Agenda 11/10/2025 Item #17B (Ordinance - Amending the Collier County Land Development Code to implement the Immokalee Area Master Plan Element of the Growth Management Plan, to change the Immokalee Urban Overlay District)11/10/2025
Item # 17.B
ID# 2025-1186
Executive Summary
Recommendation to adopt an Ordinance amending the Collier County Land Development Code to implement the
Immokalee Area Master Plan Element of the Growth Management Plan, to change the Immokalee Urban Overlay
District to the Immokalee Urban Area Overlay District (IAUOD) Zoning District, revise, rename, and add subdistricts,
and establish uses, boundaries, and design standards. [PL20240004278] (Second of two hearings)
OBJECTIVE: To conduct the first of two hearings on a Land Development Code (LDC) amendment to implement the
Immokalee Area Master Plan Element of the Growth Management Plan, to change the Immokalee Urban Overlay
District to the Immokalee Urban Area Overlay District (IAUOD) Zoning District, revise, rename, and add subdistricts,
and establish uses, boundaries and design standards.
CONSIDERATIONS: The Immokalee Area Planning Commission (IAPC) was formed in 1965, and Immokalee was
governed under separate zoning regulations until 1982. The 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 These overlay districts were superseded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 with the addition of the Main Street Overlay Subdistrict. The
Non-Conforming Mobile Home Park Overlay Subdistrict was established in 2002. Exhibit A provides a list of LDC
amendments specific to Immokalee from 1982 to the present.
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 between
land use and transportation planning, stimulate the redevelopment and/or renewal of blighted areas, and eliminate land
uses that were 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 term of
the Immokalee Redevelopment Area 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
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Item # 17.B
ID# 2025-1186
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
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. LDC amendments are reviewed by the Board, Collier County Planning Commission (CCPC), Development
Services Advisory Committee (DSAC), and the Land Development Review Subcommittee of the DSAC (DSAC-LDR).
Development Services Advisory Committee (DSAC) Recommendation:
On September 4, 2024, the DSAC recommended approval of the LDC amendment.
Collier County Planning Commission (CCPC) Recommendation:
On March 6, 2025, the CCPC recommended approval of the LDC amendment. However, substantive changes were
made to the amendment after the CCPC had reviewed it. In an abundance of caution, staff brought these changes back
to the CCPC for their review at another nighttime hearing. The CCPC reviewed the additional changes and
recommended approval on September 24, 2025. The highlighted changes are shown on pages 3-4, 10-11, 13, 71-72, and
76-78 on the attached LDCA document.
Because this LDC amendment proposes a change to the list of actual permitted and conditional uses of land within a
zoning category, LDC Section 10.03.06 K requires two Board hearings, with at least one hearing held after 5:00 p.m. on
a weekday. On April 22, 2025, the Board directed staff to waive the nighttime hearing requirement and to instead hold
two regularly scheduled daytime hearings and advertise an Ordinance that would amend the LDC. On October 28,
2025, the Board voted to approve the proposed Ordinance at the first meeting. This meeting today represents the second
of the two required meetings.
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 wtih this action.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires an affirmative vote of four
for approval. Section 28 of Senate Bill 180 (2025) prohibits counties listed in the Federal Disaster Declaration for
Hurricane Debby, Helene or Milton from adopting more burdensome procedures concerning review, approval and
issuance of development orders. If the county receives a notice of violation of this Section, the county has 14 days to
notice an intent to repeal the adopted ordinance and an additional 14 days to repeal it. The prohibition of more
restrictive or burdensome procedures in Section 28 currently expires October 1, 2027. In a civil action against the county
for a violation of the prohibition, the county is responsible for plaintiff’s attorney’s fees if the civil action is successful. -
-HFAC
RECOMMENDATION(S): To adopt the proposed Ordinance amending the Collier County Land Development Code
to implement the Immokalee Area Master Plan Element of the Growth Management Plan, to change the Immokalee
Urban Overlay District to the Immokalee Urban Area Overlay District (IAUOD) Zoning District, revise, rename, and
add subdistricts, and establish uses, boundaries, and design standards.
PREPARED BY: Eric Johnson, AICP, CFM, Planning Manager, Zoning Division
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Item # 17.B
ID# 2025-1186
ATTACHMENTS:
1. Draft Ordinance (10-09-2025)
2. LDCA (10-07-2025)
3. legal ad - agenda ID 25-1186 - Immokalee Urban Area Overlay LDCA-PL20240004278 - 11-10-25 BCC (2nd hrg)
4. Business Impact Estimate - agenda ID 25-1186 - Immokalee Urban Area Overlay LDCA-PL20240004278 - 11-10-25 BCC (2nd
hrg)
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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)
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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 advertised public hearings on March 6, 2025 and September 24, 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:
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SECTION ONE: RECITALS
The foregoing Recitals are true and correct and incorporated by reference herein as if
fully set forth.
SECTION TWO: FINDINGS OF FACT
The Board of Commissioners of Collier County, Florida, hereby makes the following
findings of fact:
1. Collier County, pursuant to § 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,
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policies, land uses, densities, or intensities in the comprehensive plan and if it meets all other
criteria enumerated by the local government.
9. Section 163.3194(3)(b), 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:
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Section 2.03.07 Overlay Zoning Districts
* * * * * * * * * * * * *
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.
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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.
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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
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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
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minimum number of disabled parking spaces pursuant to
section 4.05.07 shall be required.
iii. Limited hours of operation.
iv. Fencing, lighting.
v. Fire protection measures.
vi. Sanitary facilities.
vii. The applicant shall provide a notarized letter from the
property owner granting permission to utilize the subject
property for 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.
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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.
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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
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ii. Such tower may not exceed a height of 75 feet above
grade including any antennas attached thereto.
b. Permitted uses. For hatched properties within the Main Street Overlay
Subdistrict, all permitted uses within the underlying zoning districts
contained within this Subdistrict, and the following uses are permitted as
of right in this Subdistrict:
1. All uses allowed in the Commercial Professional District (C-1), of
this Code, except for group 7521.
2. Communication towers, as defined in section 5.05.09 subject to
the following:
i. Such tower is an essential service use as defined by
subsection 2.01.03 A.4; and
ii. Such tower may not exceed a height of 75 feet above
grade including any antennas attached thereto.
c. Prohibited uses. All uses prohibited within the underlying residential and
commercial zoning districts contained within this Subdistrict, and the
following uses, shall be prohibited on properties with frontage on Main
Street in between First Street and Ninth Street in the Main Street Overlay
Subdistrict:
1. Automobile parking (7521).
2. Automotive dealers (5511, 5521, 5531 installation, 5551, 5561,
5571, 5599).
3. Facility with fuel pumps.
4. Primary uses such as convenience stores and grocery stores are
prohibited from servicing and repairing vehicles in conjunction with
the sale of gasoline.
5. Automotive repair, services, parking (7514, 7515, 7521) and
carwashes (7542).
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.
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11. Any other heavy commercial use which is comparable in nature
with the forgoing uses and is deemed inconsistent with the intent
of this Subdistrict shall be prohibited.
d. Accessory uses.
1. Uses and structures that are accessory and incidental to the
permitted uses as of right in the underlying zoning districts
contained within this subdistrict and are not otherwise prohibited
by this subdistrict.
2. Communication towers, as defined in section 5.05.09 subject to
the following:
i. Such tower is an essential service use as defined by
subsection 2.01.03 A.4.; and
ii. Such tower may not exceed a height of 75 feet above
grade including any antennas attached thereto.
e. Conditional uses.
1. Conditional uses of the underlying zoning districts contained within
the subdistrict, subject to the standards and procedures
established in LDC section 10.08.00 and as set forth below:
i. Local and suburban passenger transportation (4131, 4173)
located upon commercially zoned properties within the
Main Street Overlay Subdistrict.
ii. Communication towers, as defined in section 5.05.09 of
this Code for essential service uses as defined by
subsection 2.01.03 A.4 that exceed a height of 75 feet
above grade including any antennas attached thereto.
iii. The following conditional uses may be permitted only on
properties with frontage on North First Street, South First
Street, and North Ninth Street within the Main Street
Overlay Subdistrict:
a. Automobile parking (7521).
b. Automotive dealers (5511, 5521, 5531 installation,
5551, 5561, 5571, 5599).
c. Facility with fuel pumps.
d. Automotive repair, services, parking (7514, 7515,
7521) and carwashes (7542).
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e. Radio and television repair shops (7622
automotive).
f. Outdoor storage yards and outdoor storage.
g. Drive-through areas.
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
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c) Limited hours of operation from dawn until dusk.
6. Nonconforming Mobile Home Site Overlay Subdistrict. Establishment of special
conditions for these properties which by virtue of actions preceding the adoption
of Ordinance No. 91-102, on October 30, 1991, were deemed to be
nonconforming as a result of 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.
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i. Minimum separation requirements shall be consistent with State
Fire Marshal Rule 69A-42.0041 Fire Separation Requirements.
ii. The Fire authority having jurisdiction shall provide written
confirmation that either the existing fire hydrant(s) or a
supplemental apparatus, provided by the Fire District, can supply
the required fire flow needed for fire protection.
iii. NFPA 501A: Standard for Fire Safety Criteria for Manufactured
Home Installations, Sites, and Communities as referenced in FAC
69A-60.005.
d. Density. Once the existing conditions site improvement plan is approved,
owners may replace mobile home units with an approved building permit
at sites shown on the site plan. Replacement units may be larger than the
removed unit, so long as the minimum separation standards established
in LDC section 2.03.06 G.6.c.i are met.
i. Where properties currently exceed the density allowed for by the
zoning district, the approved existing conditions site improvement
plan shall establish the maximum density on the property which
shall not exceed the density of the property as depicted on the
Property Appraiser aerial maps dated before February 2016. All
lots and units shall be consistent with the approved existing
conditions site improvement plan.
ii. Where the zoning district allows for additional density, new mobile
home units may be added and shall be identified on the site plan.
New mobile homes shall be subject to the dimensional standards
established in LDC section 4.02.33.
7. Interim Deviations: Property owners within the Immokalee Urban Overlay District
may request deviations from specific dimensional requirements as described in
this section. A deviation request may be reviewed administratively or by the
Planning Commission depending upon its scope. This section addresses the
permissible deviations, limitations thereon, and the review process.
a. Review Process. Insubstantial deviations will be reviewed administratively
by the County Manager or designee. Substantial deviations will be
reviewed by the Planning Commission. This section is not intended to
replace the current established process of requesting deviations through
the PUD rezoning process. Any deviations from the LDC which are not
expressly provided for in this section shall be processed as variances in
accordance with Section 9.04.00 of the LDC.
b. Concurrent Deviation Application required. All deviation requests shall be
made concurrently with an application for an SDP or amendment, SIP or
amendment or Final Subdivision Plat, or in the case of sign deviations,
with a building permit. The applicant shall list all requested deviations on
the required site plan(s), and shall depict the deviation(s) graphically on
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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:
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.
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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:
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
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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.
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).
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xviii. 5.05.08 C Architectural and Site Design Standards, Building
Design Standards. Deviations from non-dimensional provisions of
this section are also allowed as substantial deviations.
xix. 5.05.08 D Design Standards for Specific Uses. Deviations from
non-dimensional provisions of this section are also allowed as
substantial deviations.
xx. 5.05.08 E Architectural and Site Design Standards, Site Design
Standards, limited to subsections 1.b; 2; 3; 4; 5 and 7. Deviations
from non-dimensional provisions of this section are also allowed
as substantial deviations. Note: Nothing in LDC section 5.05.08,
Architectural and Site Design Standards, shall be deemed to
prohibit the use of murals on exterior walls of commercial
buildings in the Immokalee Urban Overlay District, provided that:
1) such murals are reviewed and accepted by the Collier County
Redevelopment Agency staff; and 2) such murals do not contain
text for the purpose of advertising any business or commercial
activity.
xxi. 5.06.04 Development Standards for Signs in Nonresidential
Districts, limited to subsection F.
f. Duration of these provisions. These provisions are interim in nature and
will be in effect until the effective date of Comprehensive Immokalee
Overlay LDC 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
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County Zoning Atlas Maps. The boundary of the IUAOD is delineated on
the Map below:
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.
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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
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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
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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
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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
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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
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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.
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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 Commercial Professional and
General Office District (C-1) uses,
excluding automobile parking
P
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(7521)
All Heavy Commercial (C-5) district
uses
P
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)
P5 P5
Petroleum and petroleum products
wholesalers, except bulk stations
and terminals (5172 - gasoline:
buying in bulk and selling to
farmers - wholesale only)
P5 P5
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 P
Automobile parking (7521) CU2 P
Automotive dealers, not elsewhere
classified (5599)
CU2 P
Automotive rental and leasing,
without drivers (7514, 7515)
CU2 P
Boat dealers (5551) CU P
Carwashes (7542), provided that CU2 P
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carwashes abutting residential
zoning districts shall be subject to
LDC section 5.05.11.
Eating and drinking places (5812,
5813) All establishments engaged
in the retail sale of alcoholic
beverages for on-premise
consumption are subject to the
locational requirements of LDC
section 5.05.01.
P
Equipment rental and leasing
(7359)
P
Farm-product raw materials (5153-
5159)
P P P
Fresh fruits and vegetables (5148) P
Gasoline service stations (5541) CU2 P
Hotels and motels (7011) P P P
Intercity and rural bus
transportation (4131)
CU CU CU CU
Motor vehicle dealers, new and
used (5511, 5521)
CU2 P
Motorcycle dealers (5571) CU2 P
Radio and television repair shops
(7622 - automotive radio repair
shops only)
CU2 P
Recreational vehicle dealers (5561) CU2 P
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
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Wireless communication facilities P6 P6
Industrial Uses
Arrangement of transportation
freight and cargo (4731)
P
Electric, gas, and sanitary services
(4911-4971)
CU
Farm product warehouse and
storage (4221)
CU
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.
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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.
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.
5 Petroleum Bulk Stations and Terminals (5171) and Petroleum and Petroleum Products
Wholesalers, (5172 — gasoline: Buying in bulk and selling to farmers — wholesale only)
are subject to the following:
a) 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.
b) 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.
c) Separation from residentially zoned lands: There shall be a minimum distance of 500
linear feet from all residentially zoned land.
d) Maximum lot area: Two acres.
6 Wireless communication facilities, as defined in LDC section 5.05.09, are permitted by
right as a principal or accessory use, contingent upon the determination that such
facilities are an essential service use defined by LDC section 2.01.03 A.4 and that they
do not exceed a height of 75 feet above grade, including any antennas attached thereto;
otherwise, they require Conditional Use approval. See LDC section 2.03.07 G.4.e. for
where WCF are prohibited in the MSOS.
e. Prohibited Uses. Main Street Overlay Subdistrict - All uses prohibited
within the underlying residential and commercial zoning districts
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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:
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
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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.
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
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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.
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
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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).
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.
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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,
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.
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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
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.
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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.
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).
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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
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.
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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.
Illustration - Measurement of projections and recesses.
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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
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;
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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;
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:
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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.
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.
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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
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.
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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.
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.
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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.
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.
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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.
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:
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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
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
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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
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).
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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.
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.
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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:
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.
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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
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.
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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
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
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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 10-15*
Minimum number
of trees
2 4 3
3
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 Type I-D buffers, the minimum width of the perimeter landscape buffer shall vary
according to the ultimate width of the abutting right-of-way. Where the ultimate width of the
right-of-way is zero to 99 feet, the corresponding landscape buffer shall measure at least ten
feet in width. Where the ultimate width of the right-of-way is 100 or more feet, the
corresponding landscape buffer shall measure at least 15 feet in width.
**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.
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.
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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
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.
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-
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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.
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.)
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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
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 -
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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
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
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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
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
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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
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.
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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
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.
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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
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.
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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
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.
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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
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.
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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.
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.
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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.
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.
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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.
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
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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
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
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
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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
Illustration 2 - Setback requirements along Side Streets
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Illustration 3 - Side Yard Setback Requirements – Alternative 1
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
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frontage and shall incorporate a street wall along the original
setback line.
ii. Architectural Outdoor Arcades: The use of arcades is encouraged
and therefore allowed to extend up to the property line. They may
have balconies, or verandas above them.
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:
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
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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
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
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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
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 will have architectural features and
patterns that provide visual interest from the perspective of pedestrians
and motorists. All additions and alterations shall be compatible with the
principal structure in design, color, and materials.
i. Façade orientation. New buildings will 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 will be designed consistent with primary
façade requirements.
ii. Façade continuity. Façades along Main Street are encouraged to
limit building gaps along the block. If a gap is created between two
buildings, one of the following may be provided.
a) A pedestrian courtyard (connecting to rear parking areas or
alleys), or
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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.
a) Primary façades may not exceed 20 horizontal feet and 10
vertical feet, without three of the following elements. When
selecting these elements, there may 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 may 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 are encouraged to orient the primary entrance to
the primary street.
ii. All primary entrances may include one of the following:
a) Protruding front gable.
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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 is encouraged to have two
other distinguishing features from the list below:
a) Variation in building height;
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 will be consistent with the
architectural style of the building.
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
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.
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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) 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.
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
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
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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
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.
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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 will 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.
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.
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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 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 440 feet
of street frontage or less 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.
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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.
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.
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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 reduced 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
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amendments thereof within the Nonconforming Mobile Home Site Overlay
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
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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.
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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
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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.
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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.
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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
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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.
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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.
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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.
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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
* * * * * * * * * * * *
G. Supplemental Standards.
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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),
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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
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LAND DEVELOPMENT CODE AMENDMENT
PETITION
PL20240004278
SUMMARY OF AMENDMENT
This Land Development Code (LDC) amendment renames the Immokalee
Urban Overlay District to the Immokalee Urban Area Overlay District
(IUAOD). All existing provisions of the Immokalee Urban Overlay
District, including its seven subdistricts would be superseded by the new
IUAOD and its seven subdistricts. LDC amendments are reviewed by the
Board, Collier County Planning Commission (CCPC), Development
Services Advisory Committee (DSAC), and the Land Development
Review Subcommittee of the DSAC (DSAC-LDR Subcommittee).
ORIGIN
Board of County
Commissioners (Board)
HEARING DATES LDC SECTION TO BE AMENDED
Board 11/10/2025
10/28/2025
05/13/2025
2.03.07
2.06.01
4.02.27
4.02.28
4.02.29
4.02.30
4.02.31
4.02.32
4.02.33
5.03.02
Overlay Zoning Districts
Generally
Specific Design Standards for the Immokalee—State Road
29A Commercial Overlay Subdistrict
Specific Design Standards for the Immokalee—Jefferson
Avenue Commercial Overlay Subdistrict
Specific Design Standards for the Immokalee—Farm Market
Overlay Subdistrict
Specific Design Standards for the Immokalee—Agribusiness
Overlay Subdistrict
Specific Design Standards for the Immokalee—Central
Business Overlay Subdistrict
Specific Design Standards for the Immokalee—Main Street
Overlay Subdistrict
Specific Design Standards for New Mobile Home Lots in the
Immokalee Urban Overlay Subdistrict
Fences and Walls, Excluding Sound Walls
CCPC 09/24/2025
03/06/2025
DSAC 09/04/2024
DSAC-LDR 07/29/2024
ADVISORY BOARD RECOMMENDATIONS
DSAC-LDR
No vote taken
DSAC
Approval
CCPC
Approval
BACKGROUND
The Immokalee Area Planning Commission was formed in 1965, and Immokalee was governed under separate
zoning regulations until 1982. The LDC would be amended later that year to define the Immokalee Area Planning
District. In 1991, the 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 would be 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” provides a
list of LDC amendments specific to Immokalee between 1982 and today.
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When the County adopted the Growth Management Plan (GMP) in 1989, it recognized there was a need to have
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 to 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 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 being 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, which extended the term of the Immokalee Redevelopment Area 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 with the intent to
improve the existing LDC regulations to better implement the intent of the updated IAMP. The team worked
with community stakeholders to analyze the existing regulations, including subdistricts; permitted, conditional
and accessory uses; permitted and bonus densities; and dimensional and design standards, to identify conflicting
provisions and potential impediments to redevelopment 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 tabl es per
subdistrict; and reorganization of development standards for the various subdistricts.
FISCAL & OPERATIONAL IMPACTS
There are no anticipated fiscal or operational
impacts associated with this amendment.
GMP CONSISTENCY
The proposed LDC amendment has been reviewed by
Comprehensive Planning staff and may be deemed
consistent with the IAMP.
EXHIBITS: A) List of LDC Amendments
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Amend the LDC as follows:
1
2.03.07 - Overlay Zoning Districts 2
3
G. Immokalee Urban Area Overlay District (IUAOD). 4
5
1. Purpose and intent. The purpose and intent of the IUAOD is to implement the 6
goals, objectives, and policies of the Immokalee Area Master Plan (IAMP) and 7
establish development criteria suitable for the unique character and land use 8
needs of the Immokalee Community. This section, along with LDC section 4.02.27, 9
provides support and implements the community’s vision and the goals, objectives, 10
and policies established through the IAMP. 11
12
2. Applicability. 13
14
a. These regulations shall apply to the Immokalee Urban Area Overlay District 15
as identified by the designation “IUAOD“ on the official Collier County 16
Zoning Atlas Maps. The boundary of the IUAOD is delineated on the Map 17
below: 18
19
20
Map 1 - Immokalee Urban Area Overlay District Boundary 21
22
b. The use regulations within this LDC section and the design standards of 23
LDC section 4.02.27 shall apply to all properties within the IUAOD as 24
depicted on Map 1. 25
26
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c. Properties within the IUAOD may establish uses, densities, and intensities 1
in accordance with the IUAOD or the underlying zoning classification. 2
However, in either instance, the design standards of the IUAOD pursuant 3
to LDC section 4.02.27 shall apply. 4
5
d. Planned Unit Developments (PUDs) that existed prior to {effective date of 6
this ordinance}, and properties with Provisional Uses (PU) approved prior 7
to {effective date of this ordinance}, including amendments or boundary 8
changes to theses PUDs and Provisional Use properties, are not subject 9
to the IUAOD requirements. Any PUD proposed after {effective date of this 10
ordinance} shall apply the provisions of the IUAOD, unless a deviation is 11
approved in accordance with LDC section 4.02.27 J. 12
13
3. Establishment of subdistricts. 14
15
a. Main Street Overlay Subdistrict (MSOS). The purpose of this subdistrict is 16
to encourage development and redevelopment by enhancing and 17
beautifying the Main Street area through design and development 18
standards that promote an urban form and a walkable environment. The 19
subdistrict is identified on Map 2 below and further identified by the 20
designation "MSOS" on the applicable official Collier County Zoning Atlas 21
Maps. 22
23
24
Map 2 – Main Street Overlay Subdistrict 25
26
b. State Road 29A Commercial Overlay Subdistrict (SR29OS). The purpose 27
of the SR29OS designation is to encourage appropriate commercial 28
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development along SR 29A. These commercial uses must be located on 1
a major arterial or collector roadway. The provisions of this subdistrict are 2
intended to provide broader commercial uses along the SR-29 corridor and 3
with development standards contained in LDC section 4.02.27 D. to ensure 4
coordinated access and appropriate landscaping and buffering compatible 5
with nearby residential properties. The subdistrict is identified on Map 3 6
below and further identified by the designation "SR29OS" on the applicable 7
official Collier County Zoning Atlas Maps. 8
9
Map 3 – S.R. 29A Commercial Overlay Subdistrict 10
11
c. Reserved. 12
13
d. Jefferson Avenue Commercial Overlay Subdistrict (JACOS). The purpose 14
of the JACOS designation is to provide retail, office, transient lodging 15
facilities and highway commercial uses that serve the needs of the traveling 16
public. These commercial uses must be located on a major arterial or 17
collector roadway. The provisions of this subdistrict are intended to provide 18
increased commercial opportunity along Jefferson Avenue with 19
development standards contained in LDC section 4.02.27 G.; and ensure 20
coordinated access, appropriate landscaping and buffering to be 21
compatible with nearby residential properties. The subdistrict is identified 22
on Map 5 below and further identified by the designation "JACOS" on the 23
applicable official Collier County Zoning Atlas Maps. 24
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Map 5 – Jefferson Avenue Commercial Overlay Subdistrict 2
3
e. Agribusiness/Farm Market Overlay Subdistrict (AFOS) The purpose of the 4
AFOS designation is to support the agriculture industry and related 5
businesses. The provisions of this subdistrict are intended to allow uses 6
such as production, processing, and distribution of farm-based goods, as 7
well as ancillary and accessory uses, including but not limited to, retail 8
sales, warehousing/storage, equipment repair and agricultural technology 9
and research. The subdistrict is identified on Map 6 below and further 10
identified by the designation "AFOS" on the applicable official Collier 11
County Zoning Atlas Maps. 12
13
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Map 6 – Agribusiness/Farm Market Overlay Subdistrict 2
3
f. Industrial Mixed Use Commercial Overlay Subdistrict (IMCOS). The 4
purpose of the IMCOS designation (Map 7) is to allow uses contained 5
within the Industrial – Mixed Use Subdistrict with complementary 6
commercial uses as listed in Table 1. The overlay comprises 7
approximately 363 acres of which a maximum of 30 percent or 8
approximately 109 acres shall be commercial uses as permitted in the C-4 9
and C-5 zoning districts. The subdistrict is identified on Map 7 below and 10
further identified by the designation "IMCOS" on the applicable official 11
Collier County Zoning Atlas Maps. 12
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Map – 7 Industrial Mixed Use Commercial Overlay 2
Subdistrict 3
4
g. Nonconforming Mobile Home Site Overlay Subdistrict. 5
6
i. Establishment of special conditions for these properties, which by 7
virtue of actions preceding the adoption of Ordinance No. 91-102 8
on October 30, 1991, were deemed to be nonconforming as a result 9
of inconsistencies with the Land Development Code, and are 10
located within the Immokalee Urban Boundary as depicted on the 11
Immokalee Area Master Plan. 12
13
ii. The purpose of these provisions is to recognize that there are 14
nonconforming mobile homes on properties in the Immokalee 15
Urban Area and to establish a process to provide property owners 16
an official record acknowledging the permitted use of the property 17
and render existing mobile homes, and other structures, as lawful. 18
Travel trailers, regardless of the square footage, are not permitted 19
as a permanent habitable structure and may not seek relief under 20
this section. Properties that cannot meet the requirements may 21
pursue an agreement with the Board of County Commissioners to 22
establish compliance with the following regulations. 23
24
iii. Property owners shall file an application as provided for in the 25
Administrative Code, Chapter 4, Section I.3.a. - Immokalee 26
Nonconforming Mobile Home Sites - Existing Conditions Site 27
Improvement Plan and shall only be subject to the criteria, 28
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requirements, and process expressly stated in the Administrative 1
Code and this LDC section. 2
3
iv. The following criteria shall apply to the existing conditions site 4
improvement plan approval process and shall be reviewed by the 5
County Manager or designee. 6
7
a) Minimum separation requirements shall be consistent with 8
State Fire Marshal Rule 69A-42.0041 Fire Separation 9
Requirements. 10
11
b) The Fire authority having jurisdiction shall provide written 12
confirmation that either the existing fire hydrant(s) or a 13
supplemental apparatus, provided by the Fire District, can 14
supply the required fire flow needed for fire protection. 15
16
c) NFPA 501A: Standard for Fire Safety Criteria for 17
Manufactured Home Installations, Sites, and Communities 18
as referenced in FAC 69A-60.005. 19
20
v. Once the existing conditions site improvement plan is approved, 21
owners may replace mobile home units with an approved building 22
permit at sites shown on the site plan. Replacement units may be 23
larger than the removed unit, so long as the minimum separation 24
standards established in LDC section 2.03.06 G.6.c.i are met. 25
26
a) Where properties currently exceed the density allowed for 27
by the zoning district, the approved existing conditions site 28
improvement plan shall establish the maximum density on 29
the property which shall not exceed the density of the 30
property as depicted on the Property Appraiser aerial maps 31
dated before February 2016. All lots and units shall be 32
consistent with the approved existing conditions site 33
improvement plan. 34
35
b) Where the zoning district allows for additional density, new 36
mobile home units may be added and shall be identified on 37
the site plan. New mobile homes shall be subject to the 38
dimensional standards established in LDC section 4.02.27 39
I. 40
41
4. Uses allowed within the IUAOD. 42
43
a. Mobile food dispensing vehicles, permanent, may be allowed on lands 44
zoned Community Facility District (CF) within the IUAOD, subject to 45
Conditional Use approval and contingent upon compliance with LDC 46
section 5.05.16. 47
48
b. All agriculturally zoned lands within the IUAOD shall allow agricultural 49
research and development facilities, agri-business offices and 50
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headquarters, and facilities, offices, headquarters and apparatuses 1
associated with an alternative energy use. 2
3
c. All residentially zoned lands within the IUAOD shall allow small agriculture-4
related business uses, such as fruit and vegetable stands, and farmers 5
markets, through the conditional use process. 6
7
d. Table of Uses. 8
9
i. The Table of Uses identifies uses as permitted uses (P) or 10
Conditional Uses (CU). Conditional uses shall require approval in 11
accordance with the procedures set forth in LDC section 10.08.00. 12
13
ii. In addition to the uses allowed by the underlying zoning district, all 14
properties within the IUAOD shall be allowed the following uses 15
within the respective subdistrict(s), as specified below: 16
17
Table 1. Table of Uses for the IUAOD Subdistricts 18
19
Use Category MSOS SR29OS JACOS AFOS IMCOS
All Business Park (BP) district
uses
P
All Commercial Professional
and General Office District (C-1)
uses, excluding Automobile
parking (7521)
P
All Heavy Commercial (C-5)
district uses
P
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)
P5 P5
Petroleum and petroleum
products wholesalers, except
bulk stations and terminals
(5172 - gasoline: buying in bulk
and selling to farmers-
wholesale only)
P5 P5
Commercial Uses
Arrangement of passenger
transportation (4724-4729)
P
Auctioneering services, auction
rooms (7389, 5999)
CU CU
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Auto and home supply stores
(5531 installation)
CU2 P
Automobile parking (7521) CU2 P
Automotive dealers, not
elsewhere classified (5599)
CU2 P
Automotive rental and leasing,
without drivers (7514, 7515)
CU2 P
Boat dealers (5551) CU P
Carwashes (7542), provided
that carwashes abutting
residential zoning districts shall
be subject to LDC section
5.05.11.
CU2 P
Eating and drinking places
(5812, 5813) All establishments
engaged in the retail sale of
alcoholic beverages for on-
premise consumption are
subject to the locational
requirements of LDC section
5.05.01.
P
Equipment rental and leasing
(7359)
P
Farm-product raw materials
(5153-5159)
P P P
Fresh fruits and vegetables
(5148)
P
Gasoline service stations (5541) CU2 P
Hotels and motels (7011) P P P
Intercity and rural bus
transportation (4131)
CU CU CU CU
Motor vehicle dealers, new and
used (5511, 5521)
CU2 P
Motorcycle dealers (5571) CU2 P
Radio and television repair
shops (7622 - automotive radio
repair shops only)
CU2 P
Recreational vehicle dealers
(5561)
CU2 P
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
P6
CU
P6
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Industrial Uses
Arrangement of transportation
freight and cargo (4731)
P
Electric, gas, and sanitary
services (4911-4971)
CU
Farm product warehouse and
storage (4221)
CU
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
1
1 Outdoor sales of agricultural products are permitted on improved or unimproved properties 2
provided the applicant submits a site development plan which demonstrates that provisions 3
will be made to adequately address the following: 4
5
a) Vehicular and pedestrian traffic safety measures. 6
b) Parking for undeveloped properties will be calculated at a rate of 1/250 square feet 7
of merchandise area. A maximum of 10 percent of the parking required by LDC 8
section 4.05.04 may be occupied or otherwise rendered unusable by the 9
placement of temporary structures, equipment, signs, and merchandise. The 10
minimum number of disabled parking spaces pursuant to LDC section 4.05.07 11
shall be required. 12
c) Limited hours of operation. 13
d) Fencing, lighting. 14
e) Fire protection measures. 15
f) Sanitary facilities. 16
g) The applicant shall provide a notarized letter from the property owner granting 17
permission to utilize the subject property for agricultural outdoor sales. 18
h) The placement of one (1) sign, a maximum of thirty-two (32) square feet, or two 19
(2) such signs for properties containing more than one (1) street frontage shall be 20
permitted. 21
i) Agricultural products may be sold from a vehicle provided that the vehicle is not 22
located in the road right-of-way. 23
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j) Agricultural products may be displayed within any front yard provided it does not 1
adversely affect pedestrian or vehicular traffic or public health or safety and is not 2
located within the road rights-of-way. 3
k) Opaque fencing shall be required adjacent to any road right -of-way. 4
5
2 Permitted only on properties with frontage on North First Street, South First Street, and 6
North Ninth Street within the Main Street Overlay Subdistrict. 7
8
3 Limited to Agricultural equipment repair, industrial truck repair, machinery cleaning, repair 9
of service station equipment, tractor repair. 10
11
4 Conditional use applies unless allowed within the underlying zoning district. 12
13
5 Petroleum Bulk Stations and Terminals (5171) and Petroleum and Petroleum Products 14
Wholesalers, (5172 — gasoline: Buying in bulk and selling to farmers — wholesale only) 15
are subject to the following: 16
17
a) Separation requirements: There shall be a minimum distance of 500 linear feet 18
between the nearest points on any lot or parcel of land containing such proposed 19
operations, and any lot or parcel which is already occupied by such operation, of for 20
which a building permit has been issued. 21
b) Waiver of separation requirements: The board of zoning appeals may by resolution 22
grant a waiver of part or all of the minimum separation requirements set forth above 23
pursuant to section 10.08.00. 24
c) Separation from residentially zoned lands: There shall be a minimum distance of 500 25
linear feet from all residentially zoned land. 26
d) Maximum lot area: Two acres. 27
28
6 Wireless communication facilities, as defined in LDC section 5.05.09, are permitted by right 29
as a principal or accessory use, contingent upon the determination that such facilities are 30
an essential service use defined by LDC section 2.01.03 A.4 and that they do not exceed 31
a height of 75 feet above grade, including any antennas attached thereto; otherwise, they 32
require Conditional Use approval. See LDC section 2.03.07 G.4.e. for where WCF are 33
prohibited in the MSOS. 34
35
e. Prohibited Uses. Main Street Overlay Subdistrict - All uses prohibited 36
within the underlying residential and commercial zoning districts contained 37
within this Subdistrict, and the following uses, shall be prohibited on 38
properties with frontage on Main Street in between First Street and Ninth 39
Street in the Main Street Overlay Subdistrict: 40
41
i. Automobile parking (7521) 42
ii. Automotive dealers (5511, 5521, 5531 installation, 5551, 5561, 43
5571, 5599). 44
iii. Facility with fuel pumps. 45
iv. Primary uses such as convenience stores and grocery stores are 46
prohibited from servicing and repairing vehicles in conjunction with 47
the sale of gasoline. 48
v. Automotive repair, services, parking (7514, 7515, 7521) and 49
carwashes (7542). 50
vi. Radio and television repair shops (7622 automotive). 51
vii. Outdoor storage yards and outdoor storage. 52
viii. Drive-through areas. 53
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ix. Warehousing (4225). 1
x. Wireless communication facilities, as defined in LDC section 2
5.05.09, except as otherwise permitted in this Subdistrict. 3
xi. Any other heavy commercial use which is comparable in nature with 4
the forgoing uses and is deemed inconsistent with the intent of this 5
Subdistrict shall be prohibited. 6
7
G. Immokalee Urban Overlay District. To create the Immokalee Urban Overlay District with 8
distinct subdistricts for the purpose of establishing development criteria suitable for the 9
unique land use needs of the Immokalee Community. The boundaries of the Immokalee 10
Urban Overlay District are delineated on the maps below. 11
12
13
14
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1 2
1. State Road 29 Commercial Overlay Subdistrict: Special conditions for the 3
properties abutting SR-29, as identified in the Immokalee Area Master Plan; 4
referenced on Map 2; and further identified by the designation "SR29COSD" on 5
the applicable official Collier County Zoning Atlas Maps. The purpose of this 6
designation is to provide for retail, office, transient lodging facilities, and highway 7
commercial uses that serve the needs of the traveling public. These commercial 8
uses must be located on a major arterial or collector roadway. The provisions of 9
this subdistrict are intended to provide an increased commercial depth along SR-10
29 with development standards that will ensure coordinated access and 11
appropriate landscaping and buffering compatible with nearby residential 12
properties. 13
14
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1 2
2. Jefferson Avenue Commercial Overlay Subdistrict: Special conditions for the 3
properties abutting Jefferson Avenue as identified in the Immokalee Area Master 4
Plan; referenced on Map 3; and further identified by the designation "JACOSD" on 5
the applicable official Collier County Zoning Atlas Maps. The purpose of this 6
designation is to provide for retail, office, transient lodging facilities and highway 7
commercial uses that serve the needs of the traveling public. These commercial 8
uses must be located on a major arterial or collector roadway. The provisions of 9
this subdistrict are intended to provide an increased commercial opportunity along 10
Jefferson Avenue with development standards that will ensure coordinated access 11
and appropriate landscaping and buffering to be compatible with nearby residential 12
properties.2-03-07-G-2 13
14
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1
2
3. Farm Market Overlay Subdistrict: Special conditions for the properties identified on 3
Map 4; and further identified by the designation "FMOSD" on the applicable official 4
Collier County Zoning Atlas Maps. The purpose of this designation is to provide for 5
wholesale and retail uses, outdoor agricultural product displays and sales areas, 6
truck parking, and packing houses and associated uses. The provisions of this 7
subdistrict are intended to provide retail and wholesale opportunities for 8
agricultural businesses as well as provide truck parking for agricultural sales but 9
not within roadways and rights-of-way. The development standards contained 10
herein have been designed to enhance and encourage development and 11
redevelopment. 12
13
a. Permitted uses: All permitted uses within the underlying zoning districts, 14
and the following uses, as identified in the Standard Industrial Classification 15
Manual (1987), are permitted as a right in this sub-district. 16
17
1. Agricultural Services (0723) 18
2. Wholesale Trade (5148) 19
3. Agricultural Outdoor Sales. Outdoor sales of agricultural products 20
are permitted on improved or unimproved properties provided the 21
applicant submits a site development plan which demonstrates that 22
provisions will be made to adequately address the following: 23
i. Vehicular and pedestrian traffic safety measures. 24
ii. Parking for undeveloped properties will be calculated at a 25
rate of 1/250 square feet of merchandise area. A maximum 26
of ten (10) percent of the parking required by section 4.05.04 27
of this LDC may be occupied or otherwise rendered 28
unusable by the placement of temporary structures, 29
equipment, signs, and merchandise. The minimum number 30
of disabled parking spaces pursuant to section 4.05.07 shall 31
be required. 32
iii. Limited hours of operation. 33
iv. Fencing, lighting. 34
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v. Fire protection measures. 1
vi. Sanitary facilities. 2
vii. The applicant shall provide a notarized letter from the 3
property owner granting permission to utilize the subject 4
property for agricultural outdoor sales. 5
viii. The placement of one (1) sign, a maximum of thirty-two (32) 6
square feet, or two (2) such signs for properties containing 7
more than one (1) street frontage shall be permitted. 8
ix. Agricultural products may be sold from a vehicle provided 9
that the vehicle is not located in the road right-of-way. 10
x. Agricultural products may be displayed within any front yard 11
provided it does not adversely affect pedestrian or vehicular 12
traffic or public health or safety and is not located within the 13
road rights-of-way. 14
xi. A minimum 5-foot landscape buffer shall be required 15
adjacent to any road rights-of-way. 16
4. Petroleum Bulk Stations and Terminals (5171) and Petroleum and 17
Petroleum Products Wholesalers, (5172 — gasoline: Buying in bulk 18
and selling to farmers — wholesale only) provided: 19
i. Separation requirements: There shall be a minimum 20
distance of 500 linear feet between the nearest points on 21
any lot or parcel of land containing such proposed 22
operations, and any lot or parcel which is already occupied 23
by such operation, of for which a building permit has been 24
issued. 25
ii. Waiver of separation requirements: The board of zoning 26
appeals may by resolution grant a waiver of part or all of the 27
minimum separation requirements set forth above pursuant 28
to section 10.08.00. 29
iii. Separation from residentially zoned lands: There shall be a 30
minimum distance of 500 linear feet from all residentially 31
zoned land. 32
iv. Maximum lot area: Two acres. 33
34
c. Accessory uses: 35
36
1. Uses and structures that are accessory and incidental to the 37
permitted uses. 38
39
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1
2
4. Agribusiness Overlay Subdistrict. Special conditions for the properties identified 3
on Map 5; and further identified by the designation "AOSD" on the applicable 4
official Collier County Zoning Atlas Maps. The purpose of this designation is to 5
provide for wholesale uses and agricultural packing houses and associated uses. 6
The provisions of this subdistrict are intended to provide additional lands for 7
agricultural related businesses and expansion opportunities for existing 8
agribusiness. The development standards contained herein have been designed 9
to permit consistent land uses within the AOSD boundary. 10
11
a. Permitted uses: All permitted uses within the underlying zoning districts, 12
and the following uses, as identified in the Standard Industrial Classification 13
Manual (1987), are permitted as a right in this sub-district. 14
15
1. Agricultural Services (0723) 16
17
2. Wholesale Trade (5148) 18
19
b. Accessory uses. 20
21
1. Uses and structures that are accessory and incidental to the 22
permitted uses. 23
24
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1
2
5. Main Street Overlay Subdistrict. Special conditions for the properties identified in 3
the Immokalee Area Master Plan; referenced on Map 7; and further identified by 4
the designation "MSOSD" on the applicable official Collier County Zoning Atlas 5
Maps. The purpose of this designation is to encourage development and 6
redevelopment by enhancing and beautifying the downtown Main Street area 7
through flexible design and development standards. 8
9
a. Permitted uses. For all properties within the Main Street Overlay 10
Subdistrict, except for properties hatched as indicated on Map 7, the Main 11
Street Overlay Subdistrict, all permitted uses within the uses within the 12
underlying zoning districts contained within this Subdistrict, and the 13
following uses may be permitted as of right in this Subdistrict: 14
15
1. Hotel and motels (7011) 16
17
2. Communication towers, as defined in section 5.05.09, subject to the 18
following: 19
20
i. Such tower is an essential service use as defined by 21
subsection 2.01.03 A.4; and 22
23
ii. Such tower may not exceed a height of 75 feet above grade 24
including any antennas attached thereto. 25
26
b. Permitted uses. For hatched properties within the Main Street Overlay 27
Subdistrict, all permitted uses within the underlying zoning districts 28
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contained within this Subdistrict, and the following uses are permitted as of 1
right in this Subdistrict: 2
3
1. All uses allowed in the Commercial Professional District (C-1), of 4
this Code, except for group 7521. 5
6
2. Communication towers, as defined in section 5.05.09 subject to the 7
following: 8
9
i. Such tower is an essential service use as defined by 10
subsection 2.01.03 A.4; and 11
12
ii. Such tower may not exceed a height of 75 feet above grade 13
including any antennas attached thereto. 14
15
c. Prohibited uses. All uses prohibited within the underlying residential and 16
commercial zoning districts contained within this Subdistrict, and the 17
following uses, shall be prohibited on properties with frontage on Main 18
Street in between First Street and Ninth Street in the Main Street Overlay 19
Subdistrict: 20
21
1. Automobile parking (7521). 22
23
2. Automotive dealers (5511, 5521, 5531 installation, 5551, 5561, 24
5571, 5599). 25
26
3. Facility with fuel pumps. 27
28
4. Primary uses such as convenience stores and grocery stores are 29
prohibited from servicing and repairing vehicles in conjunction with 30
the sale of gasoline. 31
32
5. Automotive repair, services, parking (7514, 7515, 7521) and 33
carwashes (7542). 34
35
6. Radio and television repair shops (7622 automotive). 36
37
7. Outdoor storage yards and outdoor storage. 38
39
8. Drive-through areas. 40
41
9. Warehousing (4225). 42
43
10. Communication towers, as defined in section 5.05.09 of this Code, 44
except as otherwise permitted in this Subdistrict. 45
46
11. Any other heavy commercial use which is comparable in nature with 47
the forgoing uses and is deemed inconsistent with the intent of this 48
Subdistrict shall be prohibited. 49
50
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d. Accessory uses. 1
2
1. Uses and structures that are accessory and incidental to the 3
permitted uses as of right in the underlying zoning districts 4
contained within this subdistrict and are not otherwise prohibited by 5
this subdistrict. 6
7
2. Communication towers, as defined in section 5.05.09 subject to the 8
following: 9
10
i. Such tower is an essential service use as defined by 11
subsection 2.01.03 A.4.; and 12
13
ii. Such tower may not exceed a height of 75 feet above grade 14
including any antennas attached thereto. 15
16
e. Conditional uses. 17
18
1. Conditional uses of the underlying zoning districts contained within 19
the subdistrict, subject to the standards and procedures established 20
in LDC section 10.08.00 and as set forth below: 21
22
i. Local and suburban passenger transportation (4131, 4173) 23
located upon commercially zoned properties within the Main 24
Street Overlay Subdistrict. 25
26
ii. Communication towers, as defined in section 5.05.09 of this 27
Code for essential service uses as defined by subsection 28
2.01.03 A.4 that exceed a height of 75 feet above grade 29
including any antennas attached thereto. 30
31
iii. The following conditional uses may be permitted only on 32
properties with frontage on North First Street, South First 33
Street, and North Ninth Street within the Main Street Overlay 34
Subdistrict: 35
36
a. Automobile parking (7521). 37
38
b. Automotive dealers (5511, 5521, 5531 installation, 39
5551, 5561, 5571, 5599). 40
41
c. Facility with fuel pumps. 42
43
d. Automotive repair, services, parking (7514, 7515, 44
7521) and carwashes (7542). 45
46
e. Radio and television repair shops (7622 47
automotive). 48
49
f. Outdoor storage yards and outdoor storage. 50
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1
g. Drive-through areas. 2
3
h. Warehousing (4225). 4
5
i. Communication towers, as defined in LDC 6
section 5.05.09, except as otherwise 7
permitted in this Subdistrict. 8
9
f. Special requirements for outdoor display and sale of merchandise. 10
11
i. Outdoor display and sale of merchandise, within the front and side 12
yards on improved properties, are permitted subject to the following 13
provisions: 14
15
a) The outdoor display/sale of merchandise is limited to the 16
sale of comparable merchandise sold on the premises and 17
is indicated on the proprietors' occupational license. 18
19
b) The outdoor display/sale of merchandise is permitted on 20
improved commercially zoned properties and is subject to 21
the submission of a site development plan that 22
demonstrates that provisions will be made to adequately 23
address the following: 24
25
i) Vehicular and pedestrian traffic safety measures. 26
27
ii) Location of sale/display of merchandise in relation to 28
parking areas. 29
30
iii) Fire protection measures. 31
32
iv) Limited hours of operation from dawn until dusk. 33
34
ii. Outdoor display and sale of merchandise within the sidewalk area 35
only shall be permitted in conjunction with "Main Street" approved 36
vendor carts, provided the applicant submits a site development 37
plan which demonstrates that provisions will be made to adequately 38
address the following: 39
40
a) Location of sale/display of merchandise in relation to road 41
rights-of-way; 42
43
b) Vendor carts are located on sidewalks that afford the 44
applicant a five (5) foot clearance for non-obstructed 45
pedestrian traffic; and 46
47
c) Limited hours of operation from dawn until dusk. 48
49
50
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1
2
6. Nonconforming Mobile Home Site Overlay Subdistrict. Establishment of special 3
conditions for these properties which by virtue of actions preceding the adoption 4
of Ordinance No. 91-102, on October 30, 1991, were deemed to be nonconforming 5
as a result of inconsistencies with the land development code, and are located 6
within the Immokalee Urban Boundary as depicted on the Immokalee Area Master 7
Plan. 8
9
a. Purpose and intent. The purpose of these provisions is to recognize that 10
there are nonconforming mobile homes on properties in the Immokalee 11
Urban Area and to establish a process to provide property owners an 12
official record acknowledging the permitted use of the property and render 13
existing mobile homes, and other structures, as lawful. Travel trailers, 14
regardless of the square footage, are not permitted as a permanent 15
habitable structure and may not seek relief under this section. Properties 16
that cannot meet the requirements may pursue an agreement with the 17
Board of County Commissioners to establish compliance with this LDC 18
section 2.03.07 G.6. 19
20
b. Application requirements. Property owners shall file an application as 21
provided for in the Administrative Code, Chapter 4, Section I.3.a. - 22
Immokalee Nonconforming Mobile Home Sites - Existing Conditions Site 23
Improvement Plan and shall only be subject to the criteria, requirements, 24
and process expressly stated in the Administrative Code and this LDC 25
section. 26
27
c. Criteria for review. The following criteria shall apply to the existing 28
conditions site improvement plan approval process and shall be reviewed 29
by the County Manager or designee. 30
31
i. Minimum separation requirements shall be consistent with State 32
Fire Marshal Rule 69A-42.0041 Fire Separation Requirements. 33
34
ii. The Fire authority having jurisdiction shall provide written 35
confirmation that either the existing fire hydrant(s) or a 36
supplemental apparatus, provided by the Fire District, can supply 37
the required fire flow needed for fire protection. 38
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1
iii. NFPA 501A: Standard for Fire Safety Criteria for Manufactured 2
Home Installations, Sites, and Communities as referenced in FAC 3
69A-60.005. 4
5
d. Density. Once the existing conditions site improvement plan is approved, 6
owners may replace mobile home units with an approved building permit 7
at sites shown on the site plan. Replacement units may be larger than the 8
removed unit, so long as the minimum separation standards established in 9
LDC section 2.03.06 G.6.c.i are met. 10
11
i. Where properties currently exceed the density allowed for by the 12
zoning district, the approved existing conditions site improvement 13
plan shall establish the maximum density on the property which 14
shall not exceed the density of the property as depicted on the 15
Property Appraiser aerial maps dated before February 2016. All lots 16
and units shall be consistent with the approved existing conditions 17
site improvement plan. 18
19
ii. Where the zoning district allows for additional density, new mobile 20
home units may be added and shall be identified on the site plan. 21
New mobile homes shall be subject to the dimensional standards 22
established in LDC section 4.02.33. 23
24
7. Interim Deviations: Property owners within the Immokalee Urban Overlay District 25
may request deviations from specific dimensional requirements as described in 26
this section. A deviation request may be reviewed administratively or by the 27
Planning Commission depending upon its scope. This section addresses the 28
permissible deviations, limitations thereon, and the review process. 29
30
a. Review Process. Insubstantial deviations will be reviewed administratively 31
by the County Manager or designee. Substantial deviations will be 32
reviewed by the Planning Commission. This section is not intended to 33
replace the current established process of requesting deviations through 34
the PUD rezoning process. Any deviations from the LDC which are not 35
expressly provided for in this section shall be processed as variances in 36
accordance with Section 9.04.00 of the LDC. 37
38
b. Concurrent Deviation Application required. All deviation requests shall be 39
made concurrently with an application for an SDP or amendment, SIP or 40
amendment or Final Subdivision Plat, or in the case of sign deviations, with 41
a building permit. The applicant shall list all requested deviations on the 42
required site plan(s), and shall depict the deviation(s) graphically on the 43
plan(s). Additional graphic information may also be required by staff, on a 44
case-by case basis. 45
46
c. Insubstantial Deviations. Requested deviations that do not exceed 10 47
percent of the required dimension, amount, size, or other applicable 48
dimensional standard, with the exception of the required number of parking 49
spaces, which may not exceed 20 percent of the LDC requirement (not 50
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more than 10 spaces), are insubstantial. To be approved, the following 1
criteria must be considered: 2
3
i. The proposed deviation is compatible with adjacent land uses and 4
structures, achieves the requirements of the regulations as closely 5
as is practicable, and meets the intent of the related Land 6
Development Code regulations; and 7
8
ii. The applicant proposes equitable tradeoffs for the proposed 9
diminution in development standards, such as increased open 10
space, landscaping, pedestrian spaces, buffering or architectural 11
features, in order to meet the intent of the regulation being 12
diminished. 13
14
d. Substantial Deviations. Requested deviations that do not qualify as 15
insubstantial deviations are substantial deviations: 16
17
i. Considerations for Review and Approval: The CCPC shall consider 18
the following: 19
20
a) Whether or not the proposed deviation is compatible with 21
adjacent land uses and achieves the requirements and/or 22
intent of the regulations as closely as is practicable; and 23
24
b) Whether the proposed deviation is the minimum amount 25
necessary to allow for reasonable use of the property and/or 26
address the issue necessitating the deviation request; and 27
28
c) Whether the reduced or increased standard requested by 29
the deviation is mitigated for, either on the subject site or by 30
providing a public benefit on the subject site. Examples of 31
such on-site mitigation include but are not limited to: 32
increasing setbacks from the adjacent road right-of-way 33
when proposing to deviate from sign size limitations; 34
increasing plantings or planting sizes or installing a fence or 35
wall where a reduced buffer width is proposed; providing 36
public pedestrian and/or bicycle pathway easements or 37
other similar mobility improvements including transit 38
enhancements; providing public parking; providing 39
beautification in the public realm, including street trees, 40
street furniture, lighting and other similar public benefits. 41
42
e. Applicability - List of Development Standards Eligible for Deviation 43
Requests. Property owners shall be eligible to seek a deviation from the 44
dimensional requirements of the following LDC sections, unless otherwise 45
noted. 46
47
i. 2.03.01 Agricultural Zoning Districts, limited to subsection A.1.b.4.ii. 48
49
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ii. 2.03.03 Commercial Zoning Districts, limited to the following 1
subsections: 2
3
a) A.1.c.11.vii. limited to a maximum of three stories, viii., and 4
ix.; and 5
6
b) E.1.c.4.iv. 7
8
iii. 2.03.04 Industrial Zoning Districts, limited to subsection A.1.c.2.iv., 9
minimum lot area only. 10
11
iv. 3.05.07 B.1 Preservation Standards, Specific Standards Applicable 12
Outside the RMFU and RLSA districts, Required Preservation 13
Percentages (Table 1 inset). 14
15
v. 4.02.01 A Dimensional Standards for Principal Uses in Base Zoning 16
Districts: 17
18
a) Table 1. Lot Design Requirements for Principal Uses in 19
Base Zoning Districts; 20
21
b) Table 2. Building Dimension Standards for Principal Uses in 22
Base Zoning Districts, excluding building height and in the 23
case of commercial parcels, no deviation shall be granted, 24
for new development, from the required 50-foot building 25
setback when abutting residentially zoned properties, or 26
from the minimum 10-foot wide landscaped strip between 27
the abutting road right-of-way and the off-street parking area 28
for new development, but deviations from these 29
requirements may be considered in the case of 30
redevelopment where existing structures and/or 31
encroachments are proposed to remain; 32
33
c) Table 2.1 - Table Of Minimum Yard Requirements 34
(Setbacks) for Base Zoning Districts. 35
36
vi. 4.02.02 Dimensional Standards for Conditional Uses and 37
Accessory Uses in Base Zoning Districts, limited to subsection E 38
(Table Inset), except building height. 39
40
vii. 4.02.03 Specific Standards for Location of Accessory Buildings and 41
Structures, Dimensional Standards, except that in the case of new 42
development on commercial parcels, no deviation shall be granted 43
from the required 50-foot building setback when abutting 44
residentially zoned properties, or from the minimum 10-foot wide 45
landscaped strip between the abutting road right-of-way and the off-46
street parking area. Deviations from these requirements may be 47
considered in the case of redevelopment where existing structures 48
and/or encroachments are proposed to remain. 49
50
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viii. 4.02.03 B Accessory Building Lot Coverage. 1
2
ix. 4.02.27 C Specific Design Standards for the Immokalee—State 3
Road 29A Commercial Overlay Subdistrict, Building Design 4
Standards. 5
6
x. 4.02.28 A Same—Jefferson Avenue Commercial Overlay 7
Subdistrict, Building Design Standards. 8
9
xi. 4.02.29 A Same—Farm Market Overlay Subdistrict, Dimensional 10
Standards. 11
12
xii. 4.02.32 Same—Main Street Overlay Subdistrict, limited to the 13
following subsections: A.; C.1; D.3 and D.4; and E.1, E.2, and 14
E.3.xiii. 4.05.04 G (Spaces Required) Table 17 and 4.05.06 B 15
Loading Space Requirements, utilizing the existing administrative 16
deviation process set forth in LDC section 4.05.04 F.4., recognizing 17
that the reduced need for off-street parking in Immokalee may be 18
offered as a viable basis for such administrative deviation. 19
20
xiv. 4.06.02 C Buffer Requirements (limited to required width) except 21
that in the case of new development on commercial parcels, no 22
deviation shall be granted from the required 50-foot building 23
setback when abutting residentially zoned properties, or from the 24
minimum 10-foot wide landscaped strip between the abutting road 25
right-of-way and the off-street parking area. Deviations from these 26
requirements may be considered in the case of redevelopment 27
where existing structures and/or encroachments are proposed to 28
remain. 29
30
xv. 4.06.03 B Landscaping Requirements for Vehicular Use Areas and 31
Rights-of-Way, Standards for Landscaping in Vehicular Use Areas. 32
33
xvi. 4.06.05 B General Landscaping Requirements, Landscaping 34
requirements for industrial and commercial development, limited to 35
subsection B.3. 36
37
xvii. 4.06.05 C General Landscaping Requirements, Building 38
Foundation Planting Requirements (including Table Inset). 39
40
xviii. 5.05.08 C Architectural and Site Design Standards, Building Design 41
Standards. Deviations from non-dimensional provisions of this 42
section are also allowed as substantial deviations. 43
44
xix. 5.05.08 D Design Standards for Specific Uses. Deviations from 45
non-dimensional provisions of this section are also allowed as 46
substantial deviations. 47
48
xx. 5.05.08 E Architectural and Site Design Standards, Site Design 49
Standards, limited to subsections 1.b; 2; 3; 4; 5 and 7. Deviations 50
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from non-dimensional provisions of this section are also allowed as 1
substantial deviations. Note: Nothing in LDC section 5.05.08, 2
Architectural and Site Design Standards, shall be deemed to 3
prohibit the use of murals on exterior walls of commercial buildings 4
in the Immokalee Urban Overlay District, provided that: 1) such 5
murals are reviewed and accepted by the Collier County 6
Redevelopment Agency staff; and 2) such murals do not contain 7
text for the purpose of advertising any business or commercial 8
activity. 9
10
xxi. 5.06.04 Development Standards for Signs in Nonresidential 11
Districts, limited to subsection F. 12
13
f. Duration of these provisions. These provisions are interim in nature and will 14
be in effect until the effective date of Comprehensive Immokalee Overlay 15
LDC amendments. 16
17
g. Public Notice. Public notice, including signage, notice to property owners 18
and an advertised public hearing, is required for substantial deviation 19
requests and shall be provided in accordance with the applicable provisions 20
of Section 10.03.05 B, for Variances. 21
22
h. Appeals. Within 30 days of the issuance of the decision of staff or of the 23
CCPC, the owner or any aggrieved person may appeal the decision to the 24
Board of Zoning Appeals pursuant to Section No. 250-58 of the Codes of 25
Laws and Ordinances. 26
27
* * * * * * * * * * * * * 28
# # # # # # # # # # # # # 29
30
2.06.01 – Generally 31
32
* * * * * * * * * * * * * 33
34
D. In order to qualify for the AHDB for a development, the developer must apply for and obtain 35
the AHDB from the County for a development in accordance with this section, especially 36
in accordance with the provisions of the AHDB program, including the AHDB rating 37
system, the AHDB monitoring program, and the limitations on the AHDB.1.Preapplication 38
conference. Prior to submitting an application for AHDB, a preapplication conference may 39
be scheduled with the County Manager or designee. The preapplication conference 40
provides an opportunity to familiarize the applicant with the AHDB program and provides 41
an opportunity for the county staff to obtain a clear understanding of the proposed 42
development. The AHDB rating system, the AHDB monitoring program, the limitations, 43
criteria, procedures, standard conditions, standard forms, and other information will be 44
discussed and made available to the applicant. Depending on the type of development 45
proposed, the application may be combined with an application for a planned unit 46
development (PUD), a rezone, or a Stewardship Receiving Area. 47
48
* * * * * * * * * * * * * 49
50
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4. Review and recommendation by the County Manager or designee. After receipt of 1
a completed application for AHDB, the County Manager or designee must review 2
and evaluate the application in light of the AHDB rating system, the AHDB 3
monitoring program and the requirements of this section. The County Manager or 4
designee must coordinate with the Zoning Division director or designee to 5
schedule the AHDB application with the companion application for a PUD, 6
rezoning, SRA, or conditional use, and must recommend to the planning 7
commission and the Board of County Commissioners (BCC) to deny, grant, or 8
grant with conditions, the AHDB application. The recommendation of the County 9
Manager or designee must include a report in support of recommendation. If the 10
AHDB application is for a density bonus that is permitted by right, with no 11
companion application for a PUD, rezoning, SRA, or Conditional Use, then, after 12
review of the application in light of the AHDB rating system, the AHDB monitoring 13
program and the requirements of this section, the County Manager or designee 14
shall schedule the AHDB agreement for consideration by the BCC. The 15
recommendation of the County Manager or designee must include a report in 16
support of recommendation. 17
18
* * * * * * * * * * * * * 19
# # # # # # # # # # # # # 20
21
4.02.27 - Architectural and Site Design Standards for the Immokalee Urban Area Overlay 22
District (IUAOD) Specific Design Standards for the Immokalee—State Road 29A 23
Commercial Overlay Subdistrict 24
25
A. General. 26
27
1. The provisions of LDC section 4.02.27 shall apply to the following buildings and 28
projects within the IUAOD: 29
30
a. Commercial zoning districts and commercial components of PUD zoning 31
districts. 32
33
b. Non-residential PUD zoning districts and non-residential components of 34
any PUD district. 35
36
c. Business Park (BP) zoning district. 37
38
d. Existing buildings located in the zoning districts specified in a., b., or c. 39
above wherein any addition or renovation will result in a change to more 40
than 75 percent of the façade area, or for which the addition or renovation 41
exceeds 50 percent of the square footage of the gross area of the existing 42
building(s). 43
44
2. Residential uses shall be regulated by the underlying zoning districts and 45
applicable development standards. However, any project using the Affordable 46
Housing Density Bonus by Right provision in the Immokalee Area Master Plan 47
Element of the Growth Management Plan will use the Residential Multi-Family-16 48
District development standards in the LDC. 49
50
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3. The provisions of LDC section 5.05.08 do not apply to the properties identified in 1
LDC section 4.02.27 A.1. 2
3
4. Nonconforming buildings approved for use and occupancy prior to November 10, 4
2004, shall not be enlarged or altered in a way which increases the nonconformity. 5
All alterations or façade improvements to nonconforming buildings shall be 6
consistent with LDC section 4.02.27 and shall be reviewed for compliance by the 7
County Manager or designee; however, unaltered portions of the nonconforming 8
building will not be required to comply. 9
10
5. Exceptions. 11
12
a. A historic site, structure, building, district, or property that has been 13
identified and documented as being significant in history, architecture, 14
archaeology, engineering, or culture and is registered through the National 15
Register of Historic Places. 16
17
b. The Rural Agricultural (A) zoning district as established in the Official 18
Zoning Atlas. 19
20
c. Façades facing an interior courtyard provided the façades are not visible 21
from any public property (e.g., street, right-of-way, sidewalk, alley), interior 22
drive, parking lot, or adjacent private property. 23
24
d. The following shall be exempt from the standards of LDC section 4.02.27 25
Architectural and Site Design Standards but shall comply with the exterior 26
materials and color included in LDC section 4.02.27 B.2.k. 27
28
i. Routine repairs and maintenance of an existing building. 29
30
ii. Public utility ancillary systems provided that a building shall not 31
have any wall planes exceeding 35 feet in length, excluding storage 32
tanks, or have an actual building height greater than 18 feet, 33
excluding storage tanks and communications equipment. See LDC 34
section 4.06.05 B.4 for screening requirements of fences and walls 35
surrounding public utility ancillary systems. 36
37
e. Agribusiness/Farm Market Overlay Subdistrict (AFOS). 38
39
i. The following uses, located within the AFOS and as identified in the 40
Standard Industrial Classification Manual, are exempt from the 41
provisions set forth in LDC section 4.02.27 B.2 Building Design 42
Standards. 43
44
a) Agricultural Services (0723). 45
46
b) Wholesale Trade (5148). 47
48
c) Agricultural Outdoor Sales. 49
50
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B. Building and site design standards for the entire Immokalee Urban Area Overlay District 1
(IUAOD). 2
3
1. Architectural styles. The architectural styles may include, but are not limited to, 4
the following: 5
6
a. Spanish Vernacular. 7
8
i. Mediterranean style. Also known as Spanish Eclectic or Spanish 9
Colonial Revival. Characteristics typically include barrel tile, low-10
pitched roofs usually with little or no overhang, parapets, arches, 11
stucco, and asymmetrical façades. Buildings typically contain the 12
following: multi-level roofs composed of barrel tile (half cylinders) or 13
Spanish Tile (s-curved shape) in red and earth tones, façade of 14
stucco with sand finish or hand troweled, arched windows (some 15
triple-arched), ornamentation contain full arches and patterned tiles 16
or single tile for accent. 17
18
ii. Mission style. Influenced by the Spanish Colonial Style. 19
Characteristics typically include barrel tile roofs, arches, earth tone 20
colors, and asymmetrical façades finished in stucco. Similar to the 21
Mediterranean Style but exhibiting much less ornamentation and 22
detailing. Mission Style buildings typically contain flat roof with 23
curvilinear parapets are most common, Barrel Tile (half cylinders) 24
or Spanish Tile (s-curved shape), stucco with sand finish or hand 25
troweled, and ornamentation containing full arches. 26
27
b. Frame Vernaculars. Also known as Florida Cracker or Key West Style. 28
Some frame vernacular buildings in Florida exhibit a Caribbean influence, 29
while others are more utilitarian or rural in nature. Most familiar elements 30
of this style are the use of horizontal siding for façade finish, elaborate 31
wood balustrades, large porches, and metal roofs. Buildings typically 32
contain metal roof (5v panels or narrow standing seam), lapped siding with 33
corner boards (wood or vinyl) and ornamentation of gable end or eave 34
brackets. 35
36
c. Contemporary. Contemporary architecture focuses on innovation while 37
being in harmony with nature through the use of clean geometric lines and 38
elements such as openness both in interiors and to the outside, natural 39
light, eco-friendly materials and creative styles. This is achieved through 40
the use of a range of building materials such as concrete, glass, wood, and 41
metals. 42
43
2. Building Design Standards. 44
45
a. Building façades. The following standards apply: 46
47
i. All primary façades of a building must be designed with consistent 48
architectural style, detail, and trim features. 49
50
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ii. Buildings or projects located at the intersection of two or more 1
arterial or collector roads shall include design features to 2
emphasize their location as gateways and transition points within 3
the community. 4
5
b. Principal entrance façade standards. 6
7
i. Building entrance. Buildings located along a public or private street 8
must be designed with the principal entrance clearly defined, and 9
with convenient access from both parking and the street. 10
11
ii. Design features. The design of principal entrance façades must 12
include, at a minimum, two of the following design features. 13
However, a minimum of one of the following design features is 14
required for buildings less than 5,000 square feet. 15
16
a) Glazing covering a minimum of 25 percent of the principal 17
entrance façade area, consisting of window and/or glazed 18
door openings. As an alternative, trellis or latticework on the 19
principal entrance façade used as a support for climbing 20
plants may count for up to 50 percent of the window area on 21
principal entrance facades. The planting area shall be an 22
irrigated bed three (3) feet in depth and a minimum width 23
equal to the width of the trellis with three (3)-gallon vines at 24
three (3) feet on center at time of installation. Climbing 25
plants shall achieve 80 percent opacity on the trellis within 26
one year. 27
28
b) Projected or recessed covered principal entrance facades 29
providing a minimum horizontal dimension of eight feet and 30
a minimum area of 100 square feet. In addition, a minimum 31
of 15 percent of the principal entrance façade area must be 32
devoted to window and/or glazed door openings. 33
34
c) Covered walkway, or arcade (excluding canvas type) 35
constructed with columns at least eight (8) inches wide, 36
attached to the building, or located no more than 12 feet 37
from the building. The structure must be permanent, and its 38
design must relate to the principal structure. The minimum 39
width must be six (6) feet, with a total length measuring a 40
minimum of 40 percent of the length of the associated 41
façade. In addition, a minimum of 15 percent of the principal 42
entrance façade area must be devoted to window and/or 43
glazed door openings. 44
45
d) Awnings located over doors, windows, or other ornamental 46
design features projecting a minimum of two (2) feet from 47
the principal entrance façade wall and a width totaling a 48
minimum of 25 percent of the principal entrance façade 49
length. In addition, a minimum of 15 percent of the principal 50
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entrance façade area must be devoted to window and/or 1
glazed door openings. 2
3
e) Porte-cochere with a minimum horizontal dimension of 18 4
feet. In addition, a minimum of 15 percent of the principal 5
entrance façade area must be devoted to window and/or 6
glazed door openings. 7
8
f) A tower element such as but not limited to a clock or bell 9
tower element. In addition, a minimum of 15 percent of the 10
principal entrance façade area must be devoted to window 11
and/or glazed door openings. 12
13
g) Trellis or latticework covering a minimum of 15 percent of 14
the principal entrance façade and used as a support for 15
climbing plants. The planting area shall be an irrigated bed 16
three (3) feet in depth and a minimum width of the trellis with 17
three (3)-gallon vines at three (3) feet on center at time of 18
installation and climbing plants shall achieve 80 percent 19
opacity on the trellis within one year. This provision shall not 20
be utilized with the alternative design feature identified in 21
LDC section 4.02.27 B.2.b.ii.a. 22
23
h) Entry plaza to the building with a minimum 100 square feet 24
in area that includes seating. In addition, a minimum of 15 25
percent of the primary façade area must be devoted to 26
window and/or glazed door openings. 27
28
i) Entry courtyard contiguous with the building entry and 29
connected to the principal entrance façade consisting of a 30
defined space with a minimum area of 300 square feet. The 31
courtyard may be any combination of hard or softscape with 32
walkways and defined hard edge, decorative fencing, or a 33
minimum three (3)-foot wall(s). In addition, a minimum of 15 34
percent of the principal entrance façade area must be 35
devoted to window and/or glazed door openings. 36
37
j) For mixed use development projects within C-1 through C-38
3 zoning districts the following design features may be used: 39
40
i) Open arcade or covered walkway with a minimum 41
depth of eight (8) feet and a minimum length of 60 42
percent of the façade. 43
44
ii) A building recess or projection of the first floor with 45
minimum depth of eight (8) feet and total minimum 46
length of 60 percent of the façade length. 47
48
iii) Architectural elements such as balconies and bay 49
windows with a minimum depth of three (3) feet and 50
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that cover a minimum of 30 percent of the façade 1
above the first floor. (Storm shutters, hurricane 2
shutters, screen enclosures or any other 3
comparable feature, if applied as part of the 4
structure, must also comply with the required 5
minimum depth). 6
7
c. Façade/wall height transition elements. 8
9
i. Purpose. The intent of this section is to ensure that the proposed 10
buildings relate in mass and scale to the immediate streetscape and 11
the adjacent built environment. 12
13
ii. Applicability. Transitional massing elements must be provided on 14
proposed buildings that are twice the height or more of any existing 15
building within 150 feet, as measured from the edge of the proposed 16
building. 17
18
iii. Design standards. 19
20
a) Transitional massing elements can be no more than 100 21
percent taller than the average height of the adjacent 22
buildings, but no more than 30 feet, and no less than ten 23
(10) feet above the existing grade. 24
25
b) Transitional massing elements must be incorporated for a 26
minimum of 60 percent of the length of the façade, which is 27
in part or whole within the 150 feet of an existing building. 28
29
c) Transitional massing elements include, but are not limited 30
to, wall plane changes, roofs, canopies, colonnades, 31
balconies, other similar architectural features, with the 32
minimum depth for projections and recesses relative to the 33
building size, and must meet the following requirements: 34
35
i) For buildings consisting of 20,000 square feet or 36
larger in gross building area, projections and 37
recesses must have a minimum depth of six (6) feet. 38
39
ii) For buildings between 10,000 and 19,999 square 40
feet in gross building area, projections and recesses 41
must have a minimum depth of four (4) feet. 42
43
iii) For buildings up to 9,999 square feet in gross 44
building area, projections and recesses must have a 45
minimum depth of two (2) feet. 46
47
d. Variation in massing. A single, large, dominant building mass must be 48
avoided. Changes in mass must be related to entrances, the integral 49
structure and the organization of interior spaces and activities, and not 50
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merely for cosmetic effect. False fronts or parapets create insubstantial 1
appearance and are discouraged. All façades, excluding courtyard area, 2
shall be designed to employ the design treatments listed below. 3
4
i. Projections and recesses. 5
6
a) For buildings 20,000 square feet or larger in floor area, a 7
maximum length, or uninterrupted curve of any façade, at 8
any point, shall not exceed 125 linear feet. Projections and 9
recesses must have a minimum depth of six (6) feet within 10
the 125 linear feet limitation. 11
12
b) For buildings between 10,000 and 19,999 square feet in 13
floor area, a maximum length, or uninterrupted curve of any 14
façade, at any point, shall not exceed 100 linear feet. 15
Projections and recesses must have a minimum depth of 16
four (4) feet within the 100 linear feet limitation. 17
18
c) For buildings between 5,000 and 9,999 square feet in floor 19
area, a maximum length, or uninterrupted curve of any 20
façade, at any point, shall not exceed 75 linear feet. 21
Projections and recesses must have a minimum depth of 22
two (2) feet within the 75 linear feet limitation. 23
24
d) For buildings less than 5,000 square feet in floor area, a 25
maximum length, or uninterrupted curve of any façade, at 26
any point, shall not exceed 50 linear feet. Projections and 27
recesses must have a minimum depth of one and a half (1.5) 28
feet, and a minimum total width of 20 percent of the façade 29
length. 30
31
Illustration - Measurement of projections and recesses. 32
33
34
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1
e. Wall Plane Changes. 2
3
i. Buildings subject to the projections or recesses depths required by 4
LDC section 4.02.27 B.2.d.i. must not have a single wall plane 5
exceeding 60 percent of each façade. 6
7
ii. If a building has a projection or recess of 40 feet or more, each is 8
considered a separate façade, and must meet the requirements for 9
wall plane changes in LDC section 4.02.27 B.2.e.i. 10
11
Illustration Wall Plane Percentages 12
13
14
15
f. Building design treatments. In addition to the principal entrance façade, the 16
following design treatments must be an integral part of the building's design 17
and integrated into the overall architectural style. Primary façades, other 18
than the principal entrance façade, must have at least four (4) of the 19
following building design treatments. However, a minimum of two (2) of the 20
following design treatments are required for buildings less than 5,000 21
square feet: 22
23
i. Canopies, porticos, or porte-cocheres, integrated with the building's 24
massing and style; 25
26
ii. Overhangs, minimum of three (3) feet; 27
28
iii. Colonnades or arcades, a minimum of eight (8) feet clear in width; 29
30
iv. Sculptured artwork; 31
32
v. Murals; 33
34
vi. Cornice minimum two (2) feet high with 12-inch projection; 35
36
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vii. Peaked or curved roof forms; 1
2
viii. Arches with a minimum 12-inch recess depth; 3
4
ix. Display windows; 5
6
x. Ornamental and structural architectural details, other than cornices, 7
which are integrated into the building structure and overall design; 8
9
xi. Clock or bell tower, or other such roof treatment (i.e., dormers, 10
belvederes, and cupolas); 11
12
xii. Projected and covered entry, with minimum dimension of eight (8) 13
feet and the minimum area of 100 square feet; 14
15
xiii. Emphasized building base, minimum of three (3) feet high, with a 16
minimum projection from the wall of two (2) inches; 17
18
xiv. Additional roof articulation above the minimum standards; 19
20
xv. Curved walls; 21
22
xvi. Columns; 23
24
xvii. Pilasters; 25
26
xviii. Metal or tile roof material; 27
28
xix. Expressed or exposed structural elements; 29
30
xx, Additional glazing at a minimum of 15 percent beyond the code 31
minimum requirement; 32
33
xxi. Solar shading devices (excluding awnings) that extend a minimum 34
of 50 percent of the length of the building façade; 35
36
xxii. Translucent glazing at a minimum of 10 percent beyond the code 37
minimum glazing requirement; 38
39
xxiii. Glass block at a minimum of 10 percent beyond the code minimum 40
glazing requirement; or 41
42
xxiv. Where the optional design feature in LDC section 4.02.27 B.2.a. is 43
chosen and 85 percent of all exterior glazing within the first three 44
stories of the building have any of the following: 45
46
a) Low reflectance, opaque glazing materials (may include 47
spandrel glass with less than 15 percent reflectance); 48
49
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b) Glass with visual patterns consisting of opaque points or 1
patterns etched into or applied to the exterior or interior 2
surfaces with frit, frost, or film for single pane or insulated 3
glass. A maximum of two (2) inch spacing between 4
horizontal elements and a maximum of four (4) inch spacing 5
between vertical elements, with a minimum line or dot 6
diameter thickness of one-eighth (⅛) inch; 7
8
c) Glass with continuous etch or continuous frit on interior 9
surface, single pane, or insulated glass; or 10
11
d) External screens. 12
13
g. Window standards. 14
15
i. False or applied windows are allowed but shall not be included in 16
the glazing requirement for principal entrance façades. 17
18
ii. Spandrel panels in curtain wall assemblies are allowed and shall be 19
included in the minimum glazing required for principal entrance 20
façades. 21
22
h. Additional standards for outparcels and freestanding buildings within a non-23
residential or mixed-use PUD or unified development plan. 24
25
i. Purpose and intent. To provide unified architectural design and site 26
planning for all on-site structures, and to provide for safe and 27
convenient vehicular and pedestrian access and movement within 28
the site. 29
30
ii. Façades standards. All façades must meet the requirements of LDC 31
section 4.02.27 B.2.f. Building design treatments. 32
33
a) Primary façades. All exterior façades of freestanding 34
structures, including structures located on outparcels, are 35
considered primary façades except for one secondary 36
façade as defined below, and must meet the requirements 37
of this section with respect to the architectural design 38
treatment for primary façades in LDC section 4.02.27 B.2., 39
except for those façades considered secondary façades. 40
41
b) Secondary façades. Outparcels and freestanding buildings 42
are allowed one secondary façade. One façade of a 43
freestanding structure, including structures located on 44
outparcels, that is internal to the site and that does not abut 45
or face public or private streets or internal drive aisles 46
adjacent to the development. 47
48
iii. Design standards. The design for freestanding buildings must 49
employ architectural, site and landscaping design elements 50
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integrated with, and common to those used on the primary structure 1
and its site. These common design elements must include colors, 2
building materials, and landscaping associated with the main 3
structure. All freestanding buildings must provide for vehicular and 4
pedestrian inter-connection between abutting outparcels or 5
freestanding sites and the primary structure. 6
7
iv. Primary façade standards. The following design feature is an 8
additional option which can be used to meet the requirement in LDC 9
section 4.02.27 B.2.b.ii. Primary façade design features: Walls 10
expanding the design features of the building, not less than seven 11
(7) feet high, creating a courtyard not less than 12 feet from the 12
building and length of no less than 60 percent of the length of the 13
associated façade. The courtyard may be gated and able to be 14
secured from exterior public access. Grilled openings are allowed if 15
the courtyard is landscaped. Opening depths or wall terminations 16
must be a minimum of 12 inches deep. If the courtyard contains 17
service or equipment, the height and design must prevent view from 18
the exterior. Courtyard walls are not to be considered fences. 19
20
i. Roof treatments. 21
22
i. Purpose and intent. Variations in rooflines are used to add interest 23
and reduce the massing of large buildings. Roof height and features 24
must be in scale with the building's mass and shall complement the 25
character of surrounding buildings and neighborhoods. Roofing 26
materials must be constructed of durable, high-quality material in 27
order to enhance the appearance and attractiveness of the 28
community. The following standards identify appropriate roof 29
treatments and features. 30
31
ii. Roof edge and parapet treatment. 32
33
a) When a building's largest floor is greater than 5,000 square 34
feet in floor area a minimum of two (2) roof-edge or parapet 35
line changes are required for all primary façades. One such 36
change must be located on primary façades. Thereafter, 37
one (1) additional roof change is required every 100 linear 38
feet around the perimeter of the building. If a vertical change 39
is used, each vertical change from the dominant roof 40
condition must be a minimum of 10 percent of building 41
height, but no less than three (3) feet. If a horizontal change 42
is used, each horizontal change from the dominant roof 43
condition must be a minimum of 20 percent of the façade 44
length, but no less than three (3) feet. 45
46
b) Roofs, other than mansard roofs, with the slope ratio of 3:12 47
or higher are exempt from the above requirements for 48
vertical change for the façades that are less than 200 feet. 49
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One roof edge, or parapet line change must be provided for 1
every 200 linear feet of the façade length. 2
3
iii. Roof design standards. Roofs must meet the following 4
requirements: 5
6
a) When parapets are used, the average height of such 7
parapets must not exceed 20 percent of the height of the 8
supporting wall, with exception of the parapets used to 9
screen mechanical equipment. Parapets used to screen 10
mechanical equipment must be no less than the maximum 11
height of the equipment. The height of parapets shall not, at 12
any point, exceed one-third (1/3) the height of the supporting 13
wall. 14
15
b) When a flat roof is screened with a parapet wall or mansard 16
roof at any façade, a parapet or mansard roof treatment 17
must extend along the remaining façades. 18
19
c) When sloped roofs are used, the massing and height must 20
be in proportion with the height of its supporting walls. 21
Sloped roofs must meet the following requirements: 22
23
i) Sloped roofs that are higher than its supporting walls 24
must feature elements that create articulation and 25
reduce the massing of the roof. This includes: clear 26
story windows, cupolas, dormers, vertical changes, 27
or additional complementary colors to the color of 28
the roof. 29
30
ii) The color(s) of a sloped roof must complement the 31
color(s) of the façades. 32
33
iv. Prohibited roof types and materials. The following roof types and 34
roof materials are prohibited: 35
36
a) Asphalt shingles, except laminated, 320-pound, 30-year 37
architectural grade asphalt shingles or better. 38
39
b) Mansard roofs and canopies, unless they meet the following 40
standards: 41
42
i) Minimum vertical distance of eight (8) feet is required 43
for buildings larger than 20,000 square feet. 44
45
ii) Minimum vertical distance of six (6) feet is required 46
for buildings of up to 20,000 square feet of floor area. 47
48
iii) The roof angle shall not be less than 25 degrees, 49
and not greater than 70 degrees. 50
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1
c) Awnings used as a mansard or canopy roofs. 2
3
j. Awning standards. These standards apply to those awnings associated 4
with and attached to a building or structure. 5
6
i. Mansard awnings, which are those awnings that span 90 percent, 7
or more, of a façade length and those which do not provide a 8
connection between façades, must adhere to all roof standards of 9
LDC section 4.02.27 B.2.i. Roof treatments. 10
11
ii. All other awnings, which are awnings that constitute less than 90 12
percent of a façade length, and those that do not provide a 13
connection between façades, must adhere to the following 14
standards: 15
16
a) The portion of the awning with graphics may be backlit, 17
provided the illuminated portion of the awning with graphics 18
does not exceed size limitations and the other sign 19
standards of LDC sections 5.06.00, 9.03.00, and 9.04.00. 20
21
b) The location of awnings must relate to the window and door 22
openings, or other ornamental design features. 23
24
k. Materials and colors. 25
26
i. Purpose and intent. Exterior building colors and materials 27
contribute significantly to the visual impact of buildings on the 28
community. The colors and materials must be well designed and 29
integrated into a comprehensive design style for the project. 30
Intense, deep colors are appropriate for creating a Spanish 31
influenced architectural character. Building trims (windowsills, door 32
frames, ornamental features, etc.) should be highlighted with a 33
different color from that of the building body color. Frame 34
Vernacular architectural style reflects less intense, softer color 35
shades highlighting architectural details in bright white. 36
37
ii. Exterior building colors. 38
39
a) The use of color materials or finish paint above level 14 40
saturation (chroma) or below lightness level three (3) on the 41
Collier County Architectural Color Charts is limited to no 42
more than 50 percent of a façade or the total roof area. 43
44
b) The use of naturally occurring materials are permissible, 45
such as marble, granite, and slate and the following man-46
made materials: silver unpainted metal roofs, and 47
composite wood and decking materials. 48
49
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iii. Exterior building materials (excluding roofs). The following building 1
finish materials are limited to no more than 50 percent of the façade 2
area: 3
4
a) Corrugated, or metal panels. 5
6
b) Smooth concrete block. 7
8
3. Design Standards for Specific Building Uses. Certain uses may be established, 9
constructed, continued, and/or expanded provided they meet certain mitigating 10
standards specific to their design and/or operation. These conditions ensure 11
compatibility between land uses and building types and minimize adverse impacts 12
to surrounding properties. 13
14
a. Self-storage buildings. Self-storage buildings are subject to all of the 15
applicable provisions of this section with the following exceptions and 16
additions: 17
18
i. Overhead doors. Overhead doors are permitted on the primary 19
façade of self-storage buildings within the IUAOD. 20
21
ii. Screen walls. When a wall is proposed to screen the facility, it must 22
be constructed of material similar and complementary to the 23
primary building material and architecture. Long expanse of wall 24
surface shall be broken into sections no longer than 50 feet and 25
designed to avoid monotony by use of architectural elements such 26
as pillars. 27
28
iii. Single-story self-storage buildings. LDC section 4.02.27 B.2.b. 29
Primary façade design features can be replaced with one of the 30
following two options: 31
32
a) Option 1. 33
34
i) A minimum of 20 percent of the primary façade area 35
must be glazed; and 36
37
ii) A covered public entry with a minimum roof area of 38
80 square feet and no dimension less than eight (8) 39
feet, or a covered walkway at least six (6) feet wide 40
with a total length measuring no less than 60 percent 41
of the length of the façade. 42
43
b) Option 2. If the project design incorporates a screen wall 44
around the perimeter of the self-storage facility, the following 45
standards apply: 46
47
i) Architecturally treated, six (6)-foot high, screen wall 48
is required to screen the facility. 49
50
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ii) The roof slope for the buildings is a minimum of 4:12 1
ratio for double slopes, and 3:12 ratio for single 2
slope. 3
4
iii) A landscape buffer at least seven (7) feet wide 5
consisting of 10 clustered shrubs (per 100 linear 6
feet) is required on the exterior of the wall. Shrubs 7
shall be 24 inches tall at planting and maintained at 8
36 inches. 9
10
c) In the case that none of the above options are met, then 11
LDC section 4.02.27 B.2.b. Primary façade design features 12
must be met. 13
14
iv. Multi-story self-storage buildings. The requirements of LDC section 15
4.02.27 B.2.b. primary façade design features can be replaced with 16
one of the following two options: 17
18
a) Option 1. 19
20
i) A minimum of 20 percent of the primary façade area 21
must be glazed; and 22
23
ii) A covered public entry with a minimum roof area of 24
80 square feet and no dimension less than eight (8) 25
feet, or a covered walkway at least six (6) feet wide 26
with a total length measuring no less than 60 percent 27
of the length of the façade; and 28
29
iii) Foundation planting areas must be a minimum of 10 30
percent of the ground level building area for all 31
buildings. The plantings can be clustered as desired; 32
however, some plantings must be provided on both 33
sides of the building’s principal entrance. 34
35
b) Option 2. If project design incorporates a screen wall around 36
the perimeter of the self-storage facility, the following 37
standards apply: 38
39
i) Architecturally treated, eight (8) feet high screen wall 40
is required to screen the ground floor of the facility; 41
and 42
43
ii) A landscape buffer at least seven (7) feet wide 44
consisting of 10 clustered shrubs (per 100 linear 45
feet) is required on the exterior of the wall. Shrubs 46
shall be 24 inches tall at planting and maintained at 47
36 inches; and 48
49
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iii) Primary façades above the ground level must 1
include glazing, covering at a minimum 20 percent 2
of the façade area; and 3
4
iv) Foundation planting areas must be a minimum of 10 5
percent of the ground level building area for all 6
buildings. The plantings can be clustered as desired; 7
however, some plantings must be provided on both 8
sides of the building’s principal entrance. 9
10
c) In the case that none of the above options are met, then 11
LDC section 4.02.27 B.2.b. primary façade design features 12
must be met. 13
14
b. All facilities with fuel pumps. The provisions of LDC section 5.05.05 15
Facilities with fuel pumps shall be applicable within the IUAOD with the 16
following exceptions: 17
18
i. LDC section 5.05.05 C. shall apply except the architectural 19
requirements of LDC section 5.05.08 are replaced and superseded 20
by LDC section 4.02.27. 21
22
ii. LDC section 5.05.05 C.1.b.iv.b shall not limit eave fascia canopy 23
colors to a single color. 24
25
iii. LDC section 5.05.05 D. Supplemental standards for facilities with 26
fuel pumps within 250 feet of residential property. 27
28
iv. LDC section 5.05.05 E. The following landscape requirements 29
under subsection 4.02.27 B.3.c.ii are in addition to the requirements 30
of LDC section 4.02.27 B.4 Buffer and Landscaping Requirements. 31
32
c. Supplemental standards for facilities with fuel pumps within 250 feet of 33
residential property. Facilities with fuel pumps shall be subject to the 34
following standards when located within 250 feet of residentially zoned or 35
residentially developed properties, hereinafter referred to as "residential 36
property," as measured from the property line of the facility with fuel pumps 37
to the residential property line. However, a facility with fuel pumps shall be 38
exempt from this section when it is separated from residential property by 39
a minimum of 100 feet of designated preserve area that is 80 percent 40
opaque and at least 12 feet in height within one year, or a minimum four 41
(4)-lane arterial or collector right-of-way. 42
43
i. Setbacks. All structures shall provide a minimum 50-foot front, side, 44
and rear yard setback from residential property line(s). 45
46
ii. Landscaping and masonry wall standards. Facility with fuel pumps 47
sites shall be separated from residential property by a 15-foot-wide 48
Type I-D landscape buffer with an architecturally designed masonry 49
wall. The masonry wall shall be eight (8) feet in height, centered 50
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within the landscape buffer, and shall use materials similar in color, 1
pattern, and texture to those utilized for the principal structure. 2
3
iii. Music, amplified sound, and delivery time standards. 4
5
a) Music and amplified sound shall not be played in the fuel 6
pump area between the hours of 10:00 p.m. and 7:00 a.m. 7
8
b) Music and amplified sound shall not be audible from the 9
residential property line. 10
11
c) Deliveries shall be prohibited between the hours of 10:00 12
p.m. and 7:00 a.m. in the area located between the 13
neighboring residential property and the facility with fuel 14
pumps. 15
16
iv. Lighting standards. 17
18
a) All light fixtures shall be directed away from neighboring 19
properties. 20
21
b) On-site light fixtures within 50 feet of residential property 22
shall not exceed a height greater than 15 feet above finished 23
grade. Light fixtures elsewhere shall not exceed a height 24
greater than 20 feet above finished grade. 25
26
c) All light fixtures shall be full cutoff with flat lenses. 27
28
d) On-site luminaries shall be of low level, indirect diffuse type, 29
and shall be between a minimum average of one and a half 30
(1.5) foot-candles and a maximum average of five (5) foot-31
candles. 32
33
e) Illumination shall not exceed: 34
35
i) One-half (0.5) foot-candles at all residential property 36
lines. 37
38
ii) One-fifth (0.2) foot-candles at 10 feet beyond all 39
residential property lines. 40
41
f) Lighting located underneath the canopy shall be recessed, 42
of indirect diffuse type, and designed to provide light only to 43
the pump island areas located underneath said canopy. 44
45
g) Under canopy luminance shall be between a minimum 46
average of five (5) foot-candles and a maximum average of 47
20 foot-candles. 48
49
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v. Dumpster enclosures. At a minimum, the dumpster enclosure shall 1
be located at a distance from residential property equal to the 2
setback of the principal structure from residential property. 3
4
vi. See LDC section 5.05.11 for car washes, vacuums, and 5
compressed air stations abutting residential zoning districts. 6
7
vii. Landscaping adjacent to all other property lines: 8
9
a) Landscaping adjacent to all other property lines shall 10
comply with the requirements in LDC section 4.02.27 B.4. 11
12
b) Curbing shall be installed and constructed, consistent with 13
minimum code requirements, between all paved areas and 14
landscape areas. 15
16
d. Hotel/motel. 17
18
i. Applicability. All standards of LDC section 4.02.27 are applicable 19
with the following exceptions. 20
21
ii. Design features. LDC section 4.02.27 B.2.b. Primary façade design 22
features can be replaced as follows: 23
24
a) The design of the primary façades must include windows 25
and other glazed openings covering at least 20 percent of 26
the primary façade area, and one of the following design 27
features: 28
29
i) Projected, or recessed, covered public entry 30
providing a minimum horizontal dimension of eight 31
(8) feet, and a minimum area of 100 square feet, or 32
33
ii) Covered walkway or arcade (excluding canvas type) 34
that is attached to the building or located no more 35
than 12 feet from the building. The structure must be 36
permanent, and its design must relate to the 37
principal structure. The minimum width shall be six 38
(6) feet, with a total length measuring 60 percent of 39
the length of the associated façade. 40
41
b) For buildings located 200 feet or more from the street right-42
of-way, the projected or recessed entry and covered 43
walkway or arcade, required by the above LDC section 44
4.02.27 B.3.d.ii.a), can be located on any façade. 45
46
e. Outside play structures. No portion of any play structure, located between 47
the front building line and any adjacent right-of-way, may exceed a height 48
of 12 feet as measured from existing ground elevation. 49
50
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4. Buffer and landscaping requirements. 1
2
a. Applicability. 3
4
i. The provisions of LDC section 4.06.00 Landscaping, Buffering and 5
Vegetation Retention shall be applicable to non-residential 6
development within the IUAOD, except for the following regulations 7
which replace: 8
9
a) LDC section 4.06.02 Buffer Requirements. 10
11
b) LDC section 4.06.03 A. Landscaping Requirements for 12
Vehicular Use Areas and Rights-of-Way Applicability. 13
14
c) LDC section 4.06.03 B. Standards for Landscaping in 15
Vehicular Use Areas. 16
17
d) LDC section 4.06.05 C. Building Foundation Plantings. 18
19
ii. Applicability of buffer requirements. The buffering and screening 20
requirements identified in Table 1 below shall apply to all new non-21
residential development. Existing landscaping which does not 22
comply with the provisions of this section shall be brought into 23
conformity to the maximum extent possible when: the vehicular use 24
area is altered or expanded (except for restriping of lots/drives), the 25
building square footage is changed, or building improvements 26
exceed 50 percent of the value of the structure. 27
28
iii. Developments shall be buffered for the protection of property 29
owners from land uses as required pursuant to this section 4.02.27 30
B.4. Buffers shall not inhibit pedestrian circulation between adjacent 31
commercial land uses. Buffers shall be installed during construction 32
as follows and in accordance with LDC section 4.06.05 General 33
Landscaping Requirements: 34
35
a) To separate residential developments from commercial, 36
community use, industrial, and public use developments 37
and adjacent expressways, arterials, and railroad rights-of-38
way, except where such expressway, arterial, or railroad 39
right-of-way abuts a golf course. 40
41
b) To separate commercial, community use, industrial and 42
public use developments from residential developments. 43
44
c) To delineate and create some limited separation between 45
non-residential uses. 46
47
iv. Separation shall be created with a landscape buffer strip which is 48
designed and constructed in compliance with the provisions of LDC 49
section 4.02.27 B.4 and LDC section 4.06.00, as applicable. Such 50
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buffer strip(s) shall be shown and designated on the final plat as a 1
tract of easement and shall not be located within any public or 2
private right-of-way. The ability to locate buffer(s) within a platted or 3
recorded easement shall be determined pursuant to the provisions 4
of LDC section 4.06.00, Buffers adjacent to protected/preserve 5
areas shall conform to the requirements established by the agency 6
requiring such buffer. 7
8
v. Landscape buffers, when required by the Land Development Code, 9
or other county regulation shall be in addition to the required right-10
of-way width and shall be designated as a separate buffer tract or 11
easement on the final subdivision plat. The minimum buffer width 12
shall be in conformance with this section 4.02.27 B.4. In no case 13
shall the required buffer be constructed to reduce cross-corner or 14
stopping sight distances, or safe pedestrian passage. All buffer 15
tracts or easements shall be owned and maintained by a property 16
owner's association or other similar entity and shall be so dedicated 17
on the final subdivision plat. 18
19
b. Methods of determining buffers. Where a property adjacent to the proposed 20
use is: (1) undeveloped, (2) undeveloped but permitted without the required 21
buffering and screening required pursuant to this Code, or (3) developed 22
without the buffering and screening required pursuant to this Code, the 23
proposed use shall be required to install the more opaque buffer as 24
provided for in Table 1. Where property adjacent to the proposed use has 25
provided the more opaque buffer as provided for in Table 1, the proposed 26
use shall install a type I-A buffer. 27
28
i. Where the incorporation of existing native vegetation in landscape 29
buffers is determined as being equivalent to or in excess of the 30
intent of this Code, the County Manager or designee may waive the 31
planting requirements of this section. 32
33
ii. The buffering and screening provisions of this Code shall be 34
applicable at the time of planned unit development (PUD), 35
subdivision plat, or site development plan review, with the 36
installation of the buffering and screening required pursuant to LDC 37
section 4.06.05 H. If the applicant chooses to forego the optional 38
PSP process, then signed and sealed landscape plans will be 39
required on the final subdivision plat. Where a more intensive land 40
use is developed contiguous to a property within a similar zoning 41
district, the County Manager or designee may require buffering and 42
screening the same as for the higher intensity uses between those 43
uses. 44
45
iii. Landscape buffering and screening standards within any planned 46
unit development shall conform to the minimum buffering and 47
screening standards of the zoning district to which it most closely 48
resembles. The County Manager or designee may approve 49
alternative landscape buffering and screening standards when such 50
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alternative standards have been determined by use of professional 1
acceptable standards to be equivalent to or in excess of the intent 2
of this Code. 3
4
c. Types of buffers. Within a required buffer strip, the following types of buffers 5
shall be used based on the matrix in Table 1. There are four (4) possible 6
buffer types, as described below. Each buffer type includes a minimum 7
width and a minimum number of trees and shrubs per 100-linear-foot 8
segment of boundary. A hedge shall at a minimum consist of three (3) 9
gallon plants, two (2) feet in height spaced a minimum of three (3) feet on 10
center at planting unless otherwise indicated in the table below or within 11
the specific section of the LDC. The buffer types are: 12
13
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*
14
*For a Type I-B or I-D buffer, shrubs shall be 24 inches tall at planting and 15
maintained at 36 inches. 16
17
**For a Type I-C buffer, a hedge or shrubs shall be 48 inches tall at planting 18
and maintained at 60 inches. 19
20
i. Type I-A Buffer. 21
22
a) Minimum Width: 10 feet. 23
24
b) Minimum number of trees (per 100 linear feet): Two (2) 25
26
ii. Type I-B Buffer. 27
28
a) Minimum Width: 15 feet. 29
30
b) Minimum number of trees (per 100 linear feet): Four (4). 31
32
c) Minimum number of shrubs (per 100 linear feet): 18 (planted 33
at 24 inches and maintained at 36-inches) 34
35
iii. Type I-C Buffer. 36
37
a) Minimum Width: Fifteen feet. 38
39
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b) Minimum number of trees (per 100 linear feet): Three. 1
Trees shall be spaced no more than 33 feet on center. 2
3
c) Minimum number of shrubs (per 100 linear feet): a 60-inch 4
tall hedge or 18 shrubs (60 inches tall) with a wall 5
6
iv. Type I-D Buffer. 7
8
a) Minimum Width: 15 feet. 9
10
b) Minimum number of trees (per 100 linear feet): Four. 11
12
c) Minimum number of shrubs (per 100 linear feet): a 36-inch 13
tall hedge, or 4 shrubs (36 inches tall with a wall). 14
15
i) A continuous three (3)-gallon single row hedge 16
spaced three (3) feet on center of at least 24 inches 17
in height at the time of planting and attaining a 18
minimum of 36 inches in height in one year shall be 19
required in the landscape buffer where vehicular 20
areas are adjacent to the road right-of-way or where 21
deemed appropriate, pursuant to LDC section 22
4.06.05 D.4. Shrubs and Hedges. 23
24
ii) Where a fence or wall fronts an arterial or collector 25
road as described by the transportation circulation 26
element of the growth management plan, a 27
continuous three (3)-gallon single row hedge a 28
minimum of 24 inches in height spaced three (3) feet 29
on center, shall be planted along the right-of-way 30
side of the fence. The required trees shall be located 31
on the side of the fence facing the right-of-way. 32
Every effort shall be made to undulate the wall and 33
landscaping design incorporating trees, shrubs, and 34
ground cover into the design. It is not the intent of 35
this requirement to obscure from view decorative 36
elements such as emblems, tile, molding and 37
wrought iron. 38
39
iii) The remaining area of the required landscape buffer 40
must contain only existing native vegetation, grass, 41
ground cover, or other landscape treatment. Every 42
effort should be made to preserve, retain, and 43
incorporate the existing native vegetation in these 44
areas. 45
46
iv) A signage visibility triangle may be created for non-47
residential on-premises signs located as shown in 48
Figure 4.06.02 C-2 for Type I-D buffers that are 20 49
feet or greater in width. The line of visibility shall be 50
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no greater than 30 linear feet along road right-of-way 1
line. Within the visibility triangle, shrubs and hedges 2
shall be required pursuant to LDC section 4.06.05 3
D.4, except that hedges, shrubs, or ground cover 4
located within the signage visibility triangle shall be 5
maintained at a maximum plant height of 24 inches. 6
Within the visibility triangle, no more than one 7
required canopy tree may be exempted from the 8
Type I-D buffer requirements. 9
10
v. Interpretation of Table 1. 11
12
a) The table below describes the required buffer type when a 13
proposed use is abutting a different existing use or, in the 14
absence of an existing use, the existing zoning. 15
16
b) The letter listed under "Adjacent Properties Zoning District 17
and/or Property Use" shall be the landscape buffer and 18
screening alternative required. Where a conflict exists 19
between the buffer required by zoning district or property 20
use, the more stringent buffer shall be required. 21
22
c) The "-" (dash) symbol shall represent that no buffer is 23
required. 24
25
d) The PUD district buffer, due to a variety of differing land 26
uses, is indicated by the "*" (asterisk) symbol, and shall be 27
based on the landscape buffer and screening of the district 28
or property use with the most similar types, densities, and 29
intensities of uses. 30
31
e) Where a conflict exists between the buffering requirements 32
and the yard requirements of this Code, the yard 33
requirements of the subject zoning district shall apply. 34
35
f) Where a conflict exists between the buffer requirements of 36
this table and those of a particular subdistrict, the less 37
stringent shall apply. The following subdistricts have 38
alternative buffer standards for projects with a total building 39
square footage of less than or equal to 5,000 square feet : 40
41
i) Mainstreet Overlay Subdistrict (see LDC section 42
4.02.27 C.3.e.) 43
44
ii) State Road 29A Commercial Overlay Subdistrict 45
(see LDC section 4.02.27 D.3.). 46
47
iii) Jefferson Avenue Commercial Overlay Subdistrict 48
(see LDC section 4.02.27 F.3.). 49
50
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iv) Industrial Mixed Use Commercial Overlay 1
Subdistrict (see LDC section 4.02.27 H.3.) 2
3
Table 1 4
5
Adjacent Properties Zoning District and/or Property Use
Subject
Property's
District/Use Agriculture (A1 ) Residential (E, RSF) single-family Residential (RMF-6, RMF-12, RMF-16) multifamily Residential tourist (RT) Village residential (VR) Mobile home (MH) Commercial3 (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
(A1 )
- I-B I-B I-B I-B I-B I-A I-A I-A I-A I-D I-A - I-A
Commercia
l3 (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
Industrial2
(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
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
developme
nt (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
maintenan
ce 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
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Automobile
service
station4
I-A I-C I-C I-C I-C I-C I-C I-A I-C * I-D I-C I-C -
1
1 Buffering in agriculture (A) districts shall be applicable at the time of site development plan (SDP) 2
submittal. 3
4
2 Industrial (I) zoned property, where abutting industrial (I) zoned property, shall be required to install 5
a minimum five (5)-foot-wide type I-A landscape buffer adjacent to the side and rear property lines. 6
The buffer area shall not be used for water management. In addition, trees may be reduced to 50 7
feet on center along rear and side perimeter buffers only. This reduction in buffer width shall not 8
apply to buffers adjacent to vehicular rights-of-way or nonindustrial zoned property. Abutting 9
industrial zoned properties may remove a side or rear buffer along the shared property line in 10
accordance with LDC section 4.02.27 B.4.c.viii. This exception to buffers shall not apply to buffers 11
abutting vehicular rights-of-way. 12
13
3 Buffer areas between commercial outparcels located within a shopping center, Business Park, or 14
similar commercial development may have a shared buffer 15 feet wide with each abutting property 15
contributing seven and one-half (7.5) feet. The outparcels may remove a side or rear buffer along 16
the shared property line between comparable uses within the same zoning designation in 17
accordance with LDC section 4.02.27.B.4.c.viii. These provisions shall not apply to right-of-way 18
buffers. 19
20
4 Refer to LDC section 4.02.27 B.3.b and c. for automobile service station landscape requirements. 21
22
vi. Business Parks. A 15-foot-wide landscape buffer shall be provided 23
around the boundary of the business park when abutting residential 24
zoning district or uses. A six (6)-foot tall opaque architecturally 25
finished masonry wall, or berm, or combination thereof shall be 26
required, and one row of trees spaced no more than 30 feet on 27
center shall be located on the outside of the wall, berm, or berm/wall 28
combination. 29
30
vii. Buffering and screening standards. In accordance with the 31
provisions of this Code, loading areas or docks, outdoor storage, 32
trash collection, mechanical equipment, trash compaction, 33
vehicular storage excluding new and used cars, recycling, roof top 34
equipment and other service function areas shall be fully screened 35
and out of view from adjacent properties at ground view level and 36
in view of roadway corridors. 37
38
viii. Joint Project Plan. Abutting platted parcels may submit a joint 39
project plan to remove one side or rear landscape buffer along a 40
shared property line in order to share parking or other infrastructure 41
facilities, provided the following criteria are met: 42
43
a) A joint project plan shall include all necessary information to 44
ensure that the combined site meets all of the design 45
requirements of this Code and shall be submitted as either 46
a single SDP or SIP consisting of both parcels, or separate 47
SDPs or SIPs for each parcel that are submitted 48
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concurrently. Joint project plans require a shared 1
maintenance and access easement that is recorded in the 2
public records. 3
4
b) The following are eligible for a joint project plan. One 5
outparcel shall be no greater than three acres and the 6
combined parcel acreage shall not exceed five acres: 7
8
i) Abutting commercial outparcels located within a 9
shopping center. 10
11
ii) Abutting commercial parcels in a Business Park. 12
13
iii) Abutting commercial parcels with the same zoning 14
designation. 15
16
iv) Abutting industrial parcels with the same zoning 17
designation. 18
19
c) The buffer to be eliminated shall not be a perimeter buffer 20
or adjacent to any internal main access drives. 21
22
d. Standards for retention and detention areas in buffer yards. Unless 23
otherwise noted, all standards outlined in section 4.06.05 C. apply. Trees 24
and shrubs must be installed at the height specified in this section. 25
26
Water management systems, which must include retention and detention 27
areas, swales, and subsurface installations, are permitted within a required 28
buffer provided they are consistent with accepted engineering and 29
landscaping practice and the following criteria: 30
31
i. Water management systems must not exceed 50 percent of the 32
square footage of any required side, rear, or front yard landscape 33
buffer. 34
35
ii. Water management systems must not exceed, at any location 36
within the required side, rear, or front yard landscape buffer, 70 37
percent of the required buffer width. A minimum five (5)-foot wide 38
10:1 level planting area shall be maintained where trees and 39
hedges are required. 40
41
iii. Exceptions to these standards may be granted on a case-by-case 42
basis, evaluated on the following criteria: 43
44
a) Water management systems, in the form of dry retention, 45
may utilize an area greater than 50 percent of the buffer 46
when existing native vegetation is retained at natural grade. 47
48
b) For lots of record 10,000 square feet or less in size, water 49
management areas may utilize an area greater than 50 50
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percent of the required side and rear yard buffers. A level 1
planting area of at least three feet in width must be provided 2
in these buffers. 3
4
iv. Sidewalks and other impervious areas must not occupy any part of 5
a required I-A, I-B, I-C, or I-D type buffer, except when: 6
7
a) Driveways and sidewalks are constructed perpendicular to 8
the buffer and provide direct access to the parcel. 9
10
b) Parallel meandering sidewalks occupy the buffer, and its 11
width is increased by the equivalent sidewalk width. 12
13
c) A required 15—20-foot-wide buffer is reduced to a minimum 14
of 10 feet wide and is increased by the five-to-ten-foot 15
equivalent width elsewhere along that buffer. 16
17
e. Vehicular use areas. 18
19
i. Applicability. The provisions of this section shall apply to all new off-20
street parking or other vehicular use areas. 21
22
a) Existing landscaping which does not comply with the 23
provisions of this Code shall be brought into conformity to 24
the maximum extent possible when: the vehicular use area 25
is altered or expanded except for restriping of lots/drives, 26
the building square footage is changed, or the building 27
improvements exceed 50 percent of the value of the 28
structure. 29
30
b) These provisions shall apply to all non-residential 31
development within the IUAOD. 32
33
c) Any appeal from an administrative determination relating to 34
these regulations shall be to the Board of Zoning Appeals or 35
equivalent. 36
37
d) Prior to issuing occupancy permits for new construction, 38
implementation, and completion of landscaping 39
requirements in off-street vehicular facilities shall be 40
required. 41
42
e) Where a conflict exists between the strict application of this 43
section and the requirements for the number of off-street 44
parking spaces or area of off-street loading facilities, the 45
requirements of this section shall apply. 46
47
ii. Standards for landscaping in Vehicular Use Areas. For projects 48
subject to architectural design standards, see LDC section 4.02.27 49
B.2. for related provisions. 50
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1
a) Landscaping required in interior of vehicular use areas. At 2
least ten percent of the amount of vehicular use area onsite 3
shall be devoted to interior landscaping areas. The width of 4
all curbing shall be excluded from the required landscaped 5
areas. All interior landscaped areas not dedicated to trees 6
or to preservation of existing vegetation shall be landscaped 7
with grass, ground cover, shrubs, or other landscape 8
treatment. One tree shall be provided for every 250 square 9
feet of the required interior landscaped area. Interior 10
landscaped areas shall be a minimum of five feet in width 11
and 150 square feet in area. The amount of required interior 12
landscape area provided shall be shown on all preliminary 13
and final landscape plans. 14
15
b) Vehicular use areas under 25 required parking spaces are 16
exempt from the LDC section 4.06.03 requirement that does 17
not allow more than 10 contiguous parking spaces without 18
being separated by a landscape island. In lieu of landscape 19
islands, ten percent of the gross square footage of onsite 20
vehicular use area shall be added to the perimeter 21
landscape buffer area. Vehicular use areas over 25 required 22
parking spaces shall comply with LDC section 4.06.03 B.2. 23
24
c) All rows of parking spaces shall be bordered on each end 25
by curbed terminal landscape islands. Each terminal 26
landscape island shall measure inside the curb not less than 27
eight feet in width and extend the entire length of the single 28
or double row of parking spaces bordered by the terminal 29
landscape island. Type D or Type F curb per current FDOT 30
Design Standards is required around all terminal landscape 31
islands. A terminal landscape island for a single row of 32
parking spaces shall be landscaped with at least one 33
canopy tree. A terminal landscape island for a double row of 34
parking spaces shall contain not less than two canopy trees. 35
The remainder of the terminal landscape island shall be 36
landscaped with sod, ground covers or shrubs or a 37
combination of any of the above. 38
39
d) Interior landscaping areas shall be provided within the 40
interior of all vehicular use areas. Landscaped areas, wall 41
structures, and walks shall require protection from vehicular 42
encroachment through appropriate wheel stops or curbs or 43
other structures. 44
45
e) Required landscape islands and perimeter planting beds 46
shall be graded to provide positive drainage. Curbing 47
around landscape areas shall include curb cuts where 48
necessary so as not to inhibit positive drainage. 49
50
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f) Green space required in shopping centers and freestanding 1
retail establishments with a floor area greater than 40,000 2
square feet. An area that is at least seven percent of the size 3
of the vehicular use areas must be developed as green 4
space within the front yard(s) or courtyards of shopping 5
centers and retail establishments and must be in addition to 6
the building perimeter planting area requirements. The 7
courtyards must only be located in areas that are likely to be 8
used by pedestrians visiting the shopping center and retail 9
establishment. The seven percent green space area must 10
be in addition to other landscaping requirements of this 11
division, may be used to meet the open space requirements 12
(section 4.02.01), and must be labeled "Green Space" on all 13
subdivision and site plans (Refer to section 4.02.27 A.). The 14
interior landscape requirements of these projects must be 15
reduced to an amount equal to five percent (5 percent) of 16
the vehicular use area on site. Green space must be 17
considered areas designed for environmental, scenic, or 18
noncommercial recreation purposes and must be 19
pedestrian-friendly and aesthetically appealing. Green 20
space may only include the following: lawns, mulch, 21
decorative plantings, nonprohibited exotic trees, walkways 22
within the interior of the green space area not used for 23
shopping, fountains, manmade watercourses (but not water 24
retention areas), wooded areas, park benches, site lighting, 25
sculptures, gazebos, and any other similar items that the 26
County Manager or designee deems appropriate. Green 27
space must include: walkways within the interior of the 28
green space area not used for shopping, a minimum of one 29
(1) foot of park bench per 1,000 square feet of building area. 30
The green space area must use existing trees where 31
possible and landscaping credits will be allowed as 32
governed by table 4.06.04 B. The green space areas must 33
be located in areas that are in close proximity to the retail 34
shopping area. Benches may also be located in interior 35
landscaped areas and 75 percent of the benches may be 36
located adjacent to the building envelope along paths, 37
walkways and within arcades or malls. 38
39
g) Required landscaping for buildings over 20,000 square feet 40
shall be pursuant to LDC section 4.02.27 A. The following 41
requirements will be counted toward the required 42
greenspace and open space requirements of this Chapter 43
of this Code. 44
45
i) Trees in vehicular use areas must be a minimum of 46
14- to 16-feet height with a six- to eight-foot spread 47
and a three- to four-inch caliper and must have a 48
clear trunk area to a height of six feet. 49
50
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ii) The first row of landscape islands located closest to 1
the building front and sides must be landscaped with 2
trees, palms, shrubs, and groundcovers and must 3
have a clear trunk area to a height of seven feet. 4
5
f. Building foundation plantings. 6
7
i. All commercial buildings, residential buildings with three or more 8
units, and retail and office uses in industrial buildings shall provide 9
building foundation plantings in the amount of 10 percent of the 10
overall building footprint area and a minimum planting width of five 11
feet. 12
13
ii. Foundation planting areas shall be located adjacent to building 14
entrance(s), and along primary façades. 15
16
iii. Building foundation plantings shall consist of shrubs, ground cover, 17
raised planter boxes, and/or ornamental grass plantings. 18
19
iv. A maximum of 50 percent of the required foundation planting may 20
be located in perimeter buffers. 21
22
v. Water management shall not occur in foundation planting areas. 23
24
5. Off-street parking. 25
26
a. Purpose and Intent. The following standards are intended to guide the 27
development of off-street parking, loading and transportation access within 28
the IUAOD to recognize the higher levels of bicycle and pedestrian activity 29
in Immokalee, to encourage the continued use of alternative modes of 30
transportation, and to provide safe and functional circulation patterns and 31
connectivity for off-street parking. 32
33
b. Applicability. In addition to LDC section 4.05.00 Off-street Parking and 34
Loading, the following regulations shall apply to all non-residential 35
development within the IUAOD, except for the following conditions: 36
37
i. The provisions of this section shall apply to all new off-street parking 38
or other vehicular use areas. 39
40
ii. Existing landscaping which does not comply with the provisions of 41
this Code shall be brought into conformity to the maximum extent 42
possible when: the vehicular use area is altered or expanded except 43
for restriping of lots/drives, the building square footage is changed 44
or building improvements exceed 50 percent of the value of the 45
structure. 46
47
iii. Prior to issuing occupancy permits for new construction, 48
implementation, and completion of landscaping requirements in off-49
street vehicular facilities shall be required. 50
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1
c. Shared Parking. Shared parking arrangements between adjoining 2
developments shall be encouraged. 3
4
d. Parking Reduction. Off-street parking requirements may be reduced 5
through the substitution of one required parking space by providing and 6
maintaining a bicycle rack able to hold four bicycles throughout the IUAOD. 7
The maximum reduction is 25 percent of the required off-street parking or 8
25 spaces, whichever is less. 9
10
e. Bicycle parking. 11
12
i. Applicability. Due to the significance of pedestrian and bicycle 13
modes of travel within the IUAOD, bicycle parking spaces shall be 14
required for safe and secure parking of bicycles. These regulations 15
replace LDC section 4.05.08 Bicycle Parking Requirements. 16
17
ii. Number. Provisions for the safe and secure parking of bicycles shall 18
be furnished at a ratio of five percent of requirements for motor 19
vehicles as set forth in section 4.05.04. but not to exceed a 20
maximum of 20 total bicycle parking spaces. A minimum of two 21
bicycle parking spaces shall be provided. 22
23
iii. Design. 24
25
a) A bicycle parking facility suited to a single bicycle ("bicycle 26
parking space") shall be of a stand-alone inverted-U design 27
measuring a minimum of 36 inches high and 18 inches wide 28
[of one and one-half (1½) inch Schedule 40 pipe, ASTM F 29
1083] bent in one (1) piece ("bike rack") mounted securely 30
to the ground [by a ⅜-inch thick steel base plate, ASTM A 31
36] so as to secure the bicycle frame and both wheels. 32
33
b) Each bicycle parking space shall have a minimum of three 34
feet of clearance on all sides of the bike rack. 35
36
c) Bicycle spaces shall be surfaced with the same or similar 37
materials approved for the motor vehicle parking lot, lighted 38
and located no greater than 100 feet from the main building 39
entrance. 40
41
d) Extraordinary bicycle parking designs which depart from the 42
bike rack standard but are consistent with the 43
development's design theme shall be considered by the 44
County architect. Bike racks which function without securing 45
the bicycle frame, require the use of a bicycle kick stand, or 46
which may be freely reoriented are not allowable. 47
48
6. Fencing and Walls, Excluding Sound Walls. 49
50
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a. Applicability. The provisions of LDC section 5.03.02 Fence and Walls, 1
Excluding Sound Walls, are applicable within the IUAOD with the following 2
exceptions: 3
4
i. LDC section 5.03.02.G Supplemental Standards 5
6
b. Supplemental standards. 7
8
i. All fences shall have their finished side facing outward. 9
10
ii. Fences on sites with structures which are subject to section 5.05.08 11
Architectural & Site Design Standards must comply with the 12
following additional standards: 13
14
a) Chain link (including wire mesh) and wood fences are 15
permitted forward of the primary façade. 16
17
b) Fences forward of the primary façade, including chain link, 18
wire mesh, and wood are permitted under the following 19
conditions: 20
21
i) Fences shall not exceed four feet in height. 22
23
ii) The fence provides either an open view at a 24
minimum of 25 percent of its length or provides 25
variation in its height for a minimum of 15 percent of 26
its length with a deviation of at least 12 inches. 27
28
iii) The fence style must complement building style 29
through material, color, and design. 30
31
iii. Use of chain link or wire mesh fencing (the requirements of this 32
section are not applicable to single family dwellings). If located 33
adjacent to an arterial or collector road in the urban coastal area, 34
the fence shall be placed no closer than three feet to the edge of 35
the right-of-way or property line. 36
37
iv. Barbed wire is only authorized within agricultural districts and on 38
fences surrounding public utility ancillary systems in all districts. 39
Razor or concertina wire is not permitted except in the case of an 40
institution whose purpose is to incarcerate individuals, i.e., a jail or 41
penitentiary, or by application and decision by the County Manager 42
or designee. 43
44
7. Outdoor lighting requirements. 45
46
a. Applicability. In addition to LDC section 4.02.08 Outside Lighting 47
Requirements, the following regulations shall apply to all non-residential 48
development within the IUAOD. If any of the provisions noted herein 49
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conflict with other regulations within LDC section 4.02.08 Outside Lighting 1
Requirements, the following shall apply. 2
3
b. Design. 4
5
i. The design of the lighting fixtures shall be consistent with the design 6
of the project (including outparcels) in style, color, materials, and 7
location. 8
9
ii. Lighting shall be designed to comply with the intent of the 10
Illuminating Engineering Society of North America (full cutoff). All 11
lighting shall be designed to eliminate uplighting. 12
13
iii. Lighting shall be designed to prevent the glare or spillage of light 14
onto adjacent properties and to prevent hazardous interference with 15
automotive and pedestrian traffic. In order to accomplish this, all 16
exterior lighting shall be directional, and use recessed light bulbs, 17
filters or shielding to conceal the source of illumination. 18
19
c. Security Lighting. Lighting for security purposes shall be directed away 20
from and shielded from adjacent properties and rights-of-way. This 21
requirement shall also apply to agricultural uses. 22
23
8. Signage. 24
25
a. Applicability. In addition to LDC section 5.06.00 Sign Regulations and 26
Standards by Land Use Classification, the following regulations shall apply 27
to all businesses within the IUAOD. If any of the provisions noted herein 28
conflict with LDC section 5.06.00 Sign Regulations and Standards by Land 29
Use Classification, the following shall apply. 30
31
b. Murals and Wall Art. Murals are allowed as public art within the IUAOD and 32
subject to the following: 33
34
i. Murals are only allowed on commercial, civic, or institutional 35
buildings. 36
37
ii. One mural is allowed per building. 38
39
iii. Murals are permitted on sections of buildings where there are no 40
windows or doors or where the mural will not interfere with the 41
building’s architectural details. 42
43
iv. The mural shall not contain text. 44
45
v. The mural cannot be temporary in nature and the building owner 46
must commit to maintaining the mural. 47
48
vi. Review and approval from the CRA Advisory Board is required to 49
ensure the mural complies with the conditions above and that the 50
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artwork complements the design of the building in color, shape, and 1
location. 2
3
C. Building and site design standards specific to the Mainstreet Overlay Subdistrict (MSOS). 4
5
1. Purpose and intent. The standards described in this section shall apply to all non-6
residential uses in this overlay subdistrict. Where a conflict may arise between 7
these regulations and LDC section 4.02.27, the subdistrict regulations shall control. 8
9
2. Dimensional standards. 10
11
a. Height. Structures shall be no more than 35 feet in height, except that 12
hotel/motel uses shall be no more than 50 feet in height. 13
14
b. Setback. The Main Street Overlay Subdistrict contains four design districts 15
as described below, which were created in order to maintain and enhance 16
the urban character of downtown Immokalee and to encourage the desired 17
pattern of development. 18
19
i. Main Street Corridor. 20
21
a) Main Street Corridor. The Main Street Corridor is for those 22
properties abutting Main Street from Second Street East to 23
Hancock Street or 11th Street. 24
25
b) First Street Corridor. The First Street Corridor is for those 26
properties abutting First Street from Eustis Avenue to West 27
Main Street. 28
29
c) Fifteenth Street Corridor. The Fifteenth Street Corridor is for 30
those properties abutting Fifteenth Street from Hancock 31
Street to Immokalee Drive. 32
33
d) Side Streets. The side streets include all streets running 34
perpendicular and parallel to the Main Street, First Street 35
and Fifteenth Street Corridors within the Main Street 36
Overlay Subdistrict. 37
38
Table 1. Dimensional Requirements in the MSOS 39
DESIGN
DISTRICT
SETBACK FROM THE
STREET(FRONT/CORNER)
SIDE YARD
SETBACK
REAR YARD
SETBACK
MAIN STREET
CORRIDOR
0’ from property line or 10’
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.
Min. = 0’ if
neighboring
building has 0’
setback,
otherwise
maintain a
building
separation of 10’
5’ or 20’ when
abutting
residential
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1 No building, appurtenance, or site design element listed in LDC section 4.02.27 B, or any 1
outdoor seating areas shall project beyond the property line or be placed into a right -of-2
way without the appropriate right-of-way permitting in accordance with Resolution 2016-3
136, as amended. 4
5
2 Setback measured from the back of the curb at the sidewalk’s narrowest segment within 6
the same block (e.g. not including bump outs). 7
8
Illustration 1 - General Building Setbacks Plan View 9
10
(see Illustration
3)
Max. = 50% of
lot width (both
sides combined)
(see Illustration
4)
FIRST STREET
CORRIDOR
0’ from property line or 8’
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.
Min. = 0’ if
neighboring
building has 0’
setback,
otherwise
maintain a
building
separation of 10’
(see Illustration
3)
Max. = 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 curb* (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
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
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1
2
Illustration 2 - Setback requirements along Side Streets 3
4
5
6
Illustration 3 - Side Yard Setback Requirements – Alternative 1 7
8
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1
2
Illustration 4 - Side Yard Setback Requirements – Alternative 2 3
4
5
6
c. Exceptions to building setback requirements. 7
8
i. Public Space: Street setbacks may be permitted up to 30 feet if 9
pedestrian courtyards, plazas, cafes, fountains, or other public 10
gathering places are provided in front of the recessed portion of the 11
building. For buildings greater than 40 feet in width, the increased 12
setback area shall not exceed 50 percent of the building frontage 13
and shall incorporate a street wall along the original setback line. 14
15
ii. Arcades: The use of arcades is encouraged and therefore allowed 16
to extend up to the property line. They may have enclosed space, 17
balconies, or verandas above them. Arcades should be open and 18
non-air conditioned. 19
20
3. Building and site design standards. 21
22
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a. Architectural Styles. All new non-residential buildings within the MSOS are 1
encouraged to adopt architectural elements consistent with one of the 2
following types of architecture. Conditional uses within the MSOS are 3
required to adopt architectural elements consistent with one of the types of 4
architecture described in Table 1 below: 5
6
Table 1 - Architectural style descriptions 7
8
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
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
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brighter colors
are encouraged
Ornamentation 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
1
i. Spanish vernacular. 2
3
a) Mediterranean Style: Also known as Spanish Eclectic or 4
Spanish Colonial Revival. Characteristics typically include 5
barrel tile, low-pitched roofs usually with little or no 6
overhang, parapets, arches, stucco, and asymmetrical 7
facades. Mediterranean style buildings typically contain the 8
following: multi-level roofs composed of barrel tile (half 9
cylinders) or Spanish Tiles (s-curved shape) in red and earth 10
tones, façade of stucco and sand finish or hand troweled, 11
arched windows (some triple-arched), ornamentation 12
contain full arches and patterned tiles or single tile for 13
accent. 14
15
b) Mission Style: Influenced by the Spanish Colonial Style. 16
Characteristics typically include barrel tile roofs, arches, 17
earth tone colors, and asymmetrical façades finished in 18
stucco. Similar to the Mediterranean Style but exhibiting 19
much less ornamentation and detailing. Mission Style 20
buildings typically contain flat roof with curvilinear parapets 21
are most common, barrel tile (half cylinders) or Spanish Tile 22
(s-curved shape), stucco with sand finish or hand troweled, 23
and ornamentation containing full arches. 24
25
c) Frame Vernacular: Also known as Florida Cracker or Key 26
West Style. Some frame vernacular buildings in Florida 27
exhibit a Caribbean influence, while others are more 28
utilitarian or rural in nature. Most familiar elements of this 29
style are the use of horizontal siding for façade finish, 30
elaborate wood balustrades, large porches, and metal roofs. 31
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Frame Vernacular buildings typically contain metal roofs (5v 1
panels or narrow standing seam), lapped siding with corner 2
boards (wood or vinyl) and ornamentation of gable end or 3
eave brackets. 4
5
d) Contemporary: Contemporary architecture focuses on 6
innovation while being in harmony with nature through the 7
use of clean geometric lines and elements such as 8
openness both in interiors and to the outside, natural light, 9
eco-friendly materials and creative styles. This is achieved 10
through the use of a range of building materials such as 11
concrete, glass, wood, and metals. 12
13
b. Building façade design. Buildings should have architectural features and 14
patterns that provide visual interest from the perspective of the pedestrians 15
and motorists. All additions and alterations shall be compatible with the 16
principal structure in design, color, and materials. 17
18
i. Façade orientation. New buildings should orient the principal 19
entrance façade parallel to the public right-of-way. If the building 20
fronts on more than one public right-of-way, all facades facing the 21
public rights-of-way should be designed consistent with primary 22
façade requirements. 23
24
ii. Façade continuity. Facades along Main Street should limit building 25
gaps along the block. If a gap is created between two buildings, one 26
of the following should be provided. 27
28
a) A pedestrian courtyard (connecting to rear parking areas or 29
alleys), or 30
31
b) A decorative façade connecting the two buildings, or 32
33
c) A low street wall along that portion of the lot along the right-34
of-way not devoted to pedestrian or vehicular access. 35
36
iii. Façade variation. 37
38
a) Primary façades should not exceed 20 horizontal feet and 39
10 vertical feet, without three of the following elements. 40
When selecting these elements, there should be a 41
combination of vertical and horizontal elements in order to 42
create variation in the façade. 43
44
i) A change in plane, such as an offset, reveal, or 45
projecting rib (columns, built in planters, arches, 46
voids, etc.). Such plane projections or recesses 47
shall have a width of no less than 20 inches, and a 48
depth of at least six inches. 49
50
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ii) Awnings. 1
2
iii) Arcades/colonnades. 3
4
iv) Balconies. 5
6
v) Complementary change in material/texture. 7
8
vi) Garage doors. 9
10
vii) Doors and/or windows. 11
12
viii) Decorative architectural elements (tiles, medallions, 13
etc.). 14
15
ix) Raised bands/cornices. 16
17
b) Secondary façades should include at least two elements 18
from the primary façade list above. In addition to the list 19
above a mural or wall art may be substituted for two façade 20
elements. 21
22
c. Entrances. 23
24
i. Corner buildings along the Main Street, First Street or Fifteenth 25
Street corridor should orient the primary entrance to the primary 26
street. 27
28
ii. All primary entrances should include one of the following: 29
30
a) Protruding front gable. 31
32
b) Pilasters, columns, a stoop or other projection or recession 33
in the building footprint that clearly identifies the entrance. 34
35
iii. In addition, every primary entrance should have two other 36
distinguishing features from the list below: 37
38
a) Variation in building height; 39
40
b) Canopy or portico; 41
42
c) Raised cornice or parapet over door; 43
44
d) Arches/columns; 45
46
e) Ornamental and structural architectural details. 47
48
d. Glazing. 49
50
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i. The arrangement of windows and doors should be consistent with 1
the architectural style of the building. 2
3
ii. Windowless façades facing the public right-of-way should be 4
prohibited. 5
6
iii. Transparency requirements include the following: 7
8
a) The ground floor building wall facing the street should 9
contain windows and doors occupying at least 50 percent of 10
the first-floor façade. The first-floor windows shall be located 11
between three and eight feet measured from ground level. 12
All other floors and elevations shall contain at least 25 13
percent glazing. 14
15
b) Clear glass (88 percent light transmission) should be 16
installed on the first floor. Tinted glass allowing a minimum 17
of fifty percent light transmission should only be allowed on 18
second floor windows and above. Stained or art glass is 19
allowed only if it is in character with the style of the building, 20
such as in a church. 21
22
c) Office uses should have front exterior walls containing a 23
minimum of 25 percent transparent or translucent materials 24
on each story. The side exterior walls (facing the street) 25
should each contain a minimum of 15 percent transparent 26
or translucent materials on each story. 27
28
d) Transparent materials on walls that are not parallel or 29
approximately parallel to the public right-of-way and on 30
doors should not be counted toward the minimum 31
transparency requirement. 32
33
e) Garage or service bay doors should not be included in the 34
transparency/translucency calculation. 35
36
e. Landscaping and buffering. To encourage redevelopment, the following 37
landscape criteria shall apply to all commercially zoned properties and 38
those residential properties with permitted commercial uses. The following 39
landscape buffering criteria shall be applicable to projects with a total 40
building square footage of less than or equal to 5,000 square feet. For all 41
others, LDC section 4.02.27 B.4 applies: 42
43
i. Properties adjacent to residentially zoned lots/parcels shall provide 44
a minimum 10-foot-wide landscape buffer, consisting of at least a 45
six-foot-high hedge (four feet at time of planting and growing to six 46
feet within one year) or wall, with trees spaced no more than 25 feet 47
on center; 48
49
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ii. Properties adjacent to commercially zoned lots/parcels shall 1
provide a minimum seven and one-half -foot-wide landscape buffer 2
with a single row hedge and trees spaced no more than 30 feet on 3
center. The hedge shall at a minimum consist of three-gallon plants, 4
two feet in height, spaced a minimum of three feet on center at 5
planting. 6
7
iii. A minimum seven and one-half-foot-wide buffer, with at least two 8
trees per lot/parcel or one tree per 40 linear feet, whichever is 9
greater, shall be required adjacent to all rights-of-way; 10
11
iv. Lots/parcels that are unable to meet the minimum landscape criteria 12
above, shall be required to provide landscaping to the greatest 13
extent practicable, or an alternative enhancement plan that may 14
include planters and/or flower boxes for each property, as approved 15
by the County Manager or designee. 16
17
f. Off-street parking. Minimum off-street parking and off-street loading. 18
Standards for parking within the MSOS, and as set forth below: 19
20
i. No additional off-street parking is required for outdoor dining or 21
outdoor restaurant seating areas. 22
23
ii. All properties within the MSOS, having frontage on Main Street, 24
First Street, or Ninth Street are required by this subdistrict to locate 25
all parking areas in the rear yard and/or side yards. 26
27
a) Properties having frontage on Main Street or First Street or 28
Ninth Street are required to locate their primary business 29
entrance on that street. Parcels fronting both Main Street 30
and First Street or both Main Street and Ninth Street are 31
required to locate their primary business entrance on Main 32
Street. 33
34
b) Uses in existence, as of the effective date of this LDC 35
section, are exempt from the minimum parking 36
requirements as set forth in LDC section 4.05.00, except 37
that existing uses shall not reduce the number of spaces 38
below what is provided as of the effective date of this LDC. 39
40
c) A change of use shall be exempt from the minimum parking 41
requirements as set forth in LDC section 4.05.00 up to an 42
intensity level of one parking space per 100 square feet. A 43
change of use to an intensity of greater than one space per 44
100 square feet shall require parking at one parking space 45
per 150 square feet. 46
47
d) Any use in a building constructed after the effective date of 48
this LDC will be required to provide parking at 50 percent of 49
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the minimum requirement as set forth in LDC section 1
4.05.00. 2
3
iii. Lots, parcels, or uses which do not have frontage on Main Street or 4
First Street shall comprise the secondary area within the MSOS. 5
6
a) Uses in existence as of the effective date of this LDC 7
Section are exempt from the minimum parking requirements 8
as set forth in LDC section 4.05.00 except that existing uses 9
shall not reduce the number of spaces below that which is 10
provided as of the effective date of this LDC. 11
12
b) A change of use shall be exempt from the minimum parking 13
requirements as set forth in LDC section 4.05.00 up to an 14
intensity level of one parking space per 100 square feet. A 15
change of use to an intensity greater than one parking space 16
per 100 square feet shall require parking at 50 percent of 17
the minimum requirement as set forth under LDC section 18
4.05.00. No change in use shall allow for a reduction of the 19
current number of parking spaces provided. 20
21
iv. The provisions of the MSOS do not prevent establishments utilizing 22
shared parking agreements and off-site parking arrangements as 23
set forth in LDC section 4.05.00. Furthermore, the maximum 24
distances set forth in LDC section 4.05.00 shall be increased to 25
1,000 feet within the boundaries of the MSOS. Properties within the 26
MSOS entering into off-site parking agreements with properties 27
outside the MSOS may utilize the 1,000-foot rule. 28
29
v. Standards for landscaping in vehicular use areas within the MSOS. 30
31
a) Landscaping is required in the interior of vehicular use 32
areas. At least ten percent of the gross square footage of 33
onsite vehicular use area shall be devoted to interior 34
landscaping areas. 35
36
b) All rows of parking spaces shall be bordered on each end 37
by curbed landscape islands/Terminal Landscape Islands. 38
Each terminal island shall measure no less than eight feet 39
in width from inside the curb and extend the entire length of 40
the single or double row of parking spaces bordered by the 41
island. Type D or Type F curb per current FDOT Design 42
Standards is required around all landscape islands. 43
Terminal islands shall be landscaped with at least one 44
canopy tree. The remainder of the terminal island shall be 45
landscaped with sod, ground covers or shrubs or a 46
combination of any of the above. 47
48
c) Vehicular use areas under 25 required parking spaces 49
within the MSOS are exempt from the LDC section 4.06.03 50
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requirement that does not allow more than 10 contiguous 1
parking spaces without being separated by a landscape 2
island. In lieu of landscape islands, ten percent of the gross 3
square footage of onsite vehicular use area shall be added 4
to the perimeter landscape buffer area. Vehicular use areas 5
over 25 required parking spaces shall comply with LDC 6
section 4.06.03 B.2. 7
8
9
g. Fencing. 10
11
i. Street walls are encouraged to screen off-street parking facilities 12
(spaces or driveways) from the right-of-way. 13
14
ii. Street walls shall be a minimum of three feet and a maximum of five 15
feet in height. 16
17
iii. Street walls greater than three feet in height above grade shall be 18
no more than 50 percent solid. 19
20
iv. Street walls should be designed to complement the principal 21
building style, materials, and colors. 22
23
v. In lieu of a street wall, a continuous hedge row no more than four 24
feet in height can be provided. 25
26
vi. Utilities/service areas. 27
28
a) Accessory structures should have the same architectural 29
detail, design elements and roof design as the primary 30
structure. 31
32
b) Rooftop mechanical equipment should be integrated into 33
the overall mass of a building by screening it behind 34
parapets or by recessing equipment into hips, gables, 35
parapets, or similar features. Plain boxes as the only 36
screening mechanism are not acceptable. 37
38
c) Equipment installed at ground level should be screened by 39
low walls or landscaping. 40
41
d) Areas for outdoor storage, trash collection, and loading 42
should be incorporated into the primary building design. 43
The materials used shall be of comparable quality and 44
appearance to those of the primary building. 45
46
e) Loading areas or docks, outdoor storage, waste disposal, 47
mechanical equipment, satellite dishes, truck parking, and 48
other service support equipment should be located behind 49
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the building line and shall be fully screened from the view of 1
public rights-of-way. 2
3
h. Signage. 4
5
i. Projecting signs are permitted in addition to permitted signs 6
provided such signs do not exceed six square feet in size and are 7
elevated to a minimum of eight feet above any pedestrian way. 8
9
ii. Sandwich boards are permitted, one per establishment, not to 10
exceed six square feet and shall only be displayed during business 11
hours. 12
13
D. Building and site design standards specific to the State Road 29A Commercial Overlay 14
Subdistrict (SR 29OS). 15
16
1. Purpose and intent. The standards described in this section shall apply to all non-17
residential uses in this overlay subdistrict. Where a conflict may arise between 18
these regulations and LDC section 4.02.27, the subdistrict regulations shall control. 19
20
a. Exceptions. Owners of lots or combination of lots having less than the 21
required street frontage may petition the Board of Zoning Appeals for a 22
variance from the standard in this subdistrict as will not be contrary to the 23
public interests when owing to special conditions peculiar to the property, 24
a literal enforcement of these standards would result in unnecessary and 25
undue hardship. 26
27
2. Dimensional standards. 28
29
a. Height. Buildings shall have a maximum height of 50 feet. 30
31
b. Setback. 32
33
i. Front Setback – Minimum 25 feet when abutting S.R. 29, all others 34
shall comply with their underlying zoning and use standards. 35
36
ii. Rear Setback – Minimum of 25 feet when abutting S.R. 29, all 37
others shall comply with their underlying zoning and use standards. 38
39
3. Landscaping and buffering. 40
41
a. Projects with a total building square footage of less than or equal to 5,000 42
square feet shall provide a 10-foot Type A landscape buffer as described 43
in LDC section 4.06.00 along vehicular rights-of-way with required 44
sidewalks and adjacent residential development. Where abutting a 45
commercially zoned or developed property, a Type A landscape buffer as 46
described in LDC section 4.06.00 must be provided. 47
48
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b. Projects with a total building square footage exceeding 5,000 square feet 1
shall provide landscape buffering in accordance with LDC section 4.02.27 2
B.4. 3
4
4. Off-street parking. 5
6
a. Access points to SR-29 shall comply with Florida State Department of 7
Transportation (FDOT) permitting regulations. Parcels that have 440 feet 8
of street frontage or less shall provide access off existing adjacent 9
roadways, when possible, and should not directly access SR-29. 10
11
b. Shared parking arrangements and interconnections between adjoining 12
developments shall be encouraged. 13
14
c. Sidewalks shall be provided to encourage pedestrian traffic. The location 15
of said sidewalks shall be coordinated with adjacent projects. 16
17
E. Building and site design standards specific to the Jefferson Avenue Commercial Overlay 18
Subdistrict (JACOS). 19
20
1. Purpose and intent. The standards described in this section shall apply to all non-21
residential uses in this overlay subdistrict. Where a conflict may arise between 22
these regulations and LDC section 4.02.27, the subdistrict regulations shall control. 23
24
2. Dimensional standards. 25
26
a. Height. Commercial buildings shall have a maximum height of 50 feet 27
excluding 10 feet for under-building parking. 28
29
b. Setback. 30
31
i. Front Setback – A minimum of 25 feet for all commercial buildings 32
when abutting Jefferson Avenue. All other setbacks shall comply 33
with their underlying zoning and use standards. 34
35
ii. All other setbacks shall be in accordance with the underlying zoning 36
and use standards. 37
38
3. Landscaping and buffering. 39
40
a. Projects with a total building square footage of less than or equal to 5,000 41
square feet shall provide a 10 foot Type I-A landscape buffer, as identified 42
in LDC section 4.02.27 B.4, on Jefferson Avenue. 43
44
b. Projects with a total building square footage exceeding 5,000 square feet 45
shall provide landscape buffering in accordance with LDC section 4.02.27 46
B.4. 47
48
4. Off-street parking. 49
50
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a. Access points for future commercial development shall be limited to a 1
maximum of one (1) per 150 feet of street frontage. 2
3
b. Properties with less than the required street frontage, shall be encouraged, 4
and may be required as a condition of site development plan approval, to 5
utilize shared access points with adjoining commercial development. 6
7
i. Owners of lots or combination of lots having less than the 150-foot 8
of required frontage may petition the Board of Zoning Appeals for a 9
variance from the standard in this subdistrict as will not be contrary 10
to the public interest when owing to special conditions peculiar to 11
the property, a literal enforcement of these standards would result 12
in unnecessary and undue hardship. 13
14
ii. Provisions for shared parking arrangements with adjoining 15
developments shall be encouraged. 16
17
F. Reserved. 18
19
G. Building and site design standards specific to the Agribusiness/Farm Market Overlay 20
Subdistrict (AFOS). 21
22
1. Purpose and intent. The standards described in this section shall apply to all non-23
residential uses in this overlay subdistrict. Where a conflict may arise between 24
these regulations and LDC section 4.02.27, the subdistrict regulations shall control. 25
26
2. Exceptions. The following uses, located within the AFOS and as identified in the 27
Standard Industrial Classification Manual, are exempt from the provisions set forth 28
in LDC section 5.05.08, Architectural and Site Design Standards for Commercial 29
Buildings and Projects and LDC section 4.02.27 B.2. Building Design Standards. 30
31
a. Agricultural Services (0723). 32
33
b. Wholesale Trade (5148). 34
35
c. Agricultural Outdoor Sales. 36
37
3. Dimensional standards. 38
39
a. Dimensional standards shall be as required for the C-5 zoning district 40
except that the minimum floor area shall be 500 square feet of gross floor 41
area for permitted principal agricultural structures. 42
43
b. Building height shall have a maximum height of 50 feet. 44
45
H. Building and site design standards specific to the Industrial Mixed Use Commercial 46
Overlay Subdivision (IMCOS). 47
48
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1. Purpose and intent. The standards described in this section shall apply to all non-1
residential uses in this overlay subdistrict. Where a conflict may arise between 2
these regulations and LDC section 4.02.27, the subdistrict regulations shall control. 3
4
2. Dimensional standards. 5
6
a. Height. Building height shall be a maximum of 50 feet. 7
8
b. Setback. A minimum 75-foot building setback is required for all 9
development adjacent to residentially or agriculturally zoned properties. 10
This setback may be reduced to 50 feet if a minimum six (6) foot tall 11
decorative wall or fence, providing at least 80 percent, opacity is installed 12
within the reduced setback, and the required 20-foot landscape buffer is 13
located between the wall or fence and the adjacent residentially and/or 14
agriculturally-zoned properties. 15
16
3. Landscaping and buffering. 17
18
a. A minimum 20-foot-wide vegetated landscape buffer shall be provided. 19
This vegetated buffer shall be located adjacent to all property lines and 20
shall contain, at a minimum, two staggered rows of trees that shall be 21
spaced no more than 30 feet on center, and a double hedge row at least 22
24 inches in height at time of planting and attaining a minimum of three (3) 23
feet in height within one year. 24
25
b. Existing native trees must be retained within this 20-foot-wide buffer area 26
to aid in achieving this buffer requirement; other existing native vegetation 27
shall be retained where possible, to aid in achieving this buffer requirement. 28
29
c. Water retention/detention aeras shall be allowed in this buffer area if left in 30
a natural state, and drainage conveyance thorough the buffer area shall be 31
allowed if necessary to reach an external outfall. 32
33
I. Specific Design Standards for New Mobile Home Lots in the Immokalee Urban Area 34
Overlay District (IUAOD). 35
36
1. Purpose and intent. The purpose of this section is to provide relief form the 37
dimensional standards established in LDC section 4.02.01 for new mobile home 38
lots approved through an existing conditions site improvement plan or 39
amendments thereof within the Nonconforming Mobile Home Site Overlay 40
Subdistrict as established in LDC section 2.03.07 G.3.g. This section shall not 41
apply to the replacement of mobile home units identified on lots established by an 42
existing conditions site improvement plan. 43
44
2. Dimensional standards. 45
46
Table 1. Dimensional Standards for New Mobile Home Lots within the IUAOD 47
48
Design Standard
Minimum lot requirements
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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
1
3. Dumpster/Enclosure. A dumpster or enclosure for individual containers is required 2
in accordance with LDC section 5.03.04. No dumpster shall be located closer than 3
15 feet from any public street. 4
5
4. Private Roads. Private roads leading to and serving the mobile home park or 6
mobile home lots must be improved and maintained and shall consist of a dust-7
free surface with a minimum width of 20 feet. The dust free surface may consist of 8
aggregate material treated with oil-based material that will bind the aggregate 9
material into a form of macadam road finish. A drainage ditch capable of storing 10
the first one inch of rainfall shall be incorporated into the right-of-way design-cross 11
section, exclusive of the required 20 feet. Drainage shall be directed to a public 12
road via the private road and/or easement conveyance, unless it can be proved 13
that the on-site percolation rates exceed the on-site retention requirement. 14
15
J. Deviation Regulations. Property owners within the Immokalee Urban Area Overlay District 16
may request deviations from specific dimensional requirements as described in this 17
section. A deviation request may be reviewed administratively or by the Planning 18
Commission depending upon its scope. This section addresses the permissible 19
deviations, limitations thereon, and the review process. 20
21
1. Review process. Insubstantial deviations will be reviewed administratively by the 22
County Manager or designee. Substantial deviations will be reviewed by the 23
Hearing Examiner or Collier County Planning Commission (CCPC). This section is 24
not intended to replace the current established process of requesting deviations 25
through the PUD rezoning process. Any deviations from the LDC which are not 26
expressly provided for in this section shall be processed as variances in 27
accordance with LDC section 9.04.00. 28
29
2. Concurrent deviation application required. All deviation requests shall be made 30
concurrently with an application for an SDP or amendment, SIP, or Final 31
Subdivision Plat, or in the case of sign deviations, with a building permit. The 32
applicant shall list all requested deviations on the required site plan(s) and shall 33
depict the deviation(s) graphically on the plan(s). Additional graphic information 34
may also be required by staff, on a case-by-case basis. 35
36
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3. Insubstantial deviation. Requested deviations that do not exceed 10 percent of the 1
required dimension, amount, size, or other applicable dimensional standard, with 2
the exception of the required number of parking spaces, which may not exceed 20 3
percent of the LDC requirement (not more than 10 spaces), are insubstantial. To 4
be approved, the following criteria must be considered: 5
6
a. The proposed deviation is compatible with adjacent land uses and 7
structures, achieves the requirements of the regulations as closely as is 8
practicable, and meets the intent of the related LDC provisions; and 9
10
b. The applicant proposes equitable tradeoffs for the proposed diminution in 11
development standards, such as increased open space, landscaping, 12
pedestrian spaces, buffering or architectural features, in order to meet the 13
intent of the regulation being diminished. 14
15
4. Substantial deviations. Requested deviations that do not qualify as insubstantial 16
deviations are substantial deviations. The Hearing Examiner or CCPC shall 17
consider the following: 18
19
a. Whether or not the proposed deviation is compatible with adjacent land 20
uses and achieves the requirements and/or intent of the regulations as 21
closely as is practicable. 22
23
b. Whether the proposed deviation is the minimum amount necessary to allow 24
for reasonable use of the property and/or address the issue necessitating 25
the deviation request. 26
27
c. Whether the reduced or increased standard requested by the deviation is 28
mitigated for, either on the subject site or by providing a public benefit on 29
the subject site. Examples of such on-site mitigation include but are not 30
limited to: increasing setbacks from the adjacent road right-of-way when 31
proposing to deviate from sign size limitations; increasing plantings or 32
planting sizes or installing a fence or wall where a reduced buffer width is 33
proposed; providing public pedestrian and/or bicycle pathway easements 34
or other similar mobility improvements including transit enhancements; 35
providing public parking; providing beautification in the public realm, 36
including street trees, street furniture, lighting and other similar public 37
benefits. 38
39
5. Applicability – List of Development Standards Eligible for Deviation Requests. 40
Property owners shall be eligible to seek a deviation from the dimensional 41
requirements of the following LDC sections, unless otherwise noted. 42
43
a. LDC section 2.03.01 Rural Agricultural District, limited to subsection 44
A.1.b.4.ii. 45
46
b. LDC section 2.03.03 Commercial Zoning Districts, limited to the following 47
subsections: 48
49
i. A.1.c.11.vii. limited to a maximum of three stories, viii., and ix.; and 50
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1
ii. E.1.c.4.iv. 2
3
c. LDC section 2.03.04 Industrial Zoning Districts, limited to subsection 4
A.1.c.2.iv., minimum lot area only. 5
6
d. LDC section 3.05.07 B.1. Preservation Standards, Specific Standards 7
Applicable Outside the RMFU and RLSA districts, Required Preservation 8
Percentages (Table 1 inset). 9
10
e. LDC section 4.02.01 A Dimensional Standards for Principal Uses in Base 11
Zoning Districts: 12
13
i. Table 1. Lot Design Requirements for Principal Uses in Base 14
Zoning Districts. 15
16
ii. Table 2. Building Dimension Standards for Principal Uses in Base 17
Zoning Districts, excluding building height and in the case of 18
commercial parcels, no deviation shall be granted, for new 19
development, from the required 50-foot building setback when 20
abutting residentially zoned properties, or from the minimum 10-foot 21
wide landscaped strip between the abutting road right-of-way and 22
the off-street parking area for new development, but deviations from 23
these requirements may be considered in the case of 24
redevelopment where existing structures and/or encroachments 25
are proposed to remain; 26
27
iii. Table 2.1 - Table Of Minimum Yard Requirements (Setbacks) for 28
Base Zoning Districts. 29
30
f. LDC section 4.02.02 Dimensional Standards for Conditional Uses and 31
Accessory Uses in Base Zoning Districts, limited to subsection E, except 32
building height. 33
34
g. LDC section 4.02.03 Specific Standards for Location of Accessory 35
Buildings and Structures, Dimensional Standards, except that in the case 36
of new development on commercial parcels, no deviation shall be granted 37
from the required 50-foot building setback when abutting residentially 38
zoned properties, or from the minimum 10-foot wide landscaped strip 39
between the abutting road right-of-way and the off-street parking area. 40
Deviations from these requirements may be considered in the case of 41
redevelopment where existing structures and/or encroachments are 42
proposed to remain. 43
44
h. LDC section 4.02.03 B. Accessory Building Lot Coverage. 45
46
i. LDC section 4.02.27 D. Specific Design Standards for the Immokalee—47
State Road 29A Commercial Overlay Subdistrict, Building Design 48
Standards. 49
50
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j. LDC section 4.02.27 E. Same—Jefferson Avenue Commercial Overlay 1
Subdistrict, Building Design Standards. 2
3
k. LDC section 4.02.27 G. Same—Agribusiness/Farm Market Overlay 4
Subdistrict, Dimensional Standards. 5
6
l. LDC section 4.02.27 C. Same—Main Street Overlay Subdistrict, limited to 7
the following subsections: A.; C.1; D.3 and D.4; and E.1, E.2, and E.3. 8
9
m. LDC section 4.05.04 G. (Spaces Required) Table 17 and 4.05.06 B 10
Loading Space Requirements, utilizing the existing administrative deviation 11
process set forth in LDC Section 4.05.04 F.4., recognizing that the reduced 12
need for off-street parking in Immokalee may be offered as a viable basis 13
for such administrative deviation. 14
15
n. LDC section 4.02.27 B.4. Buffer Requirements (limited to required width) 16
except that in the case of new development on commercial parcels, no 17
deviation shall be granted from the required 50-foot building setback when 18
abutting residentially zoned properties, or from the minimum 10-foot-wide 19
landscaped strip between the abutting road right-of-way and the off-street 20
parking area. Deviations from these requirements may be considered in 21
the case of redevelopment where existing structures and/or 22
encroachments are proposed to remain. 23
24
o. LDC section 4.02.27 B.4.e. Landscaping Requirements for Vehicular Use 25
Areas and Rights-of-Way, Standards for Landscaping in Vehicular Use 26
Areas. 27
28
p. LDC section 4.06.05 B. General Landscaping Requirements, Landscaping 29
requirements for industrial and commercial development, limited to 30
subsection B.3. 31
32
q. LDC section 4.02.27 B.4.f. General Landscaping Requirements, Building 33
Foundation Planting Requirements. 34
35
r. LDC section 4.02.27 B.2. Architectural and Site Design Standards, Building 36
Design Standards. Deviations from non-dimensional provisions of this 37
Section are also allowed as substantial deviations. 38
39
s. LDC section 4.02.27 B.3. Design Standards for Specific Uses. Deviations 40
from non-dimensional provisions of this section are also allowed as 41
substantial deviations. 42
43
t. LDC section 4.02.27 B.3. Architectural and Site Design Standards, Site 44
Design Standards, limited to subsections a, b, c. Deviations from non-45
dimensional provisions of this section are also allowed as substantial 46
deviations. Note: Nothing in LDC section 5.05.08, Architectural and Site 47
Design Standards, shall be deemed to prohibit the use of murals on exterior 48
walls of commercial buildings in the Immokalee Urban Overlay District, 49
provided that: 1) such murals are reviewed and accepted by the Collier 50
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County Redevelopment Agency staff; and 2) such murals do not contain 1
text for the purpose of advertising any business or commercial activity. 2
3
u. LDC section 5.06.04 Development Standards for Signs in Nonresidential 4
Districts, limited to subsection F. 5
6
6. Public notice. Public notice, including signage, notice to property owners and an 7
advertised public hearing, is required for substantial deviation requests, and shall 8
be provided in accordance with the applicable provisions of section 10.03.05 B, for 9
Variances. 10
11
7. Appeals. Within 30 days of the issuance of the decision of staff or of the CCPC, 12
the owner or any aggrieved person may appeal the decision to the Board of Zoning 13
Appeals pursuant to section No. 250-58 of the Codes of Laws and Ordinances. 14
15
A. Access points to SR-29 shall comply with Florida State Department of Transportation 16
(FDOT) permitting regulations. Parcels that have 440-feet or less of street frontage shall 17
provide access off existing adjacent roadways, when possible, and should not directly 18
access SR-29. 19
20
B. Owners of lots or combinations of lots having less than the required street frontage may 21
petition the Board of Zoning Appeals for a variance from the standard in this subdistrict as 22
will not be contrary to the public interest when owing to special conditions peculiar to the 23
property, a literal enforcement of these standards would result in unnecessary and undue 24
hardship. 25
26
C. Building design standards. 27
28
1. Buildings shall be set back from SR-29 a minimum of twenty-five (25) feet and from 29
the rear lot line a minimum of twenty-five (25) feet. 30
31
2. Projects with a total building square footage of less than or equal to 5,000 square 32
feet shall provide a ten (10) foot Type A landscape buffer as described in section 33
4.06.00 between vehicular rights-of-way with required sidewalks and adjacent 34
residential development. adjacent commercial projects shall provide coordinated 35
landscape plans. 36
37
3. Projects with a total building square footage of less than or equal to 5,000 square 38
feet shall provide an area equal to a minimum of two and one-half (2½) percent of 39
the total interior vehicular use area which shall be landscaped to provide visual 40
relief. 41
42
4. Projects with a total building square footage exceeding 5,000 square feet shall 43
provide landscape buffering in accordance with section 4.06.00 of this LDC. 44
45
5. Buildings shall have a maximum height of fifty (50) feet. 46
47
D. Transportation. 48
49
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1. Shared parking arrangements between adjoining developments shall be 1
encouraged. 2
3
2. Deceleration and acceleration lanes shall be consistent with the ROW Permitting 4
and Inspection Handbook and subject to FDOT approval where applicable. 5
6
3. Pedestrian traffic shall be encouraged by providing sidewalks. The location of 7
these sidewalks shall be coordinated with adjacent projects. 8
9
4.02.28 – Reserved Specific Design Standards for the Immokalee—Jefferson Avenue 10
Commercial Overlay Subdistrict 11
12
A. Building design standards. 13
14
1. Projects with a total building square footage of less than or equal to 5,000 square 15
feet shall provide a ten (10) foot Type A landscape buffer as identified in section 16
4.06.00 of this LDC on Jefferson Avenue. 17
18
2. Projects with a total building square footage exceeding 5,000 square feet shall 19
provide landscape buffering in accordance with section 4.06.00 of this LDC. 20
21
3. Commercial buildings shall be set back from Jefferson Avenue a minimum of 22
twenty-five (25) feet. 23
24
4. Commercial building shall have a maximum height of fifty (50) feet excluding ten 25
(10) feet for under-building parking. 26
27
B. Transportation. 28
29
1. Access points for future commercial development shall be limited to a maximum 30
one (1) per 150 feet of street frontage. Properties with less than the required street 31
frontage, shall be encouraged, and may be required as a condition of site 32
development plan approval, to utilize shared access points with adjoining 33
commercial development. 34
35
2. Owners of lots or combination of lots having less than the 150-foot of required 36
frontage may petition the Board of Zoning Appeals for a variance from the standard 37
in this subdistrict as will not be contrary to the public interest when owing to special 38
conditions peculiar to the property, a literal enforcement of these standards would 39
result in unnecessary and undue hardship. 40
41
3. Provisions for shared parking arrangements with adjoining developments shall be 42
encouraged. 43
44
4.02.29 – Reserved Specific Design Standards for the Immokalee Farm Market Overlay 45
Subdistrict 46
47
A. Dimensional standards shall be as required for the C-5 zoning district except that the 48
minimum floor area shall be 500 square feet gross floor area for permitted principal 49
agricultural structures. 50
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1
B. The following uses, as identified in the Standard Industrial Classification Manual (1987), 2
are exempt from the provisions set forth in section 5.05.08, Architectural and Site Design 3
Standards for Commercial buildings and Projects. 4
5
1. Agricultural Services (0723) 6
7
2. Wholesale Trade (5148) 8
9
3. Agricultural Outdoor Sales 10
11
4.02.30 – Reserved Specific Design Standards for the Immokalee—Agribusiness Overlay 12
Subdistrict 13
14
The following uses, as identified in the Standard Industrial Classification Manual (1987), 15
are exempt from the provisions set forth in section 5.05.08. of the Architectural and Site Design 16
Standards for Commercial buildings and Projects: Agricultural Services (0723) and Wholesale 17
Trade (5148). 18
19
4.02.31 – Reserved Specific Design Standards for the Immokalee—Central Business 20
Overlay Subdistrict 21
22
Parking within the Immokalee Central Business Subdistrict shall meet the following 23
standards: 24
25
A. Lots, parcels, or uses which have frontage on West Main Street (SR 29) or First Street 26
(CR 846) shall comprise the primary areas. 27
28
1. Uses in existence as of the effective date of this LDC are exempt from the minimum 29
parking requirements as set forth in section 4.05.00 except that existing uses shall 30
not reduce the number of spaces below that which is provided as of the effective 31
date of this LDC. 32
33
2. The expansion of any use shall require parking at fifty (50) percent of the minimum 34
requirement as set forth in section 4.05.00 for the expansion only. 35
36
3. A change of any use shall be exempt from the minimum parking requirements as 37
set forth in section 4.05.00 up to an intensity level of one (1) parking space per 100 38
square feet. A change of use to an intensity of greater than one (1) space per 100 39
square feet shall require parking at one (1) parking space per 150 square feet. 40
41
4. Any use in a building constructed after the effective date of this LDC will be 42
required to provide parking at fifty (50) percent of the minimum requirement as set 43
forth in section 4.05.00.B.Lots, parcels, or uses which do not have frontage on 44
Main street or First street shall comprise the secondary area.1.Uses in existence 45
as of the effective date of this LDC are exempt from the minimum parking 46
requirements as set forth in section 4.05.00 except that existing uses shall not 47
reduce the number of spaces below that which is provided as of the effective date 48
of this LDC.2.The expansion of any use shall require an addition to any parking of 49
the minimum number of required spaces as set forth under section 4.05.00, for the 50
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expansion only.3.A change of any use shall be exempt from the minimum parking 1
requirements as set forth in section 4.05.00 up to an intensity level of one (1) 2
parking space per 100 square feet. A change of use to an intensity greater than 3
one (1) parking space per 100 square feet shall require parking at fifty (50) percent 4
of the minimum requirement as set forth under section 4.05.00. No change in use 5
shall allow for a reduction of the current number of parking spaces provided.4.Any 6
use in a building constructed after the effective date of this LDC will be required to 7
provide parking at sixty-seven (67) percent of the minimum requirement as set 8
forth in section 4.05.00. 9
10
C. In no way shall the provisions of the Immokalee central business subdistrict (ICBSD) be 11
construed so as to prevent establishments within the boundaries from taking advantage 12
of off-site parking arrangements as set forth in section 4.05.00. Furthermore, the maximum 13
distances set forth in section 4.05.00 shall be increased to 600 feet within the boundaries 14
of the ICBSD, Properties within the ICBSD entering into off-site parking agreements with 15
properties outside the ICBSD may utilize the 600-foot rule. 16
17
4.02.32 – Reserved Specific Design Standards for the Immokalee—Main Street Overlay 18
Subdistrict 19
20
A. Dimensional Standards. 21
22
1. Front yard. Ten (10) feet except in the event of an awning, arcade or colonnade 23
which may extend up to seven (7) feet into the required yard. 24
25
2. Side yard. Zero (0) in the event a wall is contiguous to another wall on an adjacent 26
property, otherwise ten (10) feet. 27
28
3. Rear yard. Five (5) feet. 29
30
4. Rear yard abutting residential. Twenty (20) feet. 31
32
5. Structures shall be no more than thirty-five (35) feet in height, except that 33
hotel/motel uses shall be no more than fifty (50) feet in height. 34
35
B. Minimum off-street parking and off-street loading. As permitted by section 4.02.31. 36
standards for parking within the Immokalee Central Business district, and as set forth 37
below: 38
39
1. Outdoor cafe areas, shall be exempt from parking calculations. 40
41
2. All properties within the Main Street Overlay subdistrict, having frontage on Main 42
Street, First Street or Ninth Street are required, by this subdistrict to locate all 43
parking areas in the rear yard and/or in side yards. 44
45
C. Signs. 46
47
1. Projecting signs are permitted in addition to permitted signs provided such signs 48
do not exceed six (6) square feet in size and are elevated to a minimum of eight 49
(8) feet above any pedestrian way. 50
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1
2. Sandwich boards are permitted, one (1) per eating establishment, not to exceed 2
six (6) square feet in size and shall only be displayed during business hours. 3
4
D. Development shall be subject to the provisions of section 5.05.08, Architectural and site 5
design standards for commercial buildings and projects, except as set forth below: 6
7
1. Properties having frontage on Main Street or First Street or Ninth Street are 8
required to locate their primary business entrance on that street. Parcels fronting 9
both Main Street and First Street or both Main Street and Ninth Street are required 10
to locate their primary business entrance on Main Street. 11
12
2. Reflective or darkly tinted glass is prohibited on ground floor windows. 13
14
3. Properties with less than fifty (50) feet of road frontage shall only require a 15
minimum of one (1) roof change. 16
17
4. Commercial projects 5,000 square feet in size or less shall only require a minimum 18
of two (2) design features, as described within section 5.05.08 of this LDC. 19
20
5. To encourage redevelopment within the Main Street Overlay subdistrict, for 21
proposed redevelopment of existing projects that do not increase impervious 22
surface area and whose total building area is less than or equal to 5,000 square 23
feet in size, the applicant shall be exempt from section 4.06.00 of the landscaping 24
and buffering provisions, requiring the seal of a landscape architect and shall also 25
be exempt from section 5.05.08., Architectural and Site Design Standards and 26
Guidelines for Commercial buildings and Projects, requiring the seal of an 27
architect.6.The minimum commercial design criteria, as set forth above, shall be 28
applicable to projects with a total building square footage of less than or equal to 29
5,000 square feet. 30
31
E. To encourage redevelopment, the following landscape criteria shall apply to all 32
commercially zoned properties and those residential properties with permitted commercial 33
uses, except where otherwise prohibited by this subdistrict. The following landscape 34
buffering criteria shall be applicable to projects with a total building square footage of less 35
than or equal to 5,000 square feet: 36
37
1. Properties adjacent to residentially zoned lots/parcels shall provide a minimum ten 38
(10) foot wide landscape buffer, six (6) foot high hedge or wall (four (4) feet at 39
planting; six (6) feet within one (1) year) with trees spaced no more than twenty 40
(25) feet on center; 41
42
2. Properties adjacent to commercially zoned lots/parcels shall provide a minimum 43
five (5) foot wide landscape buffer with a single row hedge and trees spaced no 44
more than thirty (30) feet on center. The hedge shall at a minimum consist of three 45
(3) gallon plants, two (2) feet in height spaced a minimum of three (3) feet on center 46
at planting. 47
48
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3. A minimum five (5) foot buffer, with at least two (2) trees per lot/parcel or one (1) 1
tree per forty (40) linear feet whichever is greater, shall be required adjacent to all 2
rights-of-way; 3
4
4. Lots/parcels that are unable to meet the above minimum landscape criteria, shall 5
be required to provide landscape planters and/or flower boxes for each such 6
property, as recommended by the County Manager or designee. 7
8
4.02.33 – Reserved Specific Design Standards for New Mobile Home Lots in the Immokalee 9
Urban Overlay Subdistrict 10
11
The purpose of this section is to provide relief from the dimensional standards established 12
in LDC section 4.02.01 for new mobile home lots approved through an existing conditions site 13
improvement plan or amendments thereof within the Nonconforming Mobile Home Site Overlay 14
Subdistrict, as established in LDC section 2.03.07 G.6. This section shall not apply to the 15
replacement of mobile home units identified on lots established by an existing conditions site 16
improvement plan. 17
18
A. Dimensional standards. 19
20
Table 15. Dimensional standards for the Nonconforming Mobile Home Site Overlay Subdistrict 21
22
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
23
B. A dumpster or enclosure for individual containers is required in accordance with section 24
5.03.04. of this LDC. No dumpster shall be located closer than fifteen (15) feet from any 25
public street. 26
27
C. Private roads leading to and serving the mobile home park or mobile home lots must be 28
improved and maintained, and shall consist of a dust free surface with a minimum width 29
of twenty (20) feet. The dust free surface may consist of aggregate material treated with 30
oil-based material that will bind the aggregate material into a form of macadam road finish. 31
A drainage ditch capable of storing the first one inch of rainfall shall be incorporated into 32
the right-of-way design-cross section, exclusive of the required twenty (20) feet. Drainage 33
shall be directed to a public road via the private road and/or easement conveyance, unless 34
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it can be proved that the on-site percolation rates exceed the on-site retention 1
requirement. 2
3
# # # # # # # # # # # # # 4
5
5.03.02 - Fences and Walls, Excluding Sound Walls 6
7
* * * * * * * * * * * * * 8
9
G. Supplemental Standards. 10
11
1. Fences on sites with structures which are subject to LDC section 5.05.08 12
Architectural & Site Design Standards, except for residential properties located in 13
the IUAOD, must comply with the following additional standards: 14
15
a. Chain link (including wire mesh) and wood fences are prohibited forward of 16
the primary façade and shall be a minimum of 100 feet from a public right-17
of-way. If these types of fences face a public or private street then they 18
shall be screened with an irrigated hedge planted directly in front of the 19
fence on the street side. Plant material shall be a minimum of 3 gallons in 20
size and planted no more than 3 feet on center at time of installation. This 21
plant material must be maintained at no less than three-quarters of the 22
height of the adjacent fence. 23
24
b. Fences forward of the primary façade, excluding chain link, wire mesh and 25
wood are permitted under the following conditions: 26
27
i. Fences shall not exceed 4 feet in height. 28
29
ii. The fence provides either an open view at a minimum of 25 percent 30
of its length or provides variation in its height for a minimum of 15 31
percent of its length with a deviation of at least 12 inches. 32
33
iii. The fence style must complement building style through material, 34
color and design. 35
36
2. Use of chain link or wire mesh fencing (the requirements of this section are not 37
applicable to single family dwellings): 38
39
a. If located adjacent to an arterial or collector road in the urban coastal area, 40
the fence shall be placed no closer than three feet to the edge of the right-41
of-way or property line. 42
43
b. Except when located in the IUAOD, Tthe fence shall be screened by an 44
irrigated, living plant hedge at least thirty (30) inches in height at planting 45
and spaced a distance apart that will achieve opacity of 80 percent sight-46
obscuring screen within one year of planting. 47
48
c. Residential properties within the IUAOD shall allow coated chain link 49
fences (black or green) which shall not exceed four feet in height. 50
Page 5723 of 6525
Exhibit A – List of LDC Amendments
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Ord. 1982-29
Ord. 1982-32
Ord. 1991-12
Ord. 1991-72
Ord. 1995-58
Ord. 1997-26
Ord. 1998-63
Ord. 2000-08
Ord. 2000-92
Ord. 2001-34
Ord. 2002-03
Ord. 2002-31
Ord. 2004-72
Ord. 2008-63
Ord. 2010-23
Ord. 2015-44
Ord. 2016-27
Ord. 2019-35
Ord. 2022-04
Page 5724 of 6525
NOTICE OF PUBLIC HEARING
NOTICE OF INTENT TO CONSIDER AN ORDINANCE
Notice is hereby given that a public hearing will be held by the Collier County Board of County
Commissioners (BCC) at 9:00 A.M. on November 10, 2025, in the Board of County Commissioners
Meeting Room, third floor, Collier Government Center, 3299 Tamiami Trail East, Naples, FL to consider:
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 5725 of 6525
A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested
parties are invited to attend and be heard.
All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the
agenda item to be addressed. Individual speakers will be limited to three (3) minutes on any item. The selection of any
individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson
for a group or organization may be allotted ten (10) minutes to speak on an item. Written materials int ended to be
considered by the Board shall be submitted to the appropriate County staff a minimum of seven (7) days prior to the
public hearing. All materials used in presentations before the Board will become a permanent part of the record.
As part of an ongoing initiative to encourage public involvement, the public will have the opportunity to provide
public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate
remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events
on the County website at www.collier.gov/Calendar-Events-directory after the agenda is posted on the County
website. Registration should be done in advance of the public meeting, or any deadline specified within the public
meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how they can
participate remotely in this meeting. Remote participation is provided as a court esy and is at the user’s risk. The
County is not responsible for technical issues. For additional information about the meeting, please call Geoffrey
Willig at 252-8369 or email to Geoffrey.Willig@collier.gov.
Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto
and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is based.
If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are
entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities
Management Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at
least two (2) days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board
of County Commissioners Office.
Page 5726 of 6525
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BURT L. SAUNDERS, CHAIRMAN
CRYSTAL K. KINZEL,
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
Page 5727 of 6525
1
Business Impact Estimate
This form should be included in the agenda packet for the item under which the proposed
ordinance is to be considered and must be posted on the County’s website by the time notice of
the proposed ordinance is published.
Published on County website by: _October 21, 2025_[expected legal advertising date]
Proposed ordinance’s Short Title:
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 MANAGE MENT
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)
This Business Impact Estimate is provided in accordance with section 125.66(3), Florida
Statutes. If one or more boxes are checked below, this means t he County is of the view
Page 5728 of 6525
2
that a business impact estimate is not required by state law1 for the proposed ordinance,
but the County is, nevertheless, providing this Business Impact Estimate as a courtesy
and to avoid any procedural issues that could impact the enactment of the proposed
ordinance. This Business Impact Estimate may be revised following its initial posting.
☐ The proposed ordinance is required for compliance with Federal or State law or
regulation;
☐ The proposed ordinance relates to the issuance or refinancing of debt;
☐ The proposed ordinance relates to the adoption of budgets or budget
amendments, including revenue sources necessary to fund the budget;
☐ The proposed ordinance is required to implement a contract or an agreement,
including, but not limited to, any Federal, State, local, or private grant or other
financial assistance accepted by the county government;
☐ The proposed ordinance is an emergency ordinance;
☐ The ordinance relates to procurement; or
☐ The proposed ordinance is enacted to implement the following:
a. Development orders and development permits, as those terms are defined in
Section 163.3164, and development agreements, as authorized by the Florida
Local Government Development Agreement Act under Sections 163 -3220-
163.3243;
b. Comprehensive Plan amendments and land development regulation
amendments initiated by application by a private party other than Collier
County;
c. Sections 190.005 and 190.046, Florida Statutes, regarding community
development districts;
d. Section 553.73, Florida Statutes, relating to the Florida Building Code; or
e. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code.
In accordance with the provisions of controlling law, even notwithstanding the fact that
an exemption noted above may apply, the County hereby publishes the following
information:
1. Summary of the proposed ordinance (must include a statement of the public purpose,
such as serving the public health, safety, morals and welfare):
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, revise, rename, and add Subdistricts, and establish uses,
boundaries, and design standards. The purpose of the proposed Ordinance is to
preserve and enhance the present advantages that exist in Collier County; encourage the
most appropriate use of land, water, and resources, consistent with the public interest;
overcome present handicaps; and deal effectively with future problems that may result
from the use and development of land within the total unincorporated area of Collier
County. This Ordinance is intended to preserve, promote, protect, and improve the public
health, safety, comfort, good order, appearance, convenience, and general welfare of
Collier County; and protect human, environmental, social, and economic resources; and
maintain through orderly growth and development, the character and stability of present
and future land uses and development in Collier County.
1 See Section 125.66(3)(c), Florida Statutes.
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2. An estimate of the direct economic impact of the proposed ordinance on private, for -
profit businesses in the County, if any:
(a) An estimate of direct compliance costs that businesses may reasonably incur;
(b) Any new charge or fee imposed by the proposed ordinance or for which businesses
will be financially responsible; and
(c) An estimate of the County’s regulatory costs, including estimated revenues from any
new charges or fees to cover such costs.
There will be little to no direct economic impact from the proposed ordinance in that no
new fees or taxes will result from the adoption of this ordinance . The intent of the new
provisions is to provide greater choice for property owners, resulting in requirements that
are equal to or less than current LDC standards.
3. Good faith estimate of the number of businesses likely to be impacted by the proposed
ordinance:
There are approximately 5,550 parcels within the IUAOD. The Collier County Property
Appraiser assigns land use categories and codes to each parcel (e.g., residential,
commercial, industrial, agricultural, etc.). There are approximately 199 parcels within the
IUAOD that have a commercial land use code and approximately 61 parcels having an
industrial land use code. Additionally, approximately 58 parcels are assigned with a land
use code of agricultural, 20 of which contain at least one structure. There are
approximately 363 businesses using “Immokalee” or the “34142” zip code in the Collier
County Tax Collector database.
4. Additional information the governing body deems useful (if any):
[You may wish to include in this section the methodology or data used to prepare the Business
Impact Estimate. For example: County staff solicited comments from businesses in the County
as to the potential impact of the proposed ordinance by contacting the chamber of commerce,
social media posting, direct mail or direct email, posting on County website, public workshop, etc.
You may also wish to include efforts made to reduce the potential fiscal impact on businesses.
You may also wish to state here that the proposed ordinance is a generally applicable ordinance
that applies to all persons similarly situated (individuals as well as businesses) and, therefore, the
proposed ordinance does not affect only businesses.]
As part of the planning process, stakeholders from the Immokalee business community
were asked to provide input during public meetings as well as one -on-one meetings. The
changes made to the Immokalee Urban Area Overlay District reflect a desire expressed
by stakeholders for more flexibility in development standards such as architectural design
and landscaping. Overall, the proposed ordinance aims to make the regulatory process
simpler for businesses within the Overlay.
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