Agenda 04/28/2026 Item #16A12 (Waive the nighttime hearing requirement and hear a Land Development Code amendment)4/28/2026
Item # 16.A.12
ID# 2026-800
Executive Summary
Recommendation to waive the nighttime hearing requirement and hear a Land Development Code amendment related to
adding a comparable use provision to the Industrial (I) Zoning District, at two regularly scheduled daytime Board of
County Commissioners meetings, and approve a request to advertise the Land Development Code Amendment.
OBJECTIVE: To have the Board of County Commissioners (Board) waive the nighttime hearing requirement and
advertise a Land Development Code (LDC) amendment at two regularly scheduled hearings.
CONSIDERATIONS: On November 10, 2020, the Board adopted Ordinance 2020-44, an LDC amendment
(PL20190000389) that changed the Zoning Verification Letter (ZVL) — Comparable Use Determination (CUD) process.
Prior to its adoption, when an applicant wanted to know if an unlisted use was comparable to a listed use in a
conventional zoning district, the applicant would have to submit a Zoning Verification Letter-Comparable Use
Determination application to the County. Staff would review the application, decide on its compatibility, and draft a ZVL
accordingly, and the ZVL would then be scheduled for a public hearing with either the Hearing Examiner (HEX) or the
Board of Zoning Appeals (BZA) for their affirmation. However, with the adoption of Ordinance 2020-44, the CUD
process was removed from the ZVL process, and a separate process was created for the CUD, along with new evaluation
criteria. With this improved process in place, when a CUD application is received, staff now generates a Staff Report,
which includes a recommendation, and forwards both to the HEX, which serves as the final decision maker, or to the
Board of Zoning Appeals by resolution. The adoption of Ordinance 2020-44 also eliminated the applicability of the
Comparable Use provisions from the lists of conditional uses in many zoning districts, including the Industrial (I) Zoning
District, which had been in the LDC since 2008.
On October 12, 2021, the Board reviewed four motions filed by the owner of the proposed Isles of Capri Food Truck
Park. The Board directed staff to bring back an LDC amendment, emphasizing the need to have the conditional use
process apply to CUD applications, and for each CUD request to be examined for comparability, compatibility, and
consistency on a site-specific basis only—and not applied uniformly to all areas within the County that share the same
zoning district or to other zoning classifications having higher intensities. In response to the Board's direction, staff
drafted another LDC amendment (PL20220000207) with the goal of clearing any confusion or the misapplication of the
scope of a CUD, so that each request would be restricted to a site-specific location (e.g., lot, parcel, tract of land, etc.)
and correct any unintended consequences of expanding the CUD process beyond what the Board intended. On October
11, 2022, staff requested the Board's direction to advertise the draft Ordinance. The LDC amendment included the
requirement that all CUD applications need to obtain conditional use approval (except for applications involving
properties within certain PUDs). The Board directed staff to advertise the draft Ordinance; no changes to the (I) Zoning
District were proposed at that time. However, at the Board meeting on January 24, 2023, the Board wanted to reevaluate
the conditional use component of the amendment. During that meeting, the Board wanted to make it clear that their intent
was such that if a CUD is approved on one parcel, its approval on that one parcel does not entitle the use on a different
parcel, even within the same zoning district. The Board wanted to ensure that the CUD application is site-specific and
demonstrates compatibility with the neighborhood. The item was continued until the following month. The LDC
amendment was returned to the Board on February 28, 2023; however, this version did not contain the conditional use
component, and no changes were proposed to the lists of permitted or conditional uses in any zoning district. The LDC
amendment clarified that if the HEX did not review the CUD, the CCPC would review it and then offer its
recommendation to the BZA. The Board approved the LDC amendment (PL20220000207), resulting in the adoption of
Ordinance 2023-16.
Staff began working on an LDC amendment (PL20250000180) that affected the CUD process. This LDC amendment
required that a public notice sign must be posted on a property involving a CUD request prior to the advertised public
hearing. On October 28, 2025, the Board approved the LDC amendment, resulting in the adoption of Ordinance 2025-51.
The LDC amendment also amended the definitions section (LDC section 1.08.02), by defining "Comparable Use
Determination" as follows:
"A process, in accordance with LDC section 10.03.06 K, to determine whether a use for a site-specific location that is
not expressly listed within a conventional zoning district, overlay, or PUD ordinance is comparable in nature and
consistent with the list of identified permitted uses in a conventional zoning district, overlay, or PUD ordinance."
4/28/2026
Item # 16.A.12
ID# 2026-800
On December 9, 2025, the Board declared the addition of the comparable use language to the (I) Zoning District as an act
of "Zoning in Progress," which allows for staff to process comparable use requests while developing this LDC
amendment.
LDC amendments are reviewed by the Board of County Commissioners (Board), Collier County Planning Commission
(CCPC), Development Services Advisory Committee (DSAC), and the Land Development Review Subcommittee of the
DSAC (DSAC-LDR Subcommittee).
DSAC-LDR Subcommittee Recommendation: On January 20, 2026, the DSAC-LDR Subcommittee recommended
approval of the proposed LDC amendment and recommended to DSAC that the Comparable Use Determination process
be expanded to include the Rural Agricultural (A) zoning district.
DSAC Recommendation: On February 4, 2026, the DSAC recommended approval of the proposed LDC amendment
and asked staff to assess whether the Comparable Use Determination process should be expanded also to include the
Rural Agricultural (A) zoning district.
Collier County Planning Commission (CCPC) Recommendation: On April 2, 2026, the CCPC held a nighttime
hearing starting at 5:05 PM and recommended approval of the proposed LDC amendment.
It is staff's opinion that the public had an opportunity to address their concerns at the nighttime CCPC hearing and that a
nighttime hearing by the Board will not be necessary.
This item is consistent with the Collier County Strategic Plan object to encourage diverse economic opportunities by
fostering a business-friendly environment.
FISCAL IMPACT: There are no anticipated fiscal or operational impacts to the County’s stakeholders associated with
this LDC amendment. The costs associated with processing and advertising the proposed LDC amendment are estimated
at $50. Funds have been allocated within the Unincorporated Area General Fund (1011) and the Comprehensive Planning
Cost Center (138317).
GROWTH MANAGEMENT IMPACT: No growth management impact is associated with this action.
LEGAL CONSIDERATIONS: LDC section 10.03.06.K provides two Board meetings are required for LDC
amendments initiated by the County that propose changes to the actual list of permitted, conditional, or prohibited uses of
land within a zoning category, and at least one hearing shall be held after 5:00 p.m. on a weekday, unless the Board by
supermajority vote the Board elects to waive the nighttime hearing and hold the hearing at another time of day. This
item is approved as to form and legality, and it requires a supermajority vote for approval. - CLD
RECOMMENDATION(S): To waive the nighttime hearing requirement and hear a Land Development Code
amendment related to adding a comparable use provision to the Industrial (I) Zoning District, at two regularly scheduled
daytime Board of County Commissioners meetings, and approve a request to advertise the proposed Land Development
Code Amendment.
PREPARED BY: Eric L. Johnson, AICP, CFM, Planning Manager I, Zoning Division
ATTACHMENTS:
1. Draft Ordinance (03-13-2026)
2. LDCA (04-03-2026)
4/28/2026
Item # 16.A.12
ID# 2026-800
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ORDINANCE NO. 26– ___
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, WHICH INCLUDES THE COMPREHENSIVE LAND
REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER
COUNTY, FLORIDA, TO ADD A COMPARABLE USE PROVISION TO
THE INDUSTRIAL (I) ZONING DISTRICT 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 2.03.04 INDUSTRIAL ZONING DISTRICTS;
SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE,
INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE;
AND SECTION SIX, EFFECTIVE DATE. (PL20250014625)
Recitals
WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners
adopted Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LDC),
which was subsequently amended; and
WHEREAS, the Collier County Board of County Commissioners (Board) on June 22,
2004, adopted Ordinance No. 04-41, which repealed and superseded Ordinance No. 91-102, as
amended, the Collier County Land Development Code, which had an effective date of October
18, 2004; and
WHEREAS, on March 18, 1997, the Board adopted Resolution 97-177 establishing local
requirements and procedures for amending the LDC; and
WHEREAS, all requirements of Resolution 97-177 have been met; and
WHEREAS, the Collier County Planning Commission, sitting as the land planning agency,
did hold an advertised public hearing on January 15, 2026, 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 ________ __, 2026, and did take action concerning these
amendments to the LDC; and
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WHEREAS, the subject amendments to the LDC are hereby determined by this Board to
be consistent with and to implement the Collier County Growth Management Plan as required by
Subsections 163.3194 (1) and 163.3202 (1), Florida Statutes; and
WHEREAS, this ordinance is adopted in compliance with and pursuant to the Community
Planning Act (F.S. § 163.3161 et seq.), and F.S. § 125.01(1)(t) and (1)(w); and
WHEREAS, this ordinance is adopted pursuant to the constitutional and home rule powers
of Fla. Const. Art. VIII, § 1(g); and
WHEREAS, all applicable substantive and procedural requirements of the law have
otherwise been met.
NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier
County, Florida, that:
SECTION ONE: RECITALS
The foregoing Recitals are true and correct and incorporated by reference herein as if fully
set forth.
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
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consistent with the adopted comprehensive plan, or element or portion thereof, shall be amended
so as to be consistent.
5. Section 163.3202(3), F.S., states that the Act shall be construed to encourage the
use of innovative land development regulations.
6. On January 10, 1989, Collier County adopted the Collier County Growth
Management Plan (hereinafter the “Growth Management Plan” or “GMP”) as its comprehensive
plan pursuant to the requirements of §163.3161 et seq., F.S.
7. Section 163.3194(1)(a), F.S., mandates that after a comprehensive plan, or
element or portion thereof, has been adopted in conformity with the Act, all development
undertaken by, and all actions taken in regard to development orders by, governmental agencies
in regard to land covered by such comprehensive plan or element shall be consistent with such
comprehensive plan or element as adopted.
8. Pursuant to §163.3194(3)(a), F.S., a development order or land development
regulation shall be consistent with the comprehensive plan if the land uses, densities or
intensities, and other aspects of development are compatible with, and further the objectives,
policies, land uses, densities, or intensities in the comprehensive plan and if it meets all other
criteria enumerated by the local government.
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
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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. AMENDMENT TO SECTION 2.03.04 INDUSTRIAL ZONING DISTRICTS
Section 2.03.04 Industrial Zoning Districts, of Ordinance 04-41, as amended, the Collier County
Land Development Code, is hereby amended to read as follows:
Section 2.03.04 - Industrial Zoning Districts
A. Industrial District (I). The purpose and intent of the industrial district (I) is to provide lands
for manufacturing, processing, storage and warehousing, wholesaling, and distribution.
Service and commercial activities that are related to manufacturing, processing, storage
and warehousing, wholesaling, and distribution activities, as well as commercial uses
relating to automotive repair and heavy equipment sales and repair are also permissible
in the I district. The I district corresponds to and implements the industrial land use
designation on the future land use map of the Collier County GMP.
1. The following uses, as identified within the Standard Industrial Classification
Manual (1987), or as otherwise provided for within this section, are permitted as a
right, or as accessory or conditional uses within the industrial district (I).
a. Permitted uses.
1. Agricultural services (0711, except that chemical treatment of soil
for crops, fertilizer application for crops and lime spreading for crops
shall be a minimum of 500 feet from a residential zoning district,
0721, except that aerial dusting and spraying, disease control for
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crops, spraying crops, dusting crops, and insect control for crops,
with or without fertilizing, shall be a minimum of 500 feet from a
residential zoning district. 0722-0724, 0761, 0782, 0783).
* * * * * * * * * * * * *
58. Existing retail uses that were in operation on January 1, 2009, in
the Industrial zoning district and which have been continuously and
conspicuously operating in the Industrial zoning district as of June
8, 2010, without limitation as to square footage of the retail use.
These existing retail businesses shall be treated as legal non-
conforming uses in accordance with the LDC, provided however
that in the event of destruction or damage due to natural disaster,
the structures housing such uses may be rebuilt to their pre-disaster
condition.
59. Any other industrial use which is comparable in nature with the list
of permitted uses and consistent with the purpose and intent
statement of the district, as determined by the Hearing Examiner or
CCPC, pursuant to LDC section 10.02.06 K.
* * * * * * * * * * * * *
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),
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.
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PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this ___ day of ______________, 2026.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK OF COLLIER COUNTY, FLORIDA
By:__________________________ By:________________________________
, Deputy Clerk Dan Kowal, Chairman
Approved as to form and legality:
__________________________
Courtney L. DaSilva
Assistant County Attorney
CLD3/13/26
1
LAND DEVELOPMENT CODE AMENDMENT
PETITION
PL20250014625
ORIGIN
Board of County
Commissioners (Board)
SUMMARY OF AMENDMENT
This Land Development Code (LDC) amendment updates the
applicability of the Comparable Use Determination provisions to include
the Industrial (I) zoning district. LDC amendments are reviewed by the
Board of County Commissioners (Board), Collier County Planning
Commission (CCPC), Development Services Advisory Committee
(DSAC), and the Land Development Review Subcommittee of the DSAC
(DSAC-LDR Subcommittee).
HEARING DATES LDC SECTION TO BE AMENDED
Board 04/28/2026
CCPC 04/02/2026
DSAC 02/04/2026
DSAC-LDR 01/20/2026
02.03.04 Industrial Zoning Districts
ADVISORY BOARD RECOMMENDATIONS
DSAC-LDR
Approval with recommendations
DSAC
Approval with recommendations
CCPC
Approval
BACKGROUND
On November 10, 2020, the Board adopted Ordinance 2020-44, which was an LDC amendment
(PL20190000389) that changed the Zoning Verification Letter-Comparable Use Determination process. Prior to
its adoption, when an applicant wanted to know if an unlisted use was comparable to a listed use in a
conventional zoning district, the applicant would have to submit a Zoning Verification Letter-Comparable Use
Determination application to the County. Staff would review the application, decide on its compatibility, and
draft a ZVL accordingly, and the ZVL would then be scheduled for a public hearing with either the Hearing
Examiner (HEX) or the Board of Zoning Appeals (BZA) for their affirmation. However, with the adoption of
Ordinance 2020-44, the CUD process was removed from the ZVL process, and a separate process was created
for the CUD, along with new evaluation criteria. With this improved process in place, when a CUD application
is received, staff now generate a Staff Report, include a recommendation, and forward both to the HEX, which
serves as the final decision-maker, or to the Board of Zoning Appeals by resolution. The adoption of Ordinance
2020-44 also eliminated the applicability of the Comparable Use provisions from the lists of conditional uses in
many zoning districts, including the Industrial (I) Zoning District, which had been in the LDC since 2008.
On October 12, 2021, the Board reviewed four motions filed by the owner of the proposed Isles of Capri Food
Truck Park. During this item, the Board directed staff to bring back an LDC amendment emphasizing the need
to have the conditional use process apply to CUD applications, and for each CUD request be examined for
comparability, compatibility, and consistency on a site-specific basis only—and not applied uniformly to all
areas within the County that share the same zoning district or to other zoning classifications having higher
intensities. In response to the Board’s direction, staff drafted another LDC amendment (PL20220000207) with
the goal of clearing any confusion or the misapplication of the scope of a CUD, so that each request would be
restricted to a site-specific location (e.g., lot, parcel, tract of land, etc.) and correct any unintended consequences
of expanding the CUD process beyond what the Board intended. On October 11, 2022, staff requested the
Board's direction to advertise the draft Ordinance. The LDC amendment included the requirement that all CUD
applications need to obtain conditional use approval (except for applications involving properties within certain
PUDs).
The Board directed staff to advertise the draft ordinance; no changes to the I Zoning District were proposed at
that time. However, at the Board meeting on January 24, 2023, the Board wanted to reevaluate the conditional
2
use component of the amendment. During that meeting, the Board wanted to make it clear that their intent was
such that if a CUD is approved on one parcel, that its approval on that one parcel does not entitle the use on a
different parcel, even within the same zoning district. The Board wanted to ensure that the CUD application is
site-specific and demonstrates compatibility with the neighborhood. The item was continued until the following
month. The LDC amendment returned to the Board on February 28, 2023; however, this version did not contain
the conditional use component, and no changes were proposed to the lists of permitted or conditional uses in
any zoning district. The LDC amendment clarified that if the CUD was not reviewed by the HEX, it would be
reviewed by the CCPC, which would offer its recommendation to the BZA. The Board approved the LDC
amendment (PL20220000207), resulting in the adoption of Ordinance 2023-16.
Staff began working on another LDC amendment (PL20250000180) that affected the CUD process. This LDC
amendment required that a public notice sign must be posted on a property involving a CUD request prior to the
advertised public hearing. On October 28, 2025, the Board approved the LDC amendment, resulting in the
adoption of Ordinance 2025-51. The LDC amendment also amended the definitions section (LDC section
1.08.02), by defining “Comparable Use Determination” as follows:
“A process, in accordance with LDC section 10.03.06 K, to determine whether a use for a site-specific
location that is not expressly listed within a conventional zoning district, overlay, or PUD ordinance is
comparable in nature and consistent with the list of identified permitted uses in a conventional zoning
district, overlay, or PUD ordinance.”
On December 9, 2025, the Board declared the addition of the comparable use language to the I Zoning District
as an act of “Zoning in Progress,” which allows for staff to process comparable use requests while developing
this LDC amendment.
DSAC-LDR Subcommittee Recommendation: On January 20, 2026, the DSAC-LDR Subcommittee
recommended approval of the proposed LDC amendment and recommended to DSAC that the Comparable Use
Determination process be expanded to include the Rural Agricultural (A) zoning district.
DSAC Recommendation: On February 4, 2026, the DSAC recommended approval of the proposed LDC
amendment and asked staff to assess whether the Comparable Use Determination process should be expanded
to also include the Rural Agricultural (A) zoning district.
Collier County Planning Commission (CCPC) Recommendation: On April 2, 2026, the CCPC held a
nighttime hearing starting at 5:05 PM and recommended approval of the proposed LDC amendment.
_________________________________________________________________________________________
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 GMP.
EXHIBITS: None
3
Amend the LDC as follows:
1
2 2.03.04 – Industrial Zoning Districts
3
4 A. Industrial District (I). The purpose and intent of the industrial district (I) is to provide lands
5 for manufacturing, processing, storage and warehousing, wholesaling, and distribution.
6 Service and commercial activities that are related to manufacturing, processing, storage
7 and warehousing, wholesaling, and distribution activities, as well as commercial uses
8 relating to automotive repair and heavy equipment sales and repair are also permissible
9 in the I district. The I district corresponds to and implements the industrial land use
10 designation on the future land use map of the Collier County GMP.
11
12 1. The following uses, as identified within the Standard Industrial Classification
13 Manual (1987), or as otherwise provided for within this section, are permitted as
14 a right, or as accessory or conditional uses within the industrial district (I).
15
16 a. Permitted uses.
17
18 1. Agricultural services (0711, except that chemical treatment of soil
19 for crops, fertilizer application for crops and lime spreading for
20 crops shall be a minimum of 500 feet from a residential zoning
21 district, 0721, except that aerial dusting and spraying, disease
22 control for crops, spraying crops, dusting crops, and insect control
23 for crops, with or without fertilizing, shall be a minimum of 500 feet
24 from a residential zoning district. 0722-0724, 0761, 0782, 0783).
25
26 * * * * * * * * * * * * *
27
28 58. Existing retail uses that were in operation on January 1, 2009, in
29 the Industrial zoning district and which have been continuously
30 and conspicuously operating in the Industrial zoning district as of
31 June 8, 2010, without limitation as to square footage of the retail
32 use. These existing retail businesses shall be treated as legal
33 non-conforming uses in accordance with the LDC, provided
34 however that in the event of destruction or damage due to natural
35 disaster, the structures housing such uses may be rebuilt to their
36 pre-disaster condition.
37
38 59. Any other industrial use which is comparable in nature with the list
39 of permitted uses and consistent with the purpose and intent
40 statement of the district, as determined by the Hearing Examiner
41 or CCPC, pursuant to LDC section 10.02.06 K.
42
43 # # # # # # # # # # # # #