any additional conditions and safeguards which it deems necessary to protect the existing well(s),future identified well(s)or future potable water supply resources. b. The wellfield conditional use permit shall incorporate a certificate to operate,which must be renewed or transferred in the same manner as any other certificate to operate as provided in section 10.04.01 B. hereof. 4. Prohibited wellfield conditional use permits. a. No wellfield conditional use permit may be construed or otherwise interpreted to legalize a regulated development existing on the effective date of this section[November 13, 1991],which is not in compliance with applicable local, state or federal law or regulations. No wellfield conditional use permit or other approval under this section shall be knowingly granted to an existing regulated development which is not in compliance with all other applicable local,State or Federal law or regulations. 5. Administrative review of wellfield conditional use permit petition. a. The County Manager shall review the petition for wellfield conditional use permit for compliance with sections 3.06.12 and 3.06.13 of this Code in the same procedural manner as for a certificate to operate. b. If the petition is found not to be in compliance,the County Manager shall advise the owner/operator of the noted deficiencies or required information by certified mail return receipt requested to the address listed in the petition. c. Upon a determination by the County Manager that the petition is in compliance, or upon receipt of written notice from the petitioner that the petition should be processed as is,the County Manager shall render a written recommendation for approval, approval with conditions, or denial of the wellfield conditional use permit. 6. Approval by the board. a. Wellfield conditional use permits which authorize development prohibited in the wellfield risk management special treatment protection overlay zones, are subject to careful review and shall include public notice and hearing as set forth in section 10.04.11 A. hereof. b. All petitions for wellfield conditional use permits shall be heard by the board as provided in section 10.04.11 A. hereof. 7. Wellfield conditional use permit for public or quasipublic development. a. The board,after public hearing, may find that certain existing or proposed public or quasipublic regulated development is exempted from compliance with this section and may issue a wellfield conditional use permit upon finding that: i. The public benefit to be realized by the proposed or existing regulated development outweighs the purpose of this section;and ii. The proposed or existing regulated development cannot,for economic or scientific reasons, be relocated elsewhere. b. The scope of any wellfield conditional use permit granted under this section shall be narrow to avoid derogation of the purpose of this section and the board may impose special conditions of approval to ensure implementation of the intent of the same. c. Petitions shall be processed, approved, approved with conditions or denied as any other wellfield conditional u in section 10.02.06 E. hereof. F. Temporary Use Permit Requirements.See LDC section 5.04.01 for temporary use permit classifications and restrictions. 1. The Administrative Code shall establish the procedures and application submittal requirements for temporary use permits. G. Coastal Construction Setback Line Permits. Except as exempted in subsection 4 below,the following activities seaward of the Coastal Construction Setback Line shall require either a 1)Coastal Construction Setback Line(CCSL) permit; 2)Site Development Plans,Site Improvement Plans and Amendments thereof pursuant to LDC section 10.02.03; or 3)Construction Plans and Final Subdivision Plat(PPL)pursuant to LDC section 10.02.04.The appropriate fee as set by county resolution shall be submitted with permit application.All required Federal, State, and County permits shall be obtained prior to commencement of construction. 1. Construction of a dune walkover when the following criteria have been met. a. A maximum width of 6 feet. b. A minimum separation of 200 feet between walkovers when 2 or more walkovers are proposed on a single parcel. 2. Creation, restoration, re-vegetation or repair of the dune or other natural area seaward of the CCSL on an individual parcel of land,when the following criteria have been met. a. Sand used must be compatible in color and grain size to existing sand subject to FDEP requirements. b. Plants utilized shall be 100 percent native coastal species. c. Restoration plans shall be designed by an individual with expertise in the area of environmental sciences, natural resource management or landscape architecture.Academic credentials shall be a bachelors or higher degree. Professional experience may be substituted for academic credentials on a year for year basis, provided at least 2 years professional experience are in the State of Florida. 3. The Administrative Code shall establish the procedures and application submittal requirements for obtaining a Coastal Construction Setback Line permit. 4. Exemptions from CCSL permit.The following activities shall not require a CCSL permit.All required Federal,State, and County permits shall be obtained prior to commencement of construction. a. Certain activities approved by the BCC that may alter ground elevations such as artificial beach nourishment projects or excavation or maintenance dredging of inlet channels. b. Implementation of Federal, State,or County approved preserve or listed species management plans on publically owned land designated as parks, preserves, or mitigation areas. c. Implementation of County approved preserve or listed species management plans on privately owned land pursuant to LDC section 3.05.07 H. d. Hand removal of prohibited exotic and non-native vegetation in accordance with LDC sections 3.05.02 G. 5. All other activities seaward of the CCSL shall require a variance, pursuant to LDC section 9.04.06. 6. Penalty and civil remedies. a. Penalty for a violation of section 9.04.06 Notwithstanding the penalties set forth elsewhere in the LDC,the following violations of section 9.04.06 H.,which occur during sea turtle nesting season: i. Setting up of any structures, prior to daily sea turtle monitoring,2)failing to remove all structures from the beach by 9:30 p.m., or 3)failing to have lights, so required,turned off by 9:00 pm., are subject to the following penalties: (a) First violation: Up to$1,000.00 fine. (b) Second violation:$2,500.00 fine. (c) Third or more violation: $5,000.00 fine. ii. Beach front property owners who leave beach furniture unattended on the beach between 9:30 pm and the time of the next day's sea turtle monitoring,are subject to the following penalties: (a) First violation:Written notice of ordinance violation. (b) Second violation: Up to$1,000.00 fine. (c) Third violation: $2,500.00 fine. (d) More than 3 violations: $5,000.00 fine. H. Vehicle on the beach regulations. 1. Unlawful to drive on sand dunes or beach or to disturb sand dune. It shall be unlawful: a. To operate or cause to be operated a hand-,animal-, or engine-driven wheel,track or other vehicle or implement on, over or across any part of the sand dunes, hill or ridge nearest the gulf, or the vegetation growing thereon or seaward thereof, or to operate or drive such a vehicle on the area seaward thereof, commonly referred to as the beach. b. To alter or cause to be altered any sand dune or the vegetation growing thereon or seaward thereof; make any excavation, remove any material,trees,grass or other vegetation or otherwise alter existing ground elevations or condition of such dune without first securing a permit as provided for in the LDC. 2. Exceptions; permit.All permits to allow operation of vehicles on county beaches shall be subject to the following. During sea turtle nesting season, May 1 through October 31, of each year,all permits shall be subject to section 10.02.06 H.3 below. Permits issued in accordance with this section shall be valid for the time the vehicle is used for its permitted function and shall be prominently displayed on the windshield of such vehicle and kept with the vehicle and be available for inspection. Permits issued for construction vehicles engaged in beach nourishment, inlet maintenance, and general construction activities shall expire on April 30 of each year,to coincide with the beginning of sea turtle nesting season.Vehicle on the beach permits are not transferable. a. Sheriff, City, State and Federal police, emergency services, Florida Fish and Wildlife Conservation Commission vehicles operated or authorized by officers of these departments operating under orders in the normal course of their duties,and government entities responding to emergency situations, shall be exempt from the provisions of this section. b. Vehicles which must travel on the beaches in connection with environmental maintenance, conservation, environmental work,and/or for purposes allowed by Collier County Ordinance No.89-16, providing that the vehicle(s)associated with the permitted uses of Collier County Ordinance No.89-16 remain stationary, except to access and egress the beach, shall be exempt from the provisions of this section if a permit has been obtained from the County Manager or designee.The procedure for obtaining such a permit shall be by application on the form prescribed by Collier County stating the reason or reasons why it is necessary for such vehicle or vehicles to be operated on the beaches in connection with an environmental maintenance, conservation,environmental purpose and/or for purposes allowed by Collier County Ordinance No.89-16, taking into consideration the vehicular use restriction previously stated as a criterion for an exception, and if the County Manager or designee is satisfied that a lawful and proper environmental maintenance, conservation,environmental purpose and/or purpose as described above and allowed by Collier County Ordinance No. 89-16 will be served thereby.All permits issued are subject to the following conditions and limitations: i. All vehicles shall be equipped with tires having a maximum ground-to-tire pressure of ten PSI (pounds per square inch), as established by the Standard PSI Formula provided below. Calculations for tire pressure using the standard formula shall be included with each permit application. PSI =Vehicle weight(Ibs)+equipment(including maximum debris load for beach raking equipment and rider weight(lbs)/total tire footprint(square inches) c. Baby buggies(perambulators),toy vehicles,toy wagons,wheelchairs or similar devices to aid disabled or non- ambulatory persons and hand pulled or pushed carts/dollies/hand trucks or similar type equipment for personal use shall be exempt from the provisions of this section. d. Vehicle-on-the-beach permits issued in conjunction with special or annual beach events, in conjunction with permanent concession facilities, or for other routine functions associated with permitted uses of commercial hotel property.Vehicles which are used in conjunction with functions on the beach, are exempt from the provisions of this section if a vehicle-on the-beach permit has been granted by the County Manager or designee.All permits issued are subject to the following conditions and limitations: i. The use of vehicles shall be limited to set-up and removal of equipment for the permitted function. ii. Said permits shall be prominently displayed on the vehicle and kept with the vehicle and available for inspection. iii. The types of vehicles permitted for this use may include ATVs, non-motorized handcarts or dollies, and small utility wagons,which may be pulled behind the ATVs. iv. All vehicles shall be equipped with tires having a maximum ground-to-tire pressure of ten PSI (pounds per square inch),as established by the Standard PSI Formula. Calculations for tire pressure using the standard formula shall be included with each permit application. v. Permits shall only be issued for ATVs when the County Manager or designee has determined that: 1) evidence has been provided that there is a need to move equipment,which,due to the excessive weigh and distance of equal to or greater than 200 feet,would be prohibitive in nature to move with, push carts or dollies;or 2)a limited designated work area has been established at the foot of the dune walkover for loading and unloading and the ATV use is restricted to that limited identified area. vi. When not in use all vehicles shall be stored off the beach. vii. During sea turtle nesting season,the following shall apply: 1)no vehicle may be used on the beach until after completion of daily sea turtle monitoring conducted by personnel with prior experience and training in nest surveys procedures and possessing a valid Fish and Wildlife Conservation Commission Marine Turtle Permit;2)there shall be no use of vehicles for set up of chairs or hotel or commercial beach equipment, etc. until after the beach has been monitored;3)one ingress/egress corridor onto and over the beach, perpendicular to the shoreline from the owner's property, shall be designated by the County Manager or designee;additional corridors may be approved when appropriate and necessary as determined by the County Manager or designee;a staging area may be approved for large events as determined by the County Manager or designee and 4)except for designated corridors, all motorized vehicles shall be operated below the mean high water line(MHW),as generally evidenced by the previous high tide mark. If at anytime the County Manager or designee determines that the designated corridor may cause adverse impacts to the beach, nesting sea turtles, or the ability of hatchlings to traverse the beach to the water,an alternative corridor shall be designated. If no alternative is available, as determined by the County Manager or designee,the vehicle-on-the-beach permit may be suspended for the remaining period of the sea turtle season. viii. These vehicles may not be used for transportation of people or equipment throughout the day.The permit shall designate a limited time for equipment set up and for the removal of the equipment at the end of the day. e. Permit for construction (excluding beach re-nourishment and maintenance activities). Prior to beginning construction in proximity to a sand dune for any purpose whatsoever, including conservation, a temporary protective fence shall be installed a minimum of ten feet landward of the dune. It shall be unlawful to cause or allow construction and related activity seaward of such fence. Each permit for work shall clearly indicate the provisions of this Code and the protective measures to be taken and shall be subject to the provisions of section 10.02.06 H.3. f. Beach raking and mechanical beach cleaning. i. Beach raking and mechanical beach cleaning shall be prohibited on undeveloped coastal barriers unless a state permit is obtained. ii. Beach raking and mechanical beach cleaning must comply with the provisions of section 10.02.06 H. of this Chapter. iii. Beach raking and mechanical beach cleaning shall not interfere with sea turtle nesting,shall preserve or replace any native vegetation on the site,and shall maintain the natural existing beach profile and minimize interference with the natural beach dynamics and function. iv. Beach raking and mechanical cleaning shall not occur below MHW on the wet sand area of beach which is covered by high tide and which remains wet during low tide. Beach raking and mechanical beach cleaning shall not operate or drive within 15 feet of dune vegetation and endangered plant and animal communities, including sea turtle nests. Surface grooming equipment that does not penetrate the sand may operate or drive to within ten feet of dune vegetation and endangered plant and animal communities, including sea turtle nests. v. Beach raking and mechanical beach cleaning devices shall not disturb or penetrate beach sediments by more than the minimum depth necessary, not to exceed two inches, in order to avoid a potential increase in the rate of erosion. vi. Vehicles with greater than ten psi ground to tire pressure, shall not be used to conduct beach raking. Vehicles with less than ten psi ground to tire pressures, in conjunction with the attachment of a screen, harrow drag or other similar device used for smoothing may be used to conduct beach raking upon approval of the County Manager or designee. vii. Mechanical beach cleaning involving sand screening or a combination of raking and screening shall only be conducted on an "as needed" basis as determined by the County Manager or designee. Necessity will include when large accumulations of dead and dying sea-life or other debris remains concentrated on the wrack-line for a minimum of two tidal cycles following a storm event, red tide or other materials which represent a hazard to public health. g. Vehicles associated with beach nourishment and inlet maintenance. i. Heavy equipment used in conjunction with beach nourishment, inlet maintenance,to accomplish FDEP permit requirements, or other unusual circumstance as determined by the County Manager or designee, which cannot meet the standard PSI,will require compaction mitigation. Mitigation shall be accomplished by tilling to a depth of 36 inches or other FDEP approved methods of decreasing compaction. Beach tilling shall be accomplished prior to April 15 following construction and for the next two years should compaction evaluations exceed state requirements. ii. Utilization of equipment for the removal of scarps, as required by FDEP, shall be limited to an ingress/egress corridor and a zone parallel to the MHW. Scarp removal during sea turtle season shall have prior FDEP approval and coordinated through the FDEP, FWCC,the County Manager or designee, and the person possessing a valid Fish and Wildlife Conservation Commission Marine Turtle Permit for the area. iii. No tilling of the beaches shall occur during sea turtle nesting season. 3. Operation of vehicles on the beach during marine turtle nesting season.The operation of motorized vehicles, including but not limited to self-propelled,wheeled,tracked, or belted conveyances, is prohibited on coastal beaches above mean high water during sea turtle nesting season, May 1 to October 31,of each year, except for purposes of law enforcement,emergency, or conservation of sea turtles, unless such vehicles have a valid permit issued pursuant to this section. Permits issued pursuant to this section are not intended to authorize any violation of F.S. §370.12, or any of the provisions of the Endangered Species Act of 1973,as it may be amended. a. All vehicle use on the beach during sea turtle nesting season, May 1 to October 31, of each year must not begin before completion of monitoring conducted by personnel with prior experience and training in nest surveys procedures and possessing a valid Fish and Wildlife Conservation Commission Marine Turtle Permit. 4. Penalties. Notwithstanding the penalties set forth elsewhere in this Code,violations of this section are subject to the following penalties: a. Violations of section 10.02.06 H.2.f above which do not occur during sea turtle nesting season, i.e., occur outside of sea turtle nesting season, are subject to up to a $500.00 fine per violation. b. Minor infractions of section 10.02.06 H.2.f above which occur during sea turtle nesting season are subject to up to a $500.00 fine per violation. Minor infractions are defined as any activity that will not cause immediate harm to sea turtles or their nesting activity;and include, but are not limited to,the following: 1)use of an unpermitted vehicle; 2)vehicles being operated: b a)without permit being available for inspection; or b)with improper tire pressure. c. Major infractions of section 10.02.06 H.2.f above which occur during sea turtle nesting season, are subject to the following penalties. Major infractions are defined as any activity that may cause immediate harm to sea turtles or their nesting activities; and include, but are not limited to,the following: 1)use of a vehicle prior to daily sea turtle monitoring, 2) use of a vehicle after 9:30 pm, or 3) use of a vehicle outside of a designated corridor. First violation:$1,000.00 fine and a suspension of permitted activities, including but not limited to: beach raking or mechanical cleaning activities,for 70 days or the balance of sea turtle nesting season,whichever is less. Second violation:$2,500.00 fine and a suspension of permitted activities, including but not limited to: beach raking or mechanical cleaning activities,for 70 days or the balance of sea turtle nesting season,whichever is less. Third or more violation:$5,000.00 fine and a suspension of permitted activities, including but not limited to: beach raking or mechanical cleaning activities,for 70 days or the balance of sea turtle nesting season, whichever is less. d. Violations of section 10.02.06 H.,which do not occur during sea turtle nesting season, i.e., occur outside of sea turtle nesting season, are subject to up to a $500.00 fine per violation. e. Violations of sections 10.02.06 H.which occur during sea turtle nesting season are subject to the following penalties: Minor infractions are subject to up to a $500.00 fine per violation. Minor infractions are defined as any activity that will not cause an immediate harm to sea turtles or their nesting activity;and include, but are not limited to,the following: 1)use of an unpermitted vehicle;2)vehicles being operated:a)with permit not available for inspection; or b)with improper tire pressure. I. Cultivated Tree Removal Permit. 1. Generally.A Cultivated Tree Removal Permit is required for the removal or relocation of any tree or palm that has been installed for landscaping and which is not a part of a preserve. Moving a tree from one location to another shall not be considered removal; however, a Cultivated Tree Removal permit shall be obtained.A maximum of 10 trees per 5 year period may be removed with a Cultivated Tree Removal Permit. Protected vegetation, other than that planted for landscaping, shall require a Vegetation Removal Permit; refer to LDC section 3.05.00. In no instance shall a site fall below the current minimum landscape code standard. 2. Applicability.The provisions of this section are applicable to all development unless otherwise specified in this section. 3. Exemptions: a. The removal of a prohibited exotic tree is exempt from obtaining a Cultivated Tree Removal Permit, unless the prohibited exotic tree is used to meet the minimum landscaping code requirements pursuant to a final local development order, prior to October 2, 2013. b. Single-family home sites are exempt from obtaining a Cultivated Tree Removal Permit. Single-family home sites shall maintain the minimum code landscaping requirements established in LDC section 4.06.05. 4. Criteria for removal of cultivated landscaping.The landscape architect may approve a Cultivated Tree Removal permit application based on the following criteria: a. A tree cannot be maintained by proper canopy, root pruning or root barriers and has become a safety hazard to pedestrian or vehicular traffic, utilities, or to an existing structure. b. A tree is growing too close in proximity to another tree(s)to permit normal growth and development of the affected tree(s). c. Other public health and safety circumstances as determined by the County landscape architect. 5. Application.The Administrative Code shall establish the application procedure and submittal requirements for obtaining a Cultivated Tree Removal permit. a. The County Manager or designee may require the site plan be prepared by a landscape architect registered in the State of Florida when the tree removal exceeds 10 trees. 6. Approval.The County Manager or designee shall approve,approve with conditions, or deny a Cultivated Tree Removal Permit. 7. Permit conditions.The Landscape Architect shall issue a Cultivated Tree Removal Permit when the applicant for such permit has agreed to fulfill one of the following conditions: a. That the minimum code required tree, if transplanted, shall be moved, established and maintained using proper arboricultural and horticultural practices and as outlined in LDC section 4.06.05. b. That the minimum code required tree(s), if destroyed, be substituted with an equivalent replacement or replacements, approved by the County Landscape Architect, planted on the site from which the destroyed tree(s)were removed.Sufficient space shall remain on the site allowing replacements to establish a mature canopy spread, based on usual growth characteristics. J. Zoning Verification Letter. 1. A zoning verification letter may be used to verify the zoning of a property according to the Collier County Zoning Map,the Future Land Use Map,and the Growth Management Plan and establish the following determinations. a. Generally.The County Manager or designee may issue a zoning verification letter that verifies the zoning of a property.Additional information may be requested about the subject property, including but not limited to the following: i. Allowable uses and development standards applicable to the property under the LDC; ii. Zoning of adjacent properties; iii. Confirmation of any site development plan, conditional use, or variance approved for the property; and iv. The nonconforming status of the property. b. Non-residential Farm Building Exemption.The County Manager or designee, in coordination with the Collier County Building Official, may issue a zoning verification letter to establish that a non-residential farm building and/or fence is exempt from the Florida Building Code. However,the exemption applies to the structure and does not exempt the applicant from obtaining the necessary electrical, plumbing, mechanical, or gas permits for the structure. c. Administrative Fence Waiver.The County Manager or designee may issue a zoning verification letter to approve an administrative fence waiver under LDC section 5.03.02 F.5.a. 2. The Administrative Code shall establish the process and application submittal requirements to obtain a zoning verification letter. K. Comparable Use Determination. 1. The following Comparable Use Determination (CUD)shall be used to determine whether a use is comparable in nature with the list of permitted uses, and the purpose and intent statement of the zoning district, overlay, or PUD. 2. To be effective,the Comparable Use Determination shall be approved by the Hearing Examiner by decision, or Board of Zoning Appeals by resolution, at an advertised public hearing based on the following standards, as applicable: a. The proposed use possesses similar characteristics to other permitted uses in the zoning district, overlay, or PUD, including but not limited to the following: i. Operating hours; ii. Traffic volume generated/attracted; iii. Type of vehicles associated with the use; iv. Number and type of required parking spaces;and v. Business practices and activities. b. The effect of the proposed use would have on neighboring properties in relation to the noise,glare, or odor effects shall be no greater than that of other permitted uses in the zoning district, overlay, or PUD. c. The proposed use is consistent with the GMP, meaning the applicable future land use designation does not specifically prohibit the proposed use, and,where the future land use designation contains a specific list of allowable uses,the proposed use is not omitted. d. The proposed use shall be compatible and consistent with the other permitted uses in the zoning district, overlay,or PUD. e. Any additional relevant information as may be required by County Manager or Designee. 3. The Administrative Code shall establish the process and application submittal requirements to obtain a Comparable Use Determination. (Ord. No. 04-72, § 3.CC; Ord. No. 05-27, §3.WW; Ord. No.06-07, §3.V; Ord. No. 07-67, §3.V; Ord. No.08-63, § 3.LL; Ord. No.09- 43, §3.B;Ord. No. 10-23, §3.RR; Ord. No. 12-38, § 3.HH; Ord. No. 13-56, §3.NN; Ord. No. 15-44, §3.K; Ord. No.20-44, §3.1) 10.03.06- Public Notice and Required Hearings for Land Use Petitions This section shall establish the requirements for public hearings and public notices.This section shall be read in conjunction with LDC section 10.03.05 and Chapter 8 of the Administrative Code,which further establishes the public notice procedures for land use petitions. A. Ordinance or resolution that is initiated by County or a private entity which does not change the zoning atlas or actual list of uses in a zoning category but does affect the use of land, including, but not limited to, land development code regulations as defined in F.S. § 163.3202, regardless of the percentage of the land affected.This is commonly referred to as a LDC amendment. 1. The following advertised public hearings are required: a. One Planning Commission hearing. b. One BCC hearing. 2. The following notice procedures are required: a. Newspaper Advertisement prior to each advertised public hearing in accordance with F.S. § 125.66. B. Ordinance or resolution for a rezoning, a PUD amendment, or a conditional use. For minor conditional use notice requirements see 10.03.06 C, below and for County initiated rezonings, see 10.03.06 K.: 1. The following advertised public hearings are required: a. One Planning Commission hearing. b. One BCC or BZA hearing. 2. The following notice procedures are required: a. A NIM. See LDC section 10.03.05 A. b. Mailed Notice prior to the first advertised public hearing. c. Newspaper Advertisement prior to each advertised public hearing in accordance with F.S. § 125.66. d. Posting of a sign prior to the first advertised public hearing. C. Minor conditional use. 1. The following advertised public hearings are required: a. One Hearing Examiner hearing. If not heard by the Hearing Examiner,then pursuant to 10.03.06 B. 2. The following notice procedures are required: a. A NIM. See LDC section 10.03.05 A. b. Mailed Notice prior to the advertised public hearing. c. Newspaper Advertisement prior to the advertised public hearing. d. Posting of a sign prior to the advertised public hearing. D. Conditional use extension, or conditional use re-review: 1. The following advertised public hearings are required: a. One BZA or Hearing Examiner hearing. 2. The following notice procedures are required: a. Mailed Notice prior to the advertised public hearing. b. Newspaper Advertisement prior to the advertised public hearing. c. Posting of a sign prior to the advertised public hearing. Signage is not required for a conditional use re- review. E. Ordinance or resolution for comprehensive plan amendments: 1. The following advertised public hearings are required: a. One or more Planning Commission hearings pursuant to F.S. Chapter 163. b. One or more BCC hearings pursuant to F.S. Chapter 163. 2. The following notice procedures are required: a. Small-scale amendments: i. A NIM.See LDC section 10.03.05 A. ii. Mailed Notice prior to the advertised Planning Commission hearing. iii. Newspaper Advertisement prior to each advertised public hearing. iv. Posting of a sign prior to the advertised Planning Commission hearing. b. Large-scale amendments: i. For all large-scale amendments, a Newspaper Advertisement prior to each advertised public hearing. ii. For large-scale amendments that are site-specific,the additional notice procedures are required: a) A NIM. See LDC section 10.03.05 A. b) Mailed Notice prior to the advertised Planning Commission hearing. c) Posting of a sign prior to the advertised Planning Commission hearing. F. Variance, pursuant to LDC section 9.04.02 or a sign variance, pursuant to LDC section 5.06.08: 1. The following advertised public hearings are required: a. One Planning Commission or Hearing Examiner hearing. b. If heard by the Planning Commission, one BZA hearing. 2. The following notice procedures are required: a. An Agent Letter shall be sent to property owners within 150 feet of the area covered by the petition following the initial staff review comments and prior to the resubmittal of the petition to the County. b. Mailed Notice prior to the advertised public hearing. c. Newspaper Advertisement prior to each advertised public hearing. d. Posting of a sign prior to the first advertised public hearing. G. Parking exemption, pursuant to LDC section 4.05.02 K.3: 1. The following advertised public hearing is required: a. One Planning Commission or Hearing Examiner hearing. b. If heard by the Planning Commission, one BZA hearing. 2. The following notice procedures are required: a. An Agent Letter shall be sent to property owners within 150 feet of the area covered by the petition following the initial staff review comments and prior to resubmittal of the petition to the County. b. Mailed Notice prior to each advertised public hearing. . c. Newspaper Advertisement prior to the advertised public hearing. d. Posting of a sign prior to the first advertised public hearing. H. PUD Insubstantial Change(PDI)or Boat Dock Facility Extension, Boathouse Establishment, or Boat Dock Canopy Deviation: 1. The following advertised public hearings are required: a. One Planning Commission or Hearing Examiner hearing. 2. The following notice procedures are required: a. For a PDI, a NIM. See LDC section 10.03.05 A. However, upon written request by the applicant,the Hearing Exarr discretion to waive the NIM after the first set of staff review comments have been issued. b. Mailed Notice prior to the advertised public hearing. c. Newspaper Advertisement prior to the advertised public hearing. d. Posting of a sign prior to the advertised public hearing. I. Ordinance or resolution for the establishment, amendment to, or the abandonment of a Development of Regional Impact(DRI): 1. The following advertised public hearings are required: a. One Planning Commission hearing. b. One BCC hearing. 2. The following notice procedures are required: a. In accordance with F.S. §380.06 and the Florida Administrative Code. J. Ordinance or resolution that is initiated by the BCC and will change the zoning map designation of less than 10 contiguous acres of land.This is commonly referred to as a rezone. 1. The following advertised public hearings are required: a. One Planning Commission hearing. b. One BCC hearing. 2. The following notice procedures are required: a. Mailed Notice prior to the first advertised public hearing. b. Newspaper Advertisement prior to each advertised public hearing.The advertisement for the Planning Commission hearing shall include a project location map. c. Posting of a sign prior to the first advertised public hearing. d. The County shall notify by mail each owner within the area covered by the proposed ordinance or resolution of the time, place, and location of the public hearings before the BCC. K. Ordinance or resolution that is initiated by the BCC and will change the zoning map designation of more than 10 contiguous acres of land or more or an ordinance or resolution that will change the actual list of permitted, conditional, or prohibited uses of land within a zoning category.This is commonly referred to as a rezone or LDC amendment: 1. The following advertised public hearings are required: a. At least one Planning Commission hearing.The Planning Commission may elect by a majority decision to hear such ordinance or resolution at two public hearings. If there is only one Planning Commission hearing,the hearing shall be held after 5:00 p.m. on a weekday, and if there are two Planning Commission hearings,then at least one of the hearings shall be held after 5:00 p.m. on a weekday. b. At least two BCC hearings.At least one hearing shall be held after 5:00 p.m.on a weekday, unless the BCC by a majority vote plus one vote elects to conduct that hearing at another time of day. 2. The following notice procedures are required: a. Newspaper Advertisement prior to Planning Commission hearing including a project location map. i. The first Planning Commission hearing shall be held approximately seven days after the day that the first advertisement is published.The second hearing will be held approximately two weeks after the first hearing and shall be advertised approximately five days prior to the public hearing.The day,time, and place of a second public hearing shall be announced at the first public hearing. b. Newspaper Advertisement prior to the BCC hearings in accordance with F.S§ 125.66(4) including a project locat i. In lieu of the newspaper advertisement,the BCC may mail a written notice to property owners within the area covered by the proposed ordinance or resolution.The notice shall include the time, place and location of both the public hearings before the BCC. ii. The first BCC hearing shall be held at least seven days after the first advertisement is published.The second hearing shall be held at least ten days after the first hearing and shall be advertised at least five days prior to the public hearing. L. Ordinance or resolution for a Stewardship Sending Area (SSA)and SSA amendments: 1. The following advertised public hearings are required: a. One BCC hearing. 2. The following notice procedures are required: a. Newspaper Advertisement prior to the advertised public hearing pursuant to LDC section 4.08.06 E.1. M. Resolution or decision for a Stewardship Receiving Area(SRA)and SRA amendments. 1. The following advertised public hearings are required: a. SRA designation or SRA substantial change: i. One EAC hearing, if required. ii. One Planning Commission hearing. iii. One BCC hearing. b. SRA insubstantial change: i. One Planning Commission or Hearing Examiner hearing. ii. If heard by the Planning Commission, one BCC hearing. 2. The following notice procedures are required: a. SRA designation or SRA substantial change: i. A NIM.See LDC section 10.03.05 A. ii. Mailed Notice prior to the first advertised public hearing. iii. Newspaper Advertisement prior to each advertised public hearing in accordance with F.S. § 125.66. iv. Posting of a sign prior to the first advertised public hearing. v. Mailed Notice shall be sent to each real property owner within the area covered by the proposed application prior to the advertised BCC public hearing. b. SRA insubstantial change: i. A NIM.See LDC section 10.03.05 A. ii. Mailed Notice prior to the advertised public hearing. iii. Newspaper Advertisement prior to the advertised public hearing. iv. Posting of a sign prior to the advertised public hearing. v. Mailed Notice shall be sent to each real property owner within the area covered by the proposed application prior to the advertised public hearing. N. Ordinance or resolution for a mixed use project(MUP)located in the mixed use district overlay which seeks to utilize the Bonus Density Pool or request deviations exceeding administrative approval, pursuant to LDC section 10.02.15: 1. The following advertised public hearings are required: a. One Planning Commission hearing. b. One BCC hearing. 2. The following notice procedures are required. a. A NIM. See LDC section 10.03.05 A. b. Mailed Notice prior to the first advertised public hearing. c. Newspaper Advertisement prior to each advertised public hearing. d. Posting of a sign prior to the first advertised public hearing. O. Approval of a Comparable Use Determination pursuant to LDC section 10.02.06 K. 1. The following advertised public hearings are required: a. One CCPC or Hearing Examiner hearing. 2. The following notice procedures are required: a. Newspaper Advertisement prior to the advertised public hearing in accordance with F.S. § 125.66. P. Official Interpretations, pursuant to LDC section 1.06.00. 1. The following notice procedures are required for the interpretation of county wide application of the Growth Management Plan, Land Development Code and the building code: a. Newspaper Advertisement. 2. The following notice procedures are required for the interpretation affecting a specific parcel of land. a. Notification of affected property owner.Where a site specific official interpretation has been requested by a party other than the property owner,the County shall notify the property owner that an official interpretation has been requested. b. For site specific official interpretations, Mailed Notice shall be sent to property owners within 300 feet of the property lines of the land for which the interpretation is requested. c. Newspaper Advertisement. Q. Appeal of an Official Interpretation, pursuant to LDC section 1.06.00. 1. The following advertised public hearings are required: a. One BZA or Hearing Examiner hearing. 2. The following notice procedures are required: a. Newspaper Advertisement prior to the advertised public hearing in accordance with F.S. § 125.66. R. Site Plan with Deviations for Redevelopment, pursuant to LDC section 10.02.03 F and deviations in the GGPOD, pursuant to LDC section 4.02.26 E. 1. The following advertised public hearings are required: a. One Planning Commission or Hearing Examiner hearing. b. If heard by the Planning Commission, one BZA hearing. 2. The following notice procedures are required: a. Newspaper Advertisement prior to the advertised public hearing in accordance with F.S. § 125.66. b. Mailed Notice prior to the advertised public hearing. S. Post Take Plan, pursuant to LDC section 9.03.07 D. 1. The following notice procedures are required: a. Mailed Notice.Additional Mailed Notice details are established in LDC 9.03.07 D.3.b. b. If a Planning Commission or Hearing Examiner hearing is required, a Newspaper Advertisement. 2. The following advertised public hearings may be required: a. If a written objection is received, one Planning Commission or Hearing Examiner hearing. T. Minor Change to a PUD to remove affordable housing contributions, pursuant to LDC section 10.02.13 E.3.c. 1. The following notice procedures are required: a. Mailed Notice, sent by the applicant. 2. The following advertised public hearings may be required: a. If a written objection is received, one BCC or Hearing Examiner hearing. U. Automobile Service Station Waiver pursuant to LDC section 5.05.05 and Alcohol Beverage Distance Waiver pursuant to LDC section 5.05.01. 1. The following advertised public hearings are required: a. One BZA or Hearing Examiner hearing. 2. The following notice procedures are required: a. For an Alcohol Beverage Distance Waiver,an Agent Letter shall be sent to property owners within 150 feet of the area covered by the petition following the initial staff review comments and prior to the second submittal. b. Newspaper Advertisement prior to the advertised public hearing. V. Nonconforming Use Change pursuant to LDC section 9.03.02 D and Nonconforming Use Alteration, pursuant to LDC section 9.03.03 B.S. 1. The following advertised public hearings are required: a. One Hearing Examiner or BZA hearing. 2. The following notice procedures are required: a. Mailed Notice prior to the advertised public hearing. b. Newspaper Advertisement prior to the advertised public hearing. c. Posting of a sign prior to the advertised public hearing. W. Intent to Convert, pursuant to LDC section 5.05.15 C.1. 1. The following notice procedures are required: a. Mailed notice sent by the applicant after the Intent to Convert application has been reviewed and deemed satisfactory by staff to proceed to the mailed notice and Stakeholder Outreach Meetings, and at least 20 days prior to the first Stakeholder Outreach Meeting. For the purposes of this application, all mailed notices shall be sent to property owners within 1,000 feet of the property lines of the subject property. b. Posting of a sign after Intent to Convert application has been reviewed and deemed satisfactory by staff to proceed to the mailed notice and Stakeholder Outreach Meetings, and at least 20 days prior to the first Stakeholder Outreach Meeting. X. Stakeholder Outreach Meeting, pursuant to LDC section 5.05.15 C.3. 1. The following notice procedures are required: a. Newspaper advertisement at least 15 days prior to the Stakeholder Outreach Meeting. b. Mailed notice sent by the applicant at least 15 days prior to the required Stakeholder Outreach Meetings. For the purposes of this application, all mailed notices shall be sent to property owners within 1,000 feet of the property lines of the subject property.This mailed notice may include both required Stakeholder Outreach Meeting dates.All mailed notices shall include the web address to participate in the required web-based visual survey. Y. Compatibility Design Review, pursuant to LDC section 5.05.15 F. 1. The following advertised public hearings are required. a. One Planning Commission hearing. b. One BCC hearing. 2. The following notice procedures are required: a. Newspaper advertisement at least 15 days prior to the advertised public hearing. b. Mailed notice sent by the applicant at least 15 days prior to the required public hearings. For the purposes of this application,all mailed notices shall be sent to property owners within 1,000 feet of the property lines of the subject property. Z. Events in County Right-of-Way, pursuant to LDC section 5.04.05 A.S. 1. The following advertised public hearing is required: a. One Hearing Examiner or BCC hearing. 2. The following notice procedures are required: a. Newspaper advertisement prior to the advertised public hearing in accordance with F.S. 125.66. b. Mailed notice prior to the first advertised public hearing. For the purposes of this application,all mailed notices shall be sent to property owners, neighborhoods and business associations within one-quarter mile of the County right-of-way impacted by the event. (Ord. No. 13-56, §3.UU; Ord. No. 14-33,§3.CC; Ord. No. 15-44, §3.M; Ord. No. 17-10, §3.E; Ord. No. 20-16, §3.L; Ord. No. 20-44 , §3.j; Ord. No.21-14, § 3.j) 10.08.00 - CONDITIONAL USE PROCEDURES A. General. A conditional use is a use that would not be appropriate generally or without restriction throughout a particular zoning district or classification, but which, if controlled as to number, area, location, or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, or the general welfare. Such uses may be permissible in a zoning district as a conditional use if specific provision for such conditional use is made in the LDC. All petitions for conditional uses shall be considered first by the Planning Commission in the manner herein set out. Decisions regarding conditional uses shall be quasijudicial in nature. B. Applicability. Conditional use approval is required before the construction or establishment of a conditional use. C. Application.The Administrative Code shall establish the submittal requirements for a conditional use application. 1. Conditional use application processing time. An application for a conditional use will be considered "open," when the determination of"sufficiency" has been made and the application is assigned a petition processing number. An application for a conditional use will be considered "closed" when the applicant withdraws the subject application through written notice or ceases to supply necessary information to continue processing or otherwise actively pursue the conditional use, for a period of 6 months. An application deemed "closed" will not receive further processing and shall be withdrawn and an application "closed" through inactivity shall be deemed withdrawn. The Planning and Zoning Department will notify the applicant of closure by certified mail, return receipt requested; however, failure to notify by the County shall not eliminate the "closed" status of a petition. An application deemed "closed" may be re-opened by submitting a new application, repayment of all application fees and granting of a determination of"sufficiency." Further review of the request will be subject to the then current LDC. D. Findings. The Planning Commission shall make a recommendation of approval, approval with conditions, or denial of the conditional use to the Board of Zoning Appeals. The Planning Commission's recommendation of approval or approval with conditions shall find that the granting of the conditional use will not adversely affect the public and any specific requirements pertaining to the conditional use have been met by the petitioner. Further, that satisfactory provision and arrangement has been made for the following matters, where applicable: 1. Consistency with the LDC and Growth Management Plan. 2. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. 3. The effect the conditional use would have on neighboring properties in relation to noise, glare, economic or odor effects. 4. Compatibility with adjacent properties and other property in the district. E. Planning Commission actions. 1. Conditions and safeguards. In recommending approval of a conditional use, the Planning Commission may also recommend appropriate conditions and safeguards in conformity with the LDC. Violation of such conditions and safeguards, which are made a part of the terms under which the conditional use is granted, shall be deemed a violation of the LDC. 2. Denial by the Planning Commission. If the Planning Commission shall recommend denial of a conditional use, it shall state fully in its record its reason for doing so. Such reasons shall take into account the factors stated in section 10.08.00 D. above or those factors that may be applicable to the action of denial and the particular regulations relating to the specific conditional use requested, if any. 3. Status of Planning Commission report and recommendations. The report and recommendations of the Planning Commission required above shall be advisory only and shall not be binding upon the Board of Zoning Appeals. F. Consideration by the Board of Zoning Appeals. Upon receipt of the Planning Commission's report and recommendations, the Board of Zoning Appeals shall make a finding that the granting of the conditional use will not adversely affect the public and any specific requirements pertaining to the conditional use have been met by the petitioner. Further, that satisfactory provision and arrangement has been made for the matters identified in LDC section 10.08.00 D were applicable. 1. The Board of Zoning Appeals shall approve, by resolution, or deny a petition for a conditional use. The approval of a conditional use petition shall require 4 affirmative votes of the Board of Zoning Appeals. 2. If the Board of Zoning Appeals denies the conditional use, it shall state fully in its record its reason for doing so. Such reasons shall take into account the factors stated in section 10.08.00 D. above or those factors that may be applicable to the action of denial and the particular regulations relating to the specific conditional use requested, if any. G. Expiration and re-review. 1. A conditional use shall expire 5 years from the date of approval, if by that date the use for which the conditional use was granted has not commenced. 2. A conditional use shall expire 1 year following the discontinuance of the use for which the conditional use was granted unless the site was improved and/or structures built for the specific uses approved by a conditional use and which cannot be converted to a use permitted by the underlying zoning designation of the site. 3. The Board of Zoning Appeals may grant one 2-year extension of an approved conditional use upon written request of the petitioner. 4. If a conditional use permit is approved with stipulations or conditions, a re-review of the permit, stipulations, or conditions shall take place in accordance with the resolution approving the conditional use permit or by request of the applicant. H. Public facility dedication. 1. The Board of County Commissioners may, as a condition of approval of the conditional use, require that suitable areas for streets, public rights-of-way, schools, parks, and other public facilities be set aside, improved, and/or dedicated for public use. Where impact fees are levied for certain public facilities, the market value of the land set aside for the public purpose shall be credited towards impact fees. Said credit shall be based on a negotiated amount no greater than the market value of the set aside land prior to the approval of the conditional use, as determined by an accredited appraiser from a list approved by Collier County. Said appraisal shall be submitted to the County Attorney's Office and the real property office within 90 days of the date of approval of the conditional use, or as otherwise extended in writing by Collier County, so as to establish the amount of any impact fee credits resulting from said dedication. Failure to provide said appraisal within this time frame shall authorize the County to determine the market value of the property. Impact fee credits shall only be effective after recordation of the document conveying the dedicated property to Collier County. Where the term Collier County is used in this section, it shall be construed to include the Collier County Water and Sewer District or other agency or dependent district of Collier County Government. ... 2. Land set aside and/or to be improved as committed as part of the conditional use approval shall be deeded or dedicated to Collier County within 90 days of receipt of notification by the county that the property is needed for certain pending public improvements or as otherwise approved by the Board of County Commissioners during the conditional use process. In any case, however, the County shall take title to set aside property, at the latest, by a date certain established during, and conditioned on, the approval of the conditional use. 3. The land set aside and/or to be improved shall be made free and clear of all liens, encumbrances and improvements, at the developer's sole expense, except as otherwise approved by the Board. Failure to complete the dedication within the appropriate time frame noted above may result in a recommendation to the Board of reconsideration of approved conditional use and may result in a violation of the LDC pursuant to section 8.08.00. 4. Should said dedication of land also include agreed upon improvements, said improvements shall be completed and accepted by the Collier County Board of Commissioners at the development phase which has infrastructure improvements available to the parcel of land upon which said improvements are to be made, or at a specified time provided for within the resolution approving the conditional use. I. Conditional uses for school or religious purposes. A use which has been approved as part of a preliminary subdivision plat or a planned unit development for schools, religious or eleemosynary uses shall be exempt from the provisions of this section. Such uses must comply with the provisions of section 10.02.03, site development plan approval, as applicable, and all other zoning requirements. J. Changes and amendments. The County Manager or designee may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by the conditional use. Additional uses or expansion of permitted uses not shown on the conceptual site development plan or otherwise specifically provided for in the conditional use application shall require the submission, review, and approval of a new conditional use application. (Ord. No. 05-27, § 3.CCC; Ord. No. 06-07, § 3.Y; Ord. No. 12-38, § 3.LL; Ord. No. 13-56, § 3.VV) 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). 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. 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). 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). 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. 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 societies,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; 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 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); 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 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 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 kenneling). 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). 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, liquidation 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,salvaging 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. 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). 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. 81. Retail services-miscellaneous(5921-5963 except pawnshops and building materials, 5992-5999 except auctiol shops,gravestones, hot tubs, monuments, swimming pools,tombstones and whirlpool baths)with 5,000 squar( 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 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. 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 accessories 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). 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 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); xi. The mixed commercial/residential structure shall be designed to enhance compatibility of the commercial through such measures as, but not limited to, minimizing noise associated with commercial uses; directing away from residential units; and separating pedestrian and vehicular accessways and parking areas from re. 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-community 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 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 kenneling). 10. Apparel and accessory stores(5611-5699). Richard Yovanovich From: SolisAndy Sent: Monday, March 22, 2021 5:29 PM To: Joan Coyne Subject: Re: Proposed Isles of Capri Food Truck Park Thank you for your email sharing your concerns regarding the Capri food truck park proposal. Though the volume of emails is too great for him to reply individually, Commissioner Solis appreciates when citizens share their concerns, and he reviews each email. He may reach out to you to gather more information if it seems appropriate, but know that even if he does not contact you again, your voice has been heard. Commissioner Solis also thought you might be interested in the following information we have received recently on this proposal: Staff has been asked to reconsider the findings of the Zoning Verification Letter concerning this project. Please note that Anita Jenkins, Zoning Director, has now determined a Food Truck Park to be a unique use that isn't specifically referenced in the Collier County Land Development Code. As a result, the applicant has been informed that they will have to submit an application for a Comparable Use Determination. This process requires an analysis of the operational characteristics of the proposed use to see if it is comparable to the commercial uses in the C-3 district.This application type requires an advertised public hearing that is presented to the Collier County Hearing Examiner. In addition, the site development plan (SDP) that is under review by the County contains a reject comment requiring the applicant to clarify the floor area calculations to see if a conditional use application will also be required. Lastly,the SDP requires approval of the Comparable Use application before the SDP is approved. I hope this is helpful information. I noted that you didn't include the hearing examiner in your email; if you want to share your concerns with him, his name and email are: Andrew Dickman, andrew@dickmanlawfirm.org Thank you for taking the time to be an engaged member of our community. Please feel free to call or email whenever we can be of assistance. Sent on behalf of Andy Solis, Esq., District 2 Commissioner By Angela Goodner, Executive Coordinator Collier County Board of County Commissioners Phone: 239.252.8602 Sign up for the District 2 newsletter HERE! Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone at 239-252-8602 or in writing at 3299 Tamiami Trail E, Suite 303, Naples, FL 34112. i On Mar 22, 2021, at 5:14 PM, Joan Coyne <lordcal109@gmail.com> wrote: EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Date: March 22, 2021 Memo From: Joan Coyne-Merkling To: Collier County Commissioners Collier County Planning Commissioners Collier County Zone Management Subject: Proposed Isles of Capri Food Truck Park Application Number PL2021000012 I am writing to you to tell you I strongly object to the Food Truck Park/Marina that is being planned for the Isles of Capri. My concerns are: 1. The additional amount of traffic that this facility will bring to an already congested commercial area, according to Mr. Rogers, the potential of 300+ cars per day. The roads are not very wide with only one lane in either direction. 2. There are limited pedestrian crossings causing traffic backup and congestion during most days. Will this facility have only one way for access and exiting? What is being planned for pedestrian safety? We have many folks that walk and ride bicycles through this area. Please detail the purposed vehicle/pedestrian traffic safety control methods. 3. What can be done to assure the residents of the Isles of Capri that the emergency vehicles will be able to egress and ingress as necessary during emergency situations? 2 4. I live just beyond the commercial area and am "entertained" by loud music and crowd noise in the evening. And then shortly after 9PM, we have some "jubilant people" getting into the theirautomobiles and driving loudly away. Will this plan include time limits on entertainment? 5. Regarding the traffic that is going to come in via water, has anyone pursued the Army Corps of Engineers and Sheriff Marine Patrol, Department of Environmental Protection or Florida Fish and Wildlife and get their input as to the amount of boat traffic and the possible damage it will do to the surrounding environment? At this time there is only one way in/out to this area. This is extremely narrow and may cause congestion and damage in this no wake zone. The plan calls for 116 boat slips with room for charters, fishing boats and visiting boats. 6. The plans for an outdoor bar, dance floor, and music area, picnic tables, a building with second floor access to balconies for eating and drinking, a wall for showing movies, volleyball court, restrooms and a play area for children and parking seems to be excessive for the size of the property available. 7. Tarpon Village is a 55+ senior community that is adjacent to the planned food truck park. I know this is something they consider not acceptable. 8. Mr Rogers thinks he is saving us as he said, by not having Condos built on this site. Personally I think they would be more in line with our lifestyle. It would also be less traffic, less congestion, and more tax revenue for Collier County. Before this plan is considered by the Collier County Commissioners, Collier County Planning Commissioners and Collier County Zoning Managers, I hope that you seriously take into consideration the concerns of the residents of the Isles of Capri. I strongly ask you not to permit this Food Truck Park to be built here. I thank you for your time. Joan T Coyne-Merkling 3 109 West Pago Pago Dr Naples, Fl. 34113 Joan Coyne Please use my new GMAIL address for all future correspondence lordcal109@gmail.com L. 4 Cofer County Growth Management Department Planning and Zoning Division May 7, 2021 Noel Davies, Esq. 2375 Tamiami Trail N., Ste 306 Naples, FL 34103 Via email: Noel.Davies(a)DaviesDuke.com Re: SDP Application PL202000001903 - Isle of Capri Food Truck Park Dear Noel: Thank you for your letter dated April 8, 2021. We have reviewed the pertinent materials provided, including the Hearing Examiner Decision 2016-37, the Daruma Site Improvement Plan, a Zoning Verification Letter dated December 6, 2019, along with SIC Code 5812 (Eating Places), the more contemporary NAICS, and the standards for licensing of food trucks in Florida. SIC 5812 includes hamburger, hot dog, box lunch, and ice cream stands, fast food restaurants and stands, and carry-out only restaurants. As referenced in the Zoning Verification Letter dated December 6, 2019, the SIC classification system used in the Collier County Land Development Code is older and does not always address the changing trends of business. In fact, the SIC has not been updated since 1987 and can, at times, be less than sufficient in identifying and categorizing new businesses in our community, such as the increasingly popular food truck business. For this reason, when necessary, it is useful in our determinations to review and consider the more contemporary NAICS to identify the categorization of similar uses. Therefore, when we "cross-walk" the SIC code 5812 (Eating Places), we go to NAICS 72 (Accommodation and Food Services). This category includes eating establishments identified in SIC 5812, and recognizes "food stands" today can be mobile and provides for establishments primarily engaged in preparing and serving meals and snacks for immediate consumption from motorized vehicles or nonmotorized carts, including Ice cream truck vendors, Mobile food concession stands, Mobile canteens, Mobile refreshment stands, Mobile food carts, and Mobile snack stands. Furthermore, we recognize the Florida Division of Hotels and Restaurants license and regulate eating establishments, including mobile food dispensing vehicles (MFDVs). Based on Collier County's history of findings that food trucks are similar in nature to other eating places in SIC 5812, the additional information provided and reviewed supplements the ZVL issued for PL20200001955 and affirms the request for a Comparable Use Determination for food trucks is resolved and is not required as part of the Site Development Plan PL20200001903 for this use. In C-3 zoning an eating place/food truck park is limited to 6,000 1 square feet or less in gross floor area. The related ZVL still stands on drinking establishments; they are SIC Code 5813 requiring a conditional use in C-3 zoning districts. Respectfully, .cQrL�CL 9,2,+ieeram Anita Jenkins, AICP Division Director CC via email: Heidi Ashton-Cicko Jeffery A. Klatkow Ray Bellows Cormac Giblin Matt McLean Jamie French 2 Naples Daily News-09/02/2016 Page:D18 Public Notices Public Notices NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday, September 22, 2016, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples FL 34104,to consider: PETITION NO.ZVL(CUD)-PL20160001881-Naples 2.0 LLC requests affirmation of a Zoning Verification Letter issued by the Planning and Zoning Department pursuant to LDC Section 10.02.06, in which County staff determined that the proposed use of food truck park is comparable and compatible in nature to other permitted uses in the General Commercial - Bayshore Mixed Use Overlay District - Neighborhood Commercial Subdistrict (C-4-BMUD-NC).The subject property is located approximately one-quarter mile south of Tamiami Trail East,on the west side of Bayshore Drive,in Section 11,Township 50 South,Range 25 East, Collier County,Florida,consisting of 0.75±acres. All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of the staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section,2800 North Horseshoe Drive,Naples,FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing,he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. If you area person with adisabilitywho needs any accommodation in order to participate in this proceeding,you are entitled,at no cost to you,to the provision of certain assistance. Please contact .. the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239)252-8380,at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County,Florida September 2,2016 No.1245515 (c)Naples Daily News September 2,2016 7:43 am(GMT+4:00) Powered by TECNAVIA