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Agenda 04/22/2025 Item #16A12 (To waive the nighttime hearing requirement and advertise a Land Development Code (LDC) amendment at two regularly scheduled hearings)4/22/2025 Item # 16.A.12 ID# 2025-1104 Executive Summary Recommendation to waive the nighttime hearing requirement and hear a Land Development Code amendment related to the Immokalee Urban Area Overlay District at two regularly scheduled daytime Board of County Commissioners meetings and approve a request to advertise the Land Development Code Amendment. OBJECTIVE: To waive the nighttime hearing requirement and advertise a Land Development Code (LDC) amendment at two regularly scheduled hearings. CONSIDERATIONS: The Immokalee Area Planning Commission (IAPC) was formed in 1965, and Immokalee was governed under separate zoning regulations until 1982. The Land Development Code (LDC) would be amended later that year to define the Immokalee Area Planning District. In 1991, the Board of County Commissioners (Board) adopted provisions for the Immokalee Central Business District, providing written and graphical boundaries of the district. In 1997, the Board adopted another ordinance for the Immokalee area, establishing the State Road 29 Commercial Overlay District (SR29COD) and the Jefferson Avenue Commercial Overlay District (JACOD). These overlay districts were superseded the following year when the Immokalee Overlay District (Ordinance 1998-63) was established, which redesignated the SR29COD and the JACOD as subdistricts of the overlay. Ordinance 1998-63 also established three additional subdistricts: • Farm Market Overlay Sub-District • Agribusiness Overlay Sub-District, and the • Immokalee Central Business Sub-District. The Immokalee Overlay District was amended in 2000 when the Main Street Overlay Subdistrict was added. The Non- Conforming Mobile Home Park Overlay Subdistrict was established in 2002. Exhibit "A" lists LDC amendments specific to Immokalee between 1982 and today. When the County adopted the Growth Management Plan (GMP) in 1989, it recognized a need for a separate Sector Plan for the Immokalee Community. In addressing this need, the County adopted the Immokalee Area Master Plan (IAMP) as part of its batch amendments in connection with Ordinance 1991-15. The IAMP is in addition to and supplements the goals, objectives, and policies of the GMP. The major purposes of the IAMP were to create better coordination of land use and transportation planning, stimulate redevelopment and/or renewal of blighted areas, and eliminate land uses inconsistent with the community's character. The IAMP was amended 14 times between its initial adoption and 2019, when substantial changes were made in connection with Ordinance 2019-47. The most recent amendment to the IAMP occurred in 2023, which added the Transit-Oriented Development Subdistrict. In 2000, the Board created a Community Redevelopment Agency (CRA) to focus on the rehabilitation, conservation, or redevelopment of two distinct geographic areas in the County, one of which is the Immokalee Community Redevelopment Area. Later that year, the Board adopted the Community Redevelopment Plan (Resolution 2000-181) for a 30-year timeframe. The Community Redevelopment Plan was amended in 2019 and 2022, extending the Immokalee Redevelopment Area term to 2052. The amendment in 2022 outlined five goals for future redevelopment efforts for Immokalee based on community input: • Celebrating Culture • Economic Development • Housing • Infrastructure and • Implementation/Administration. This LDC amendment was created in coordination with the Immokalee CRA and a consultant to improve the existing LDC regulations and better implement the updated IAMP. The team worked with community stakeholders to analyze the existing regulations, including subdistricts, permitted, conditional, accessory uses, permitted and bonus densities, and dimensional and design standards, to identify conflicting provisions and potential impediments to redevelopment Page 1124 of 6355 4/22/2025 Item # 16.A.12 ID# 2025-1104 efforts. Substantive changes include but are not limited to the following: reorganization of existing overlay subdistricts and creation of new subdistricts; updated overlay maps; introduction of architectural and site design standards for the overlay; introduction of use tables per subdistrict; and reorganization of development standards for the various subdistricts. The Development Services Advisory Committee (DSAC) Recommendation: On September 4, 2024, the DSAC recommended approval of the LDC amendment. The Collier County Planning Commission (CCPC) Recommendation: On March 6, 2025, at a nighttime hearing, the CCPC recommended approval of the LDC amendment. It is staff's opinion that the public had an opportunity to address their concerns at this nighttime hearing and that a nighttime hearing by the Board will not be necessary. This item is consistent with the Collier County Strategic Plan objective to encourage diverse economic opportunities by fostering a business-friendly environment. FISCAL IMPACT: There are no anticipated fiscal or operational impacts to the County’s stakeholders associated with this LDC amendment. The costs associated with processing and advertising the proposed LDC amendment are estimated at $50. Funds have been allocated within the Unincorporated Area General Fund (1011) and the Comprehensive Planning Cost Center (138317). GROWTH MANAGEMENT IMPACT: No growth management impact is associated with this action. LEGAL CONSIDERATIONS: LDC section 10.03.06.K provides two Board meetings are required for LDC amendments initiated by the County that propose changes to the actual list of permitted, conditional, or prohibited uses of land within a zoning category, and at least one hearing shall be held after 5:00 p.m. on a weekday, unless the Board by supermajority vote the Board elects to waive the nighttime hearing and hold the hearing at another time of day. This item is approved as to form and legality, and it requires a supermajority vote for approval. -HFAC RECOMMENDATIONS: To waive the nighttime hearing requirement and hear a Land Development Code amendment related to the Immokalee Urban Area Overlay District, at two regularly scheduled daytime Board of County Commissioners meetings, and approve a request to advertise the Land Development Code Amendment. PREPARED BY: Eric L. Johnson, AICP, CFM, Planning Manager, Zoning Division ATTACHMENTS: 1. Draft Ordinance (04-14-2025) Page 1125 of 6355 [24-LDS-00314/1937227/1] 187 LDCA-20240004278 / 4.14.25 Page 1 of 95 Words struck through are deleted, words underlined are added ORDINANCE NO. 2025 – ___ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04- 41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE AND ZONING ATLAS, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, TO IMPLEMENT THE IMMOKALEE AREA MASTER PLAN ELEMENT OF THE GROWTH MANAGEMENT PLAN, TO CHANGE THE IMMOKALEE URBAN OVERLAY DISTRICT TO IMMOKALEE URBAN AREA OVERLAY DISTRICT (IUAOD) ZONING DISTRICT, TO REVISE, RENAME AND ADD SUBDISTRICTS, AND TO ESTABLISH USES, BOUNDARIES, AND DESIGN STANDARDS, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER TWO ZONING DISTRICTS AND USES, INCLUDING SECTION 2.03.07 OVERLAY ZONING DISTRICTS, SECTION 2.06.01 GENERALLY; CHAPTER FOUR SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SECTION 4.02.27 SPECIFIC DESIGN STANDARDS FOR THE IMMOKALEE—STATE ROAD 29A COMMERCIAL OVERLAY SUBDISTRICT, REPEALING SECTION 4.02.28 SPECIFIC DESIGN STANDARDS FOR THE IMMOKALEE—JEFFERSON AVENUE COMMERCIAL OVERLAY SUBDISTRICT, REPEALING SECTION 4.02.29 SPECIFIC DESIGN STANDARDS FOR THE IMMOKALEE—FARM MARKET OVERLAY SUBDISTRICT, REPEALING SECTION 4.02.30 SPECIFIC DESIGN STANDARDS FOR THE IMMOKALEE—AGRIBUSINESS OVERLAY SUBDISTRICT, REPEALING SECTION 4.02.31 SPECIFIC DESIGN STANDARDS FOR THE IMMOKALEE—CENTRAL BUSINESS OVERLAY SUBDISTRICT, REPEALING SECTION 4.02.32 SPECIFIC DESIGN STANDARDS FOR THE IMMOKALEE—MAIN STREET OVERLAY SUBDISTRICT, REPEALING SECTION 4.02.33 SPECIFIC DESIGN STANDARDS FOR NEW MOBILE HOME LOTS IN THE IMMOKALEE URBAN OVERLAY SUBDISTRICT; CHAPTER FIVE SUPPLEMENTAL STANDARDS, INCLUDING SECTION 5.03.02 FENCES AND WALLS, EXCLUDING SOUND WALLS; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. (PL20240004278) Page 1126 of 6355 [24-LDS-00314/1937227/1] 187 LDCA-20240004278 / 4.14.25 Page 2 of 95 Words struck through are deleted, words underlined are added Recitals WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners adopted Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LDC), which was subsequently amended; and WHEREAS, the Collier County Board of County Commissioners (Board) on June 22, 2004, adopted Ordinance No. 04-41, which repealed and superseded Ordinance No. 91-102, as amended, the Collier County Land Development Code, which had an effective date of October 18, 2004; and WHEREAS, on March 18, 1997, the Board adopted Resolution 97-177 establishing local requirements and procedures for amending the LDC; and WHEREAS, all requirements of Resolution 97-177 have been met; and WHEREAS, the Collier County Planning Commission, sitting as the land planning agency, did hold an advertised public hearing on March 6, 2025, and reviewed the proposed amendments for consistency with the Comprehensive Plan and did recommend approval; and WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold an advertised public hearing on ________, 2025, and did take action concerning these amendments to the LDC; and WHEREAS, the subject amendments to the LDC are hereby determined by this Board to be consistent with and to implement the Collier County Growth Management Plan as required by Subsections 163.3194 (1) and 163.3202 (1), Florida Statutes; and WHEREAS, this ordinance is adopted in compliance with and pursuant to the Community Planning Act (F.S. § 163.3161 et seq.), and F.S. § 125.01(1)(t) and (1)(w); and WHEREAS, this ordinance is adopted pursuant to the constitutional and home rule powers of Fla. Const. Art. VIII, § 1(g); and WHEREAS, all applicable substantive and procedural requirements of the law have otherwise been met. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: RECITALS The foregoing Recitals are true and correct and incorporated by reference herein as if fully set forth. Page 1127 of 6355 [24-LDS-00314/1937227/1] 187 LDCA-20240004278 / 4.14.25 Page 3 of 95 Words struck through are deleted, words underlined are added SECTION TWO: FINDINGS OF FACT The Board of Commissioners of Collier County, Florida, hereby makes the following findings of fact: 1. Collier County, pursuant to § 163.3161, et seq., F.S., the Florida Community Planning Act (herein after the “Act”), is required to prepare and adopt a comprehensive plan. 2. After adoption of the Comprehensive Plan, the Act and in particular § 163.3202(1). F.S., mandates that Collier County adopt land development regulations that are consistent with and implement the adopted comprehensive plan. 3. Section 163.3201, F.S., provides that it is the intent of the Act that the adoption and enforcement by Collier County of land development regulations for the total unincorporated area shall be based on, be related to, and be a means of implementation for, the adopted comprehensive plan. 4. Section 163.3194(1)(b), F.S., requires that all land development regulations enacted or amended by Collier County be consistent with the adopted comprehensive plan, or element or portion thereof, and any land regulations existing at the time of adoption which are not consistent with the adopted comprehensive plan, or element or portion thereof, shall be amended so as to be consistent. 5. Section 163.3202(3), F.S., states that the Act shall be construed to encourage the use of innovative land development regulations. 6. On January 10, 1989, Collier County adopted the Collier County Growth Management Plan (hereinafter the “Growth Management Plan” or “GMP”) as its comprehensive plan pursuant to the requirements of § 163.3161 et seq., F.S. 7. Section 163.3194(1)(a), F.S., mandates that after a comprehensive plan, or element or portion thereof, has been adopted in conformity with the Act, all development undertaken by, and all actions taken in regard to development orders by, governmental agencies in regard to land covered by such comprehensive plan or element shall be consistent with such comprehensive plan or element as adopted. 8. Pursuant to § 163.3194(3)(a), F.S., a development order or land development regulation shall be consistent with the comprehensive plan if the land uses, densities or intensities, and other aspects of development are compatible with, and further the objectives, policies, land uses, densities, or intensities in the comprehensive plan and if it meets all other criteria enumerated by the local government. Page 1128 of 6355 [24-LDS-00314/1937227/1] 187 LDCA-20240004278 / 4.14.25 Page 4 of 95 Words struck through are deleted, words underlined are added 9. Section 163.3194(3)(b), F.S., states that a development approved or undertaken by a local government shall be consistent with the comprehensive plan if the land uses, densities or intensities, capacity or size, timing, and other aspects of development are compatible with, and further the objectives, policies, land uses, densities, or intensities in the comprehensive plan and if it meets all other criteria enumerated by the local government. 10. On October 30, 1991, Collier County adopted the Collier County Land Development Code, which became effective on November 13, 1991. The Land Development Code adopted in Ordinance 91-102 was recodified and superseded by Ordinance 04-41. 11. Collier County finds that the Land Development Code is intended and necessary to preserve and enhance the present advantages that exist in Collier County; to encourage the most appropriate use of land, water and resources consistent with the public interest; to overcome present handicaps; and to deal effectively with future problems that may result from the use and development of land within the total unincorporated area of Collier County and it is intended that this Land Development Code preserve, promote, protect and improve the public health, safety, comfort, good order, appearance, convenience and general welfare of Collier County; to prevent the overcrowding of land and avoid the undue concentration of population; to facilitate the adequate and efficient provision of transportation, water, sewerage, schools, parks, recreational facilities, housing and other requirements and services; to conserve, develop, utilize and protect natural resources within the jurisdiction of Collier County; to protect human, environmental, social and economic resources; and to maintain through orderly growth and development, the character and stability of present and future land uses and development in Collier County. 12. It is the intent of the Board of County Commissioners of Collier County to implement the Land Development Code in accordance with the provisions of the Collier County Comprehensive Plan, Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and through these amendments to the Code. SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE * * * * * * * * * * * * * SUBSECTION 3.A. AMENDMENTS TO SECTION 2.03.07 OVERLAY ZONING DISTRICTS Section 2.03.07 Overlay Zoning Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: Section 2.03.07 Overlay Zoning Districts Page 1129 of 6355 [24-LDS-00314/1937227/1] 187 LDCA-20240004278 / 4.14.25 Page 5 of 95 Words struck through are deleted, words underlined are added * * * * * * * * * * * * * G. Immokalee Urban Overlay District. To create the Immokalee Urban Overlay District with distinct subdistricts for the purpose of establishing development criteria suitable for the unique land use needs of the Immokalee Community. The boundaries of the Immokalee Urban Overlay District are delineated on the maps below. Page 1130 of 6355 [24-LDS-00314/1937227/1] 187 LDCA-20240004278 / 4.14.25 Page 6 of 95 Words struck through are deleted, words underlined are added 1. State Road 29 Commercial Overlay Subdistrict: Special conditions for the properties abutting SR-29, as identified in the Immokalee Area Master Plan; referenced on Map 2; and further identified by the designation "SR29COSD" on the applicable official Collier County Zoning Atlas Maps. The purpose of this designation is to provide for retail, office, transient lodging facilities, and highway commercial uses that serve the needs of the traveling public. These commercial uses must be located on a major arterial or collector roadway. The provisions of this subdistrict are intended to provide an increased commercial depth along SR- 29 with development standards that will ensure coordinated access and appropriate landscaping and buffering compatible with nearby residential properties. Page 1131 of 6355 [24-LDS-00314/1937227/1] 187 LDCA-20240004278 / 4.14.25 Page 7 of 95 Words struck through are deleted, words underlined are added 2. Jefferson Avenue Commercial Overlay Subdistrict: Special conditions for the properties abutting Jefferson Avenue as identified in the Immokalee Area Master Plan; referenced on Map 3; and further identified by the designation "JACOSD" on the applicable official Collier County Zoning Atlas Maps. The purpose of this designation is to provide for retail, office, transient lodging facilities and highway commercial uses that serve the needs of the traveling public. These commercial uses must be located on a major arterial or collector roadway. The provisions of this subdistrict are intended to provide an increased commercial opportunity along Jefferson Avenue with development standards that will ensure coordinated access and appropriate landscaping and buffering to be compatible with nearby residential properties.2-03-07-G-2 Page 1132 of 6355 [24-LDS-00314/1937227/1] 187 LDCA-20240004278 / 4.14.25 Page 8 of 95 Words struck through are deleted, words underlined are added 3. Farm Market Overlay Subdistrict: Special conditions for the properties identified on Map 4; and further identified by the designation "FMOSD" on the applicable official Collier County Zoning Atlas Maps. The purpose of this designation is to provide for wholesale and retail uses, outdoor agricultural product displays and sales areas, truck parking, and packing houses and associated uses. The provisions of this subdistrict are intended to provide retail and wholesale opportunities for agricultural businesses as well as provide truck parking for agricultural sales but not within roadways and rights-of-way. The development standards contained herein have been designed to enhance and encourage development and redevelopment. a. Permitted uses: All permitted uses within the underlying zoning districts, and the following uses, as identified in the Standard Industrial Classification Manual (1987), are permitted as a right in this sub-district. 1. Agricultural Services (0723) 2. Wholesale Trade (5148) 3. Agricultural Outdoor Sales. Outdoor sales of agricultural products are permitted on improved or unimproved properties provided the applicant submits a site development plan which demonstrates that provisions will be made to adequately address the following: i. Vehicular and pedestrian traffic safety measures. ii. Parking for undeveloped properties will be calculated at a rate of 1/250 square feet of merchandise area. A maximum of ten (10) percent of the parking required by section 4.05.04 of this LDC may be occupied or otherwise rendered unusable by the placement of temporary structures, equipment, signs, and merchandise. The minimum number of disabled parking spaces pursuant to section 4.05.07 shall be required. iii. Limited hours of operation. iv. Fencing, lighting. v. Fire protection measures. vi. Sanitary facilities. Page 1133 of 6355 [24-LDS-00314/1937227/1] 187 LDCA-20240004278 / 4.14.25 Page 9 of 95 Words struck through are deleted, words underlined are added vii. The applicant shall provide a notarized letter from the property owner granting permission to utilize the subject property for agricultural outdoor sales. viii. The placement of one (1) sign, a maximum of thirty-two (32) square feet, or two (2) such signs for properties containing more than one (1) street frontage shall be permitted. ix. Agricultural products may be sold from a vehicle provided that the vehicle is not located in the road right-of-way. x. Agricultural products may be displayed within any front yard provided it does not adversely affect pedestrian or vehicular traffic or public health or safety and is not located within the road rights-of-way. xi. A minimum 5-foot landscape buffer shall be required adjacent to any road rights-of-way. 4. Petroleum Bulk Stations and Terminals (5171) and Petroleum and Petroleum Products Wholesalers, (5172 — gasoline: Buying in bulk and selling to farmers — wholesale only) provided: i. Separation requirements: There shall be a minimum distance of 500 linear feet between the nearest points on any lot or parcel of land containing such proposed operations, and any lot or parcel which is already occupied by such operation, of for which a building permit has been issued. ii. Waiver of separation requirements: The board of zoning appeals may by resolution grant a waiver of part or all of the minimum separation requirements set forth above pursuant to section 10.08.00. iii. Separation from residentially zoned lands: There shall be a minimum distance of 500 linear feet from all residentially zoned land. iv. Maximum lot area: Two acres. c. Accessory uses: 1. Uses and structures that are accessory and incidental to the permitted uses. Page 1134 of 6355 [24-LDS-00314/1937227/1] 187 LDCA-20240004278 / 4.14.25 Page 10 of 95 Words struck through are deleted, words underlined are added 4. Agribusiness Overlay Subdistrict. Special conditions for the properties identified on Map 5; and further identified by the designation "AOSD" on the applicable official Collier County Zoning Atlas Maps. The purpose of this designation is to provide for wholesale uses and agricultural packing houses and associated uses. The provisions of this subdistrict are intended to provide additional lands for agricultural related businesses and expansion opportunities for existing agribusiness. The development standards contained herein have been designed to permit consistent land uses within the AOSD boundary. a. Permitted uses: All permitted uses within the underlying zoning districts, and the following uses, as identified in the Standard Industrial Classification Manual (1987), are permitted as a right in this sub-district. 1. Agricultural Services (0723) 2. Wholesale Trade (5148) b. Accessory uses. 1. Uses and structures that are accessory and incidental to the permitted uses. Page 1135 of 6355 [24-LDS-00314/1937227/1] 187 LDCA-20240004278 / 4.14.25 Page 11 of 95 Words struck through are deleted, words underlined are added 5. Main Street Overlay Subdistrict. Special conditions for the properties identified in the Immokalee Area Master Plan; referenced on Map 7; and further identified by the designation "MSOSD" on the applicable official Collier County Zoning Atlas Maps. The purpose of this designation is to encourage development and redevelopment by enhancing and beautifying the downtown Main Street area through flexible design and development standards. a. Permitted uses. For all properties within the Main Street Overlay Subdistrict, except for properties hatched as indicated on Map 7, the Main Street Overlay Subdistrict, all permitted uses within the uses within the underlying zoning districts contained within this Subdistrict, and the following uses may be permitted as of right in this Subdistrict: 1. Hotel and motels (7011) 2. Communication towers, as defined in section 5.05.09, subject to the following: i. Such tower is an essential service use as defined by subsection 2.01.03 A.4; and ii. Such tower may not exceed a height of 75 feet above grade including any antennas attached thereto. b. Permitted uses. For hatched properties within the Main Street Overlay Subdistrict, all permitted uses within the underlying zoning districts contained within this Subdistrict, and the following uses are permitted as of right in this Subdistrict: Page 1136 of 6355 [24-LDS-00314/1937227/1] 187 LDCA-20240004278 / 4.14.25 Page 12 of 95 Words struck through are deleted, words underlined are added 1. All uses allowed in the Commercial Professional District (C-1), of this Code, except for group 7521. 2. Communication towers, as defined in section 5.05.09 subject to the following: i. Such tower is an essential service use as defined by subsection 2.01.03 A.4; and ii. Such tower may not exceed a height of 75 feet above grade including any antennas attached thereto. c. Prohibited uses. All uses prohibited within the underlying residential and commercial zoning districts contained within this Subdistrict, and the following uses, shall be prohibited on properties with frontage on Main Street in between First Street and Ninth Street in the Main Street Overlay Subdistrict: 1. Automobile parking (7521). 2. Automotive dealers (5511, 5521, 5531 installation, 5551, 5561, 5571, 5599). 3. Facility with fuel pumps. 4. Primary uses such as convenience stores and grocery stores are prohibited from servicing and repairing vehicles in conjunction with the sale of gasoline. 5. Automotive repair, services, parking (7514, 7515, 7521) and carwashes (7542). 6. Radio and television repair shops (7622 automotive). 7. Outdoor storage yards and outdoor storage. 8. Drive-through areas. 9. Warehousing (4225). 10. Communication towers, as defined in section 5.05.09 of this Code, except as otherwise permitted in this Subdistrict. 11. Any other heavy commercial use which is comparable in nature with the forgoing uses and is deemed inconsistent with the intent of this Subdistrict shall be prohibited. d. Accessory uses. Page 1137 of 6355 [24-LDS-00314/1937227/1] 187 LDCA-20240004278 / 4.14.25 Page 13 of 95 Words struck through are deleted, words underlined are added 1. Uses and structures that are accessory and incidental to the permitted uses as of right in the underlying zoning districts contained within this subdistrict and are not otherwise prohibited by this subdistrict. 2. Communication towers, as defined in section 5.05.09 subject to the following: i. Such tower is an essential service use as defined by subsection 2.01.03 A.4.; and ii. Such tower may not exceed a height of 75 feet above grade including any antennas attached thereto. e. Conditional uses. 1. Conditional uses of the underlying zoning districts contained within the subdistrict, subject to the standards and procedures established in LDC section 10.08.00 and as set forth below: i. Local and suburban passenger transportation (4131, 4173) located upon commercially zoned properties within the Main Street Overlay Subdistrict. ii. Communication towers, as defined in section 5.05.09 of this Code for essential service uses as defined by subsection 2.01.03 A.4 that exceed a height of 75 feet above grade including any antennas attached thereto. iii. The following conditional uses may be permitted only on properties with frontage on North First Street, South First Street, and North Ninth Street within the Main Street Overlay Subdistrict: a. Automobile parking (7521). b. Automotive dealers (5511, 5521, 5531 installation, 5551, 5561, 5571, 5599). c. Facility with fuel pumps. d. Automotive repair, services, parking (7514, 7515, 7521) and carwashes (7542). e. Radio and television repair shops (7622 automotive). f. Outdoor storage yards and outdoor storage. g. Drive-through areas. Page 1138 of 6355 [24-LDS-00314/1937227/1] 187 LDCA-20240004278 / 4.14.25 Page 14 of 95 Words struck through are deleted, words underlined are added h. Warehousing (4225). i. Communication towers, as defined in LDC section 5.05.09, except as otherwise permitted in this Subdistrict. f. Special requirements for outdoor display and sale of merchandise. i. Outdoor display and sale of merchandise, within the front and side yards on improved properties, are permitted subject to the following provisions: a) The outdoor display/sale of merchandise is limited to the sale of comparable merchandise sold on the premises and is indicated on the proprietors' occupational license. b) The outdoor display/sale of merchandise is permitted on improved commercially zoned properties and is subject to the submission of a site development plan that demonstrates that provisions will be made to adequately address the following: i) Vehicular and pedestrian traffic safety measures. ii) Location of sale/display of merchandise in relation to parking areas. iii) Fire protection measures. iv) Limited hours of operation from dawn until dusk. ii. Outdoor display and sale of merchandise within the sidewalk area only shall be permitted in conjunction with "Main Street" approved vendor carts, provided the applicant submits a site development plan which demonstrates that provisions will be made to adequately address the following: a) Location of sale/display of merchandise in relation to road rights-of-way; b) Vendor carts are located on sidewalks that afford the applicant a five (5) foot clearance for non-obstructed pedestrian traffic; and c) Limited hours of operation from dawn until dusk. Page 1139 of 6355 [24-LDS-00314/1937227/1] 187 LDCA-20240004278 / 4.14.25 Page 15 of 95 Words struck through are deleted, words underlined are added 6. Nonconforming Mobile Home Site Overlay Subdistrict. Establishment of special conditions for these properties which by virtue of actions preceding the adoption of Ordinance No. 91-102, on October 30, 1991, were deemed to be nonconforming as a result of inconsistencies with the land development code, and are located within the Immokalee Urban Boundary as depicted on the Immokalee Area Master Plan. a. Purpose and intent. The purpose of these provisions is to recognize that there are nonconforming mobile homes on properties in the Immokalee Urban Area and to establish a process to provide property owners an official record acknowledging the permitted use of the property and render existing mobile homes, and other structures, as lawful. Travel trailers, regardless of the square footage, are not permitted as a permanent habitable structure and may not seek relief under this section. Properties that cannot meet the requirements may pursue an agreement with the Board of County Commissioners to establish compliance with this LDC section 2.03.07 G.6. b. Application requirements. Property owners shall file an application as provided for in the Administrative Code, Chapter 4, Section I.3.a. - Immokalee Nonconforming Mobile Home Sites - Existing Conditions Site Improvement Plan and shall only be subject to the criteria, requirements, and process expressly stated in the Administrative Code and this LDC section. c. Criteria for review. The following criteria shall apply to the existing conditions site improvement plan approval process and shall be reviewed by the County Manager or designee. i. Minimum separation requirements shall be consistent with State Fire Marshal Rule 69A-42.0041 Fire Separation Requirements. ii. The Fire authority having jurisdiction shall provide written confirmation that either the existing fire hydrant(s) or a supplemental apparatus, provided by the Fire District, can supply the required fire flow needed for fire protection. Page 1140 of 6355 [24-LDS-00314/1937227/1] 187 LDCA-20240004278 / 4.14.25 Page 16 of 95 Words struck through are deleted, words underlined are added iii. NFPA 501A: Standard for Fire Safety Criteria for Manufactured Home Installations, Sites, and Communities as referenced in FAC 69A-60.005. d. Density. Once the existing conditions site improvement plan is approved, owners may replace mobile home units with an approved building permit at sites shown on the site plan. Replacement units may be larger than the removed unit, so long as the minimum separation standards established in LDC section 2.03.06 G.6.c.i are met. i. Where properties currently exceed the density allowed for by the zoning district, the approved existing conditions site improvement plan shall establish the maximum density on the property which shall not exceed the density of the property as depicted on the Property Appraiser aerial maps dated before February 2016. All lots and units shall be consistent with the approved existing conditions site improvement plan. ii. Where the zoning district allows for additional density, new mobile home units may be added and shall be identified on the site plan. New mobile homes shall be subject to the dimensional standards established in LDC section 4.02.33. 7. Interim Deviations: Property owners within the Immokalee Urban Overlay District may request deviations from specific dimensional requirements as described in this section. A deviation request may be reviewed administratively or by the Planning Commission depending upon its scope. This section addresses the permissible deviations, limitations thereon, and the review process. a. Review Process. Insubstantial deviations will be reviewed administratively by the County Manager or designee. Substantial deviations will be reviewed by the Planning Commission. This section is not intended to replace the current established process of requesting deviations through the PUD rezoning process. Any deviations from the LDC which are not expressly provided for in this section shall be processed as variances in accordance with Section 9.04.00 of the LDC. b. Concurrent Deviation Application required. All deviation requests shall be made concurrently with an application for an SDP or amendment, SIP or amendment or Final Subdivision Plat, or in the case of sign deviations, with a building permit. The applicant shall list all requested deviations on the required site plan(s), and shall depict the deviation(s) graphically on the plan(s). Additional graphic information may also be required by staff, on a case-by case basis. c. Insubstantial Deviations. Requested deviations that do not exceed 10 percent of the required dimension, amount, size, or other applicable dimensional standard, with the exception of the required number of parking spaces, which may not exceed 20 percent of the LDC requirement (not more than 10 spaces), are insubstantial. To be approved, the following criteria must be considered: Page 1141 of 6355 [24-LDS-00314/1937227/1] 187 LDCA-20240004278 / 4.14.25 Page 17 of 95 Words struck through are deleted, words underlined are added i. The proposed deviation is compatible with adjacent land uses and structures, achieves the requirements of the regulations as closely as is practicable, and meets the intent of the related Land Development Code regulations; and ii. The applicant proposes equitable tradeoffs for the proposed diminution in development standards, such as increased open space, landscaping, pedestrian spaces, buffering or architectural features, in order to meet the intent of the regulation being diminished. d. Substantial Deviations. Requested deviations that do not qualify as insubstantial deviations are substantial deviations: i. Considerations for Review and Approval: The CCPC shall consider the following: a) Whether or not the proposed deviation is compatible with adjacent land uses and achieves the requirements and/or intent of the regulations as closely as is practicable; and b) Whether the proposed deviation is the minimum amount necessary to allow for reasonable use of the property and/or address the issue necessitating the deviation request; and c) Whether the reduced or increased standard requested by the deviation is mitigated for, either on the subject site or by providing a public benefit on the subject site. Examples of such on-site mitigation include but are not limited to: increasing setbacks from the adjacent road right-of-way when proposing to deviate from sign size limitations; increasing plantings or planting sizes or installing a fence or wall where a reduced buffer width is proposed; providing public pedestrian and/or bicycle pathway easements or other similar mobility improvements including transit enhancements; providing public parking; providing beautification in the public realm, including street trees, street furniture, lighting and other similar public benefits. e. Applicability - List of Development Standards Eligible for Deviation Requests. Property owners shall be eligible to seek a deviation from the dimensional requirements of the following LDC sections, unless otherwise noted. i. 2.03.01 Agricultural Zoning Districts, limited to subsection A.1.b.4.ii. ii. 2.03.03 Commercial Zoning Districts, limited to the following subsections: Page 1142 of 6355 [24-LDS-00314/1937227/1] 187 LDCA-20240004278 / 4.14.25 Page 18 of 95 Words struck through are deleted, words underlined are added a) A.1.c.11.vii. limited to a maximum of three stories, viii., and ix.; and b) E.1.c.4.iv. iii. 2.03.04 Industrial Zoning Districts, limited to subsection A.1.c.2.iv., minimum lot area only. iv. 3.05.07 B.1 Preservation Standards, Specific Standards Applicable Outside the RMFU and RLSA districts, Required Preservation Percentages (Table 1 inset). v. 4.02.01 A Dimensional Standards for Principal Uses in Base Zoning Districts: a) Table 1. Lot Design Requirements for Principal Uses in Base Zoning Districts; b) Table 2. Building Dimension Standards for Principal Uses in Base Zoning Districts, excluding building height and in the case of commercial parcels, no deviation shall be granted, for new development, from the required 50-foot building setback when abutting residentially zoned properties, or from the minimum 10-foot wide landscaped strip between the abutting road right-of-way and the off- street parking area for new development, but deviations from these requirements may be considered in the case of redevelopment where existing structures and/or encroachments are proposed to remain; c) Table 2.1 - Table Of Minimum Yard Requirements (Setbacks) for Base Zoning Districts. vi. 4.02.02 Dimensional Standards for Conditional Uses and Accessory Uses in Base Zoning Districts, limited to subsection E (Table Inset), except building height. vii. 4.02.03 Specific Standards for Location of Accessory Buildings and Structures, Dimensional Standards, except that in the case of new development on commercial parcels, no deviation shall be granted from the required 50-foot building setback when abutting residentially zoned properties, or from the minimum 10-foot wide landscaped strip between the abutting road right-of-way and the off-street parking area. Deviations from these requirements may be considered in the case of redevelopment where existing structures and/or encroachments are proposed to remain. viii. 4.02.03 B Accessory Building Lot Coverage. Page 1143 of 6355 [24-LDS-00314/1937227/1] 187 LDCA-20240004278 / 4.14.25 Page 19 of 95 Words struck through are deleted, words underlined are added ix. 4.02.27 C Specific Design Standards for the Immokalee—State Road 29A Commercial Overlay Subdistrict, Building Design Standards. x. 4.02.28 A Same—Jefferson Avenue Commercial Overlay Subdistrict, Building Design Standards. xi. 4.02.29 A Same—Farm Market Overlay Subdistrict, Dimensional Standards. xii. 4.02.32 Same—Main Street Overlay Subdistrict, limited to the following subsections: A.; C.1; D.3 and D.4; and E.1, E.2, and E.3.xiii. 4.05.04 G (Spaces Required) Table 17 and 4.05.06 B Loading Space Requirements, utilizing the existing administrative deviation process set forth in LDC section 4.05.04 F.4., recognizing that the reduced need for off-street parking in Immokalee may be offered as a viable basis for such administrative deviation. xiv. 4.06.02 C Buffer Requirements (limited to required width) except that in the case of new development on commercial parcels, no deviation shall be granted from the required 50-foot building setback when abutting residentially zoned properties, or from the minimum 10-foot wide landscaped strip between the abutting road right-of-way and the off-street parking area. Deviations from these requirements may be considered in the case of redevelopment where existing structures and/or encroachments are proposed to remain. xv. 4.06.03 B Landscaping Requirements for Vehicular Use Areas and Rights-of-Way, Standards for Landscaping in Vehicular Use Areas. xvi. 4.06.05 B General Landscaping Requirements, Landscaping requirements for industrial and commercial development, limited to subsection B.3. xvii. 4.06.05 C General Landscaping Requirements, Building Foundation Planting Requirements (including Table Inset). xviii. 5.05.08 C Architectural and Site Design Standards, Building Design Standards. Deviations from non-dimensional provisions of this section are also allowed as substantial deviations. xix. 5.05.08 D Design Standards for Specific Uses. Deviations from non-dimensional provisions of this section are also allowed as substantial deviations. xx. 5.05.08 E Architectural and Site Design Standards, Site Design Standards, limited to subsections 1.b; 2; 3; 4; 5 and 7. Deviations from non-dimensional provisions of this section are also allowed Page 1144 of 6355 [24-LDS-00314/1937227/1] 187 LDCA-20240004278 / 4.14.25 Page 20 of 95 Words struck through are deleted, words underlined are added as substantial deviations. Note: Nothing in LDC section 5.05.08, Architectural and Site Design Standards, shall be deemed to prohibit the use of murals on exterior walls of commercial buildings in the Immokalee Urban Overlay District, provided that: 1) such murals are reviewed and accepted by the Collier County Redevelopment Agency staff; and 2) such murals do not contain text for the purpose of advertising any business or commercial activity. xxi. 5.06.04 Development Standards for Signs in Nonresidential Districts, limited to subsection F. f. Duration of these provisions. These provisions are interim in nature and will be in effect until the effective date of Comprehensive Immokalee Overlay LDC amendments. g. Public Notice. Public notice, including signage, notice to property owners and an advertised public hearing, is required for substantial deviation requests and shall be provided in accordance with the applicable provisions of Section 10.03.05 B, for Variances. h. Appeals. Within 30 days of the issuance of the decision of staff or of the CCPC, the owner or any aggrieved person may appeal the decision to the Board of Zoning Appeals pursuant to Section No. 250-58 of the Codes of Laws and Ordinances. G. Immokalee Urban Area Overlay District (IUAOD). 1. Purpose and intent. The purpose and intent of the IUAOD is to implement the goals, objectives, and policies of the Immokalee Area Master Plan (IAMP) and establish development criteria suitable for the unique character and land use needs of the Immokalee Community. This section, along with LDC section 4.02.27, provides support and implements the community’s vision and the goals, objectives, and policies established through the IAMP. 2. Applicability. a. These regulations shall apply to the Immokalee Urban Area Overlay District as identified by the designation “IUAOD” on the official Collier County Zoning Atlas Maps. The boundary of the IUAOD is delineated on the Map below: Page 1145 of 6355 [24-LDS-00314/1937227/1] 187 LDCA-20240004278 / 4.14.25 Page 21 of 95 Words struck through are deleted, words underlined are added Map 1 - Immokalee Urban Area Overlay District Boundary b. The use regulations within this LDC section and the design standards of LDC section 4.02.27 shall apply to all properties within the IUAOD as depicted on Map 1. c. Properties within the IUAOD may establish uses, densities, and intensities in accordance with the IUAOD or the underlying zoning classification. However, in either instance, the design standards of the IUAOD pursuant to LDC section 4.02.27 shall apply. d. Planned Unit Developments (PUDs) that existed prior to {effective date of this ordinance}, and properties with Provisional Uses (PU) approved prior to {effective date of this ordinance}, including amendments or boundary changes to theses PUDs and Provisional Use properties, are not subject to the IUAOD requirements. Any PUD proposed after {effective date of this ordinance} shall apply the provisions of the IUAOD, unless a deviation is approved in accordance with LDC section 4.02.27 J. Page 1146 of 6355 [24-LDS-00314/1937227/1] 187 LDCA-20240004278 / 4.14.25 Page 22 of 95 Words struck through are deleted, words underlined are added 3. Establishment of subdistricts. a. Main Street Overlay Subdistrict (MSOS). The purpose of this subdistrict is to encourage development and redevelopment by enhancing and beautifying the Main Street area through design and development standards that promote an urban form and a walkable environment. The subdistrict is identified on Map 2 below and further identified by the designation "MSOS" on the applicable official Collier County Zoning Atlas Maps. Map 2 – Main Street Overlay Subdistrict Page 1147 of 6355 [24-LDS-00314/1937227/1] 187 LDCA-20240004278 / 4.14.25 Page 23 of 95 Words struck through are deleted, words underlined are added b. State Road 29A Commercial Overlay Subdistrict (SR29OS). The purpose of the SR29OS designation is to encourage appropriate commercial development along SR 29A. These commercial uses must be located on a major arterial or collector roadway. The provisions of this subdistrict are intended to provide broader commercial uses along the SR-29 corridor and with development standards contained in LDC section 4.02.27 D. to ensure coordinated access and appropriate landscaping and buffering compatible with nearby residential properties. The subdistrict is identified on Map 3 below and further identified by the designation "SR29OS" on the applicable official Collier County Zoning Atlas Maps. Map 3 – S.R. 29A Commercial Overlay Subdistrict Page 1148 of 6355 [24-LDS-00314/1937227/1] 187 LDCA-20240004278 / 4.14.25 Page 24 of 95 Words struck through are deleted, words underlined are added c. Reserved. d. Jefferson Avenue Commercial Overlay Subdistrict (JACOS). The purpose of the JACOS designation is to provide retail, office, transient lodging facilities and highway commercial uses that serve the needs of the traveling public. These commercial uses must be located on a major arterial or collector roadway. The provisions of this subdistrict are intended to provide increased commercial opportunity along Jefferson Avenue with development standards contained in LDC section 4.02.27 G.; and ensure coordinated access, appropriate landscaping and buffering to be compatible with nearby residential properties. The subdistrict is identified on Map 5 below and further identified by the designation "JACOS" on the applicable official Collier County Zoning Atlas Maps. Map 5 – Jefferson Avenue Commercial Overlay Subdistrict Page 1149 of 6355 [24-LDS-00314/1937227/1] 187 LDCA-20240004278 / 4.14.25 Page 25 of 95 Words struck through are deleted, words underlined are added e. Agribusiness/Farm Market Overlay Subdistrict (AFOS) The purpose of the AFOS designation is to support the agriculture industry and related businesses. The provisions of this subdistrict are intended to allow uses such as production, processing, and distribution of farm-based goods, as well as ancillary and accessory uses, including but not limited to, retail sales, warehousing/storage, equipment repair and agricultural technology and research. The subdistrict is identified on Map 6 below and further identified by the designation "AFOS" on the applicable official Collier County Zoning Atlas Maps. Map 6 – Agribusiness/Farm Market Overlay Subdistrict Page 1150 of 6355 [24-LDS-00314/1937227/1] 187 LDCA-20240004278 / 4.14.25 Page 26 of 95 Words struck through are deleted, words underlined are added f. Industrial Mixed Use Commercial Overlay Subdistrict (IMCOS). The purpose of the IMCOS designation (Map 7) is to allow uses contained within the Industrial – Mixed Use Subdistrict with complementary commercial uses as listed in Table 1 – Table of Uses for the IUAOD Subdistricts. The overlay comprises approximately 363 acres of which a maximum of 30 percent or approximately 109 acres shall be commercial uses as permitted in the C-4 and C-5 zoning districts. The subdistrict is identified on Map 7 below and further identified by the designation "IMCOS" on the applicable official Collier County Zoning Atlas Maps. Map – 7 Industrial Mixed Use Commercial Overlay Subdistrict Page 1151 of 6355 [24-LDS-00314/1937227/1] 187 LDCA-20240004278 / 4.14.25 Page 27 of 95 Words struck through are deleted, words underlined are added g. Nonconforming Mobile Home Site Overlay Subdistrict. i. Establishment of special conditions for these properties, which by virtue of actions preceding the adoption of Ordinance No. 91-102 on October 30, 1991, were deemed to be nonconforming as a result of inconsistencies with the Land Development Code, and are located within the Immokalee Urban Boundary as depicted on the Immokalee Area Master Plan of the Collier County Growth Management Plan. ii. The purpose of these provisions is to recognize that there are nonconforming mobile homes on properties in the Immokalee Urban Area and to establish a process to provide property owners an official record acknowledging the permitted use of the property and render existing mobile homes, and other structures, as lawful. Travel trailers, regardless of the square footage, are not permitted as a permanent habitable structure and may not seek relief under this section. Properties that cannot meet the requirements may pursue an agreement with the Board of County Commissioners to establish compliance with the following regulations. iii. Property owners shall file an application as provided for in the Administrative Code, Chapter 4, Section I.3.a. - Immokalee Nonconforming Mobile Home Sites - Existing Conditions Site Improvement Plan and shall only be subject to the criteria, requirements, and process expressly stated in the Administrative Code and this LDC section. iv. The following criteria shall apply to the existing conditions site improvement plan approval process and shall be reviewed by the County Manager or designee. a) Minimum separation requirements shall be consistent with State Fire Marshal Rule 69A-42.0041 Fire Separation Requirements. b) The Fire authority having jurisdiction shall provide written confirmation that either the existing fire hydrant(s) or a supplemental apparatus, provided by the Fire District, can supply the required fire flow needed for fire protection. c) NFPA 501A: Standard for Fire Safety Criteria for Manufactured Home Installations, Sites, and Communities as referenced in FAC 69A-60.005. v. Once the existing conditions site improvement plan is approved, owners may replace mobile home units with an approved building permit at sites shown on the site plan. Replacement units may be larger than the removed unit, so long as the minimum separation standards established in LDC section 2.03.06 G.6.c.i are met. Page 1152 of 6355 [24-LDS-00314/1937227/1] 187 LDCA-20240004278 / 4.14.25 Page 28 of 95 Words struck through are deleted, words underlined are added a) Where properties currently exceed the density allowed for by the zoning district, the approved existing conditions site improvement plan shall establish the maximum density on the property which shall not exceed the density of the property as depicted on the Property Appraiser aerial maps dated before February 2016. All lots and units shall be consistent with the approved existing conditions site improvement plan. b) Where the zoning district allows for additional density, new mobile home units may be added and shall be identified on the site plan. New mobile homes shall be subject to the dimensional standards established in LDC section 4.02.27.I. 4. Uses allowed within the IUAOD. a. Mobile food dispensing vehicles, permanent, may be allowed on lands zoned Community Facility District (CF) within the IUAOD, subject to Conditional Use approval and contingent upon compliance with LDC section 5.05.16. b. All agriculturally zoned lands within the IUAOD shall allow agricultural research and development facilities, agri-business offices and headquarters, and facilities, offices, headquarters and apparatuses associated with an alternative energy use. c. All residentially zoned lands within the IUAOD shall allow small agriculture-related business uses, such as fruit and vegetable stands, and farmers markets, through the conditional use process. d. Table of Uses. i. The Table of Uses identifies uses as permitted uses (P) or Conditional Uses (CU). Conditional uses shall require approval in accordance with the procedures set forth in LDC section 10.08.00. ii. In addition to the uses allowed by the underlying zoning district, all properties within the IUAOD shall be allowed the following uses within the respective subdistrict(s), as specified below: Table 1. Table of Uses for the IUAOD Subdistricts Use Category MSOS SR29OS JACOS AFOS IMCOS All Business Park (BP) district uses P All Heavy Commercial (C-5) district uses P Page 1153 of 6355 [24-LDS-00314/1937227/1] 187 LDCA-20240004278 / 4.14.25 Page 29 of 95 Words struck through are deleted, words underlined are added All Research and Technology Park PUD (RTPPUD) uses P Drive through areas CU2 CU4 P4 Agricultural Uses Agricultural outdoor sales1 P P P Crop preparation services for market, except cotton ginning (0723) P Petroleum bulk stations and terminals (5171) P P Petroleum and petroleum products wholesalers, except bulk stations and terminals (5172 - gasoline: buying in bulk and selling to farmers-wholesale only) P P Commercial Uses Arrangement of passenger transportation (4724-4729) P Auctioneering services, auction rooms (7389, 5999) CU CU Auto and home supply stores (5531 installation) CU2 Automobile parking (7521) CU2 Automotive dealers, not elsewhere classified (5599) CU2 Automotive rental and leasing, without drivers (7514, 7515) CU2 Boat dealers (5551) CU Carwashes (7542) CU2 Eating and drinking places (5812, 5813) All establishments engaged in the retail sale of alcoholic beverages for on-premise P Page 1154 of 6355 [24-LDS-00314/1937227/1] 187 LDCA-20240004278 / 4.14.25 Page 30 of 95 Words struck through are deleted, words underlined are added consumption are subject to the locational requirements of LDC section 5.05.01. Equipment rental and leasing (7359) P Farm-product raw materials (5153- 5159) P P P Gasoline service stations (5541) CU2 Hotels and motels (7011) P P Intercity and rural bus transportation (4131) CU CU CU CU Motor vehicle dealers, new and used (5511, 5521) CU2 Motorcycle dealers (5571) CU2 Radio and television repair shops (7622 - automotive radio repair shops only) CU2 Recreational vehicle dealers (5561) CU2 Repair shops and related services (7699) P3 P3 Terminal and service facilities for motor vehicle passenger transportation (4173) CU CU CU CU CU Veterinary services (0741 and 0742, excluding outdoor kenneling) P CU Wireless communication facilities CU Industrial Uses Arrangement of transportation freight and cargo (4731) P Electric, gas, and sanitary services (4911-4971) CU Farm product warehouse and CU Page 1155 of 6355 [24-LDS-00314/1937227/1] 187 LDCA-20240004278 / 4.14.25 Page 31 of 95 Words struck through are deleted, words underlined are added storage (4221) General warehousing and storage (4225) CU2 P P Local and suburban transit and interurban highway passenger transportation (4111-4121, 4141- 4151) CU CU CU CU CU Miscellaneous services incidental to transportation (4783, 4789) P Outdoor storage yards CU2 P P Refrigerated warehousing and storage (4222) CU Rental of railroad cars (4741) P Special warehousing and storage (4226) CU Transportation by air (4512-4581) P Trucking and courier services, except air (4212-4215) CU Vocational schools (8243-8249) P Wholesale trade (5148) P P Notes: 1 Outdoor sales of agricultural products are permitted on improved or unimproved properties provided the applicant submits a site development plan which demonstrates that provisions will be made to adequately address the following: a) Vehicular and pedestrian traffic safety measures. b) Parking for undeveloped properties will be calculated at a rate of 1/250 square feet of merchandise area. A maximum of 10 percent of the parking required by LDC section 4.05.04 may be occupied or otherwise rendered unusable by the placement of temporary structures, equipment, signs, and merchandise. The minimum number of disabled parking spaces pursuant to LDC section 4.05.07 shall be required. c) Limited hours of operation. d) Fencing, lighting. e) Fire protection measures. f) Sanitary facilities. g) The applicant shall provide a notarized letter from the property owner granting permission to utilize the subject property for agricultural outdoor sales. Page 1156 of 6355 [24-LDS-00314/1937227/1] 187 LDCA-20240004278 / 4.14.25 Page 32 of 95 Words struck through are deleted, words underlined are added h) The placement of one (1) sign, a maximum of thirty-two (32) square feet, or two (2) such signs for properties containing more than one (1) street frontage shall be permitted. i) Agricultural products may be sold from a vehicle provided that the vehicle is not located in the road right-of-way. j) Agricultural products may be displayed within any front yard provided it does not adversely affect pedestrian or vehicular traffic or public health or safety and is not located within the road rights-of-way. k) Opaque fencing shall be required adjacent to any road right-of-way. 2 Permitted only on properties with frontage on North First Street, South First Street, and North Ninth Street within the Main Street Overlay Subdistrict. 3 Limited to Agricultural equipment repair, industrial truck repair, machinery cleaning, repair of service station equipment, tractor repair. 4 Conditional use applies unless allowed within the underlying zoning district. e. Prohibited Uses. Main Street Overlay Subdistrict - All uses prohibited within the underlying residential and commercial zoning districts contained within this Subdistrict, and the following uses, shall be prohibited on properties with frontage on Main Street in between First Street and Ninth Street in the Main Street Overlay Subdistrict: i. Automobile parking (7521) ii. Automotive dealers (5511, 5521, 5531 installation, 5551, 5561, 5571, 5599). iii. Facility with fuel pumps. iv. Primary uses such as convenience stores and grocery stores are prohibited from servicing and repairing vehicles in conjunction with the sale of gasoline. v. Automotive repair, services, parking (7514, 7515, 7521) and carwashes (7542). vi. Radio and television repair shops (7622 automotive). vii. Outdoor storage yards and outdoor storage. viii. Drive-through areas. ix. Warehousing (4225). x. Wireless communication facilities, as defined in LDC section 5.05.09, except as otherwise permitted in this Subdistrict. xi. Any other heavy commercial use which is comparable in nature with the forgoing uses and is deemed inconsistent with the intent of this Subdistrict shall be prohibited. * * * * * * * * * * * * * SUBSECTION 3.B. AMENDMENTS TO SECTION 2.06.01 GENERALLY Section 2.06.01 Generally, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: Page 1157 of 6355 [24-LDS-00314/1937227/1] 187 LDCA-20240004278 / 4.14.25 Page 33 of 95 Words struck through are deleted, words underlined are added Section 2.06.01 Generally * * * * * * * * * * * * D. In order to qualify for the AHDB for a development, the developer must apply for and obtain the AHDB from the County for a development in accordance with this section, especially in accordance with the provisions of the AHDB program, including the AHDB rating system, the AHDB monitoring program, and the limitations on the AHDB. * * * * * * * * * * * * * 4. Review and recommendation by the County Manager or designee. After receipt of a completed application for AHDB, the County Manager or designee must review and evaluate the application in light of the AHDB rating system, the AHDB monitoring program and the requirements of this section. The County Manager or designee must coordinate with the Zoning Division director or designee to schedule the AHDB application with the companion application for a PUD, rezoning, SRA, or conditional use, and must recommend to the planning commission and the Board of County Commissioners (BCC) to deny, grant, or grant with conditions, the AHDB application. The recommendation of the County Manager or designee must include a report in support of recommendation. If the AHDB application is for a density bonus that is permitted by right, with no companion application for a PUD, rezoning, SRA, or Conditional Use, then, after review of the application in light of the AHDB rating system, the AHDB monitoring program and the requirements of this section, the County Manager or designee shall schedule the AHDB agreement for consideration by the BCC. * * * * * * * * * * * * * SUBSECTION 3.C. AMENDMENTS TO SECTION 4.02.27 SPECIFIC DESIGN STANDARDS FOR THE IMMOKALEE—STATE ROAD 29A COMMERCIAL OVERLAY SUBDISTRICT Section 4.02.27 Specific Design Standards for the Immokalee—State Road 29A Commercial Overlay Subdistrict, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: Section 4.02.27 Architectural and Site Design Standards for the Immokalee Urban Area Overlay District (IUAOD)Specific Design Standards for the Immokalee—State Road 29A Commercial Overlay Subdistrict A. Access points to SR-29 shall comply with Florida State Department of Transportation (FDOT) permitting regulations. Parcels that have 440-feet or less of street frontage shall provide access off existing adjacent roadways, when possible, and should not directly access SR-29. Page 1158 of 6355 [24-LDS-00314/1937227/1] 187 LDCA-20240004278 / 4.14.25 Page 34 of 95 Words struck through are deleted, words underlined are added B. Owners of lots or combinations of lots having less than the required street frontage may petition the Board of Zoning Appeals for a variance from the standard in this subdistrict as will not be contrary to the public interest when owing to special conditions peculiar to the property, a literal enforcement of these standards would result in unnecessary and undue hardship. C. Building design standards. 1. Buildings shall be set back from SR-29 a minimum of twenty-five (25) feet and from the rear lot line a minimum of twenty-five (25) feet. 2. Projects with a total building square footage of less than or equal to 5,000 square feet shall provide a ten (10) foot Type A landscape buffer as described in section 4.06.00 between vehicular rights-of-way with required sidewalks and adjacent residential development. adjacent commercial projects shall provide coordinated landscape plans. 3. Projects with a total building square footage of less than or equal to 5,000 square feet shall provide an area equal to a minimum of two and one-half (2½) percent of the total interior vehicular use area which shall be landscaped to provide visual relief. 4. Projects with a total building square footage exceeding 5,000 square feet shall provide landscape buffering in accordance with section 4.06.00 of this LDC. 5. Buildings shall have a maximum height of fifty (50) feet. D. Transportation. 1. Shared parking arrangements between adjoining developments shall be encouraged. 2. Deceleration and acceleration lanes shall be consistent with the ROW Permitting and Inspection Handbook and subject to FDOT approval where applicable. 3. Pedestrian traffic shall be encouraged by providing sidewalks. The location of these sidewalks shall be coordinated with adjacent projects. A. General. 1. The provisions of LDC section 4.02.27 shall apply to the following buildings and projects within the IUAOD: a. Commercial zoning districts and commercial components of PUD zoning districts. b. Non-residential PUD zoning districts and non-residential components of any PUD district. c. Business Park (BP) zoning district. Page 1159 of 6355 [24-LDS-00314/1937227/1] 187 LDCA-20240004278 / 4.14.25 Page 35 of 95 Words struck through are deleted, words underlined are added d. Existing buildings located in the zoning districts specified in a., b., or c. above wherein any addition or renovation will result in a change to more than 75 percent of the façade area, or for which the addition or renovation exceeds 50 percent of the square footage of the gross area of the existing building. 2. Residential uses shall be regulated by the underlying zoning districts and applicable development standards. However, any project using the Affordable Housing Density Bonus by Right provision in the Immokalee Area Master Plan Element of the Growth Management Plan will use the Residential Multi-Family-16 District development standards in the LDC. 3. The provisions of LDC section 5.05.08 do not apply to the properties identified in LDC section 4.02.27 A.1. 4. Nonconforming buildings approved for use and occupancy prior to November 10, 2004, shall not be enlarged or altered in a way which increases the nonconformity. All alterations or façade improvements to nonconforming buildings shall be consistent with LDC section 4.02.27 and shall be reviewed for compliance by the County Manager or designee; however, unaltered portions of the nonconforming building will not be required to comply. 5. Exceptions. a. A historic site, structure, building, district, or property that has been identified and documented as being significant in history, architecture, archaeology, engineering, or culture and is registered through the National Register of Historic Places. b. The Rural Agricultural (A) zoning district as established in the Official Zoning Atlas. c. Façades facing an interior courtyard provided the façades are not visible from any public property (e.g., street, right-of-way, sidewalk, alley), interior drive, parking lot, or adjacent private property. d. The following shall be exempt from the standards of LDC section 4.02.27 Architectural and Site Design Standards but shall comply with the exterior materials and color included in LDC section 4.02.27 B.2.k. i. Routine repairs and maintenance of an existing building. ii. Public utility ancillary systems provided that a building shall not have any wall planes exceeding 35 feet in length, excluding storage tanks, or have an actual building height greater than 18 feet, excluding storage tanks and communications equipment. See LDC section 4.06.05 B.4 for screening requirements of fences and walls surrounding public utility ancillary systems. e. Agribusiness/Farm Market Overlay Subdistrict (AFOS). Page 1160 of 6355 [24-LDS-00314/1937227/1] 187 LDCA-20240004278 / 4.14.25 Page 36 of 95 Words struck through are deleted, words underlined are added i. The following uses, located within the AFOS and as identified in the Standard Industrial Classification Manual, are exempt from the provisions set forth in LDC section 4.02.27 B.2 Building Design Standards. a) Agricultural Services (0723). b) Wholesale Trade (5148). c) Agricultural Outdoor Sales. B. Building and site design standards for the entire Immokalee Urban Area Overlay District (IUAOD). 1. Architectural styles. The architectural styles may include, but are not limited to, the following: a. Spanish Vernacular. i. Mediterranean style. Also known as Spanish Eclectic or Spanish Colonial Revival. Characteristics typically include barrel tile, low- pitched roofs usually with little or no overhang, parapets, arches, stucco, and asymmetrical façades. Buildings typically contain the following: multi-level roofs composed of barrel tile (half cylinders) or Spanish Tile (s-curved shape) in red and earth tones, façade of stucco with sand finish or hand troweled, arched windows (some triple-arched), ornamentation contain full arches and patterned tiles or single tile for accent. ii. Mission style. Influenced by the Spanish Colonial Style. Characteristics typically include barrel tile roofs, arches, earth tone colors, and asymmetrical façades finished in stucco. Similar to the Mediterranean Style but exhibiting much less ornamentation and detailing. Mission Style buildings typically contain flat roof with curvilinear parapets are most common, Barrel Tile (half cylinders) or Spanish Tile (s-curved shape), stucco with sand finish or hand troweled, and ornamentation containing full arches. b. Frame Vernaculars. Also known as Florida Cracker or Key West Style. Some frame vernacular buildings in Florida exhibit a Caribbean influence, while others are more utilitarian or rural in nature. Most familiar elements of this style are the use of horizontal siding for façade finish, elaborate wood balustrades, large porches, and metal roofs. Buildings typically contain metal roof (5v panels or narrow standing seam), lapped siding with corner boards (wood or vinyl) and ornamentation of gable end or eave brackets. c. Contemporary. Contemporary architecture focuses on innovation while being in harmony with nature through the use of clean geometric lines and elements such as openness both in interiors and to the outside, Page 1161 of 6355 [24-LDS-00314/1937227/1] 187 LDCA-20240004278 / 4.14.25 Page 37 of 95 Words struck through are deleted, words underlined are added natural light, eco-friendly materials and creative styles. This is achieved through the use of a range of building materials such as concrete, glass, wood, and metals. 2. Building Design Standards. a. Building façades. The following standards apply: i. All primary façades of a building must be designed with consistent architectural style, detail, and trim features. ii. Buildings or projects located at the intersection of two or more arterial or collector roads shall include design features to emphasize their location as gateways and transition points within the community. b. Primary façade design features. i. Building entrance. Buildings located along a public or private street must be designed with the principal entrance clearly defined, and with convenient access from both parking and the street. ii. Design features. The design of principal entrance façades must include, at a minimum, two of the following design features. However, a minimum of one of the following design features is required for buildings less than 5,000 square feet. a) Glazing covering a minimum of 25 percent of the principal entrance façade area, consisting of window and/or glazed door openings. As an alternative, trellis or latticework on the principal entrance façade used as a support for climbing plants may count for up to 50 percent of the window area on principal entrance facades. The planting area shall be an irrigated bed three (3) feet in depth and a minimum width equal to the width of the trellis with three (3)-gallon vines at three (3) feet on center at time of installation. Climbing plants shall achieve 80 percent opacity on the trellis within one year. b) Projected or recessed covered principal entrance facades providing a minimum horizontal dimension of eight feet and a minimum area of 100 square feet. In addition, a minimum of 15 percent of the principal entrance façade area must be devoted to window and/or glazed door openings. c) Covered walkway, or arcade (excluding canvas type) constructed with columns at least eight (8) inches wide, attached to the building, or located no more than 12 feet from the building. The structure must be permanent, and its design must relate to the principal structure. The Page 1162 of 6355 [24-LDS-00314/1937227/1] 187 LDCA-20240004278 / 4.14.25 Page 38 of 95 Words struck through are deleted, words underlined are added minimum width must be six (6) feet, with a total length measuring a minimum of 40 percent of the length of the associated façade. In addition, a minimum of 15 percent of the principal entrance façade area must be devoted to window and/or glazed door openings. d) Awnings located over doors, windows, or other ornamental design features projecting a minimum of two (2) feet from the principal entrance façade wall and a width totaling a minimum of 25 percent of the principal entrance façade length. In addition, a minimum of 15 percent of the principal entrance façade area must be devoted to window and/or glazed door openings. e) Porte-cochere with a minimum horizontal dimension of 18 feet. In addition, a minimum of 15 percent of the principal entrance façade area must be devoted to window and/or glazed door openings. f) A tower element such as but not limited to a clock or bell tower element. In addition, a minimum of 15 percent of the principal entrance façade area must be devoted to window and/or glazed door openings. g) Trellis or latticework covering a minimum of 15 percent of the principal entrance façade and used as a support for climbing plants. The planting area shall be an irrigated bed three (3) feet in depth and a minimum width of the trellis with three (3)-gallon vines at three (3) feet on center at time of installation and climbing plants shall achieve 80 percent opacity on the trellis within one year. This provision shall not be utilized with the alternative design feature identified in LDC section 4.02.27 B.2.b.ii.a. h) Entry plaza to the building with a minimum 100 square feet in area that includes seating. In addition, a minimum of 15 percent of the primary façade area must be devoted to window and/or glazed door openings. i) Entry courtyard contiguous with the building entry and connected to the principal entrance façade consisting of a defined space with a minimum area of 300 square feet. The courtyard may be any combination of hard or softscape with walkways and defined hard edge, decorative fencing, or a minimum three (3)-foot wall(s). In addition, a minimum of 15 percent of the principal entrance façade area must be devoted to window and/or glazed door openings. Page 1163 of 6355 [24-LDS-00314/1937227/1] 187 LDCA-20240004278 / 4.14.25 Page 39 of 95 Words struck through are deleted, words underlined are added j) For mixed use development projects within C-1 through C- 3 zoning districts the following design features may be used: i) Open arcade or covered walkway with a minimum depth of eight (8) feet and a minimum length of 60 percent of the façade. ii) A building recess or projection of the first floor with minimum depth of eight (8) feet and total minimum length of 60 percent of the façade length. iii) Architectural elements such as balconies and bay windows with a minimum depth of three (3) feet and that cover a minimum of 30 percent of the façade above the first floor. (Storm shutters, hurricane shutters, screen enclosures or any other comparable feature, if applied as part of the structure, must also comply with the required minimum depth). c. Façade/wall height transition elements. i. Purpose. The intent of this section is to ensure that the proposed buildings relate in mass and scale to the immediate streetscape and the adjacent built environment. ii. Applicability. Transitional massing elements must be provided on proposed buildings that are twice the height or more of any existing building within 150 feet, as measured from the edge of the proposed building. iii. Design standards. a) Transitional massing elements can be no more than 100 percent taller than the average height of the adjacent buildings, but no more than 30 feet, and no less than ten (10) feet above the existing grade. b) Transitional massing elements must be incorporated for a minimum of 60 percent of the length of the façade, which is in part or whole within the 150 feet of an existing building. c) Transitional massing elements include, but are not limited to, wall plane changes, roofs, canopies, colonnades, balconies, other similar architectural features, with the minimum depth for projections and recesses relative to the building size, and must meet the following requirements: i) For buildings consisting of 20,000 square feet or larger in gross building area, projections and Page 1164 of 6355 [24-LDS-00314/1937227/1] 187 LDCA-20240004278 / 4.14.25 Page 40 of 95 Words struck through are deleted, words underlined are added recesses must have a minimum depth of six (6) feet. ii) For buildings between 10,000 and 19,999 square feet in gross building area, projections and recesses must have a minimum depth of four (4) feet. iii) For buildings up to 9,999 square feet in gross building area, projections and recesses must have a minimum depth of two (2) feet. d. Variation in massing. A single, large, dominant building mass must be avoided. Changes in mass must be related to entrances, the integral structure and the organization of interior spaces and activities, and not merely for cosmetic effect. False fronts or parapets create insubstantial appearance and are discouraged. All façades, excluding courtyard area, shall be designed to employ the design treatments listed below. i. Projections and recesses. a) For buildings 20,000 square feet or larger in floor area, a maximum length, or uninterrupted curve of any façade, at any point, shall not exceed 125 linear feet. Projections and recesses must have a minimum depth of six (6) feet within the 125 linear feet limitation. b) For buildings between 10,000 and 19,999 square feet in floor area, a maximum length, or uninterrupted curve of any façade, at any point, shall not exceed 100 linear feet. Projections and recesses must have a minimum depth of four (4) feet within the 100 linear feet limitation. c) For buildings between 5,000 and 9,999 square feet in floor area, a maximum length, or uninterrupted curve of any façade, at any point, shall not exceed 75 linear feet. Projections and recesses must have a minimum depth of two (2) feet within the 75 linear feet limitation. d) For buildings less than 5,000 square feet in floor area, a maximum length, or uninterrupted curve of any façade, at any point, shall not exceed 50 linear feet. Projections and recesses must have a minimum depth of one and a half (1.5) feet, and a minimum total width of 20 percent of the façade length. Page 1165 of 6355 [24-LDS-00314/1937227/1] 187 LDCA-20240004278 / 4.14.25 Page 41 of 95 Words struck through are deleted, words underlined are added Illustration - Measurement of projections and recesses. e. Wall Plane Changes. i. Buildings subject to the projections or recesses depths required by LDC section 4.02.27 B.2.d.i must not have a single wall plane exceeding 60 percent of each façade. ii. If a building has a projection or recess of 40 feet or more, each is considered a separate façade, and must meet the requirements for wall plane changes in LDC section 4.02.27 B.2.e.i. Illustration Wall Plane Percentages Page 1166 of 6355 [24-LDS-00314/1937227/1] 187 LDCA-20240004278 / 4.14.25 Page 42 of 95 Words struck through are deleted, words underlined are added f. Building design treatments. In addition to the principal entrance façade, the following design treatments must be an integral part of the building's design and integrated into the overall architectural style. Primary façades, other than the principal entrance façade, must have at least four (4) of the following building design treatments. However, a minimum of two (2) of the following design treatments are required for buildings less than 5,000 square feet: i. Canopies, porticos, or porte-cocheres, integrated with the building's massing and style; ii. Overhangs, minimum of three (3) feet; iii. Colonnades or arcades, a minimum of eight (8) feet clear in width; iv. Sculptured artwork; v. Murals; vi. Cornice minimum two (2) feet high with 12-inch projection; vii. Peaked or curved roof forms; viii. Arches with a minimum 12-inch recess depth; ix. Display windows; x. Ornamental and structural architectural details, other than cornices, which are integrated into the building structure and overall design; xi. Clock or bell tower, or other such roof treatment (i.e., dormers, belvederes, and cupolas); xii. Projected and covered entry, with minimum dimension of eight (8) feet and the minimum area of 100 square feet; xiii. Emphasized building base, minimum of three (3) feet high, with a minimum projection from the wall of two (2) inches; xiv. Additional roof articulation above the minimum standards; xv. Curved walls; xvi. Columns; xvii. Pilasters; xviii. Metal or tile roof material; Page 1167 of 6355 [24-LDS-00314/1937227/1] 187 LDCA-20240004278 / 4.14.25 Page 43 of 95 Words struck through are deleted, words underlined are added xix. Expressed or exposed structural elements; xx. Additional glazing at a minimum of 15 percent beyond the code minimum requirement; xxi. Solar shading devices (excluding awnings) that extend a minimum of 50 percent of the length of the building façade; xxii. Translucent glazing at a minimum of 10 percent beyond the code minimum glazing requirement; xxiii. Glass block at a minimum of 10 percent beyond the code minimum glazing requirement; or xxiv. Where the optional design feature in LDC section 4.02.27 B.2.a. is chosen and 85 percent of all exterior glazing within the first three stories of the building have any of the following: a) Low reflectance, opaque glazing materials (may include spandrel glass with less than 15 percent reflectance); b) Glass with visual patterns consisting of opaque points or patterns etched into or applied to the exterior or interior surfaces with frit, frost, or film for single pane or insulated glass. A maximum of two (2) inch spacing between horizontal elements and a maximum of four (4) inch spacing between vertical elements, with a minimum line or dot diameter thickness of one-eighth (⅛) inch; c) Glass with continuous etch or continuous frit on interior surface, single pane, or insulated glass; or d) External screens. g. Window standards. i. False or applied windows are allowed but shall not be included in the glazing requirement for principal entrance façades. ii. Spandrel panels in curtain wall assemblies are allowed and shall be included in the minimum glazing required for principal entrance façades. h. Additional standards for outparcels and freestanding buildings within a non-residential or mixed-use PUD or unified development plan. i. Purpose and intent. To provide unified architectural design and site planning for all on-site structures, and to provide for safe and convenient vehicular and pedestrian access and movement within the site. Page 1168 of 6355 [24-LDS-00314/1937227/1] 187 LDCA-20240004278 / 4.14.25 Page 44 of 95 Words struck through are deleted, words underlined are added ii. Façades standards. All façades must meet the requirements of LDC section 4.02.27 B.2.f. Building design treatments. a) Primary façades. All exterior façades of freestanding structures, including structures located on outparcels, are considered primary façades except for one secondary façade as defined below, and must meet the requirements of this section with respect to the architectural design treatment for primary façades in LDC section 4.02.27.B.2., except for those façades considered secondary façades. b) Secondary façades. Outparcels and freestanding buildings are allowed one secondary façade. One façade of a freestanding structure, including structures located on outparcels, that is internal to the site and that does not abut or face public or private streets or internal drive aisles adjacent to the development. iii. Design standards. The design for freestanding buildings must employ architectural, site and landscaping design elements integrated with, and common to those used on the primary structure and its site. These common design elements must include colors, building materials, and landscaping associated with the main structure. All freestanding buildings must provide for vehicular and pedestrian inter-connection between abutting outparcels or freestanding sites and the primary structure. iv. Primary façade standards. The following design feature is an additional option which can be used to meet the requirement in LDC section 4.02.27 B.2.b.ii. Primary façade design features: Walls expanding the design features of the building, not less than seven (7) feet high, creating a courtyard not less than 12 feet from the building and length of no less than 60 percent of the length of the associated façade. The courtyard may be gated and able to be secured from exterior public access. Grilled openings are allowed if the courtyard is landscaped. Opening depths or wall terminations must be a minimum of 12 inches deep. If the courtyard contains service or equipment, the height and design must prevent view from the exterior. Courtyard walls are not to be considered fences. i. Roof treatments. i. Purpose and intent. Variations in rooflines are used to add interest and reduce the massing of large buildings. Roof height and features must be in scale with the building's mass and shall complement the character of surrounding buildings and neighborhoods. Roofing materials must be constructed of durable, high-quality material in order to enhance the appearance and Page 1169 of 6355 [24-LDS-00314/1937227/1] 187 LDCA-20240004278 / 4.14.25 Page 45 of 95 Words struck through are deleted, words underlined are added attractiveness of the community. The following standards identify appropriate roof treatments and features. ii. Roof edge and parapet treatment. a) When a building's largest floor is greater than 5,000 square feet in floor area a minimum of two (2) roof-edge or parapet line changes are required for all primary façades. One such change must be located on primary façades. Thereafter, one (1) additional roof change is required every 100 linear feet around the perimeter of the building. If a vertical change is used, each vertical change from the dominant roof condition must be a minimum of 10 percent of building height, but no less than three (3) feet. If a horizontal change is used, each horizontal change from the dominant roof condition must be a minimum of 20 percent of the façade length, but no less than three (3) feet. b) Roofs, other than mansard roofs, with the slope ratio of 3:12 or higher are exempt from the above requirements for vertical change for the façades that are less than 200 feet. One roof edge, or parapet line change must be provided for every 200 linear feet of the façade length. iii. Roof design standards. Roofs must meet the following requirements: a) When parapets are used, the average height of such parapets must not exceed 20 percent of the height of the supporting wall, with exception of the parapets used to screen mechanical equipment. Parapets used to screen mechanical equipment must be no less than the maximum height of the equipment. The height of parapets shall not, at any point, exceed one-third (1/3) the height of the supporting wall. b) When a flat roof is screened with a parapet wall or mansard roof at any façade, a parapet or mansard roof treatment must extend along the remaining façades. c) When sloped roofs are used, the massing and height must be in proportion with the height of its supporting walls. Sloped roofs must meet the following requirements: i) Sloped roofs that are higher than its supporting walls must feature elements that create articulation and reduce the massing of the roof. This includes: clear story windows, cupolas, dormers, vertical changes, or additional complementary colors to the color of the roof. Page 1170 of 6355 [24-LDS-00314/1937227/1] 187 LDCA-20240004278 / 4.14.25 Page 46 of 95 Words struck through are deleted, words underlined are added ii) The color(s) of a sloped roof must complement the color(s) of the façades. iv. Prohibited roof types and materials. The following roof types and roof materials are prohibited: a) Asphalt shingles, except laminated, 320-pound, 30-year architectural grade asphalt shingles or better. b) Mansard roofs and canopies, unless they meet the following standards: i) Minimum vertical distance of eight (8) feet is required for buildings larger than 20,000 square feet. ii) Minimum vertical distance of six (6) feet is required for buildings of up to 20,000 square feet of floor area. iii) The roof angle shall not be less than 25 degrees, and not greater than 70 degrees. c) Awnings used as a mansard or canopy roofs. j. Awning standards. These standards apply to those awnings associated with and attached to a building or structure. i. Mansard awnings, which are those awnings that span 90 percent, or more, of a façade length and those which do not provide a connection between façades, must adhere to all roof standards of LDC section 4.02.27 B.2.i. Roof treatments. ii. All other awnings, which are awnings that constitute less than 90 percent of a façade length, and those that do not provide a connection between façades, must adhere to the following standards: a) The portion of the awning with graphics may be backlit, provided the illuminated portion of the awning with graphics does not exceed size limitations and the other sign standards of LDC sections 5.06.00, 9.03.00, and 9.04.00. b) The location of awnings must relate to the window and door openings, or other ornamental design features. k. Materials and colors. Page 1171 of 6355 [24-LDS-00314/1937227/1] 187 LDCA-20240004278 / 4.14.25 Page 47 of 95 Words struck through are deleted, words underlined are added i. Purpose and intent. Exterior building colors and materials contribute significantly to the visual impact of buildings on the community. The colors and materials must be well designed and integrated into a comprehensive design style for the project. Intense, deep colors are appropriate for creating a Spanish influenced architectural character. Building trims (windowsills, door frames, ornamental features, etc.) should be highlighted with a different color from that of the building body color. Frame Vernacular architectural style reflects less intense, softer color shades highlighting architectural details in bright white. ii. Exterior building colors. a) The use of color materials or finish paint above level 14 saturation (chroma) or below lightness level three (3) on the Collier County Architectural Color Charts is limited to no more than 50 percent of a façade or the total roof area. b) The use of naturally occurring materials are permissible, such as marble, granite, and slate and the following man- made materials: silver unpainted metal roofs, and composite wood and decking materials. iii. Exterior building materials (excluding roofs). The following building finish materials are limited to no more than 50 percent of the façade area: a) Corrugated, or metal panels. b) Smooth concrete block. 3. Design Standards for Specific Building Uses. Certain uses may be established, constructed, continued, and/or expanded provided they meet certain mitigating standards specific to their design and/or operation. These conditions ensure compatibility between land uses and building types and minimize adverse impacts to surrounding properties. a. Self-storage buildings. Self-storage buildings are subject to all of the applicable provisions of this section with the following exceptions and additions: i. Overhead doors. Overhead doors are permitted on the primary façade of self-storage buildings within the IUAOD. ii. Screen walls. When a wall is proposed to screen the facility, it must be constructed of material similar and complementary to the primary building material and architecture. Long expanse of wall surface shall be broken into sections no longer than 50 feet and designed to avoid monotony by use of architectural elements such as pillars. Page 1172 of 6355 [24-LDS-00314/1937227/1] 187 LDCA-20240004278 / 4.14.25 Page 48 of 95 Words struck through are deleted, words underlined are added iii. Single-story self-storage buildings. LDC section 4.02.27 B.2.b. Primary façade design features can be replaced with one of the following two options: a) Option 1. i) A minimum of 20 percent of the primary façade area must be glazed; and ii) A covered public entry with a minimum roof area of 80 square feet and no dimension less than eight (8) feet, or a covered walkway at least six (6) feet wide with a total length measuring no less than 60 percent of the length of the façade. b) Option 2. If the project design incorporates a screen wall around the perimeter of the self-storage facility, the following standards apply: i) Architecturally treated, six (6)-foot high, screen wall is required to screen the facility. ii) The roof slope for the buildings is a minimum of 4:12 ratio for double slopes, and 3:12 ratio for single slope. iii) A landscape buffer at least seven (7) feet wide consisting of 10 clustered shrubs (per 100 linear feet) is required on the exterior of the wall. Shrubs shall be 24 inches tall at planting and maintained at 36 inches. c) In the case that none of the above options are met, then LDC section 4.02.27 B.2.b. Primary façade design features must be met. iv. Multi-story self-storage buildings. The requirements of LDC section 4.02.27 B.2.b. primary façade design features can be replaced with one of the following two options: a) Option 1. i) A minimum of 20 percent of the primary façade area must be glazed; and ii) A covered public entry with a minimum roof area of 80 square feet and no dimension less than eight (8) feet, or a covered walkway at least six (6) feet wide with a total length measuring no less than 60 percent of the length of the façade; and Page 1173 of 6355 [24-LDS-00314/1937227/1] 187 LDCA-20240004278 / 4.14.25 Page 49 of 95 Words struck through are deleted, words underlined are added iii) Foundation planting areas must be a minimum of 10 percent of the ground level building area for all buildings. The plantings can be clustered as desired; however, some plantings must be provided on both sides of the building’s principal entrance. b) Option 2. If project design incorporates a screen wall around the perimeter of the self-storage facility, the following standards apply: i) Architecturally treated, eight (8) feet high screen wall is required to screen the ground floor of the facility; and ii) A landscape buffer at least seven (7) feet wide consisting of 10 clustered shrubs (per 100 linear feet) is required on the exterior of the wall. Shrubs shall be 24 inches tall at planting and maintained at 36 inches; and iii) Primary façades above the ground level must include glazing, covering at a minimum 20 percent of the façade area; and iv) Foundation planting areas must be a minimum of 10 percent of the ground level building area for all buildings. The plantings can be clustered as desired; however, some plantings must be provided on both sides of the building’s principal entrance. c) In the case that none of the above options are met, then LDC section 4.02.27 B.2.b. primary façade design features must be met. b. All facilities with fuel pumps. The provisions of LDC section 5.05.05 Facilities with fuel pumps shall be applicable within the IUAOD with the following exceptions: i. LDC section 5.05.05 C. shall apply except the architectural requirements of LDC section 5.05.08 are replaced and superseded by LDC section 4.02.27. ii. LDC section 5.05.05 C.1.b.iv.b shall not limit eave fascia canopy colors to a single color. iii. LDC section 5.05.05 D. Supplemental standards for facilities with fuel pumps within 250 feet of residential property. iv. LDC section 5.05.05 E. The following landscape requirements under subsection 4.02.27 B.3.c.ii are in addition to the Page 1174 of 6355 [24-LDS-00314/1937227/1] 187 LDCA-20240004278 / 4.14.25 Page 50 of 95 Words struck through are deleted, words underlined are added requirements of LDC section 4.02.27 B.4 Buffer and Landscaping Requirements. c. Supplemental standards for facilities with fuel pumps within 250 feet of residentially zoned or residentially developed property. Facilities with fuel pumps shall be subject to the following standards when located within 250 feet of residentially zoned or residentially developed properties, as measured from the property line of the facility with fuel pumps to the residential property line. However, a facility with fuel pumps shall be exempt from this section when it is separated from residential property by a minimum of 100 feet of designated preserve area that is 80 percent opaque and at least 12 feet in height within one year, or a minimum four (4)-lane arterial or collector right-of-way. i. Setbacks. All structures shall provide a minimum 50-foot front, side, and rear yard setback from residential property line(s). ii. Landscaping and masonry wall standards. Facility with fuel pumps sites shall be separated from residential property by a 15- foot-wide Type I-D landscape buffer with an architecturally designed masonry wall. The masonry wall shall be eight (8) feet in height, centered within the landscape buffer, and shall use materials similar in color, pattern, and texture to those utilized for the principal structure. iii. Music, amplified sound, and delivery time standards. a) Music and amplified sound shall not be played in the fuel pump area between the hours of 10:00 p.m. and 7:00 a.m. b) Music and amplified sound shall not be audible from the residential property line. c) Deliveries shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m. in the area located between the neighboring residential property and the facility with fuel pumps. iv. Lighting standards. a) All light fixtures shall be directed away from neighboring properties. b) On-site light fixtures within 50 feet of residential property shall not exceed a height greater than 15 feet above finished grade. Light fixtures elsewhere shall not exceed a height greater than 20 feet above finished grade. c) All light fixtures shall be full cutoff with flat lenses. Page 1175 of 6355 [24-LDS-00314/1937227/1] 187 LDCA-20240004278 / 4.14.25 Page 51 of 95 Words struck through are deleted, words underlined are added d) On-site luminaries shall be of low level, indirect diffuse type, and shall be between a minimum average of one and a half (1.5) foot-candles and a maximum average of five (5) foot-candles. e) Illumination shall not exceed: i) One-half (0.5) foot-candles at all residential property lines. ii) One-fifth (0.2) foot-candles at 10 feet beyond all residential property lines. f) Lighting located underneath the canopy shall be recessed, of indirect diffuse type, and designed to provide light only to the pump island areas located underneath said canopy. g) Under canopy luminance shall be between a minimum average of five (5) foot-candles and a maximum average of 20 foot-candles. v. Dumpster enclosures. At a minimum, the dumpster enclosure shall be located at a distance from residential property equal to the setback of the principal structure from residential property. vi. See LDC section 5.05.11 for car washes, vacuums, and compressed air stations abutting residential zoning districts. vii. Landscaping adjacent to all other property lines: a) Landscaping adjacent to all other property lines shall comply with the requirements in LDC section 4.02.27 B.4. b) Curbing shall be installed and constructed, consistent with minimum code requirements, between all paved areas and landscape areas. d. Hotel/motel. i. Applicability. All standards of LDC section 4.02.27 are applicable with the following exceptions. ii. Design features. LDC section 4.02.27 B.2.b. Primary façade design features can be replaced as follows: a) The design of the primary façades must include windows and other glazed openings covering at least 20 percent of the primary façade area, and one of the following design features: Page 1176 of 6355 [24-LDS-00314/1937227/1] 187 LDCA-20240004278 / 4.14.25 Page 52 of 95 Words struck through are deleted, words underlined are added i) Projected, or recessed, covered public entry providing a minimum horizontal dimension of eight (8) feet, and a minimum area of 100 square feet, or ii) Covered walkway or arcade (excluding canvas type) that is attached to the building or located no more than 12 feet from the building. The structure must be permanent, and its design must relate to the principal structure. The minimum width shall be six (6) feet, with a total length measuring 60 percent of the length of the associated façade. b) For buildings located 200 feet or more from the street right- of-way, the projected or recessed entry and covered walkway or arcade, required by the above LDC section 4.02.27 B.3.d.ii.a), can be located on any façade. e. Outside play structures. No portion of any play structure, located between the front building line and any adjacent right-of-way, may exceed a height of 12 feet as measured from existing ground elevation. 4. Buffer and landscaping requirements. a. Applicability. i. The provisions of LDC section 4.06.00 Landscaping, Buffering and Vegetation Retention shall be applicable to non-residential development within the IUAOD, except for the following regulations which replace: a) LDC section 4.06.02 Buffer Requirements. b) LDC section 4.06.03 A. Landscaping Requirements for Vehicular Use Areas and Rights-of-Way Applicability. c) LDC section 4.06.03 B. Standards for Landscaping in Vehicular Use Areas. d) LDC section 4.06.05 C. Building Foundation Plantings. ii. Applicability of buffer requirements. The buffering and screening requirements identified in Table 1 below shall apply to all new non-residential development. Existing landscaping which does not comply with the provisions of this section shall be brought into conformity to the maximum extent possible when: the vehicular use area is altered or expanded (except for restriping of lots/drives), the building square footage is changed, or building improvements exceed 50 percent of the value of the structure. iii. Developments shall be buffered for the protection of property owners from land uses as required pursuant to this section Page 1177 of 6355 [24-LDS-00314/1937227/1] 187 LDCA-20240004278 / 4.14.25 Page 53 of 95 Words struck through are deleted, words underlined are added 4.02.27 B.4. Buffers shall not inhibit pedestrian circulation between adjacent commercial land uses. Buffers shall be installed during construction as follows and in accordance with LDC section 4.06.05 General Landscaping Requirements: a) To separate residential developments from commercial, community use, industrial, and public use developments and adjacent expressways, arterials, and railroad rights-of- way, except where such expressway, arterial, or railroad right-of-way abuts a golf course. b) To separate commercial, community use, industrial and public use developments from residential developments. c) To delineate and create some limited separation between non-residential uses. iv. Separation shall be created with a landscape buffer strip which is designed and constructed in compliance with the provisions of LDC section 4.02.27 B.4 and LDC section 4.06.00, as applicable. Such buffer strip(s) shall be shown and designated on the final plat as a tract of easement and shall not be located within any public or private right-of-way. The ability to locate buffer(s) within a platted or recorded easement shall be determined pursuant to the provisions of LDC section 4.06.00. Buffers adjacent to protected/preserve areas shall conform to the requirements established by the agency requiring such buffer. v. Landscape buffers, when required by the Land Development Code, or other county regulation shall be in addition to the required right-of-way width and shall be designated as a separate buffer tract or easement on the final subdivision plat. The minimum buffer width shall be in conformance with this section 4.02.27 B.4. In no case shall the required buffer be constructed to reduce cross-corner or stopping sight distances, or safe pedestrian passage. All buffer tracts or easements shall be owned and maintained by a property owner's association or other similar entity and shall be so dedicated on the final subdivision plat. b. Methods of determining buffers. Where a property adjacent to the proposed use is: (1) undeveloped, (2) undeveloped but permitted without the required buffering and screening required pursuant to this Code, or (3) developed without the buffering and screening required pursuant to this Code, the proposed use shall be required to install the more opaque buffer as provided for in Table 1. Where property adjacent to the proposed use has provided the more opaque buffer as provided for in Table 1, the proposed use shall install a type I-A buffer. i. Where the incorporation of existing native vegetation in landscape buffers is determined as being equivalent to or in excess of the Page 1178 of 6355 [24-LDS-00314/1937227/1] 187 LDCA-20240004278 / 4.14.25 Page 54 of 95 Words struck through are deleted, words underlined are added intent of this Code, the County Manager or designee may waive the planting requirements of this section. ii. The buffering and screening provisions of this Code shall be applicable at the time of planned unit development (PUD), subdivision plat, or site development plan review, with the installation of the buffering and screening required pursuant to LDC section 4.06.05 H. If the applicant chooses to forego the optional PSP process, then signed and sealed landscape plans will be required on the final subdivision plat. Where a more intensive land use is developed contiguous to a property within a similar zoning district, the County Manager or designee may require buffering and screening the same as for the higher intensity uses between those uses. iii. Landscape buffering and screening standards within any planned unit development shall conform to the minimum buffering and screening standards of the zoning district to which it most closely resembles. The County Manager or designee may approve alternative landscape buffering and screening standards when such alternative standards have been determined by use of professional acceptable standards to be equivalent to or in excess of the intent of this Code. c. Types of buffers. Within a required buffer strip, the following types of buffers shall be used based on the matrix in Table 1. There are four (4) possible buffer types, as described below. Each buffer type includes a minimum width and a minimum number of trees and shrubs per 100- linear-foot segment of boundary. A hedge shall at a minimum consist of three (3) gallon plants, two (2) feet in height spaced a minimum of three (3) feet on center at planting unless otherwise indicated in the table below or within the specific section of the LDC. The buffer types are: Buffer Types (per 100 linear feet) I-A I-B I-C I-D Minimum width (feet) 10 15 15 15 Minimum number of trees 2 4 3 4 Minimum number of shrubs 0 18 (36 inches tall)* 60-inch tall hedge, or 18 shrubs (60 inches tall) with a wall** 36-inch tall hedge or 4 shrubs (36 inches tall) with a wall* *For a Type I-B or I-D buffer, shrubs shall be 24 inches tall at planting and maintained at 36 inches. **For a Type I-C buffer, a hedge or shrubs shall be 48 inches tall at planting and maintained at 60 inches. i. Type I-A Buffer. Page 1179 of 6355 [24-LDS-00314/1937227/1] 187 LDCA-20240004278 / 4.14.25 Page 55 of 95 Words struck through are deleted, words underlined are added a) Minimum Width: 10 feet. b) Minimum number of trees (per 100 linear feet): Two (2) ii. Type I-B Buffer. a) Minimum Width: 15 feet. b) Minimum number of trees (per 100 linear feet): Four (4). c) Minimum number of shrubs (per 100 linear feet): 18 (planted at 24 inches and maintained at 36-inches) iii. Type I-C Buffer. a) Minimum Width: Fifteen feet. b) Minimum number of trees (per 100 linear feet): Three. Trees shall be spaced no more than 33 feet on center. c) Minimum number of shrubs (per 100 linear feet): a 60-inch tall hedge or 18 shrubs (60 inches tall) with a wall iv. Type I-D Buffer. a) Minimum Width: 15 feet. b) Minimum number of trees (per 100 linear feet): Four. c) Minimum number of shrubs (per 100 linear feet): a 36-inch tall hedge, or 4 shrubs (36 inches tall with a wall). i) A continuous three (3)-gallon single row hedge spaced three (3) feet on center of at least 24 inches in height at the time of planting and attaining a minimum of 36 inches in height in one year shall be required in the landscape buffer where vehicular areas are adjacent to the road right-of-way or where deemed appropriate, pursuant to LDC section 4.06.05 D.4. Shrubs and Hedges. ii) Where a fence or wall fronts an arterial or collector road as described by the transportation circulation element of the growth management plan, a continuous three (3)-gallon single row hedge a minimum of 24 inches in height spaced three (3) feet on center, shall be planted along the right-of- way side of the fence. The required trees shall be located on the side of the fence facing the right-of- way. Every effort shall be made to undulate the wall Page 1180 of 6355 [24-LDS-00314/1937227/1] 187 LDCA-20240004278 / 4.14.25 Page 56 of 95 Words struck through are deleted, words underlined are added and landscaping design incorporating trees, shrubs, and ground cover into the design. It is not the intent of this requirement to obscure from view decorative elements such as emblems, tile, molding and wrought iron. iii) The remaining area of the required landscape buffer must contain only existing native vegetation, grass, ground cover, or other landscape treatment. Every effort should be made to preserve, retain, and incorporate the existing native vegetation in these areas. iv) A signage visibility triangle may be created for non- residential on-premises signs located as shown in Figure 4.06.02 C-2 for Type I-D buffers that are 20 feet or greater in width. The line of visibility shall be no greater than 30 linear feet along road right-of- way line. Within the visibility triangle, shrubs and hedges shall be required pursuant to LDC section 4.06.05 D.4, except that hedges, shrubs, or ground cover located within the signage visibility triangle shall be maintained at a maximum plant height of 24 inches. Within the visibility triangle, no more than one required canopy tree may be exempted from the Type I-D buffer requirements. v. Interpretation of Table 1. a) The table below describes the required buffer type when a proposed use is abutting a different existing use or, in the absence of an existing use, the existing zoning. b) The letter listed under "Adjacent Properties Zoning District and/or Property Use" shall be the landscape buffer and screening alternative required. Where a conflict exists between the buffer required by zoning district or property use, the more stringent buffer shall be required. c) The "-" (dash) symbol shall represent that no buffer is required. d) The PUD district buffer, due to a variety of differing land uses, is indicated by the "*" (asterisk) symbol, and shall be based on the landscape buffer and screening of the district or property use with the most similar types, densities, and intensities of uses. e) Where a conflict exists between the buffering requirements and the yard requirements of this section, the yard requirements of the subject zoning district shall apply. Page 1181 of 6355 [24-LDS-00314/1937227/1] 187 LDCA-20240004278 / 4.14.25 Page 57 of 95 Words struck through are deleted, words underlined are added f) Where a conflict exists between the buffer requirements of this table and those of a particular subdistrict, the less stringent shall apply. The following subdistricts have alternative buffer standards for projects with a total building square footage of less than or equal to 5,000 square feet: i) Mainstreet Overlay Subdistrict (see LDC section 4.02.27 C.3.e.) ii) State Road 29A Commercial Overlay Subdistrict (see LDC section 4.02.27 D.3.). iii) Jefferson Avenue Commercial Overlay Subdistrict (see LDC section 4.02.27 F.3.). iv) Industrial Mixed Use Commercial Overlay Subdistrict (see LDC section 4.02.27 H.3.) Table 1 Subject Property's District/Use Adjacent Properties Zoning District and/or Property Use Agriculture 1 (A) Residential (E, RSF) single-family Residential (RMF-6, RMF-12, RMF-16) multifamily Residential tourist (RT) Village residential (VR) Mobile home (MH) Commercial 3 (C-1, C-2, C-3, C-4, C-5); Business Park (BP) Industrial 2 Public use (P), Community Facility (CF), Golf Course Clubhouse, Amenity Center Planned Unit Development Vehicular rights-of- way Golf course maintenance building Golf Course Automobile Service Station Agriculture 1 (A) - I-B I-B I-B I-B I-B I-A I-A I-A I-A I-D I-A - I-A Commercial 3 (C-1, C-2, C- 3, C-4, C-5); Business Park (BP) I-A I-C I-C I-C I-C I-C I-A I-A I-A * I-D I-B I-B I-B Industrial 2 (I) I-A I-C I-C I-C I-C I-C I-A I-A2 I-A * I-D I-C I-C I-C Page 1182 of 6355 [24-LDS-00314/1937227/1] 187 LDCA-20240004278 / 4.14.25 Page 58 of 95 Words struck through are deleted, words underlined are added Public use (P), community facility (CF), Golf Course Clubhouse, Amenity Center I-A I-B I-B I-B I-B I-B I-A I-A I-A * I-D I-B - I-C Planned unit development (PUD) * * * * * * * * * * I-D * * * Vehicular rights-of-way I-D I-D I-D I-D I-D I-D I-D I-D I-D I-D - I-D - I-D Golf course maintenance building I-B I-B I-B I-B I-B I-B I-B I-C I-B I-B I-D - I-B I-C Golf course - - - - - - - I-C - - - I-B - I-C Automobile service station 4 I-A I-C I-C I-C I-C I-C I-C I-A I-C * I-D I-C I-C - Notes: 1 Buffering in agriculture (A) districts shall be applicable at the time of site development plan (SDP) submittal. 2 Industrial (I) zoned property, where abutting industrial (I) zoned property, shall be required to install a minimum five (5)-foot-wide type I-A landscape buffer adjacent to the side and rear property lines. The buffer area shall not be used for water management. In addition, trees may be reduced to 50 feet on center along rear and side perimeter buffers only. This reduction in buffer width shall not apply to buffers adjacent to vehicular rights-of-way or nonindustrial zoned property. Abutting industrial zoned properties may remove a side or rear buffer along the shared property line in accordance with LDC section 4.02.27 B.4.c.viii. This exception to buffers shall not apply to buffers abutting vehicular rights-of-way. 3 Buffer areas between commercial outparcels located within a shopping center, Business Park, or similar commercial development may have a shared buffer 15 feet wide with each abutting property contributing seven and one-half (7.5) feet. The outparcels may remove a side or rear buffer along the shared property line between comparable uses within the same zoning designation in accordance with LDC section 4.02.27.B.4.c.viii. These provisions shall not apply to right-of- way buffers. 4 Refer to LDC section 4.02.27 B.3.b and c. for automobile service station landscape requirements. vi. Business Parks. A 15-foot-wide landscape buffer shall be provided around the boundary of the business park when abutting residential zoning district or uses. A six (6)-foot tall opaque architecturally finished masonry wall, or berm, or combination Page 1183 of 6355 [24-LDS-00314/1937227/1] 187 LDCA-20240004278 / 4.14.25 Page 59 of 95 Words struck through are deleted, words underlined are added thereof shall be required, and one row of trees spaced no more than 30 feet on center shall be located on the outside of the wall, berm, or berm/wall combination. vii. Buffering and screening standards. In accordance with the provisions of this Code, loading areas or docks, outdoor storage, trash collection, mechanical equipment, trash compaction, vehicular storage excluding new and used cars, recycling, roof top equipment and other service function areas shall be fully screened and out of view from adjacent properties at ground view level and in view of roadway corridors. viii. Joint Project Plan. Abutting platted parcels may submit a joint project plan to remove one side or rear landscape buffer along a shared property line in order to share parking or other infrastructure facilities, provided the following criteria are met: a) A joint project plan shall include all necessary information to ensure that the combined site meets all of the design requirements of this Code and shall be submitted as either a single SDP or SIP consisting of both parcels, or separate SDPs or SIPs for each parcel that are submitted concurrently. Joint project plans require a shared maintenance and access easement that is recorded in the public records. b) The following are eligible for a joint project plan. One outparcel shall be no greater than three acres and the combined parcel acreage shall not exceed five acres: i) Abutting commercial outparcels located within a shopping center. ii) Abutting commercial parcels in a Business Park. iii) Abutting commercial parcels with the same zoning designation. iv) Abutting industrial parcels with the same zoning designation. c) The buffer to be eliminated shall not be a perimeter buffer or adjacent to any internal main access drives. d. Standards for retention and detention areas in buffer yards. Unless otherwise noted, all standards outlined in section 4.06.05 C apply. Trees and shrubs must be installed at the height specified in this section. Water management systems, which must include retention and detention areas, swales, and subsurface installations, are permitted within a Page 1184 of 6355 [24-LDS-00314/1937227/1] 187 LDCA-20240004278 / 4.14.25 Page 60 of 95 Words struck through are deleted, words underlined are added required buffer provided they are consistent with accepted engineering and landscaping practice and the following criteria: i. Water management systems must not exceed 50 percent of the square footage of any required side, rear, or front yard landscape buffer. ii. Water management systems must not exceed, at any location within the required side, rear, or front yard landscape buffer, 70 percent of the required buffer width. A minimum five (5)-foot wide 10:1 level planting area shall be maintained where trees and hedges are required. iii. Exceptions to these standards may be granted on a case-by-case basis, evaluated on the following criteria: a) Water management systems, in the form of dry retention, may utilize an area greater than 50 percent of the buffer when existing native vegetation is retained at natural grade. b) For lots of record 10,000 square feet or less in size, water management areas may utilize an area greater than 50 percent of the required side and rear yard buffers. A level planting area of at least three feet in width must be provided in these buffers. iv. Sidewalks and other impervious areas must not occupy any part of a required I-A, I-B, I-C, or I-D type buffer, except when: a) Driveways and sidewalks are constructed perpendicular to the buffer and provide direct access to the parcel. b) Parallel meandering sidewalks occupy the buffer, and its width is increased by the equivalent sidewalk width. c) A required 15-20-foot-wide buffer is reduced to a minimum of 10 feet wide and is increased by the five-to-ten-foot equivalent width elsewhere along that buffer. e. Vehicular use areas. i. Applicability. The provisions of this section shall apply to all new off-street parking or other vehicular use areas. a) Existing landscaping which does not comply with the provisions of this Code shall be brought into conformity to the maximum extent possible when: the vehicular use area is altered or expanded except for restriping of lots/drives, the building square footage is changed, or the building Page 1185 of 6355 [24-LDS-00314/1937227/1] 187 LDCA-20240004278 / 4.14.25 Page 61 of 95 Words struck through are deleted, words underlined are added improvements exceed 50 percent of the value of the structure. b) These provisions shall apply to all non-residential development within the IUAOD. c) Any appeal from an administrative determination relating to these regulations shall be to the Board of Zoning Appeals or equivalent. d) Prior to issuing occupancy permits for new construction, implementation, and completion of landscaping requirements in off-street vehicular facilities shall be required. e) Where a conflict exists between the strict application of this section and the requirements for the number of off-street parking spaces or area of off-street loading facilities, the requirements of this section shall apply. ii. Standards for landscaping in Vehicular Use Areas. For projects subject to architectural design standards, see LDC section 4.02.27 B.2. for related provisions. a) Landscaping required in interior of vehicular use areas. At least ten percent of the amount of vehicular use area onsite shall be devoted to interior landscaping areas. The width of all curbing shall be excluded from the required landscaped areas. All interior landscaped areas not dedicated to trees or to preservation of existing vegetation shall be landscaped with grass, ground cover, shrubs, or other landscape treatment. One tree shall be provided for every 250 square feet of the required interior landscaped area. Interior landscaped areas shall be a minimum of five feet in width and 150 square feet in area. The amount of required interior landscape area provided shall be shown on all preliminary and final landscape plans. b) Vehicular use areas under 25 required parking spaces are exempt from the LDC section 4.06.03 requirement that does not allow more than 10 contiguous parking spaces without being separated by a landscape island. In lieu of landscape islands, ten percent of the gross square footage of onsite vehicular use area shall be added to the perimeter landscape buffer area. Vehicular use areas over 25 required parking spaces shall comply with LDC section 4.06.03 B.2. c) All rows of parking spaces shall be bordered on each end by curbed terminal landscape islands. Each terminal landscape island shall measure inside the curb not less Page 1186 of 6355 [24-LDS-00314/1937227/1] 187 LDCA-20240004278 / 4.14.25 Page 62 of 95 Words struck through are deleted, words underlined are added than eight feet in width and extend the entire length of the single or double row of parking spaces bordered by the terminal landscape island. Type D or Type F curb per current FDOT Design Standards is required around all terminal landscape islands. A terminal landscape island for a single row of parking spaces shall be landscaped with at least one canopy tree. A terminal landscape island for a double row of parking spaces shall contain not less than two canopy trees. The remainder of the terminal landscape island shall be landscaped with sod, ground covers or shrubs or a combination of any of the above. d) Interior landscaping areas shall be provided within the interior of all vehicular use areas. Landscaped areas, wall structures, and walks shall require protection from vehicular encroachment through appropriate wheel stops or curbs or other structures. e) Required landscape islands and perimeter planting beds shall be graded to provide positive drainage. Curbing around landscape areas shall include curb cuts where necessary so as not to inhibit positive drainage. f) Green space required in shopping centers and freestanding retail establishments with a floor area greater than 40,000 square feet. An area that is at least seven percent of the size of the vehicular use areas must be developed as green space within the front yard(s) or courtyards of shopping centers and retail establishments and must be in addition to the building perimeter planting area requirements. The courtyards must only be located in areas that are likely to be used by pedestrians visiting the shopping center and retail establishment. The seven percent green space area must be in addition to other landscaping requirements of this division, may be used to meet the open space requirements (section 4.02.01), and must be labeled "Green Space" on all subdivision and site plans (Refer to section 4.02.27 A.). The interior landscape requirements of these projects must be reduced to an amount equal to five percent (5 percent) of the vehicular use area on site. Green space must be considered areas designed for environmental, scenic, or noncommercial recreation purposes and must be pedestrian-friendly and aesthetically appealing. Green space may only include the following: lawns, mulch, decorative plantings, nonprohibited exotic trees, walkways within the interior of the green space area not used for shopping, fountains, manmade watercourses (but not water retention areas), wooded areas, park benches, site lighting, sculptures, gazebos, and any other similar items that the County Manager or designee deems appropriate. Green space Page 1187 of 6355 [24-LDS-00314/1937227/1] 187 LDCA-20240004278 / 4.14.25 Page 63 of 95 Words struck through are deleted, words underlined are added must include: walkways within the interior of the green space area not used for shopping, a minimum of one (1) foot of park bench per 1,000 square feet of building area. The green space area must use existing trees where possible and landscaping credits will be allowed as governed by table 4.06.04 B. The green space areas must be located in areas that are in close proximity to the retail shopping area. Benches may also be located in interior landscaped areas and 75 percent of the benches may be located adjacent to the building envelope along paths, walkways and within arcades or malls. g) Required landscaping for buildings over 20,000 square feet shall be pursuant to LDC section 4.02.27 A. The following requirements will be counted toward the required greenspace and open space requirements of this Chapter of this Code. i) Trees in vehicular use areas must be a minimum of 14- to 16-feet height with a six- to eight-foot spread and a three- to four-inch caliper and must have a clear trunk area to a height of six feet. ii) The first row of landscape islands located closest to the building front and sides must be landscaped with trees, palms, shrubs, and groundcovers and must have a clear trunk area to a height of seven feet. f. Building foundation plantings. i. All commercial buildings and retail and office uses in industrial buildings shall provide building foundation plantings in the amount of 10 percent of the overall building footprint area and a minimum planting width of five feet. ii. Foundation planting areas shall be located adjacent to building entrance(s), and along primary façades. iii. Building foundation plantings shall consist of shrubs, ground cover, raised planter boxes, and/or ornamental grass plantings. iv. A maximum of 50 percent of the required foundation planting may be located in perimeter buffers. v. Water management shall not occur in foundation planting areas. 5. Off-street parking. a. Purpose and Intent. The following standards are intended to guide the development of off-street parking, loading and transportation access Page 1188 of 6355 [24-LDS-00314/1937227/1] 187 LDCA-20240004278 / 4.14.25 Page 64 of 95 Words struck through are deleted, words underlined are added within the IUAOD to recognize the higher levels of bicycle and pedestrian activity in Immokalee, to encourage the continued use of alternative modes of transportation, and to provide safe and functional circulation patterns and connectivity for off-street parking. b. Applicability. In addition to LDC section 4.05.00 Off-street Parking and Loading, the following regulations shall apply to all non-residential development within the IUAOD, except for the following conditions: i. The provisions of this section shall apply to all new off-street parking or other vehicular use areas. ii. Existing landscaping which does not comply with the provisions of this Code shall be brought into conformity to the maximum extent possible when: the vehicular use area is altered or expanded except for restriping of lots/drives, the building square footage is changed or building improvements exceed 50 percent of the value of the structure. iii. Prior to issuing occupancy permits for new construction, implementation, and completion of landscaping requirements in off-street vehicular facilities shall be required. c. Shared Parking. Shared parking arrangements between adjoining developments shall be encouraged. d. Parking Reduction. Off-street parking requirements may be reduced through the substitution of one required parking space by providing and maintaining a bicycle rack able to hold four bicycles throughout the IUAOD. The maximum reduction is 25 percent of the required off-street parking or 25 spaces, whichever is less. e. Bicycle parking. i. Applicability. Due to the significance of pedestrian and bicycle modes of travel within the IUAOD, bicycle parking spaces shall be required for safe and secure parking of bicycles. These regulations replace LDC section 4.05.08 Bicycle Parking Requirements. ii. Number. Provisions for the safe and secure parking of bicycles shall be furnished at a ratio of five percent of requirements for motor vehicles as set forth in section 4.05.04. but not to exceed a maximum of 20 total bicycle parking spaces. A minimum of two bicycle parking spaces shall be provided. iii. Design. a) A bicycle parking facility suited to a single bicycle ("bicycle parking space") shall be of a stand-alone inverted-U design measuring a minimum of 36 inches high and 18 Page 1189 of 6355 [24-LDS-00314/1937227/1] 187 LDCA-20240004278 / 4.14.25 Page 65 of 95 Words struck through are deleted, words underlined are added inches wide [of one and one-half (1½) inch Schedule 40 pipe, ASTM F 1083] bent in one (1) piece ("bike rack") mounted securely to the ground [by a ⅜-inch thick steel base plate, ASTM A 36] so as to secure the bicycle frame and both wheels. b) Each bicycle parking space shall have a minimum of three feet of clearance on all sides of the bike rack. c) Bicycle spaces shall be surfaced with the same or similar materials approved for the motor vehicle parking lot, lighted and located no greater than 100 feet from the main building entrance. d) Extraordinary bicycle parking designs which depart from the bike rack standard but are consistent with the development's design theme shall be considered by the County architect. Bike racks which function without securing the bicycle frame, require the use of a bicycle kick stand, or which may be freely reoriented are not allowable. 6. Fencing and Walls, Excluding Sound Walls. a. Applicability. The provisions of LDC section 5.03.02 Fence and Walls, Excluding Sound Walls, are applicable within the IUAOD with the following exceptions: i. LDC section 5.03.02.G Supplemental Standards b. Supplemental standards. i. All fences shall have their finished side facing outward. ii. Fences on sites with structures which are subject to section 5.05.08 Architectural & Site Design Standards must comply with the following additional standards: a) Chain link (including wire mesh) and wood fences are permitted forward of the primary façade. b) Fences forward of the primary façade, including chain link, wire mesh, and wood are permitted under the following conditions: i) Fences shall not exceed four feet in height. ii) The fence provides either an open view at a minimum of 25 percent of its length or provides variation in its height for a minimum of 15 percent of its length with a deviation of at least 12 inches. Page 1190 of 6355 [24-LDS-00314/1937227/1] 187 LDCA-20240004278 / 4.14.25 Page 66 of 95 Words struck through are deleted, words underlined are added iii) The fence style must complement building style through material, color, and design. iii. Use of chain link or wire mesh fencing (the requirements of this section are not applicable to single family dwellings). If located adjacent to an arterial or collector road in the urban coastal area, the fence shall be placed no closer than three feet to the edge of the right-of-way or property line. iv. Barbed wire is only authorized within agricultural districts and on fences surrounding public utility ancillary systems in all districts. Razor or concertina wire is not permitted except in the case of an institution whose purpose is to incarcerate individuals, i.e., a jail or penitentiary, or by application and decision by the County Manager or designee. 7. Outdoor lighting requirements. a. Applicability. In addition to LDC section 4.02.08 Outside Lighting Requirements, the following regulations shall apply to all non-residential development within the IUAOD. If any of the provisions noted herein conflict with other regulations within LDC section 4.02.08 Outside Lighting Requirements, the following shall apply. b. Design. i. The design of the lighting fixtures shall be consistent with the design of the project (including outparcels) in style, color, materials, and location. ii. Lighting shall be designed to comply with the intent of the Illuminating Engineering Society of North America (full cutoff). All lighting shall be designed to eliminate uplighting. iii. Lighting shall be designed to prevent the glare or spillage of light onto adjacent properties and to prevent hazardous interference with automotive and pedestrian traffic. In order to accomplish this, all exterior lighting shall be directional, and use recessed light bulbs, filters or shielding to conceal the source of illumination. c. Security Lighting. Lighting for security purposes shall be directed away from and shielded from adjacent properties and rights-of-way. This requirement shall also apply to agricultural uses. 8. Signage. a. Applicability. In addition to LDC section 5.06.00 Sign Regulations and Standards by Land Use Classification, the following regulations shall apply to all businesses within the IUAOD. If any of the provisions noted herein conflict with LDC section 5.06.00 Sign Regulations and Standards by Land Use Classification, the following shall apply. Page 1191 of 6355 [24-LDS-00314/1937227/1] 187 LDCA-20240004278 / 4.14.25 Page 67 of 95 Words struck through are deleted, words underlined are added b. Murals and Wall Art. Murals are allowed as public art within the IUAOD and subject to the following: i. Murals are only allowed on commercial, civic, or institutional buildings. ii. One mural is allowed per building. iii. Murals are permitted on sections of buildings where there are no windows or doors or where the mural will not interfere with the building’s architectural details. iv. The mural shall not contain text. v. The mural cannot be temporary in nature and the building owner must commit to maintaining the mural. vi. Review and approval from the CRA Advisory Board is required to ensure the mural complies with the conditions above and that the artwork complements the design of the building in color, shape, and location. C. Building and site design standards specific to the Mainstreet Overlay Subdistrict (MSOS). 1. Purpose and intent. The standards described in this section shall apply to all non- residential uses in this overlay subdistrict. Where a conflict may arise between these regulations and LDC section 4.02.27, the subdistrict regulations shall control. 2. Dimensional standards. a. Height. Structures shall be no more than 35 feet in height, except that hotel/motel uses shall be no more than 50 feet in height. b. Setback. The Main Street Overlay Subdistrict contains four design districts as described below, which were created in order to maintain and enhance the urban character of downtown Immokalee and to encourage the desired pattern of development. i. Main Street Corridor. a) Main Street Corridor. The Main Street Corridor is for those properties abutting Main Street from Second Street East to Hancock Street or 11th Street. b) First Street Corridor. The First Street Corridor is for those properties abutting First Street from Eustis Avenue to West Main Street. Page 1192 of 6355 [24-LDS-00314/1937227/1] 187 LDCA-20240004278 / 4.14.25 Page 68 of 95 Words struck through are deleted, words underlined are added c) Fifteenth Street Corridor. The Fifteenth Street Corridor is for those properties abutting Fifteenth Street from Hancock Street to Immokalee Drive. d) Side Streets. The side streets include all streets running perpendicular and parallel to the Main Street, First Street and Fifteenth Street Corridors within the Main Street Overlay Subdistrict. Table 1. Dimensional Requirements in the MSOS DESIGN DISTRICT SETBACK FROM THE STREET(FRONT/CORNER)1 SIDE YARD SETBACK REAR YARD SETBACK MAIN STREET CORRIDOR 0’ from property line or 10’ maximum from the back of the curb 2 (see Illustration 1), except setbacks on public streets are a minimum of 0’ from the right-of-way line. Minimum = 0’ if neighboring building has 0’ setback, otherwise maintain a building separation of 10’ (see Illustration 3) Maximum = 50% of lot width (both sides combined) (see Illustration 4) 5’ or 20’ when abutting residential FIRST STREET CORRIDOR 0’ from property line or 8’ maximum from the back of the curb 2 (see Illustration 1), except setbacks on public streets are a minimum of 0’ from the right-of-way line. Minimum = 0’ if neighboring building has 0’ setback, otherwise maintain a building separation of 10’ (see Illustration 3) Maximum = 50% of lot width (both sides combined) (see Illustration 4) 5’ or 20’ when abutting residential FIFTEENTH STREET CORRIDOR 0’ from property line or 25’ maximum from the back of the curb2 (see Illustration 1), except setbacks on public streets are a minimum of 0’ from the right-of-way line. Per LDC 5’ or 20’ when abutting residential Page 1193 of 6355 [24-LDS-00314/1937227/1] 187 LDCA-20240004278 / 4.14.25 Page 69 of 95 Words struck through are deleted, words underlined are added Notes: 1 No building, appurtenance, or site design element listed in LDC section 4.02.27 B, or any outdoor seating areas shall project beyond the property line or be placed into a right-of-way without the appropriate right-of-way permitting in accordance with Resolution 2016-136, as amended. 2 Setback measured from the back of the curb at the sidewalk’s narrowest segment within the same block (e.g. not including bump outs). Illustration 1 - General Building Setbacks Plan View INTERIOR STREETS 5’ maximum for the first two stories, plus 5’ additional setback for buildings over two stories; measured from property line (see Illustration 2), except setbacks on public streets are a minimum of 0’ from the right-of-way line. Per LDC 5’ or 20’ when abutting residential Page 1194 of 6355 [24-LDS-00314/1937227/1] 187 LDCA-20240004278 / 4.14.25 Page 70 of 95 Words struck through are deleted, words underlined are added Illustration 2 - Setback requirements along Side Streets Illustration 3 - Side Yard Setback Requirements – Alternative 1 Page 1195 of 6355 [24-LDS-00314/1937227/1] 187 LDCA-20240004278 / 4.14.25 Page 71 of 95 Words struck through are deleted, words underlined are added Illustration 4 - Side Yard Setback Requirements – Alternative 2 c. Exceptions to building setback requirements. i. Public Space: Street setbacks may be permitted up to 30 feet if pedestrian courtyards, plazas, cafes, fountains, or other public gathering places are provided in front of the recessed portion of the building. For buildings greater than 40 feet in width, the increased setback area shall not exceed 50 percent of the building frontage and shall incorporate a street wall along the original setback line. ii. Arcades: The use of arcades is encouraged and therefore allowed to extend up to the property line. They may have enclosed space, balconies, or verandas above them. Arcades should be open and non-air conditioned. 3. Building and site design standards. a. Architectural Styles. All new non-residential buildings within the MSOS are encouraged to adopt architectural elements consistent with one of the following types of architecture. Conditional uses within the MSOS are required to adopt architectural elements consistent with one of the types of architecture described in Table 1 below: Page 1196 of 6355 [24-LDS-00314/1937227/1] 187 LDCA-20240004278 / 4.14.25 Page 72 of 95 Words struck through are deleted, words underlined are added Table 1 - Architectural style descriptions Spanish Vernacular Frame Vernacular Contemporary Mediterranean Mission ROOF TYPES Multi-level roofs Gable Hip Pent/Visor Parapets Flat roof with curvilinear parapets are most common Gable and Hip also used. Pent/Visor Gable Hip Pent/Visor Parapets Flat overhanging roof Gable Hip Pent ROOF MATERIALS Barrel Tile (half cylinders) or Spanish Tile (s-curved shape) in red and earth tones. Barrel Tile (half cylinders) or Spanish Tile (s-curved shape) Metal roof (5v panels or narrow standing seam) Metal roof Concrete tiles Solar tiles FAÇADE MATERIALS Stucco with sand finish or hand troweled Stucco with sand finish or hand troweled Lapped siding with corner boards (wood or vinyl) Vertical board & batten siding Pattern shingles (for accent only) Concrete Glass Steel WINDOWS Arched windows (some triple- arched) Vertical in proportion Half round transom above windows Sashed Vertical Half round transom Sashed Tall and narrow proportion Sashed Window and door trim projects out from wall cladding Page 1197 of 6355 [24-LDS-00314/1937227/1] 187 LDCA-20240004278 / 4.14.25 Page 73 of 95 Words struck through are deleted, words underlined are added BUILDING COLOR Typically earth tones; however, due to heavy influence from Central & South America brighter colors are encouraged Typically earth tones; however, due to heavy influence from Central & South America brighter colors are encouraged Typically, pastel colors with white trim/accent; however, due to heavy influence from Central & South America brighter colors are encouraged ORNAMENTA TION Arcades Balconies Full arches Wrought iron, wood or cast stone railings. Patterned tiles or single tiles used for accent. Carved stonework Wood or iron window grilles Tile vents Arcades Balconies Full arches Wrought iron, wood or cast stone railings. Patterned tiles or single tiles used for accent. Carved stonework Wood or iron window grilles Tile Porches Columns, spindles (square or turned) Gable end or eave brackets Shutters Transom windows FENCES Combination of masonry and wrought iron Combination of masonry and wrought iron Wood picket fences i. Spanish vernacular. a) Mediterranean Style: Also known as Spanish Eclectic or Spanish Colonial Revival. Characteristics typically include barrel tile, low-pitched roofs usually with little or no overhang, parapets, arches, stucco, and asymmetrical facades. Mediterranean style buildings typically contain the following: multi-level roofs composed of barrel tile (half cylinders) or Spanish Tiles (s-curved shape) in red and earth tones, façade of stucco and sand finish or hand troweled, arched windows (some triple-arched), ornamentation contain full arches and patterned tiles or single tile for accent. b) Mission Style: Influenced by the Spanish Colonial Style. Characteristics typically include barrel tile roofs, arches, earth tone colors, and asymmetrical façades finished in Page 1198 of 6355 [24-LDS-00314/1937227/1] 187 LDCA-20240004278 / 4.14.25 Page 74 of 95 Words struck through are deleted, words underlined are added stucco. Similar to the Mediterranean Style but exhibiting much less ornamentation and detailing. Mission Style buildings typically contain flat roof with curvilinear parapets are most common, barrel tile (half cylinders) or Spanish Tile (s-curved shape), stucco with sand finish or hand troweled, and ornamentation containing full arches. ii. Frame Vernacular. Also known as Florida Cracker or Key West Style. Some frame vernacular buildings in Florida exhibit a Caribbean influence, while others are more utilitarian or rural in nature. Most familiar elements of this style are the use of horizontal siding for façade finish, elaborate wood balustrades, large porches, and metal roofs. Frame Vernacular buildings typically contain metal roofs (5v panels or narrow standing seam), lapped siding with corner boards (wood or vinyl) and ornamentation of gable end or eave brackets. iii. Contemporary. Contemporary architecture focuses on innovation while being in harmony with nature through the use of clean geometric lines and elements such as openness both in interiors and to the outside, natural light, eco-friendly materials and creative styles. This is achieved through the use of a range of building materials such as concrete, glass, wood, and metals. b. Building façade design. Buildings should have architectural features and patterns that provide visual interest from the perspective of the pedestrians and motorists. All additions and alterations shall be compatible with the principal structure in design, color, and materials. i. Façade orientation. New buildings should orient the principal entrance façade parallel to the public right-of-way. If the building fronts on more than one public right-of-way, all facades facing the public rights-of-way should be designed consistent with primary façade requirements. ii. Façade continuity. Facades along Main Street should limit building gaps along the block. If a gap is created between two buildings, one of the following should be provided. a) A pedestrian courtyard (connecting to rear parking areas or alleys), or b) A decorative façade connecting the two buildings, or c) A low street wall along that portion of the lot along the right-of-way not devoted to pedestrian or vehicular access. iii. Façade variation. Page 1199 of 6355 [24-LDS-00314/1937227/1] 187 LDCA-20240004278 / 4.14.25 Page 75 of 95 Words struck through are deleted, words underlined are added a) Primary façades should not exceed 20 horizontal feet and 10 vertical feet, without three of the following elements. When selecting these elements, there should be a combination of vertical and horizontal elements in order to create variation in the façade. i) A change in plane, such as an offset, reveal, or projecting rib (columns, built in planters, arches, voids, etc.). Such plane projections or recesses shall have a width of no less than 20 inches, and a depth of at least six inches. ii) Awnings. iii) Arcades/colonnades. iv) Balconies. v) Complementary change in material/texture. vi) Garage doors. vii) Doors and/or windows. viii) Decorative architectural elements (tiles, medallions, etc.). ix) Raised bands/cornices. b) Secondary façades should include at least two elements from the primary façade list above. In addition to the list above a mural or wall art may be substituted for two façade elements. c. Entrances. i. Corner buildings along the Main Street, First Street or Fifteenth Street corridor should orient the primary entrance to the primary street. ii. All primary entrances should include one of the following: a) Protruding front gable. b) Pilasters, columns, a stoop or other projection or recession in the building footprint that clearly identifies the entrance. iii. In addition, every primary entrance should have two other distinguishing features from the list below: a) Variation in building height; Page 1200 of 6355 [24-LDS-00314/1937227/1] 187 LDCA-20240004278 / 4.14.25 Page 76 of 95 Words struck through are deleted, words underlined are added b) Canopy or portico; c) Raised cornice or parapet over door; d) Arches/columns; e) Ornamental and structural architectural details. d. Glazing. i. The arrangement of windows and doors should be consistent with the architectural style of the building. ii. Windowless façades facing the public right-of-way are prohibited. iii. Transparency requirements include the following: a) The ground floor building wall facing the street should contain windows and doors occupying at least 50 percent of the first-floor façade. The first-floor windows shall be located between three and eight feet measured from ground level. All other floors and elevations shall contain at least 25 percent glazing. b) Clear glass (88 percent light transmission) should be installed on the first floor. Tinted glass allowing a minimum of fifty percent light transmission should only be allowed on second floor windows and above. Stained or art glass is allowed only if it is in character with the style of the building, such as in a church. c) Office uses should have front exterior walls containing a minimum of 25 percent transparent or translucent materials on each story. The side exterior walls (facing the street) should each contain a minimum of 15 percent transparent or translucent materials on each story. d) Transparent materials on walls that are not parallel or approximately parallel to the public right-of-way and on doors shall not be counted toward the minimum transparency requirement. e) Garage or service bay doors shall not be included in the transparency/translucency calculation. e. Landscaping and buffering. To encourage redevelopment, the following landscape criteria shall apply to all commercially zoned properties and those residential properties with permitted commercial uses. The following landscape buffering criteria shall be applicable to projects with a Page 1201 of 6355 [24-LDS-00314/1937227/1] 187 LDCA-20240004278 / 4.14.25 Page 77 of 95 Words struck through are deleted, words underlined are added total building square footage of less than or equal to 5,000 square feet. For all others, LDC section 4.02.27 B.4 applies: i. Properties adjacent to residentially zoned lots/parcels shall provide a minimum 10-foot-wide landscape buffer, consisting of at least a six-foot-high hedge (four feet at time of planting and growing to six feet within one year) or wall, with trees spaced no more than 25 feet on center. ii. Properties adjacent to commercially zoned lots/parcels shall provide a minimum seven and one-half -foot-wide landscape buffer with a single row hedge and trees spaced no more than 30 feet on center. The hedge shall at a minimum consist of three- gallon plants, two feet in height, spaced a minimum of three feet on center at planting. iii. A minimum seven and one-half-foot-wide buffer, with at least two trees per lot/parcel or one tree per 40 linear feet, whichever is greater, shall be required adjacent to all rights-of-way. iv. Lots/parcels that are unable to meet the minimum landscape criteria above, shall be required to provide landscaping to the greatest extent practicable, or an alternative enhancement plan that may include planters and/or flower boxes for each property, as approved by the County Manager or designee. f. Off-street parking. Minimum off-street parking and off-street loading. Standards for parking within the MSOS, and as set forth below: i. No additional off-street parking is required for outdoor dining or outdoor restaurant seating areas. ii. All properties within the MSOS, having frontage on Main Street, First Street, or Ninth Street are required by this subdistrict to locate all parking areas in the rear yard and/or side yards. a) Lots, parcels, or uses which have frontage on West Main Street (SR 29) or First Street (CR 846) shall comprise the primary areas within the MSOS. b) Uses in existence, as of the effective date of this LDC section, are exempt from the minimum parking requirements as set forth in LDC section 4.05.00, except that existing uses shall not reduce the number of spaces below what is provided as of the effective date of this LDC. c) A change of use shall be exempt from the minimum parking requirements as set forth in LDC section 4.05.00 up to an intensity level of one parking space per 100 square feet. A change of use to an intensity of greater than Page 1202 of 6355 [24-LDS-00314/1937227/1] 187 LDCA-20240004278 / 4.14.25 Page 78 of 95 Words struck through are deleted, words underlined are added one space per 100 square feet shall require parking at one parking space per 150 square feet. d) Any use in a building constructed after the effective date of this LDC will be required to provide parking at 50 percent of the minimum requirement as set forth in LDC section 4.05.00. iii. Lots, parcels, or uses which do not have frontage on Main Street or First Street shall comprise the secondary area within the MSOS. a) Uses in existence as of the effective date of this LDC Section are exempt from the minimum parking requirements as set forth in LDC section 4.05.00 except that existing uses shall not reduce the number of spaces below that which is provided as of the effective date of this LDC. b) A change of use shall be exempt from the minimum parking requirements as set forth in LDC section 4.05.00 up to an intensity level of one parking space per 100 square feet. A change of use to an intensity greater than one parking space per 100 square feet shall require parking at 50 percent of the minimum requirement as set forth under LDC section 4.05.00. No change in use shall allow for a reduction of the current number of parking spaces provided. iv. The provisions of the MSOS do not prevent establishments utilizing shared parking agreements and off-site parking arrangements as set forth in LDC section 4.05.00. Furthermore, the maximum distances set forth in LDC section 4.05.00 shall be increased to 1,000 feet within the boundaries of the MSOS. Properties within the MSOS entering into off-site parking agreements with properties outside the MSOS may utilize the 1,000-foot rule. v. Standards for landscaping in vehicular use areas within the MSOS. a) Landscaping is required in the interior of vehicular use areas. At least ten percent of the gross square footage of onsite vehicular use area shall be devoted to interior landscaping areas. b) All rows of parking spaces shall be bordered on each end by curbed landscape islands/Terminal Landscape Islands. Each terminal island shall measure no less than eight feet in width from inside the curb and extend the entire length of the single or double row of parking spaces bordered by Page 1203 of 6355 [24-LDS-00314/1937227/1] 187 LDCA-20240004278 / 4.14.25 Page 79 of 95 Words struck through are deleted, words underlined are added the island. Type D or Type F curb per current FDOT Design Standards is required around all landscape islands. Terminal islands shall be landscaped with at least one canopy tree. The remainder of the terminal island shall be landscaped with sod, ground covers or shrubs or a combination of any of the above. c) Vehicular use areas under 25 required parking spaces within the MSOS are exempt from the LDC section 4.06.03 requirement that does not allow more than 10 contiguous parking spaces without being separated by a landscape island. In lieu of landscape islands, ten percent of the gross square footage of onsite vehicular use area shall be added to the perimeter landscape buffer area. Vehicular use areas over 25 required parking spaces shall comply with LDC section 4.06.03 B.2. g. Fencing. i. Street walls are encouraged to screen off-street parking facilities (spaces or driveways) from the right-of-way. ii. Street walls shall be a minimum of three feet and a maximum of five feet in height. iii. Street walls greater than three feet in height above grade shall be no more than 50 percent solid. iv. Street walls should be designed to complement the principal building style, materials, and colors. v. In lieu of a street wall, a continuous hedge row no more than four feet in height can be provided. vi. Utilities/service areas. a) Accessory structures should have the same architectural detail, design elements and roof design as the primary structure. b) Rooftop mechanical equipment should be integrated into the overall mass of a building by screening it behind parapets or by recessing equipment into hips, gables, parapets, or similar features. Plain boxes as the only screening mechanism are not acceptable. c) Equipment installed at ground level should be screened by low walls or landscaping. d) Areas for outdoor storage, trash collection, and loading should be incorporated into the primary building design. Page 1204 of 6355 [24-LDS-00314/1937227/1] 187 LDCA-20240004278 / 4.14.25 Page 80 of 95 Words struck through are deleted, words underlined are added The materials used shall be of comparable quality and appearance to those of the primary building. e) Loading areas or docks, outdoor storage, waste disposal, mechanical equipment, satellite dishes, truck parking, and other service support equipment should be located behind the building line and shall be fully screened from the view of public rights-of-way. h. Signage. i. Projecting signs are permitted in addition to permitted signs provided such signs do not exceed six square feet in size and are elevated to a minimum of eight feet above any pedestrian way. ii. Sandwich boards are permitted, one per establishment, not to exceed six square feet and shall only be displayed during business hours. D. Building and site design standards specific to the State Road 29A Commercial Overlay Subdistrict (SR 29OS). 1. Purpose and intent. The standards described in this section shall apply to all non- residential uses in this overlay subdistrict. Where a conflict may arise between these regulations and LDC section 4.02.27, the subdistrict regulations shall control. a. Exceptions. Owners of lots or combination of lots having less than the required street frontage may petition the Board of Zoning Appeals for a variance from the standard in this subdistrict as will not be contrary to the public interests when owing to special conditions peculiar to the property, a literal enforcement of these standards would result in unnecessary and undue hardship. 2. Dimensional standards. a. Height. Buildings shall have a maximum height of 50 feet. b. Setback. i. Front Setback – Minimum 25 feet when abutting S.R. 29, all others shall comply with their underlying zoning and use standards. ii. Rear Setback – Minimum of 25 feet when abutting S.R. 29, all others shall comply with their underlying zoning and use standards. 3. Landscaping and buffering. Page 1205 of 6355 [24-LDS-00314/1937227/1] 187 LDCA-20240004278 / 4.14.25 Page 81 of 95 Words struck through are deleted, words underlined are added a. Projects with a total building square footage of less than or equal to 5,000 square feet shall provide a 10-foot Type A landscape buffer as described in LDC section 4.06.00 along vehicular rights-of-way with required sidewalks and adjacent residential development. Where abutting a commercially zoned or developed property, a Type A landscape buffer as described in LDC section 4.06.00 must be provided. b. Projects with a total building square footage exceeding 5,000 square feet shall provide landscape buffering in accordance with LDC section 4.02.27 B.4. 4. Off-street parking. a. Access points to SR-29 shall comply with Florida State Department of Transportation (FDOT) permitting regulations. Parcels that have less than 440 feet of street frontage shall provide access off existing adjacent roadways, when possible, and should not directly access SR-29. b. Shared parking arrangements and interconnections between adjoining developments shall be encouraged. c. Sidewalks shall be provided to encourage pedestrian traffic. The location of said sidewalks shall be coordinated with adjacent projects. E. Building and site design standards specific to the Jefferson Avenue Commercial Overlay Subdistrict (JACOS). 1. Purpose and intent. The standards described in this section shall apply to all non- residential uses in this overlay subdistrict. Where a conflict may arise between these regulations and LDC section 4.02.27, the subdistrict regulations shall control. 2. Dimensional standards. a. Height. Commercial buildings shall have a maximum height of 50 feet excluding 10 feet for under-building parking. b. Setback. i. Front Setback – A minimum of 25 feet for all commercial buildings when abutting Jefferson Avenue. All other setbacks shall comply with their underlying zoning and use standards. ii. All other setbacks shall be in accordance with the underlying zoning and use standards. 3. Landscaping and buffering. a. Projects with a total building square footage of less than or equal to 5,000 square feet shall provide a 10-foot Type I-A landscape buffer, as identified in LDC section 4.02.27 B.4, on Jefferson Avenue. Page 1206 of 6355 [24-LDS-00314/1937227/1] 187 LDCA-20240004278 / 4.14.25 Page 82 of 95 Words struck through are deleted, words underlined are added b. Projects with a total building square footage exceeding 5,000 square feet shall provide landscape buffering in accordance with LDC section 4.02.27 B.4. 4. Off-street parking. a. Access points for future commercial development shall be limited to a maximum of one (1) per 150 feet of street frontage. b. Properties with less than the required street frontage, shall be encouraged, and may be required as a condition of site development plan approval, to utilize shared access points with adjoining commercial development. i. Owners of lots or combination of lots having less than the 150-foot of required frontage may petition the Board of Zoning Appeals for a variance from the standard in this subdistrict as will not be contrary to the public interest when owing to special conditions peculiar to the property, a literal enforcement of these standards would result in unnecessary and undue hardship. ii. Provisions for shared parking arrangements with adjoining developments shall be encouraged. F. Reserved. G. Building and site design standards specific to the Agribusiness/Farm Market Overlay Subdistrict (AFOS). 1. Purpose and intent. The standards described in this section shall apply to all non- residential uses in this overlay subdistrict. Where a conflict may arise between these regulations and LDC section 4.02.27, the subdistrict regulations shall control. 2. Exceptions. The following uses, located within the AFOS and as identified in the Standard Industrial Classification Manual, are exempt from the provisions set forth in LDC section 5.05.08, Architectural and Site Design Standards for Commercial Buildings and Projects and LDC section 4.02.27 B.2 Building Design Standards. a. Agricultural Services (0723). b. Wholesale Trade (5148). c. Agricultural Outdoor Sales. 3. Dimensional standards. Page 1207 of 6355 [24-LDS-00314/1937227/1] 187 LDCA-20240004278 / 4.14.25 Page 83 of 95 Words struck through are deleted, words underlined are added a. Dimensional standards shall be as required for the C-5 zoning district except that the minimum floor area shall be 500 square feet of gross floor area for permitted principal agricultural structures. b. Building height shall have a maximum height of 50 feet. H. Building and site design standards specific to the Industrial Mixed Use Commercial Overlay Subdivision (IMCOS). 1. Purpose and intent. The standards described in this section shall apply to all non- residential uses in this overlay subdistrict. Where a conflict may arise between these regulations and LDC section 4.02.27, the subdistrict regulations shall control. 2. Dimensional standards. a. Height. Building height shall be a maximum of 50 feet. b. Setback. A minimum 75-foot building setback is required for all development adjacent to residentially or agriculturally zoned properties. This setback may be reduced to 50 feet if a minimum six (6) foot tall decorative wall or fence, providing at least 80 percent, opacity is installed within the reduce setback, and the required 20-foot landscape buffer is located between the wall or fence and the adjacent residentially and/or agriculturally-zoned properties. 3. Landscaping and buffering. a. A minimum 20-foot-wide vegetated landscape buffer shall be provided. This vegetated buffer shall be located adjacent to all property lines and shall contain, at a minimum, two staggered rows of trees that shall be spaced no more than 30 feet on center, and a double hedge row at least 24 inches in height at time of planting and attaining a minimum of three (3) feet in height within one year. b. Existing native trees must be retained within this 20-foot-wide buffer area to aid in achieving this buffer requirement; other existing native vegetation shall be retained where possible, to aid in achieving this buffer requirement. c. Water retention/detention aeras shall be allowed in this buffer area if left in a natural state, and drainage conveyance thorough the buffer area shall be allowed if necessary to reach an external outfall. I. Specific Design Standards for New Mobile Home Lots in the Immokalee Urban Area Overlay District (IUAOD). 1. Purpose and intent. The purpose of this section is to provide relief form the dimensional standards established in LDC section 4.02.01 for new mobile home lots approved through an existing conditions site improvement plan or amendments thereof within the Nonconforming Mobile Home Site Overlay Page 1208 of 6355 [24-LDS-00314/1937227/1] 187 LDCA-20240004278 / 4.14.25 Page 84 of 95 Words struck through are deleted, words underlined are added Subdistrict as established in LDC section 2.03.07 G.3.g. This section shall not apply to the replacement of mobile home units identified on lots established by an existing conditions site improvement plan. 2. Dimensional standards. Table 1. Dimensional Standards for New Mobile Home Lots within the IUAOD Design Standard Minimum lot requirements Single-wide units Double-wide units 2,400 square feet 3,500 square feet Minimum lot widths Single-wide units Double-wide units 35 feet 45 feet Minimum setback requirements Interior roads Front yard Side yard Rear yard Public Road frontages 10 feet 5 feet 8 feet 20 feet Minimum separation between structures 10 feet Minimum floor area for replacement units 320 square feet 3. Dumpster/Enclosure. A dumpster or enclosure for individual containers is required in accordance with LDC section 5.03.04. No dumpster shall be located closer than 15 feet from any public street. 4. Private Roads. Private roads leading to and serving the mobile home park or mobile home lots must be improved and maintained and shall consist of a dust- free surface with a minimum width of 20 feet. The dust free surface may consist of aggregate material treated with oil-based material that will bind the aggregate material into a form of macadam road finish. A drainage ditch capable of storing the first one inch of rainfall shall be incorporated into the right-of-way design- cross section, exclusive of the required 20 feet. Drainage shall be directed to a public road via the private road and/or easement conveyance, unless it can be proved that the on-site percolation rates exceed the on-site retention requirement. J. Deviation Regulations. Property owners within the Immokalee Urban Area Overlay District may request deviations from specific dimensional requirements as described in this section. A deviation request may be reviewed administratively or by the Planning Commission depending upon its scope. This section addresses the permissible deviations, limitations thereon, and the review process. 1. Review process. Insubstantial deviations will be reviewed administratively by the County Manager or designee. Substantial deviations will be reviewed by the Hearing Examiner or Collier County Planning Commission (CCPC). This section is not intended to replace the current established process of requesting Page 1209 of 6355 [24-LDS-00314/1937227/1] 187 LDCA-20240004278 / 4.14.25 Page 85 of 95 Words struck through are deleted, words underlined are added deviations through the PUD rezoning process. Any deviations from the LDC which are not expressly provided for in this section shall be processed as variances in accordance with LDC section 9.04.00. 2. Concurrent deviation application required. All deviation requests shall be made concurrently with an application for an SDP or amendment, SIP, or Final Subdivision Plat, or in the case of sign deviations, with a building permit. The applicant shall list all requested deviations on the required site plan(s) and shall depict the deviation(s) graphically on the plan(s). Additional graphic information may also be required by staff, on a case-by-case basis. 3. Insubstantial deviation. Requested deviations that do not exceed 10 percent of the required dimension, amount, size, or other applicable dimensional standard, with the exception of the required number of parking spaces, which may not exceed 20 percent of the LDC requirement (not more than 10 spaces), are insubstantial. To be approved, the following criteria must be considered: a. The proposed deviation is compatible with adjacent land uses and structures, achieves the requirements of the regulations as closely as is practicable, and meets the intent of the related LDC provisions; and b. The applicant proposes equitable tradeoffs for the proposed diminution in development standards, such as increased open space, landscaping, pedestrian spaces, buffering or architectural features, in order to meet the intent of the regulation being diminished. 4. Substantial deviations. Requested deviations that do not qualify as insubstantial deviations are substantial deviations. The Hearing Examiner or CCPC shall consider the following: a. Whether or not the proposed deviation is compatible with adjacent land uses and achieves the requirements and/or intent of the regulations as closely as is practicable. b. Whether the proposed deviation is the minimum amount necessary to allow for reasonable use of the property and/or address the issue necessitating the deviation request. c. Whether the reduced or increased standard requested by the deviation is mitigated for, either on the subject site or by providing a public benefit on the subject site. Examples of such on-site mitigation include but are not limited to: increasing setbacks from the adjacent road right-of-way when proposing to deviate from sign size limitations; increasing plantings or planting sizes or installing a fence or wall where a reduced buffer width is proposed; providing public pedestrian and/or bicycle pathway easements or other similar mobility improvements including transit enhancements; providing public parking; providing beautification in the public realm, including street trees, street furniture, lighting and other similar public benefits. Page 1210 of 6355 [24-LDS-00314/1937227/1] 187 LDCA-20240004278 / 4.14.25 Page 86 of 95 Words struck through are deleted, words underlined are added 5. Applicability – List of Development Standards Eligible for Deviation Requests. Property owners shall be eligible to seek a deviation from the dimensional requirements of the following LDC sections, unless otherwise noted. a. LDC section 2.03.01 Rural Agricultural District, limited to subsection A.1.b.4.ii. b. LDC section 2.03.03 Commercial Zoning Districts, limited to the following subsections: i. A.1.c.11.vii. limited to a maximum of three stories, viii., and ix.; and ii. E.1.c.4.iv. c. LDC section 2.03.04 Industrial Zoning Districts, limited to subsection A.1.c.2.iv., minimum lot area only. d. LDC section 3.05.07 B.1. Preservation Standards, Specific Standards Applicable Outside the RMFU and RLSA districts, Required Preservation Percentages (Table 1 inset). e. LDC section 4.02.01 A Dimensional Standards for Principal Uses in Base Zoning Districts: i. Table 1. Lot Design Requirements for Principal Uses in Base Zoning Districts. ii. Table 2. Building Dimension Standards for Principal Uses in Base Zoning Districts, excluding building height and in the case of commercial parcels, no deviation shall be granted, for new development, from the required 50-foot building setback when abutting residentially zoned properties, or from the minimum 10- foot wide landscaped strip between the abutting road right-of-way and the off-street parking area for new development, but deviations from these requirements may be considered in the case of redevelopment where existing structures and/or encroachments are proposed to remain; iii. Table 2.1 - Table Of Minimum Yard Requirements (Setbacks) for Base Zoning Districts. f. LDC section 4.02.02 Dimensional Standards for Conditional Uses and Accessory Uses in Base Zoning Districts, limited to subsection E, except building height. g. LDC section 4.02.03 Specific Standards for Location of Accessory Buildings and Structures, Dimensional Standards, except that in the case of new development on commercial parcels, no deviation shall be granted from the required 50-foot building setback when abutting residentially zoned properties, or from the minimum 10-foot wide landscaped strip Page 1211 of 6355 [24-LDS-00314/1937227/1] 187 LDCA-20240004278 / 4.14.25 Page 87 of 95 Words struck through are deleted, words underlined are added between the abutting road right-of-way and the off-street parking area. Deviations from these requirements may be considered in the case of redevelopment where existing structures and/or encroachments are proposed to remain. h. LDC section 4.02.03 B. Accessory Building Lot Coverage. i. LDC section 4.02.27 D. Specific Design Standards for the Immokalee— State Road 29A Commercial Overlay Subdistrict, Building Design Standards. j. LDC section 4.02.27 E. Same—Jefferson Avenue Commercial Overlay Subdistrict, Building Design Standards. k. LDC section 4.02.27 G. Same—Agribusiness/Farm Market Overlay Subdistrict, Dimensional Standards. l. LDC section 4.02.27 C. Same—Main Street Overlay Subdistrict, limited to the following subsections: A.; C.1; D.3 and D.4; and E.1, E.2, and E.3. m. LDC section 4.05.04 G. (Spaces Required) Table 17 and 4.05.06 B Loading Space Requirements, utilizing the existing administrative deviation process set forth in LDC Section 4.05.04 F.4., recognizing that the reduced need for off-street parking in Immokalee may be offered as a viable basis for such administrative deviation. n. LDC section 4.02.27 B.4. Buffer Requirements (limited to required width) except that in the case of new development on commercial parcels, no deviation shall be granted from the required 50-foot building setback when abutting residentially zoned properties, or from the minimum 10- foot-wide landscaped strip between the abutting road right-of-way and the off-street parking area. Deviations from these requirements may be considered in the case of redevelopment where existing structures and/or encroachments are proposed to remain. o. LDC section 4.02.27 B.4.e. Landscaping Requirements for Vehicular Use Areas and Rights-of-Way, Standards for Landscaping in Vehicular Use Areas. p. LDC section 4.06.05 B. General Landscaping Requirements, Landscaping requirements for industrial and commercial development, limited to subsection B.3. q. LDC section 4.02.27 B.4.f. General Landscaping Requirements, Building Foundation Planting Requirements. r. LDC section 4.02.27 B.2. Architectural and Site Design Standards, Building Design Standards. Deviations from non-dimensional provisions of this Section are also allowed as substantial deviations. Page 1212 of 6355 [24-LDS-00314/1937227/1] 187 LDCA-20240004278 / 4.14.25 Page 88 of 95 Words struck through are deleted, words underlined are added s. LDC section 4.02.27 B.3. Design Standards for Specific Uses. Deviations from non-dimensional provisions of this section are also allowed as substantial deviations. t. LDC section 4.02.27 B.3. Architectural and Site Design Standards, Site Design Standards, limited to subsections a, b, c. Deviations from non- dimensional provisions of this section are also allowed as substantial deviations. Note: Nothing in LDC section 5.05.08, Architectural and Site Design Standards, shall be deemed to prohibit the use of murals on exterior walls of commercial buildings in the Immokalee Urban Overlay District, provided that: 1) such murals are reviewed and accepted by the Collier County Redevelopment Agency staff; and 2) such murals do not contain text for the purpose of advertising any business or commercial activity. u. LDC section 5.06.04 Development Standards for Signs in Nonresidential Districts, limited to subsection F. 6. Public notice. Public notice, including signage, notice to property owners and an advertised public hearing, is required for substantial deviation requests, and shall be provided in accordance with the applicable provisions of section 10.03.05 B, for Variances. 7. Appeals. Within 30 days of the issuance of the decision of staff or of the CCPC, the owner or any aggrieved person may appeal the decision to the Board of Zoning Appeals pursuant to section No. 250-58 of the Codes of Laws and Ordinances. * * * * * * * * * * * * SUBSECTION 3.D. REPEAL OF SECTIONS 4.02.28 SPECIFIC DESIGN STANDARDS FOR THE IMMOKALEE—JEFFERSON AVENUE COMMERCIAL OVERLAY SUBDISTRICT; 4.02.29 SPECIFIC DESIGN STANDARDS FOR THE IMMOKALEE FARM MARKET OVERLAY SUBDISTRICT; 4.02.30 SPECIFIC DESIGN STANDARDS FOR THE IMMOKALEE—AGRIBUSINESS OVERLAY SUBDISTRICT; 4.02.31 SPECIFIC DESIGN STANDARDS FOR THE IMMOKALEE—CENTRAL BUSINESS OVERLAY SUBDISTRICT; 4.02.32 SPECIFIC DESIGN STANDARDS FOR THE IMMOKALEE—MAIN STREET OVERLAY SUBDISTRICT; 4.02.33 SPECIFIC DESIGN STANDARDS FOR NEW MOBILE HOME LOTS IN THE IMMOKALEE URBAN OVERLAY SUBDISTRICT All of Sections 4.02.28, 4.02.29, 4.02.30, 4.02.31, 4.02.32, and 4.02.33, of Ordinance 04-41, as amended, the Collier County Land Development Code, are hereby repealed as follows: Section 4.02.28 Reserved. Specific Design Standards for the Immokalee—Jefferson Avenue Commercial Overlay Subdistrict A. Building design standards. Page 1213 of 6355 [24-LDS-00314/1937227/1] 187 LDCA-20240004278 / 4.14.25 Page 89 of 95 Words struck through are deleted, words underlined are added 1. Projects with a total building square footage of less than or equal to 5,000 square feet shall provide a ten (10) foot Type A landscape buffer as identified in section 4.06.00 of this LDC on Jefferson Avenue. 2. Projects with a total building square footage exceeding 5,000 square feet shall provide landscape buffering in accordance with section 4.06.00 of this LDC. 3. Commercial buildings shall be set back from Jefferson Avenue a minimum of twenty-five (25) feet. 4. Commercial building shall have a maximum height of fifty (50) feet excluding ten (10) feet for under-building parking. B. Transportation. 1. Access points for future commercial development shall be limited to a maximum one (1) per 150 feet of streetfrontage. Properties with less than the required streetfrontage, shall be encouraged, and may be required as a condition of site development plan approval, to utilize shared access points with adjoining commercial development. 2. Owners of lots or combination of lots having less than the 150-foot of required frontage may petition the Board of Zoning Appeals for a variance from the standard in this subdistrict as will not be contrary to the public interest when owing to special conditions peculiar to the property, a literal enforcement of these standards would result in unnecessary and undue hardship. 3. Provisions for shared parking arrangements with adjoining developments shall be encouraged. Section 4.02.29 Reserved. Specific Design Standards for the Immokalee—Farm Market Overlay Subdistrict A. Dimensional standards shall be as required for the C-5 zoning district except that the minimum floor area shall be 500 square feet gross floor area for permitted principal agricultural structures. B. The following uses, as identified in the Standard Industrial Classification Manual (1987), are exempt from the provisions set forth in section 5.05.08, Architectural and Site Design Standards for Commercial buildings and Projects. 1. Agricultural Services (0723) 2. Wholesale Trade (5148) 3. Agricultural Outdoor Sales Section 4.02.30 Reserved. Specific Design Standards for the Immokalee—Agribusiness Overlay Subdistrict The following uses, as identified in the Standard Industrial Classification Manual (1987), are exempt from the provisions set forth in section 5.05.08. of the Architectural and Site Design Page 1214 of 6355 [24-LDS-00314/1937227/1] 187 LDCA-20240004278 / 4.14.25 Page 90 of 95 Words struck through are deleted, words underlined are added Standards for Commercial buildings and Projects: Agricultural Services (0723) and Wholesale Trade (5148). Section 4.02.31 Reserved. Specific Design Standards for the Immokalee—Central Business Overlay Subdistrict Parking within the Immokalee Central Business Subdistrict shall meet the following standards: A. Lots, parcels, or uses which have frontage on West Main Street (SR 29) or First Street (CR 846) shall comprise the primary areas. 1. Uses in existence as of the effective date of this LDC are exempt from the minimum parking requirements as set forth in section 4.05.00 except that existing uses shall not reduce the number of spaces below that which is provided as of the effective date of this LDC. 2. The expansion of any use shall require parking at fifty (50) percent of the minimum requirement as set forth in section 4.05.00 for the expansion only. 3. A change of any use shall be exempt from the minimum parking requirements as set forth in section 4.05.00 up to an intensity level of one (1) parking space per 100 square feet. A change of use to an intensity of greater than one (1) space per 100 square feet shall require parking at one (1) parking space per 150 square feet. 4. Any use in a building constructed after the effective date of this LDC will be required to provide parking at fifty (50) percent of the minimum requirement as set forth in section 4.05.00. B. Lots, parcels, or uses which do not have frontage on Main street or First street shall comprise the secondary area. 1. Uses in existence as of the effective date of this LDC are exempt from the minimum parking requirements as set forth in section 4.05.00 except that existing uses shall not reduce the number of spaces below that which is provided as of the effective date of this LDC. 2. The expansion of any use shall require an addition to any parking of the minimum number of required spaces as set forth under section 4.05.00, for the expansion only. 3. A change of any use shall be exempt from the minimum parking requirements as set forth in section 4.05.00 up to an intensity level of one (1) parking space per 100 square feet. A change of use to an intensity greater than one (1) parking space per 100 square feet shall require parking at fifty (50) percent of the minimum requirement as set forth under section 4.05.00. No change in use shall allow for a reduction of the current number of parking spaces provided. 4. Any use in a building constructed after the effective date of this LDC will be required to provide parking at sixty-seven (67) percent of the minimum requirement as set forth in section 4.05.00. Page 1215 of 6355 [24-LDS-00314/1937227/1] 187 LDCA-20240004278 / 4.14.25 Page 91 of 95 Words struck through are deleted, words underlined are added C. In no way shall the provisions of the Immokalee central business subdistrict (ICBSD) be construed so as to prevent establishments within the boundaries from taking advantage of off-site parking arrangements as set forth in section 4.05.00. Furthermore, the maximum distances set forth in section 4.05.00 shall be increased to 600 feet within the boundaries of the ICBSD, Properties within the ICBSD entering into off-site parking agreements with properties outside the ICBSD may utilize the 600-foot rule. Section 4.02.32 Reserved. Specific Design Standards for the Immokalee—Main Street Overlay Subdistrict A. Dimensional Standards. 1. Front yard. Ten (10) feet except in the event of an awning, arcade or colonnade which may extend up to seven (7) feet into the required yard. 2. Side yard. Zero (0) in the event a wall is contiguous to another wall on an adjacent property, otherwise ten (10) feet. 3. Rear yard. Five (5) feet. 4. Rear yard abutting residential. Twenty (20) feet. 5. Structures shall be no more than thirty-five (35) feet in height, except that hotel/motel uses shall be no more than fifty (50) feet in height. B. Minimum off-street parking and off-street loading. As permitted by section 4.02.31. standards for parking within the Immokalee Central Business district, and as set forth below: 1. Outdoor cafe areas, shall be exempt from parking calculations. 2. All properties within the Main Street Overlay subdistrict, having frontage on Main Street, First Street or Ninth Street are required, by this subdistrict to locate all parking areas in the rear yard and/or in side yards. C. Signs. 1. Projecting signs are permitted in addition to permitted signs provided such signs do not exceed six (6) square feet in size and are elevated to a minimum of eight (8) feet above any pedestrian way. 2. Sandwich boards are permitted, one (1) per eating establishment, not to exceed six (6) square feet in size and shall only be displayed during business hours. D. Development shall be subject to the provisions of section 5.05.08, Architectural and site design standards for commercial buildings and projects, except as set forth below: 1. Properties having frontage on Main Street or First Street or Ninth Street are required to locate their primary business entrance on that street. Parcels fronting both Main Street and First Street or both Main Street and Ninth Street are required to locate their primary business entrance on Main Street. 2. Reflective or darkly tinted glass is prohibited on ground floor windows. 3. Properties with less than fifty (50) feet of road frontage shall only require a minimum of one (1) roof change. Page 1216 of 6355 [24-LDS-00314/1937227/1] 187 LDCA-20240004278 / 4.14.25 Page 92 of 95 Words struck through are deleted, words underlined are added 4. Commercial projects 5,000 square feet in size or less shall only require a minimum of two (2) design features, as described within section 5.05.08 of this LDC. 5. To encourage redevelopment within the Main Street Overlay subdistrict, for proposed redevelopment of existing projects that do not increase impervious surface area and whose total building area is less than or equal to 5,000 square feet in size, the applicant shall be exempt from section 4.06.00 of the landscaping and buffering provisions, requiring the seal of a landscape architect and shall also be exempt from section 5.05.08., Architectural and Site Design Standards and Guidelines for Commercial buildings and Projects, requiring the seal of an architect. 6. The minimum commercial design criteria, as set forth above, shall be applicable to projects with a total building square footage of less than or equal to 5,000 square feet. E. To encourage redevelopment, the following landscape criteria shall apply to all commercially zoned properties and those residential properties with permitted commercial uses, except where otherwise prohibited by this subdistrict. The following landscape buffering criteria shall be applicable to projects with a total building square footage of less than or equal to 5,000 square feet: 1. Properties adjacent to residentially zoned lots/parcels shall provide a minimum ten (10) foot wide landscape buffer, six (6) foot high hedge or wall (four (4) feet at planting; six (6) feet within one (1) year) with trees spaced no more than twenty (25) feet on center; 2. Properties adjacent to commercially zoned lots/parcels shall provide a minimum five (5) foot wide landscape buffer with a single row hedge and trees spaced no more than thirty (30) feet on center. The hedge shall at a minimum consist of three (3) gallon plants, two (2) feet in height spaced a minimum of three (3) feet on center at planting. 3. A minimum five (5) foot buffer, with at least two (2) trees per lot/parcel or one (1) tree per forty (40) linear feet whichever is greater, shall be required adjacent to all rights-of-way; 4. Lots/parcels that are unable to meet the above minimum landscape criteria, shall be required to provide landscape planters and/or flower boxes for each such property, as recommended by the County Manager or designee. Section 4.02.33 Reserved. Specific Design Standards for New Mobile Home Lots in the Immokalee Urban Overlay Subdistrict The purpose of this section is to provide relief from the dimensional standards established in LDC section 4.02.01 for new mobile home lots approved through an existing conditions site improvement plan or amendments thereof within the Nonconforming Mobile Home Site Overlay Subdistrict, as established in LDC section 2.03.07 G.6. This section shall not apply to the replacement of mobile home units identified on lots established by an existing conditions site improvement plan. A. Dimensional standards. Page 1217 of 6355 [24-LDS-00314/1937227/1] 187 LDCA-20240004278 / 4.14.25 Page 93 of 95 Words struck through are deleted, words underlined are added Table 15. Dimensional standards for the Nonconforming Mobile Home Site Overlay Subdistrict Design Standard Minimum lot requirements Single-wide units Double-wide units 2,400 square feet 3,500 square feet Minimum lot width Single-wide units Double wide units 35 feet 45 feet Minimum setback requirements Interior roads Front yard Side yard Rear yard Public road frontages 10 feet 5 feet 8 feet 20 feet Minimum separation between structures 10 feet Minimum floor area for replacement units 320 square feet B. A dumpster or enclosure for individual containers is required in accordance with section 5.03.04. of this LDC. No dumpster shall be located closer than fifteen (15) feet from any public street. C. Private roads leading to and serving the mobile home park or mobile home lots must be improved and maintained, and shall consist of a dust free surface with a minimum width of twenty (20) feet. The dust free surface may consist of aggregate material treated with oil- based material that will bind the aggregate material into a form of macadam road finish. A drainage ditch capable of storing the first one inch of rainfall shall be incorporated into the right-of-way design-cross section, exclusive of the required twenty (20) feet. Drainage shall be directed to a public road via the private road and/or easement conveyance, unless it can be proved that the on-site percolation rates exceed the on-site retention requirement. * * * * * * * * * * * * SUBSECTION 3.E. AMENDMENTS TO SECTION 5.03.02 FENCES AND WALLS, EXCLUDING SOUND WALLS Section 5.03.02 Fences and Walls, Excluding Sound Walls, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: Section 5.03.02 Fences and Walls, Excluding Sound Walls * * * * * * * * * * * * Page 1218 of 6355 [24-LDS-00314/1937227/1] 187 LDCA-20240004278 / 4.14.25 Page 94 of 95 Words struck through are deleted, words underlined are added G. Supplemental Standards. 1. Fences on sites with structures which are subject to LDC section 5.05.08 Architectural & Site Design Standards, except for residential properties located in the IUAOD, must comply with the following additional standards: a. Chain link (including wire mesh) and wood fences are prohibited forward of the primary façade and shall be a minimum of 100 feet from a public right-of-way. If these types of fences face a public or private street then they shall be screened with an irrigated hedge planted directly in front of the fence on the street side. Plant material shall be a minimum of 3 gallons in size and planted no more than 3 feet on center at time of installation. This plant material must be maintained at no less than three- quarters of the height of the adjacent fence. b. Fences forward of the primary façade, excluding chain link, wire mesh and wood are permitted under the following conditions: i. Fences shall not exceed 4 feet in height. ii. The fence provides either an open view at a minimum of 25 percent of its length or provides variation in its height for a minimum of 15 percent of its length with a deviation of at least 12 inches. iii. The fence style must complement building style through material, color and design. 2. Use of chain link or wire mesh fencing (the requirements of this section are not applicable to single family dwellings): a. If located adjacent to an arterial or collector road in the urban coastal area, the fence shall be placed no closer than three feet to the edge of the right-of-way or property line. b. Except when located in the IUAOD, Tthe fence shall be screened by an irrigated, living plant hedge at least thirty (30) inches in height at planting and spaced a distance apart that will achieve opacity of 80 percent sight- obscuring screen within one year of planting. c. Residential properties within the IUAOD shall allow coated chain link fences (black or green) which shall not exceed four feet in height. * * * * * * * * * * * * * SECTION FOUR: CONFLICT AND SEVERABILITY In the event that any provisions of this ordinance should result in an unresolved conflict with the provisions of the Land Development Code (LDC) or Growth Management Plan (GMP), Page 1219 of 6355 [24-LDS-00314/1937227/1] 187 LDCA-20240004278 / 4.14.25 Page 95 of 95 Words struck through are deleted, words underlined are added the applicable provisions of the LDC or GMP shall prevail. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE The provisions of this Ordinance shall become and be made a part of the Land Development Code of Collier County, Florida. The sections of the Ordinance may be renumbered or re-lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION SIX: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ___ day of _____________, 2025. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK OF COLLIER COUNTY, FLORIDA By:__________________________ By:________________________________ , Deputy Clerk Burt L. Saunders, Chairman Approved as to form and legality: __________________________ Heidi F. Ashton-Cicko Managing Assistant County Attorney 04-CMD-01077/____ Page 1220 of 6355