Agenda 06/16/1999 S COLLIER COUNTY
""" BOARD OF COUNTY COMMISSIONERS
AGENDA
June 16, 1999
5:05 p.m.
NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER
PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY ADMINISTRATOR
PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED.
COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL,
BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO,
ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO
THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA
MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY
ADMINISTRATOR AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE
HEARD UNDER "PUBLIC PETITIONS".
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS 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 TO BE BASED.
ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS
PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRWOMAN.
ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE
COUNTY COMMISSIONERS' OFFICE.
1. PLEDGE OF ALLEGIANCE
2. AN ORDINANCE AMENDING ORDINANCE NO. 91-102, AS AMENDED, THE COLLIER
COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE
ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA, 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:
ARTICLE 2, ZONING DIVISION 2.2 ZONING DISTRICTS, PERMITTED USES,
CONDITIONAL USES, DIMENSIONAL STANDARDS, DIVISION 2.3 OFF-STREET
PARKING AND LOADING; DIVISION 2.4 LANDSCAPING AND BUFFERING; DIVISION
""' 2.5. SIGN DIVISION 2.6. SUPPLEMENTAL DISTRICT REGULATIONS; DIVISION 2.7.
ZONING ADMINISTRATION AND PROCEDURES; DIVISION 2.8. ARCHITECTURAL AND
SITE DESIGN STANDARDS AND GUIDELINES FOR COMMERCIAL BUILDINGS AND
PROJECTS; ARTICLE 3, DIVISION 3.2, SUBDIVISIONS; DIVISION 3.3 SITE
1
June 16, 1999
DEVELOPMENT PLANS; DIVISION 3.4 EXPLOSIVES; DIVISION 3.5. EXCAVATIONS;
DIVISION 3.9. VEGETATION REMOVAL PROTECTION AND PRESERVATION;
ARTICLE 6, DIVISION 6.3. DEFINITIONS, INCLUDING, BUT NOT LIMITED TO THE
DEFINITIONS OF NON-CONFORMING LOTS; SECTION FOUR, CONFLICT AND
SEVERABILITY; SECTION FIVE, INCLUSION OF THE LAND DEVELOPMENT CODE;
AND SECTION SIX, EFFECTIVE DATE.
3. ADJOURN
2
June 16, 1999
EXECUTIVE SUMMARY
AN ORDINANCE AMENDING ORDINANCE NO. 91-102, AS AMENDED, THE COLLIER
COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE
ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA, 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:
ARTICLE 2, ZONING DIVISION 2.2. ZONING DISTRICTS, PERMITTED USES,
CONDITIONAL USES, DIMENSIONAL STANDARDS, DIVISION 2.3 OFF-STREET
PARKING AND LOADING; DIVISION 2.4 LANDSCAPING AND BUFFERING; DIVISION
2.5. SIGN DIVISION 2.6. SUPPLEMENTAL DISTRICT REGULATIONS; DIVISION 2.7.
ZONING ADMINISTRATION AND PROCEDURES; DIVISION 2.8. ARCHITECTURAL
AND SITE DESIGN STANDARDS AND GUIDELINES FOR COMMERCIAL BUILDINGS
AND PROJECTS; ARTICLE 3, DIVISION 3.2, SUBDIVISIONS; DIVISION 3.3 SITE
DEVELOPMENT PLANS; DIVISION 3.4 EXPLOSIVES; DIVISION 3.5. EXCAVATIONS;
DIVISION 3.9. VEGETATION REMOVAL PROTECTION AND PRESERVATION;
ARTICLE 6, DIVISION 6.3. DEFINITIONS, INCLUDING, BUT NOT LIMITED TO THE
DEFINITIONS OF NON-CONFORMING LOTS; SECTION FOUR, CONFLICT AND
SEVERABILITY; SECTION FIVE, INCLUSION IN THE LAND DEVELOPMENT CODE;
AND SECTION SIX, EFFECTIVE DATE.
OBJECTIVE:
To amend provisions of the Collier County Land Development Code.
CONSIDERATIONS:
This is the second of two public hearings required by Statute for amending the Collier County Land
Development Code. Each of the amendments was presented to, and reviewed by, the Development
Services Advisory Committee, Collier County Planning Commission, the Environmental Policy and
Technical Advisory Board, and the Environmental Advisory council where applicable. Where an
advisory body recommended revisions to the staff recommended LDC change, these recommendations
are included in the summary description of the LDC amendment.
The Planning Commission held public hearings April 21, 1999 and May 12, 1999.
A summary of the review of these amendments by the Development Services Advisory Committee,
Environmental Advisory Council and the Collier County Planning Commission is provided with this
Executive Summary.
During the first public hearing the Board discussed at some length, two proposed Land Development
Code amendments. The first had to do with an amendment limiting the height of buildings in the VR
district as it applies to the Village of Goodland to two stories over one level of parki~ g. T.~i~ii~i
height regulation is thirty-five (35) feet. The other amendment had to do with allc ning~'~'ral~ ¢~
JUN 16 ~999
Pg. ~
designers to prepare and seal landscape plans whereas currently the ability to do this is limited to
Registered Landscape Architects.
FISCAL IMPACT:
None.
GROWTH MANAGEMENT IMPACT:
All proposed amendments to the Land Development Code are consistent with Policies, Objectives and
Elements of the GMP.
STAFF RECOMMENDATION:
That the Board of County Commissioners approve amendments to the Land Development Code except
as otherwise modified at this final public hearing all of which are described in the draft Ordinance of
Ad ' included with this executive summary.
· _ , Qlci
~' \ ( ~ ~ . NIN'6: AICPDATE
CURRENT PLANNING MANAGER
REVIEWED BY:
R6BERT ]. MULHERE, AICP DATE
PLANNING SERVICES DEPARTMENT DIRECTOR
APP I~BBY: ~
VIN , AICP, ADMINISTRATOR DATE
COMMUNITY DEV. AND ENVIRONMENTAL SVCS.
LDC EX SUMMARY/MD/6/1/99
J U N 16 1999
LDC AMENDMENT SUMI%IARY
1999 CYCLE "I"
LDC DSAC EAC CCPC
SECTION PROPOSED AMENDMENT RIg( ;OMMENDATION RECOMMENDATION RE( 2OMMENDATION
Sec. 2.2.2.1 To add certain intensive farming No objection No objection
practices to the requirement of a
minimum area of twenty acres
{i.e. poultry and egg production,
milk production and livestock
raising and to require a
conditional use for breeding and
raising of exotic animals
Sec. 2.2.9 To emphasize in the intent No objection N/A
statement the desirability of
retaining a village like
characteristic and to further
require that no buildings contain
more than 3 habitable stories but
--- not to exceed 35 feet in height
Sec. 2.2.12 Changes to the C-1/T Commercial No objection N/A
Professional Transitional District
include: deletion of the maximum
lot width, maximum floor area,
and traffic generation limitations;
deletion of reference to the Future
Land Use Element (FLUE) of the
Growth Management Plan
regarding determination of
allowable residential density;
deletion of requirement that
residential units only be occupied
by owners or lessees of
commercial units; and, limited
addition of personal service type
uses
Sec. Amend all commercial setback No objection N/A
2-2.12.4.3. requirements to the same setback
2.2.13.4.3., requirements
2.2.14.4.3.
2.2.15.4.3. and
2.2.15~.4.3.
Se~. 2.2.15.3 To allow as a conditional use a No objection N/A ,
bus depot in the C-4 district AGENDA ITEM
Sty. 2.2.15'/z To correct the implications that No objection N/A
JUN 16 198L
1 Pg. ,~
the building height may be fifty
(50) feet when in fact it is 35 feet
Sec. 2.2.16 To add Miscellaneous repair No objection N/A
services with no associated sales
to the I district
Sec. 2.2.20.3.7 To amend those sections to more No objection N/A
and 2.7.2.8.1 comprehensively define the way
developer exaction's for a public
purpose are handled and the
method to be use to determine
impact fee credits
Sec. 2.2.27 Amendment to delete the Marco No objection N/A
Island Overlay District
Sec. 2.3.16.1 Amendment to bicycle parking No objection N/A
provision limiting maximum
number in lieu of automobiles
Sec. 2.3.4.11 To amend provisions of the No objection N/A
automobile parking section to
allow BCC approval of a parking
lot where said property is
immediately contiguous to an
existing or proposed structure
requiring off-street parking.
Sec. 2.3.24 Amendment to parking section to No objection N/A
delete Marco Island parking
provisions
Sec. 2.4.3.1 Amendment to acknowledge a Object to this Object to this
Florida Certified Landscape amendment amendment
Designer as a professional
discipline authorized to prepare
and sign and seal landscape plans
No objection N/A
Sec. 2.5 Amendment to sign provisions to
eliminate accent lighting and to
move sign regulations from Sec.
2.8 Architectural section and Sec.
2.6.28 Automobile Service
Stations to the sign section and to
eliminate duplication
Sec. 2.6.4 To allow open sided carports No objection N/A
within required yards
AGEI',i0A IIP, M
Sec. 2.6.10 To clarify that separation No objection N/A No.~
requirement for restaurants with
2 JUN 16 1999
,,,. ,,,/
on premise consumption of
alcoholic spirits does not apply to
said restaurants
Sec. 2.6.11 To amend fence provisions to add No objection N/A
clarity
Sec. 2.6.21 To correct prior amendment No objection No objection
failing to delete boat houses as a
conditional use and to add
language indicating covered
structures same as boat house
Sec. 2.6.28 To eliminate sign requirements No objection N/A
from this section in recognition of
the fact they are moved to the sign
section
Sec. 2.6.33 Add administrative office trailers No objection No objection
in conjunction with agricultural
use as a temporary use
Sec. 2.6.33.3 Revise Section 2.6.33.4. (Model No objection N/A
and 2.6.33.4 homes and model sales centers) to
1) clarify existing language; 2)
extend initial permit life from 2 to
, 3 years, eliminate CCPC hearing
for intermediate extension, and
require conditional use for
extension beyond 3 years for
model homes and model sales
centers located in dwelling units,
and; 3) specify site plan
requirement for different types of
models and sales centers
Sec. 2.6.35 To amend Tower communication No objection N/A
provisions to require separation
between residential zoning
districts of 2'/: times tower height
instead of 1000 feet
Sec. 2.7 Amend conditional use section to No objection N/A
allow conditional uses for three
years instead of one year
Sec. 2.8 Amend architectural section to No objection N/A
delete sign regulations inasmuch
as these regulations have been
shifted to the sign section and to
redefine the condition under
Sec. 3.2.6.2.2 Amend these regulations to No objection No objection AGF34DA ITEM
and 3.2.6.2.3 provide that the approval of I~ rT~
Preliminary Subdivision Plats
JUN 16 lSS9
3
Pg. ~ ,,
may be approved by staff instead
of the CCPC
Sec. 3.2.6.5.3 Amendment to require video No objection No objection
and 33.6.7 inspections of storm sewers after
installation
Sec. 3.2.8.3.5 Amendment to delete requirement No objection No objection
that landscape buffer be platted
as a separate tract
Sec. 3.3.5 Amendment to SDP division No objection N/A
regarding sidewalk/bike path
construction requirements
Sec. 3.4.13.5.1 Establishment of an 80% rule to No objection No objection
control blasting in urban
construction environments.
Provide requirement to provide
the measurement and recording
of airblast with establishment of
maximum levels. Provide
additional requirements to help
reduce blasting impacts within the
urban boundaries
Seco 3.9 Vegetation removal for mitigation No objection No objection
banking and restriction
Definition
Non- i) to clarify that conditions of No objection No objection
conforming non-conforming lots include
lot of record frontage or areas and not both
necessarily to be non-conforming
lot
ii) to define commercial
equipment
LDC AMENDMENT SUMMARY/md/4/I 2/99
No,
JUN 16 1999
4
DATE: March 15, 1999
ORIGIN: Current Planning Section
AUTHOR: Ronald F. Nino, AICP, Current Planning Manager
Susan Murray, AICP, Chief Planner
DEPARTMENT: Planning Services
LDC PAGE: LDC2:174
CHANGE: Amend Section 2.2.2.1, Subsection 2. and Section 2.2.2.3., Subsection 24. to
correct scrivener's errors, and to add Subsection 25., of the LDC, to regulate the breeding and
raising of "non-livestock" type of animals not typically associated with farming and agricultural
land uses.
REASON: There are negative impacts associated with certain non-fanning types of uses
in the Agricultural zoning district which could be mitigated with the establishment of a minimum
parcel size (greater than the required 5 acres) and the requirement for conditional use approval prior
to their establishment.
FISCAL & OPERATIONAL IMPACTS: None.
RELATED CODES OR REGULATIONS: None.
Amend the Land Development Code as follows:
2.2.2.1. Permitted uses.
2. Agricultural activities, including, but not limited to: crop raising; dairying;
horticulture; fruit and nut production; forestry; groves; nurseries; ranching:,
beekeeping; poultry and egg production; milk production; livestock raising,
and animal breeding, raising, training, stabling or kenneling, and aquaculture
for native species subject to the State of Florida game and freshwater fish
commission permits. The following permitted uses shall only be allowed on
parcels 20 acres in size or greater: dairying,; ranching,; poultry_ and egg
production: milk production: livestock raising: and animal breeding, raising,
training, stabling or kenneling. This is not to preclude an individual property
owner from the keeping of fowl or poultry, not to exceed 25 in total number,
..._ and the keeping of horses and livestock (except for hogs) not to exceed two
such animals for each acre, and with not open feedlots, for ~ersollSblt~l~l
not in association with a commercial agricultural activity on ~arclLs less than
20 acres in size. c~
JUN 15 1999
1 Pg. ,~
2.2.2.3. Conditional uses. The following uses are permitted as conditional uses in
the rural agricultural district (A) subject to the standards and procedures
established in division 2.7.4.
24. Dairying,; ranching;; livestock raising;; poultry and egg productioni; milk
productionl; ~; .... *,-~- ~-';~;-'- animal breeding, raising, training, stabling or
kenneling on parcels less than 20 acres in size. This is not to preclude an
individual property owner from the keeping of fowl or poultry, not to exceed
25 in total number, and the keeping of horses and livestock (except for hogs)
not to exceed two such animals for each acre, and with no open feedlots, for
personal use and not in association with a commercial agricultural activity on
parcels less than 20 acres in size.
25. The Commercial production. raising or breeding of exotic animals, other than
animals typically used for agricultural purposes or production. subject to the
following standards:
a_. Minimum 20 acre parcel size.
b. Any roofed structure used for the Shelter and/or feeding of such
animal~ shall be located a minimum of 100 feet from any lot line.
2.2.2.1 LDC AMENDMENT/SM/md
AGENDA ITEM
2
ORIGIN: Community Development & Environmental Services
AUTHOR: Ronald F. Nino
DEPARTMENT: Planning Services
LDC PAGE: 2.31 and 2.32
LDC SECTION: 2.2.9.1 and 2.2.9.4
CHANGE: To emphasize in the intent statement the desirability of retaining a village like
characteristic and to further require that no buildings contain more than 3 habitable stories but
not to exceed 35 feet in height.
REASON: In particular residents in the historical villages of Goodland and Copeland have
expressed concerns that large urban type development will destroy their village character. In
recognition of the fact these amendments are intended to further reinforce development standards
that will help maintain the village like character.
FISCAL & OPERATIONAL IMPACTS: None.
"" RELATED CODES OR REGULATIONS: None.
Sec. 2.2.9. Village residential district (VR).
2.2.9.1. Purpose and intent. The purpose and intent of the village residential district (VR)
is to provide lands where a mixture of residential uses may exist. Additionally,
uses are located and designed to maintain ht~ a village residential character cf tee
VR diatrict which is generally low profile. relatively small building footprints as
is the current appearance of Goodland and Copeland. The VR district corresponds
to and implements the mixed residential land use designation on the Immokalee
future land use map of the Collier County growth management plan. It is intended
for application in those urban areas outside of the coastal urban area designated on
the future land use map of the Collier County growth management plan. The
maximum density permissible in the village residential district and the urban
mixed use land use designation shall be guided, in part, by the density rating
system contained in the future land use element of the Collier County growth
management plan. The maximum density permissible or permitted in a district
shall not exceed the density permissible under the density rating system or as
designated on the Immokalee future land use map of the growth management
plan.
2.2.9.4. Dimensional standards. The following dimensional standards shall ~ ;~plyl~ all
permitted, accessory, and conditional uses in the village residential dist ict (VR).
JUN 16 1999
Single- Duplex Multiple- Accessor Conditio
Family Family y Uses nal Uses
Dwelling Dwelling
and
Mobile
Home
1. Minimum lot area 6,000 10,000 1 acre N/A 1 acre
square square
feet feet
2. Minimum lot width 60 feet 100 feet 150 feet N/A 100 feet
3. Minimum yard
requirement:
Front yard 20 feet 35 feet 35 feet Section 35 feet
2.6.2
Side yard 5 feet* 15 feet 15 feet Section 15 feet
2.6.2
Rear yard 20 feet 30 feet 30 feet Section 30 feet
2.6.2
*Waterfront: 10 feet.
4. Maximum height* 30 feet 30 feet 35 feet 15 feet 50 feet
5. Maximum density** 7.26 8.71 14.52 N/A N/A
units/ units/ units/
gross gross gross
6. Distance between N/A N/A 1/2 sum N/A
structures of
the
building
height
7. Minimum floor area. (Reserved.) AGENDA I'T,M
JUN 16 1999
2
8. Maximum lot coverage. (Reserved.)
9. Off-street parking and loading. As required in division 2.3.
10. Landscaping. As required in division 2.4.
* No building may contain more than three levels of habitable space. except for zoning districts
located in Goodland. Official Zoning Atlas Map Number MB7G where the number of habitable
floors may not exceed two above one level of parking.
** Actual maximum density shall be determined through the application of the density rating
system, or applicable policies contained in the future land use element, or the Immokalee future
land use map established in the Collier County growth management plan, not to exceed the
above specified density for each use.
2.2.9.1_ & 2.2.9.4. LDC AMENDMENT/RFN/md
AC, Eh~)A ffEM
No~ f~
JUN 16 1999
3
ORIGIN: Comprehensive Planning Section
AUTHOR: David Weeks (and former Planning staff members)
DEPARTMENT: Planning Services
LDC PAGE: 2:41 - 2:45
LDC SECTION: 2.2.12
CHANGE: Changes to the Col/T Commercial Professional Transitional District include:
deletion of the maximum lot width, maximum floor area. and traffic generation limitations;
deletion of reference to the Future Land Use Element (FLUE) of the Growth Management Plan
regarding determination of allowable residential density; deletion of requirement that residential
units only be occupied by owners or lessees of commercial units; and, limited addition of
personal service type uses.
REASON: Revisions to the C-1/T District are necessaD' in order to reflect recent amendments
to the FLUE - specifically, deletion of the Commercial Under Criteria provision and addition of
the Office and Infill Commercial Subdistrict. The FLUE Density Rating System isn't applicable
in determining allowable residential density for mixed commercial/residential projects as allowed
in the C-1/T district. Staff believes that allowing unrestricted tenancy of residential units might
provide some incentive for the development of mixed residential/commercial projects. Staff
believes it appropriate to allow a very limited addition of personal service type uses.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: Future Land Use Element.
Sec. 2.2.12. Commercial professional district (C-l) and commercial professional transitional
district (C- 1/T).
2.2.12.1. Purpose and intent. The C-1 commercial professional district is intended to
permit those uses which minimize pedestrian and vehicular traffic. The
provisions of the Col district are intended to apply to areas located adjacent to
highways and arterial roads. Landscaping, controlled ingress and egress, and
other restrictions are intended to minimize frequent ingress and egress to the
highway from abutting uses. The C-1 district is designed to be compatible with
all residential uses, as well as residential uses located along arterials. The C-1/T
commercial professional/transitional district is intended to apply to those areas
that are transitional; and located between areas of higher and lower intensity
development *~' ....... ~ ........... .-:~.~ r .....;,~_.:~t ,4 ....t .....· H,c
;~,~.,a~,~ ..... ~*~--"*;"~ *~ '~*~;~ office. low intensil ~ seIy. ice c,2
in this district are ..................................., .~.
uses. and limited residential uses that meet the intent of the C-1/T co amercial
JUN 16 1999
pg../,2~
professional/transitional district. Those areas identified as transitional (C-I/T)
shall be further noted on the official zoning atlas. The commercial professional
district and the commercial professional/transitional district are consistent with
the locational criteria for commercial and the goals, objectives and policies as
identified in the future land use element' of the Collier County growth
management plan. The maximum density permissible in the commercial
professional district and the commercial professional/transitional district in the
,..~... ~:v~ .... ,..A .... ~';-"~*;~" shall be as provided for herein.
S"StC7,,, CO
~ The C-lIT zoning district, where utilized to meet the intent of the
....... :M ,,.A .... ;,~.; ...... ;°;~'"~ Office and Infill Commercial Subdistrict of
the future land use element of the comprehensive growth management plan,
only be applied one time to serve as transitional use and will not be permitted to
expand adjacent to other C I/T commercial zoning obtained via consistency with
the Office and Infill Commercial Subdistrict. T~,~
2.2.12.2. Permitted uses. The following uses, as identified with a number from the
Standard Industrial Classification Manual (1987), or as otherwise provided for
.--. within this section, are permitted as of right, or as uses accessory to permitted
uses in the C-1 commercial professional district and the C-1/T commercial
professional/transitional district.
2.2.12.2.1. Permitted uses.
1. Accounting, auditing and bookkeeping services (8721 ).
2. Automobile parking (7521 ).
3. Barber shops (7241 ).
4. Beauty shops (7231 ).
~.5_. Business services (groups 7311, 7313, 7322-7331, 7338, 7361, 7371,
7372, 7374-7376, 7379).
4:6--. Child day care services (8351).
~.7-. Group care facilities (category I and II, except for homeless shelters);
care units, except for homeless shelters; nursing homes; assisted living
_--. facilities pursuant to § 400.402 F.S. and ch. 58A-5 F.A.C.; and
continuing care retirement communities pursuant to § 5
4-193 F.A.C.; all subject to section 2.6.26.
2 JUN 16 1999
Pg. //--~
6:.8= Offices for engineering, architectural, and surveying services (groups
0781, 8711-8713).
-7=.9= Health services (8011-8049).
8.10. Individual and family social services (8322 activity centers, elderly or
handicapped; adult day care centers; and day care centers, adult and
handicapped only).
~.11. Insurance carriers, agents and brokers (groups 6311-6399, 6411).
-1~.12. Legal services (8111).
-1-b. 13. Management and public relations services (groups 8741-8743, 8748).
.t2.14. Miscellaneous personal services (7291).
13.!5, Museums and art galleries (8412).
44.16. Nondepository credit institutions (groups 6141-6163).
15.17. Photographic studios (7221 ).
18. Physical fitness.facilities (7991).
19. Real estate (groups 6531-6541 ).
20_=. Shoe repair shops and shoeshine parlors (7251).
4-6:.21. Any other commercial use or professional services which is
comparable in nature with the foregoing uses including those that
exclusively serve the administrative as opposed to the operational
functions of a business, and are purely associated with activities
conducted in an office.
2.2.12.2.2. Uses accessory to permitted uses.
1. Uses and structures that are accessory and incidental to the uses
permitted as of right in the C-l, C-1/T district.
2. Caretaker's residence, subject to section 2.6.16.
2.2.12.3. Conditional uses. The following uses are permissible as conditional uses in the
commercial professional/transitional district (C-1, C-l/T), subject to the standards
and procedures established in division 2.7.4. AGEND^ ITEM
3 JUN 16 1999
,.../,-/
1. Civic, social and fratemal associations (8641).
2. Depository institutions (groups 6011-6099).
3. Educational services (82 11-8231 ).
4. Health service (8011-8049)
5. Homeless shelters, as defined by this code.
6. Increased building height to a maximum of 50 feet.
7. Mixed residential and commercial uses subject to the following
criteria:
a. A site development plan is approved pursuant to division
3.3. that is designed to protect the character of the
residential uses and of the neighboring lands;
b. The commercial uses in the development may be limited in
hours of operation, size of delivery trucks, and type of
.-- equipment;
c. the residential uses are designed so that they are compatible
with the commercial uses;
d. Residential dwelling units are located above principal uses:
e. Residential and commercial uses do not occupy the same
floor of a building;
f. the number of residential dwelling units shall be controlled
by the dimensional standards of the C-1. C-1/T district,
together with the specific requirement that in no instance
shall the residential uses exceed 50 percent of the gross
floor area of the building or
grc:;~h ma::agement v .... ,
g. Building height may not exceed two stories;
h. Each residential dwelling unit shall contain the following
minimum floor areas: efficiency and one-bedroom, 450
.-- square feet; two-bedroom, 650 square feet; three-bedroom,
900 square feet; ^C-/,~A IIF.~"'
JUN 16 1999
Pj.
~i. A minimum of 30 percent of the mixed use development
shall be maintained as open space. The following may be
used to satisfy the open space requirements: areas used to
satisfy water management requirements, landscaped areas.
recreation areas. or setback areas not covered with
impervious surface or used for parking (parking lot islands
may not be used unless existing native vegetation is
maintained);
k-=L- The mixed commercial/residential structure shall be
designed to enhance compatibility of the commercial and
residential uses through such measures as. but not limited
to. minimizing noise associated with commercial uses:
directing commercial lighting away from residential units:
and separating pedestrian and vehicular accessways and
parking areas from residential units. to the greatest extent
possible.
8. Nursing and personal care facilities (8082).
9.=. Funeral service and crematories (7261).
~ 10. Religious organizations (8661).
10. 11. Soup kitchens, as defined by this code.
! I. 12. Veterinarian's office (0742), excluding outdoor kenneling.
2.2.12.4. Dimensional standards. The following dimensional standards shall apply in the
C-l, C-1/T district. Where specific development criteria and standards also exist
in the Golden Gate Master Plan, Immokalee Master Plan or the future land use
element of the Collier County growth management plan, they shall supersede any
less stringent requirement or place additional requirements on development.
2.2.12.4.1. Minimum lot area. 20,000 square feet.
2.2.12.4.2. Minimum lot width. 100 feet.
2.2.12.4.3. Minimum yard requirements. ,____
l. Front yard. 25 feet. uo..
JUN 16 1999
5
2. Side yard. 15 feet.
3. Rear yard. 15 feet.
4. Minimum yard requirement from any residentially zoned or uses
property. 25 feet.
2.2.12.4.4. Maximum height of structures. 35 feet.
2.2.12.4.5. Minimum floor area of principal structure. 1.000 square feet for each building on
the ground floor.
2.2. I2.4.6. Maximum lot coverage. (Reserved.)
2.2.12.4.7. Floor area ratio. (Reserved.)
2.2. I2.4.8. Minimum off-streetparking and of-j'2street loading. As required in division 2.3.
2.2.12.4.9. Landscaping. As required in division 2.4.
2.2.12.4.10. Lighting. The maximum height of lights shall be 25 feet. Lights shall be located
so that no light is aimed directly toward a property designated residential. which
is located within 200 feet of the source of the light.
2.2.12.5. Signs. As required in division 2.5.
Yraffi gc g i
'~, ~-~ ,~ ~ T~, ........A ........* -^* enerate n excess o .... percent
........... c noralion ..... v,~v
2.2.12.6.~..
2.2.]2.6. Architectural and site design standards. All commercial buildings and projects
shall be subject to the provisions of division 2.8.
2.2.12 LDC AMENDMENT/MM/md A~A ITF, M
JUN 16 1999
ORIGIN: Community Development & Environmental Services
AUTHOR: Ronald F. Nino
DEPARTMENT: Planning Services
LDC PAGE: 2.56
LDC SECTION: 2.2.12.4.3., 2.2.13.4.3.. 2.2.14.4.3., 2.2.15.4.3. and 2.2.15½.4.3.
CHANGE: Amend all commercial setback requirements to the same setback requirement.
REASON: There does not appear to be any justifiable reason why setbacks for commercial
zoning districts should vary by type of district. In particular staff is perplexed to find any reason
why the C-4 and C-5 zoning districts justify a zero (0) or five (5) foot rear yard requirement.
Further compounding this requirement is the fact that these sections do not advise the
circumstances under which a zero (0) or five (5) setback applies. Additionally, we cannot justi~'
the fact that a C-2 zoning district requires a twenty-five (25) foot side yard when all other side
yards C-1, C-3, C-4 and C-5 allow a fifteen (15) foot sideyard. particularly given the fact that the
potential height of the building is less than the C-3 or C-4 zoning district which allows a fifteen
(15) foot side yard.
Setback requirements ought to have some relationship to the height of buildings to be located on
the property because the single most important reason for setbacks is to allow the sunlight to
extend to the ground between building blocks. In the multiple family zoning districts this has
been accomplished and the setback provisions are uniform for all multiple family districts. There
is no reason why this should not also be the case for all the commercial districts.
FISCAL & OPERATIONAL IMPACTS: None.
RELATED CODES OR REGULATIONS: None.
Amendment
2.2.12.4.3. Minimum yard requirements
1. Front yard - 25 feet
2. Side yard - ~ one-half of the building height as measured from each
exterior wall with a minimum of fifteen (15) feet.
3. Rear yard- 15 feet
AGENOA ITEM'
JUN 16 1999
pg..//o
2.2.13.4.3. Minimum yard requirements
1. Front yard - 25 feet
2. Side yard - ~ one-half of the buildin~ height as measured from each
exterior wall with a minimum of fifteen (.l 5) feet.
3. Rear yard - 15 feet
2.2.14.4.3. Minimum yard requirements
1. Front yard - 25 feet
2. Side yard - 4-54eet one-half of the building height as measured from each
exterior wall with a minimum of fifteen (15) feet.
3. Rear yard- 15 feet
2.2.14.4.3. Minimum yard requirements
1. Front yard - 25 feet
2. Side yard - -b-5--f-eet one-half of the building height as measured from each
exterior wall with a minimum of fifteen (15) feet.
3. Rear yard - 15 feet
2.2.15.4.3. Minimum yard requirements
1. Front yard - 25 feet
2. Side yard - 4-54-eet one-half of the building height as measured from each
exterior wall with a minimum of fifteen (15) feet.
3. Rear yard - O-or---S-feet 15 feet
2.2.15 V2.4.3. Minimum yard requirement
1. Front yard - 25 feet
2. Side yard - 4-5-f-eel one-half of the building height as measured from each
exterior wall with a minimum of fifteen (15) feet.
3. Rear yard - g-or44-c~ 15 feet
AGE]N()A
2.2.12.4,3. to 2.2.15V:.4.3, LDC AMENDMENT/RFN/md
2 JUN 16 1999
ORIGIN: Current Planning Section
AUTHOR: Ronald F. Nino. AICP, Planning Services Manager
Susan Murray, AICP, Chief Planner
DEPARTMENT: Planning Services
LDC PAGE: LDC2:56
CHANGE: Add Local and Suburban Passenger Transportation, limited. as a Conditional
Use in the Co4 zoning district to allow local and long distance bus stops in C-4 districts. This
change will not allow a bus depot or station.
REASON: The Current Land Development Code classi~es a bus stop as part of an
establishment whose primary. use is to provide bus charter services and motor vehicle passenger
transportation, including passenger terminals, maintenance and service facilities. There is a need to
allow a bus stop as a secondary use in conjunction with other commercial uses as primary. uses.
separate and apart from a passenger terminals, maintenance and service facilities.
FISCAL & OPERATIONAL IMPACTS: None.
RELATED CODES OR REGULATIONS: None.
Amend the Land Development Code as follows:
2.2.15.3. Conditional uses.
13. u,,,;,,. _; ...... "'~*~'°/'~ Local and suburban transit (groups 4111-
4121, bus stop and v~pool stop only).
.Motion picture theaters (7833).
~ Co~unication towers above specified height, SuNect to section
2.6.35.
16. c .... v;,~, ..... ~r,_~ ~.,, ,h;o ,,~,~,. Permitted use with less than 700
square feet of gross floor area in the principal structure.
17. Soup kitchens as defined bv this code.
2.2.15.3 LDC AMENDMENTS/SM/md A~[:)A ITF...M
JUN 16 1999
ORIGIN: Community Development & Environmental Services
AUTHOR: Ross Gochenaur
DEPARTMENT: Planning Services
LDC PAGE: 2:58.1
LDC SECTION: 2.2.15V2 Heavy commercial district (C-5)
CHANGE: Change reference to building height in section 2.2.15'/:.4.3.1 from 50 feet to 35 feet.
REASON: To clarify. front yard requriement.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
2.2.15½.4.3· Minimum yard requirements
1. Front yard 25 feet., ''~ ...... c~+ c ..... ~. ~_~ c .... c k,,:b~;_~ ~;~,
2.2.151/:. LDC AMENDMENT/RG/md
,,,'C.,EiX ~TF.M
J U N 16 1999
p.. ~/
ORIGIN: Community Development & Environmental Sen'ices
AUTHOR: Ross Gochenaur
DEPARTMENT: Planning Services
LDC PAGE: 2:59
LDC SECTION: 2.2.16.2.1 Industrial district (I)
CHANGE: Add, as a permitted use, miscellaneous repair services (groups 7622-7699) with no
associated retail sales.
REASON: Many miscellaneous repair services, including, but not limited to boiler repairs,
engine repairs other than automotive, motorcycle repairs. farm machinery repairs, and septic tank
cleaning, are at least as appropriate to industrial zoning as to C-5 (heavy commercial). The
change would allow a broader range of repairs. while prohibiting these businesses from
expanding into retail sales.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
2.2.16.2.1. Permitted uses
1. Agricultural services (groups 0711. except that chemical treatment of soil
for crops, fertilizer application for crops and lime spreading for crops shall
be a minimum of 500 feet from a residential zoning district, 0721, except
that aerial dusting and spraying, disease control for crops, spraying crops.
dusting crops, and insect control for crops (with or without fertilizing)
shall be a minimum of 500 feet from a residential zoning district, 0722-
0724, 0761, 0782, 0783).
2. Apparel and other finished products (groups 2311-2399).
3. Automotive repair, service, and parking (groups 7513-7549).
4. Building construction (groups 1521-1542).
5. Business services (groups 7312, 7313, 7319, 7334-7336, 7342-7389,
including auction rooms (5999), subject to parking and landscaping for
retail use).
6. Communications (groups 4812-4899 including communican :::z
to specified heights, subject to section 2.6.35).
JUN 16 1999
7. Construction--special trade contractors (groups 1711-1799).
8. Depository and nondepositor' institutions (groups 6011-6163).
9. Eating places (5812).
10. Educational services (8243--8249).
11. Electronic and other electrical equipment (groups 3612--3699).
12. Engineering, accounting, research, management and related services
(groups 8711 --8748).
13. Fabricated metal products (groups 3411--3479, 3491--3499).
14. Food and kindred products (groups 2011--2099 except slaughtering
plants).
15. Furniture and fixtures (groups 2511 --2599).
16. Heavy construction (groups 1611 -- 1629).
17. Health services (8011 accessory to industrial activities conducted on-site
only).
18. Industrial and commercial machinery and computer equipment
(3511--3599).
19. Leather and leather products (groups 3131 --3199).
20. Local and suburban transit (groups 4111--4173).
21. Lumber and wood products (groups 2426. 2431--2499).
22. Measuring, analyzing, and controlling instruments; photographic, medical
and optical goods; watches and clocks (groups 3812--3873).
23. Membership organizations (groups 8611, 8631),
24. Miscellaneous manufacturing industries (groups 3911--3999).
25. Miscellaneous repair services (groups 7622-7699) with no associated retail
sales.
25.26. Motor freight transportation and warehousing (groups 421
4226 except oil and gas storage, and petroleum and aemic~'~u
stations).
2 JUN 16 1999
26.27. Paper and allied products (2621--2679).
27.28. Personal services (groups 7211--7251, 7291).
28.29. Physical fitness facilities (7991).
29.30. Printing. publishing and allied industries (groups 2711--2796).
30.31. Railroad transportation (4011. 4013).
31.32. Rubber and miscellaneous plastics products (groups 3021, 3052, 3053).
32.33. Stone. clay, glass, and concrete products (groups 3221, 3251, 3253.
3255--3273, 3275. 3281).
33.34. Textile mill products (groups 2211--2221, 2241--2259. 2273-2289, 2297.
2298).
-3-4=35. Transportation equipment (groups 3714, 3716, 3731, 3732. 3751, 3761.
3764. 3769, 3792, 3799).
35.36. Transportation by air (groups 4512--4581 except airports and flying
fields).
36.37. Transportation services (groups 4731--4783, 4789 except stockyards).
37.38. United States Postal Se~'ice (4311).
3~.39. Welding repair (7692).
g0-.40. Wholesale trade--durable goods (groups 5012--5014, 5021 --5049.
5063--5092, 5094--5099).
a,,0.a, 1. Wholesale trade--nondurable goods (groups 5111 --5159, 5181, 5182, 5191
except that wholesale distribution of chemicals, fertilizers, insecticides.
and pesticides shall be a minimum of 500 feet from a residential zoning
district (5192--5199).
~I.'12. Any other use which is comparable in nature with the foregoing uses and
is otherwise clearly consistent with the intent and purpose statement of the
district.
2.2.16. LDC AMENDMENT/RG/md
JUN 16 1999
ORIGIN:
AUTHOR: Kevin Hendricks
DEPARTMENT: Real Property Management Department
LDC PAGE: 2:76 and 2:235 (same language both pages)
LDC SECTION: 2.2.20.3.7 and 2.7.2.8.1 (same language both pages)
CHANGE: Replace both sections in their entirety with new provisions that more
comprehensively deal with the dedication of land for a pubic purpose and the manner by which
that land is valued for purposes of impact fee credit.
REASON: To clarify the intent of the several impact fee ordinances with respect to impact fee
credits which may be available in return-for property dedications and/or conveyances; and to
establish a consistent formula for calculating the dollar amount of such credit. The proposed
change also seeks to clarify the developer's responsibilities with respect to the actual transaction
itself, i.e., who does what, who pays for what, and how much time is allotted to each party to
perform its duties. Most importantly, the proposed changes seek to establish the formula for
calculating the value of any impact fee credits which may be awarded.
Rather than each proposed petition containing different language with respect to time flames for
conveyance and dedication, and method of calculating the dollar amount of impact fee credits,
and the time frames for the parties to the transaction, it is recommended that all future fezone
petitions and ordinances will simply stipulate the particular dedication and/or conveyance
required and state that it shall be made in accordance with the provisions of Section 2.2.20.3.7 of
the Land Development Code.
The Florida constitution provides that private property shall not be taken for public use without
full compensation. In addition to providing a consistent structure to the dedication/conveyance
and impact fee credit process, the proposed changes represent an attempt to provide
compensation to developers for the actual loss occasioned by the dedication and/or conveyance
of private property for public use.
FISCAL & OPERATIONAL IMPACTS: Adopting the proposed changes will clarify the
responsibilities of the parties and will eliminate confusion and duplication.
Requiring the developer to be responsible for securing the necessary releases and subordinations
will save the County time and money. Presently, many financial institutions charge between
$150 and $250 to process each request for execution of releases and subordinations.
Requiring the developer to be responsible for the cost of title work will save the county time and
money.
JUN 16 1999
pg. ,:~,.,
Adding the provisions allowing the County to sue for specific performance puts all parties on
notice as to the consequences of a failure to comply with a mandatory developer commitment.
Requiring developers to provide properly executed conveyance instruments and appraisals prior
to bringing developer contribution agreements to the Board of County Commissioners will allow
the Real Property Staff and the County Attorney to review same and provide advice and
recommendations to the Board before it enters into binding commitments.
Requiring developers and their projects to accommodate the historical stormwater flow across
and through their properties at their own expense prevents diverting the burden of treatment
and/or management of said flows to neighboring property owners and/or to the public.
RELATED CODES OR REGULATIONS: Code of Laws and Ordinances of Collier County,
Florida, Chapter 74, Impact Fees, Collier Count>' Ordinance Nos. 92-22. 92-29, 92-30. 92-33,
92-91, 92-92, 92-94, 92-95 and 92-96.
2.2.20.3.7. Dedication of the public facilities and development of prescribed amenities.
Public Facility Dedication. Tke beard of count2,' co:var, izsioncrs may, as a
....................... :mpro;'ements, at .......... v .......... r, ...........~,~ -~
The Bo~d of County Commissioners may, as a condition of approval and
adoption of the rezonin~, require that suitable areas for streets. public right-of-
way, schools, parks, emer2encv medical seaices and Sheriff substationm fire
stations~ master utility repump stations, and other public facilities intended to
sere the public at large and not just for the benefit of the prope~y being rezoned.
be set aside, improved. an~or dedicated for public use.
~en developer commitments include real prope~y conveyances (land an~or
easements) to a public entity, such conveyances must be free of all encumbr~ces
which could cloud title to the prope~y or result in the extinguis~cnt of the
public entity's interest. Within 60 days of request by County, a developer may
dect to provide the Collier County Real Prope~y Management Dep~ment with
either an up-to-date title commitment and subsequent title policy pe~aining to the
conveyance, naming Collier County as the proposed insured. or an A~omcv's
Opinion of Title. Should the developer elect to provide the County with a title
commitmeaL the developer shall be responsible for all costs including all search
expenses and policy premiums. Within 90 days of being provided conveyance.
release ~or subordination documents by County, or such other time period as
the Bo~d of County Commissioners may authorize by ordinance, the dcvcloper
shall return said documents, ~lly executed by the appropriate p~ics, ready for
acceptance by the Board of CounW Commissioners and subsequent recording in
the public records of Collier CounW, Florida.
To the extent that impact fees ~e collccted by Collier County to provide for
public facilities and seaices. credits off-seUing said impact fees may be provided
by the County in return for the required dedication of l~d for public use.
Conveyance of a fee estate in said l~ds shall not operate to reduce the gross
acreage ~der o~mcrship for pu~oses of density calculation.
The dollar amount of a potential impact fee credit due to the developer as a result
of the donation of a fee estate in l~d to Collier County shall be the lesser of the
following:
A~A
(1) The price per acre or price per square foot the developer paid for the
property (if purchased within the 2 year period immediately preceding the
effective date of the initial rezone action and/or development order
requiring such conveyance) multiplied times the area conveyed to the
County~ or
(2) The market value of the land conveyed to the County as of the date
immediately preceding the effective date of the initial rezone action and/or
development order requiting such conveyance, as determined by an
appraiser from the then-current List of Approved Appraisers adopted bv
the Board of County Commissioners.
In the event the developer chooses to select the appraiser from the County's List
of Approved Appraisers, the developer must notify the County within 10 days of
the developer's notice to proceed with the appraisal assignment. The developer's
notice to proceed with the appraisal assignment shall include notification to the
appraiser that Collier County is appraiser's co-client along with developer.
County shall have thirty (30) days to review and approve the appraisal report.
Fees for appraisal services shall be paid for by developer. Developers may be
eligible for an additional impact fee credit equal to one half (1/2) of the appraisal
fee.
Prior to any petition by developer to enter into a Developer Contribution
agreement with Collier County, or any other agreement which may grant impact
fee credits, developer must provide County with either the appraisal report
referenced above. or a copy of developer's purchase agreement and deed for the
property.
Should developer commitments include the requirement that developer construct
improvements for the benefit of the general public (as opposed to the benefit of
the development), such improvements must be completed on or before the date
the phase of the development containing such improvements is presented to the
Board of County Commissioners for acceptance~ and the acceptance by the Board
of said phase of the development shall include an acceptance of said
improvements.
For purposes of this Section, "Coun_ty" and "Collier County, a political
subdivision of the State of Florida," The Board of County Commissioners as the
governing body of Collier County, Florida, and as Ex-officio the governing board
of the Collier County Water Sewer District," and any and all independent
governmental districts including those of the State of Florida which may properly
exercise jurisdiction over land and/or easement conveyances made pursuant to the
stipulations and developer commitments contained in any rezone ordinance and/or
development order. "Proposed Development" shall mean the property legally
described in the Rezone Petition.
All dedications, conveyances and related developer commitments required of the
developer as a condition to the approval of the rezone petition and adoption of the
zoning ordinance shall be deemed contractual in nature. and may be enforced bv
suit for specific performance or other appropriate relief. All costs. includin~
reasonable attornev's fees shall be awarded to the governmental entity if it
prevails in such suite.
2.7.2.8.1. Dedication of the public facilities and development of prescribed amenities.
Public Facility Dedication The
public rig.his ef;;'ay, scheols. parks, and ether Fah!ic facilities 5e set aside.
.................. v,,~v,.,,J ................... a
A,:,+,~,-,~;,~ ,1-,,~ ~.',,b~.+ ,,~1 .... 4~ ,1~
....... ;..~. +;_. r ...... ,.A .,. ............., ;. a recommendation to *~'- b d
p'arsumnt tc subsection 1.9.2.
.........................................
r'f,,,~;oo; ....... 4.~ A ...., .....·
............................. F ....... F ................................... DrOV
The Board of County Commissioners may. as a condition of approval and
adoption of the rezoning. require that suitable areas for Streets. public right-of-
way. schools. parks. emergency medical services and Sheriff substations. fire
stations, master utility repump stations. and other public facilities intended to
serve the public at large and not just for the benefit of the property being rezoned.
be set aside. improved. and/or dedicated for public use.
When developer commitments include real property conveyances (land and/or
easements) to a public entity. such conveyances must be free of all encumbrances
which could cloud title to the property or result in the extinguishment of the
public entitv's interest. Within 60 davs of request by County, a developer may
elect to provide the Collier County Real Property Management Department with
either an up-to-date title commitment and subsequent title policy pertaining to the
conveyance. naming Collier County as the proposed insured, or an Attomev's
Opinion of Title. Should the developer elect to provide the County with a title
commitment, the developer shall be responsible for all costs including all search
expenses and policy premiums. Within 90 days of being provided conveyance.
release and/or subordination documents by County, or such other time period as
the Board of County Commissioners may authorize by ordinance, the developer
shall return said documents, fully executed by the appropriate parties, ready for
acceptance by the Board of County Commissioners and subsequent recording in
the public records of Collier County, Florida.
To the extent that impact fees are collected bv Collier County to provide for
public facilities and services, credits off-setting said impact fees may be provided
by the County in return for the required dedication of land for public use:
Conveyance of a fee estate in said lands shall not operate to reduce the gross
acreage under ownership for purposes of density calculation.
The dollar amount of a potential impact fee credit due to the developer as a result
of the donation of a fee estate in land to Collier County shall be the lesser of the
following:
The price per acre or price per square foot the developer paid for the
property (if purchased within the 2 year period immediately preceding the
effective date of the initial rezone action and/or development order
requiring such conveyance) multiplied times the area conveyed to the
County; or
(2) The market value of the land conveyed to the County as of the date
immediately preceding the effective date of the initial rezone action and/or
development order requiring such conveyance, as determined by ..an
6
! J'JNIS
appraiser from the then-current List of Approved Appraisers adopted by
the Board of County Commissioners.
In the event the developer chooses to select the appraiser from the County's List
of Approved Appraisers. the developer must notify, the County within 10 days of
the developer's notice to proceed with the appraisal assi_mu'nent. The developer's
notice to proceed with the appraisal assi_~mment shall include notification to the
appraiser that Collier County_ is appraiser's co-client along with developer.
County shall have thirty (30) days to review and approve the appraisal report.
Fees for appraisal services shall be paid for by developer. Developers may be
eligible for an additional impact fee credit equal to one half (1/2) of the appraisal
fee.
Prior to any petition by developer to enter into a Developer Contribution
am'eement with Collier County. or any other agreement which may grant impact
fee credits. developer must provide County_ with properly executed conveyance.
release and/or subordination instruments. and either the appraisal report
referenced above. or a copy of developer's purchase agreement and deed for the
property.
Should developer commitments include the requirement that developer construct
improvements for the benefit of the general public (as opposed to the benefit of
the development). such improvements must be completed on or before the date
the phase of the development containing such improvements is presented to the
Board of County Commissioners for acceptance: and the acceptance by the Board
Of said phase of the development shall include an acceptance of said
improvements.
For purposes of this Section. "County" and "Collier County.. a political
subdivision of the State of Florida." The Board of County Commissioners as the
governing body of Collier Coun_ty. Florida. and as Ex-officio the governing board
of the Collier County Water Sewer District." and any and all independent
governmental districts including those of the State of Florida which may properly
exercise jurisdiction over land and/or easement conveyances made pursuant to the
~tipulations and developer commitments contained in any rezone ordinance and/or
development order. "Proposed Development" shall mean the property_ legally
described in the Rezone Petition.
All dedications. conveyances and related developer commitments required of the
developer as a condition to the approval of the rezone petition and adoption of the
zoning ordinance shall be deemed contractual in nature. and may be enforced by
suit for specific performance or other appropriate relief. All costs. including
reasonable attorney's fees shall be awarded to the governmental entity if it
prevails in such suite.
2.2.20.3.7 & 2.7.2.8.1 LDC AMENDMENT/K. Hendncks/md
J U N 16 1999
'7
ORIGIN: Current Planning
AUTHOR: Chahram Badamtchian, AICP
LDC PAGES: 2:114.2-2:114.40
LDC SECTION: 2.2.27.
CHANGES: Delete Marco Island Overlay from the LDC.
REASON: Marco Island is an incorporated city with their own Zoning Code and is no
longer under the County jurisdictions.
FISCAL AND OPERATIONAL IMPACT: None.
RELATED CODES AND REGULATIONS: None.
Amendment to the LDC as follows:
City c,,kA;,,;,; .... A ~TA ~ .... 17;11~ C,,kA;,,;o;~. /~fl, I. ,,~IA
1 JUN 16 1999
afforded all fights
AGENDA ITEM
2 JUN 16 1999
J U N 16 1999
Pa. 27
,,
29 97 7 1912 n .... z ....., ....~_.~.
commercial, not *
AGS~A fh-..
7 J U N 16 1999
~'~ *~' ~"~VV*"~ ~"~'~ .... ~ ~ Y~'~'~ .... '*~"~" ~"
~ ...... Ant~ ]~nA;~, ~ln ....... D; .... 1;A ..... ta n;~lz .n nnA
.............................................. gCC~SSO0' . .... A .... ;~A ;n +~ .... J~.l,,; .....
u. .... ~,, ~,,~F~ ..~... ........ ~ ~ .... F...~.~. S F~.....~ ~j~. ~ ~..~ S Otis
........... A ;_~;A~.+~! + .... 1+; C~;l., A .... 11; .......... ;A.A r_, in section
2 2 9 7 7 I 9 2 9 n .... t ...... standards.'
................. ....... -
8 JUN 16 1999
~_A ~11~,;~ ~A ~ hntal t~ maA;,-,~l ~A nn,,,t,.*,~t~,~~ ~Cf;,~o ,,,;th n,,to;A~ ~+~
areas. Mcs*, existing structures are t;;'o story ,~nd v'cre,
9 JUN
commercial "~' * ...... A An ,c,,,
The · · g ~ .... t ,~, n,;,,, u,,,; .... n;,,;,, ..... ;A,, r .... A ....A
~o JUN l S 1999
1.Rcar yard.' 25 r,~,,
599 square ,~et; two or more
7ro;'ision. as ':,'el! as the pro:'isions set forth in sections 2.2.15 1/2.5 and
2.2.15 I/2.6. ':.'it,bin one )'ear ............... .v .................. :
dial ict o1,,,11 ,__1 ....... + ,, f_ll
v ............................................. enter x ,_, ,,, sir st.
1/2.5 .f+k;. r'.A. AAA;+;.-...-.Ih..-.h~;. 1;.L- .F.~...;_~ iS riot __~;++.~A
this pro;' '
+k~ T .... FL:..+.~. l~f;,,,,A T T~.~ !'~; o+.; .-.+ o1.,.11 ..~__.e~ +^ 'lSlOn
14 J U N 16 1999
Pg..,,
,--*.,.__, ~,.,., ~.,-~o,,,~ ,,uo u,..,,..**
AC.~NDA ITEM
No~ ~
JUN 16 1999
17
~. ............. 11 DO caso
~A; ...... ublic sircat.
of tony .~j ......~
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......................... s ns ~ ....................... / .......~ ..... ~ ........alga ,~, a
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18 JUN 16 1999
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may include
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~, ....;.~d x:Sack.' ~;~ signs .~,M~ maintain a 15 foot ~*~'~- e,~_ any
2.2.2?. I 0.2.1.2.7.
Real estate s ns
investment company
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22 JUN 16 1999
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23 JUN 16 1999
there is mn electrical component;
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25 JUN J6 1999
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AC-,ENDA
27 .,uN,
2.2.27 LDC AMENDMENT/CB/md
A~A ITEM
No. ~ ....
28 JUN 16 1999
p~. ,,,Q""~
ORIGIN: Community Development & Environmental Services
AUTHOR: Ronald F. Nino
DEPARTMENT: Planning Services
LDC PAGE: LDC - 2: 118
LDC SECTION: 2.3.4.1 1.4
CHANGE: To amend provisions of the automobile parking section to allow BCC approval of a
parking lot where said property is immediately contiguous to an existing or proposed structure
requiting off-street parking.
REASON: As a result of a recent revision to the FLUE where Commercial Under Criteria
provisions were replaced with an Office and In-fill Commercial subdistrict a unintended side
effect was to eliminate the possibility of rezoning property to C-1/T on a local street even
through the lot is contiguous to commercially zoned property and even though the purpose was
only to allow a parking lot to serve the commercially zoned property.
Provision of the off-site parking section required off-site parking to be consistent with the FLUE
unless amended as herein proposed to allow an additional criteria of contiguousness to a facility
requiring parking with approval of the Board of County Commissioners.
FISCAL & OPERATIONAL IMPACTS: None.
RELATED CODES OR REGULATIONS: None.
2.3.4.11. Local requirements.
1. All required off-street parking facilities shall be located on the same lot they
serve or may be located on another lot under the same or different ownership,
provided:
a. The lots are contiguous or would be contiguous except for a roadway that
is to designated as a collector or arterial in the traffic circulation element
of the growth management plan.; and
b. The lot proposed for parking permits parking facilities or the same or
more intensive land uses than the lot on which the principal structure is
located, or the locational requirements for commercial uses identified in
the future land use element of the growth management plan can e
or failing to meet these two requirements an application may be ~adeNo- ~,~
JUN 16 1999
to use property for employee or customer automobile parking when the
proposed parking facility is immediately contiguous to the property_ it is
intended to serve. Such requests may be approved by the Board of County
Commissioners following a recommendation of the Collier County
Planning Commission pursuant to Section 2.7.2 of the land development
code; and
c. That in the case of off-site parking facilities proposed to be located on a
lot or lots not under the same ownership as the lots on which the business
or use said parking is intended to serve is located, such off-site parking
may be approved as follows:
1. Subject to the procedures set forth in Section 2.3.5 of this code; or
2. When off-site parking is located on property contiguous to the
property on which the business or use it is intended to serve is located
and is in excess of the minimum amount of parking required pursuant
to section 2.3.16 of this code.
2. Where off-site parking cannot be approved because the properties are not
contiguous as described above, the community development services
administrator, after review of a site development plan submitted in accordance
with division 3.3 may allow some required parking to be located off-site
provided:
a. All of the lots are under the same ownership;
b. No off-site parking space is located further than 300 feet from the
building or use they are intended to serve, measured by the shortest
feasible walking distance, unless special circumstances exist under
section 2.3.4.11.5;
c. The lots are not separated by an arterial roadway as designated in the
traffic circulation element of the growth management plan;
d. At least 67 percent of the required parking for the development is located
on the lot with the principal structure unless special circumstances exist
under section 2.3.4.11.5;
e. The lot proposed for parking permits the same or more intensive land
uses than the lot on which the principal structure is located or is
commercially zoned.
AGENOA ITEM
3. The community development services administrator shall base his
determination of request for off-site parking under section 2.3.4.11.2
2 dUN 16 1999
following review criteria:
a. The proposed off-site parking facility, including its ingress and egress, is
safe and convenient for motorists and pedestrians;
b. The proposed off-site parking facility does not adversely impact the
character and quality of the neighborhood nor will hinder the proper
future development of surrounding properties; and
c. Approval of the petition will not create parking problems for any
neighboring property.
4. Where off-site parking cannot be approved because the property is located in
an agriculturally or residentially zoned district, an application for off-site
parking approval may be submitted and shall be processed in conjunction
with a site development plan, pursuant to division 3.3. The procedural
requirements set forth in section 2.7.5 of this code shall be followed in the
review and approval of off-site parking petitions. The board of zoning
appeals, after review and recommendation by the planning commission,
may approve the request, provided:
a. All of the lots are under the same ownership;
b. No off-site parking space is located further than 300 feet from the building
or use they are intended to serve, measured by the shortest feasible
walking distance, unless special circumstances exists under section
2.3.4.11.5;
c. The lots are not separated by an arterial roadway as designated in the
traffic circulation element of the growth management plan;
d. At least 67 percent of the required parking for the development is located
on the lot with the principal structure unless special circumstances exist
under section 2.3.4.11.5;
e. The off-site parking will serve an existing structure or land use;
f. Where off-site parking is proposed for commercial uses, all of the lots
proposed for off-site parking shall meet the locational requirements for
commercial uses as identified in the future land use element of the growth
management plan or are designed to serve water-dependent and/or water-
related uses as described in the urban residential subdistrict of the future
land use element of the growth management plan except as otherwise
permitted under 4f; and
g. The off-site parking facility shall be designed to mitigate any neg .live
effects of this parking facility on neighboring residentially zoned ~rop~y.
Mitigation shall include, unless specifically determined by the board of
zoning appeals no to be necessary:
1 ) No vehicular egress shall occur on local streets opposite of residential
homes or within the building lines of unimproved single-family
residentially zoned property;
2) Lighting shall be shielded, pointing downward, and not over 20 feet in
height so as to prevent glare upon all neighboring residential
properties; and
3) A 15-foot-wide landscape buffer strip shall be provided around the
entire perimeter where it directly abuts residentially zoned property.
Six-foot-high architecturally finished wall, fence, hedge, or berm
combination and ten-foot-tall shade trees spaced no more than 20 feet
apart on center shall be required. The board of zoning appeals may
reduce the six-foot-high screeing requirement to four-foot-high within
front yard setback areas.
2.3.4.1 1.4 LDC AMENDMENT/RN/mk
AGE. NDA ITEM
No, ~<~
JUN 16 1999
ORIGIN: Current Planning Section
AUTHOR: Raymond V. Bellows. Principal Planner
DEPARTMENTS: Planning Services
LDC PAGE: 2:132
LDC SECTION: 2.3.16.1
CHANGE: Delete the limit on bicycle parking spaces that is currently calculated at ratio of 10
percent of the required number of vehicular parking spaces and replace it with a maximum total
of 15 bicycle parking spaces. Eliminate the ability to substitute up to five percent of the required
vehicular parking spaces when providing additional bicycle parking on a five-to-one basis.
Modify the bicycle paving requirement to allow the bicycle spaces to be surfaced with the same
or similar material as the vehicular parking lot.
REASON: The intent of the bicycle parking criteria for non-residential developments is only to
provide sufficient parking for the existing bicyclists that can reasonable be expected to use the
facility. Since the percentage of bicyclists do not increase at a constant ratio versus the size of a
building, the provision of bicycle parking at a ratio of five percent but not to exceed ten percent
of the parking requirements for motor vehicles becomes excessive for structures over 75,000
square feet. For example. a retail building that is 75,000 square feet in size requires 300 vehicular
parking spaces and 15 bicycle spaces. The 15 spaces can be increased by substituting up to 5
percent of the required motor vehicle parking by adding bicycle parking on a five-to-one basis
with a maximum ratio of ten (10) percent of the required vehicular parking. Under this scenario,
the bicycle parking requirement would double to 30 spaces. Furthermore, a 150,000 square foot
building under the current maximum would allow 60 bicycle spaces while the proposed change
would only require 15 spaces.
FISCAL & OPERATIONAL IMPACTS: Approval of this amendment would save large
commercial and industrial business the expense of providing paved but unused and unnecessars'
bicycle parking spaces. This amendment is also anticipated to reduce the time spent by Code
Enforcement staff inspecting sites that have removed the unused bicycle racks.
RELATED CODES OR REGULATIONS: The Collier County Comprehensive Pathways
Plan.
Amend the LDC as follows:
2.3.16.1. Bicycle Parking for Non-residential Developments.
1. Provisions for the safe and secure parking of bicycles shall be furnished at
a ratio of five percent of requirements for motor vehicles pe
JUN 16 1999
but not to exceed a "'";" ^c ~ no/_ ~c ,~, ...... ;,.,A .... k~, of maximum of
15 total bicycle parking spaces. A minimum of two bicycle parking
spaces shall be provided.
2. A bicycle parking facility suited to a single bicycle ("parking space") shall
be of a stgd-alone inve~ed-U design measuring a minimum of 36 inches
high and 18 inches wide [of 1~ inch Schedule 40 pipe per ASTM F 1083]
bent in one piece ("bike rack") mounted securely to the ground [by a 3/8
inch thick steel base plate per ASTM A 36] so as to secure the bicycle
frame ~d both wheels.
3. Each parking space shall have a minimum of three feet of clearance on all
sides of the bike rack.
4. 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.
5. Extraordinary bicycle parking designs which depart from the bike rack
standard but are in keeping 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.
~11 ..... 1-,1~ I-, ....... ;J;.,', ~A.41+;,--,.,,11.,;,,-,,~1 .... 1.-; ..... r,,,~ t- ....
2.3.16.1.. LDC AMENDMENT/RB/md
AGENDA ITEM
JUN 16 1999
ORIGIN: Current Planning
AUTHOR: Chahram Badamtchian, AICP
LDC PAGES: 2:137-2:138
LDC SECTION: 2.3.24.
CHANGES: Delete standards for parking within the Marco Lake Drive Business
District (MLDBD).
REASON: Marco Island is an incorporated city with their own Zoning Code
and is no longer under the County jurisdictions.
FISCAL AND OPERATIONAL IMPACT: None.
RELATED CODES AND REGULATIONS: None.
Amendment to the LDC as follows:
JUN 16 1999
2.3,24. LDC AMENDMENT/CB/md
AGEND A fiLM
JUN 16 1999
ORIGIN: Community Development & Environmental Services
AUTHOR: Nancy L. Siemion
DEPARTMENT: Planning Services
LDC PAGE: 2:138
LDC SECTION: 2.4.3.1.
CHANGE: Add Florida Certified Landscape Designer as an individual who is qualified to
submit SDP Landscape Plans
REASON: Staff was directed by the Board of County Commissioners on January 27, 1999 to
proceed with this amendment. Staff does not recommend approval of proposed amendment
because it violates Florida Statutes Chapter 481, Part 2, Section 481.303 and 61G10-15.002.
These sections state that tangible objects and irrigation systems may only be designed by
licensed professionals such as Landscape Architects. Tangible objects that are required by code
to be shown on a SDP Landscape and Irrigation Plans include: irrigation, fences, screen walls,
benches and planters, drainage swales, berms, lighting, curbing and signage.
Staff has requested information from the Florida Landscape Designer Association regarding
qualiBcations of testing agency, testing procedure and ability to verify certification of
individuals. As of March 20, 1999, we have received no response. Consequently, staff is unable
to determine if the Landscape Designer Certification exam tests commercial, industrial and
multi-family residential projects typically reviewed during the SDP process. In additio. n, we
have no method of verifying who is a certified Landscape Designer.
FISCAL & OPERATIONAL IMPACTS: This proposed change will not have a fiscal impact
to Collier County. However landscape plans that are not reviewed by a Landscape Architect
(signed and sealed) do require additional staff time to review. This does have a fiscal impact as
substantially more time is require to review such plans.
RELATED CODES OR REGULATIONS: None.
Sec. 2.4.3. Procedures
2.4.3.1. Landscape plan required. Prior to the issuance of any preliminary subdivision
plat, final site development plan, or building permit, an applicant whose
development is covered by the requirements of this section shall submit a
landscape plan to the planning services director. The landscape plan shall bear the
seal of a Landscape Architect registered in the State of Florida, Or tl~; ~.,u~hu&~,~A~iIEM
Florida Certified Landscape Designer. The landscaping require~ for~1.ingle-oQ,~
family, two-family, and mobile home dwelling units shall be sk ,wn on the
JUN 16 1999
building pennit plot plan. This plan is not required to bear the seal of a landscape
architect.
The landscape plan shall be drawn to a suitable scale, include dimensions, north
arrow, date, title, project owner's name, delineate the existing and proposed
parking, vehicular use areas, buildings, access points, and roadways, show all
utility lines or easements, and show the location of existing and proposed planting
areas and vegetation communities and designate them by species name. The code
required landscaping shall be highlighted or indicated on the plan to differentiate
from the applicant's provided landscaping that is in addition to that required by
this code. Design creativity is encouraged so long as it meets the intent of this
code. The plan shall show the location of permanent vegetation protection
devices, such as barricades, curbing, and tree wells. The plan shall also include a
chart indicating graphic plant symbol, botanical and common name, quantity,
height, spread, spacing, native status, drought tolerance rating (as defined by
"Xeriscape Plan guide II" published by South Florida Water Management
District, West Palm Beach, Florida) and type of mulch. The plan shall show tree
and palm staking details per accepted industry practices and standards. In
addition, a tabulation of the code.
2.4.3. I. LDC AMENDMENT/NS/md
AGEJ, Q)A ITEM
No.. c-~
2 JUN 16 1999
ORIGIN: Current Planning
AUTHOR: Chahram Badamtchian, AICP
DEPARTMENT: Planning Services
LDC PAGES: 2.153-2.167
LDC SECTION: 2.5.
CHANGES: Staff is proposing an amendment to the Sign Section of the LDC to delete some code
duplications and accent lighting, to add the requirements for unified sign code and sign for
automobile services stations to the Sign Code.
REASON: Accent lighting is not in keeping with the traditional Naples character. Adding the
requirements for the unified sign code and the signs requirements for automobile service station is
intended to reduce the confusion created by having sign restrictions in a different sections of the
LDC. This amendment will provide for all sign requirements within the Sign Code Division of the
LDC.
FISCAL IMPACT: None.
RELATED CODES OR REGULATIONS: None.
Amendments to the LDC as Follows:
2.5.5.1.2. Real estate signs. The following signs classified as real estate signs shall be
permitted in residential districts subject to the following:
1. One ground or wall "For Sale," For Rent," or similar sign, with a maximum
of four square feet in size, per street frontage for each parcel, or lot less than
one acre in size. Said sign shall be located no closer than ten feet from any
adjacent residentially used property and may be placed up to the property line
abutting a fight-of-way, provided it is a minimum often feet from the edge of
pavement. (No building permit required.)
2. One ground or wall "For Sale," "For Rent," or similar sign, with a maximum
of 12 square feet in size, per street frontage for each parcel, or lot one to ten
acres in size. (No building permit required.)
3. One ground pole sign with a maximum height of 15 feet or wall "For Sale,"
"For Rent," or similar sign, with a maximum of 64 square f~t ',, ~ '~ .
street frontage for each parcel or lot in excess ten acres in siz,
JUN 16 199
1
4. Real estate signs shall not be located closer than 15 feet from any property
line. In the case of undeveloped parcels where the existing vegetation may
not allow the location of the sign 15 feet from the property line, the planning
services director may allow a reduction in the amount of the required setback
however, in no case shall said sign be located closer than five feet from any
property line unless authorized by the board of zoning appeals through the
variance process.
5. Real estate signs shall be removed when an applicable temporary use permit
has expired, or within seven days of any of the following conditions:
ownership has changed; the property is no longer for sale; rent or lease; or,
the model home is no longer being used as a model home.
6. A sign advertising that a property has been sold or leased shall not be
displayed for more than 30 days after it is erected.
2.5.5.1.3. Model home signs. One on-premises sign for model homes, approved in conjunction
with a temporary use permit in any zoning district not to exceed 32 square feet.
Model home sign copy shall be limited to the model name, builder's name, name and
address, phone number, price, logo, and model home. Model home signs shall not be
-- illuminated in any manner. (No building permit required.)
2.5.5.1.4. Construction signs. All supports for such signs shall be securely built, constructed,
and erected and shall be located on the site under construction, subject to the
following:
1. One ground or wall sign, with a maximum of four square feet in size, may be
used as a construction sign by the general contractor of the development or as
a permit board, within each front yard for each parcel less than one acre in
size. (No building permit required.)
2. One ground or wall sign, with a maximum of 12 square feet in size, may be
used as a construction sign by the general contractor of the development or as
a permit board, within each front yard for each parcel one to ten acre in size.
(No building pennit required.)
3. One grc, un~ pole $i_m't with a maximum height of 15 feet or wall sign, with a
maximum of 64 square feet in size, may be used as a construction sign by the
general contractor of the development or as a permit board, within each front
yard for each parcel in excess of ten acre in size.
,-- 4. One ground or wall sign, with a maximum of four square feet in size, may be
used as a construction sign by each contractor, lending institution, or other
similar company involved with the development, regardless ~f pa~ailullF,-tr~,~h~'
(No building permit required.)
JUN 16 1999
2
2.5.5.1.5. Residential directional or identification signs. Directional or identification signs no
greater than four square feet in size, and located internal to the subdivision or
development may be allowed subject to the approval of the planning services
director, or his designee. Such signs shall only be used to identify the location or
direction of approved uses such as models or model sales centers, club house,
recreational areas, etc. These signs may be cjustered together to constitute a sign with
a maximum area of 24 square feet and a maximum height of eight feet. Such
cjustered signs shall require a building permit. For signage to be located alone the
Golden Gate Parkway see division 2.2, section 2.2.21.1 and 2.2.21.6.2.
2.5.5.1.6. On-premises signs within residential districts. Two ground or wall residential
entrance or gate signs may be located at each entrance to a multi-family, single-
family, mobile home or recreational vehicle park subject to the following
requirements:
1. Such signs shall contain only the name of the subdivision, the insignia or
motto of the development and shall not contain promotional or sales material.
Said signs shall maintain a 15-foot setback from any property line unless
placed on a fence or wall subject to the restriction set forth in section 2.6.11.
2. The ground or wall signs shall not exceed a combined area of 64 square feet,
and shall not exceed the height or length of the wall or gate upon which it is
located.
2.5.5.1.7. Conditional uses within the residential and a~zricultural districts.
1. Conditional uses within the residential district are permitted one wall sign
with a maximum of 32 square feet. Comer lots are permitted two such wall
signs.
2. Conditional uses within the A_m'icultural district in the urban area, residential
arid Estates districts with a street frontage of 150 feet or more and a land area
of 43,560 square feet or larger are permitted a ground sign with a maximum
area of 32 square feet.
3. Bulletin boards and identification signs for public, charitable, educational or
religious institutions located on the premises of said institutions and not
exceeding 12 square feet in size. (No building permit required.)
4. The Board of County Commissioners may approve additional signage as may
be deemed appropriate during the conditional use approval process. -
2.5.5.2. Signs within non-residential districts:
JUN 16 1999
3
2.5.5.2,1. Un~ed sign plan. Where multiple on-premise si_m'ts are proposed for a single site or
project. or in the case of a shopping center or multi-use building. a unified signage
plan shall be employed. An application for site development or site improvement
plan approval shall be accompanied by a ~aphic and narrative representation of the
unified sig-nage plan to be utilized on the site. The unified si_m'~ plan may be amended
and resubmitted for approval to reflect style changes or changing tenant needs.
Design elements which shall be addressed in both ~aphic and narrative form
include:
Lo3 colors;
(b) construction materials and method;
ff,.) architectural desi_km:
(d) illumination method;
Le~ copy style:
f.D sign t.vpe(s) and location(s): and.
in the case of multi-use buildings. and parcels with multiple structures 011 ~ite,
including outparcels. the unified si_~n plan shall indicate conformante with
the following:
(1) No wall sign shall exceed 80 percent of the width of the unit(s)
occupied by a business with a minimum of ten percent clear area on
each outer edge of the unit(S);
~ All wall signs for multi-use buildings shall be located at a consistent
location on the building facade. except that anchor tenants may vary
from this locational requirement in scale with the anchor's larger
primary_ facade dimensions. All signs shall adhere to the dimensions
provided for in the unified signage plan; ~d
Pole signs shall provide a pole cover with architectural design
features. including colors and/or materials common to those used in
the desi_m't of the building the sign is accessory_ to. A minimum
square foot planting area shall be provided around the base of any
_m-ound or pole sign. consistent with the provisions of division 2.5, Of
this code (see Iljustration 16 below),
2.5.5.2.1.1. Outparcels. In addition to the above requirements. unified sig-n plans for outparcels.
regardless of the size of the outparcel. shall be limited to the following; AC.,E~A
4 JUN 16 1999
(a) a wall sign for any facade adjacent to a public right-of-way and a wall sign
for any facade facing the main commercial center with a maximum Of 60
square feet. not to exceed a maximum of two wall signs for any single use;
and,
(b) a single ground or pole sign for outparcels having a frontage of 150 feet or
more. not to exceed 60 square feet. Pole signs shall be limited to 15 feet in
height.
2.5.5.2.1.2. Building permit requests. Requests for building permits for permanent on-premise
signs shall adhere to the unified si_m~age plan. which shall be kept on file in the
community_ development and environmental services division. Requests to permit a
new sig-n. or to relocate. replace or structurally alter an existing sign shall be
accompanied by a unified sign plan for the building or project the sign is accessory_
to. Existing permitted signs may remain in place: however, all future requests for
permits. whether for a new sign. or relocation. alteration, or replacement of an
existing sign. shall adhere to the unified sign plan for the property.
2.5.5.2.4,. 2_.. Development standards.
1. Maximum allowable height. All signs within non-residential zoned districts
and as applicable to non-residential designated portions of PUD zoned
properties are limited to a maximum height of eight feet, except wall or pole
signs, or as otherwise provided for within this section. Height shall be
measured from the lowest centerline grade of the nearest public or.private
R.O.W. or easement to the uppermost portion of the sign structure.
2. Minimum setback. All signs within non-residential zoned districts and as
applicable to non-residential designated portions of PUD zoned properties
shall not be located closer than 15 feet from the property line, unless
otherwise noted below or as provided for in section 2.1.13.
2.5.5.2.1~3. Real estate signs.' The following signs classified as real estate signs shall be
permitted in non-residential districts subject to the following:
I. One ground or wall "For Sale," "For Rent," or similar sign with a maximum
area of f~'-'-r twelve square feet in size per street frontage for each parcel, or
lot less than one acre in size. (No building permit required.)
2. One ground or wall "For Sale," "For Rent," or similar sign, with a maximum
32 square feet in size, per street frontage for each parcel, or lot one to ten
acres in size. (No building permit required.) --~
AGENDA ITEM
JUN 16 1999
5
3. One gr-oamt pole sign with a IBa>iimum height of 15 feet or wall "For Sale,"
"For Rent," or similar sign, with a maximum of 64 square feet in size, per
street frontage for each parcel or lot in excess often acres in size.
4. Real estate signs shall not be located closer than 15 feet from any property
line. In the case of undeveloped parcels where the existing vegetation may
not allow the location of the sign 15 feet from the property line, the planning
services director may allow a reduction in the amount of the required setback
however, in no case shall said sign be located closer than five feet from any
property line unless authorized by the board of zoning appeals through the
variance process.
5. Real estate signs shall be removed when an applicable temporary use permit
has expired, or within seven days of any of the following conditions:
ownership has changed; or, the property is no longer for sale, rent or lease.
6. A sign advertising that a property has been sold or leased shall not be
displayed for more than 30 days after it is erected.
2.5.5.2.:3 4. Construction signs. All supports for such signs shall be securely built, constructed,
and erected and shall be located on the site under construction and no closer than 15
feet from any property line, and subject to the following:
1. One ground or wall sign, with a maximum of 12 square feet, may be used as a
construction sign by the general contractor of the development or as a permit
board, within each front yard for each parcel less than one acre in size. (No
building permit required.)
2. One ground or wall sign, with a maximum of 32 square feet in size, may be
used as a construction sign by the general contractor of the development or as
a permit board, within each front yard for each parcel one to ten acre in size.
('No building permit required.)
3. One gom:td pole sign with a maximum height of 15 feet or wall sign, with a
maximum of 64 square feet in size, may be used as a construction sign by the
general contractor of the development or as a permit board, within each front
yard for each parcel in excess of 10 acres in size.
4. One ground or wall sign, with a maximum of 4 square feet in size, may be
used as a construction sign by each contractor, lending institution, or other
similar company involved with the development, regardless of parcel size.
(NPR)
5. All construction signs must be removed prior to the issuance o
occupancy.
6 JUN 16 1999
2.5.5.2.-4 5. On-premise signs. On-premise pole signs, ground signs, projecting signs, wall signs,
and mansard signs shall be allowed in all nonresidentially zoned districts subject to
the restrictions below:
2.5.5.2.4 5.1. Pole or ground signs. Single-occupancy parcels, shopping centers, office complexes,
business parks, or industrial parks having frontage of 150 feet or more on a public
street, or combined public street frontage of 220 linear feet or more for comer lots,
shall be permitted one pole or two ground signs. Additional pole or ~ound signs
may be permitted provided that there is a minimum of a 1,000-foot separation
between such signs. and all setback requirements are met. In no case shall the
number of pole or ~ound signs exceed two per street frontage. In addition, multiple-
occupancy parcels such as shopping centers, office complexes, business parks, or
industrial parks containing 25,000 square feet or more of gross leasable floor area,
and eight of more independent businesses will be permitted one directory sign with a
maximum size of 250 square feet for a single entrance on each public street. When
directory_ si_m-t is proposed then pole or ~ound sign shall be limited to the name and
logo of the complex and shall not contain name of any tenant.
1. Maximum allowable sign area: 100 square feet for each pole or ground signs,
or a maximum combined area of 120 square feet for two ground signs, except
for approved directory signs.
2. Setbacks: 15 feet from any property line, public or private right-of-way, or
easement, unless otherwise noted below or as provided for in section 2.1.13.,
and with the exception of directory signs which may be located within the
medians of private streets or easements, provided that there is a minimum of
a 15-foot setback from all project boundaries and public right-of-ways and
easement, and their location presents no visual obstructions, or traffic hazards
to motorists or pedestrians, unless otherwise noted below or as provided for
in section 2.1.13.
3. The 15-foot setback requirement may be administratively reduced by a
maximum of ten feet by the planning services director upon submission of the
administrative variance fee and a written request. The planning services
director's decision to reduce the required 15-foot setback shall be based on
the following:
a) Where it can be demonstrated that within the adjacent right-of-way
the area between the property line and the edge of pavement is
excessively wide and that the actual paved area is unlikely to be
widened to the extent that reduction in the required setback will result
in the sign being any closer than 30 feet to the edge of pavement;
AG~)A ITEJ~
7 J U N 16 1999
2.5.5.2.4 5. On-premise signs. On-premise pole signs, ground signs, projecting signs, wall signs,
and mansard signs shall be allowed in all nonresidentially zoned districts subject to
the restrictions below:
2.5.5.2.4 5.1. Pole or ground signs. Single-occupancy parcels, shopping centers, office complexes,
business parks, or industrial parks having frontage of 150 feet or more on a public
street, or combined public street frontage of 220 linear feet or more for comer lots,
shall be permitted one pole or two ground signs. Additional pole or ground signs
may be permitted provided that there is a minimum of a 1.000-foot separation
between such signs. and all setback requirements are met. In no case shall the
number of pole or ground signs exceed two per street frontage. In addition, multiple-
occupancy parcels such as shopping centers, office complexes, business parks, or
industrial parks containing 25,000 square feet or more of gross leasable floor area,
and eight of more independent businesses will be permitted one directory sign with a
maximum size of 250 square feet for a single entrance on each public street. When
directory. sign is proposed then pole or ~ound sign shall be limited to the name and
logo of the complex and shall not contain name of any tenant.
1. Maximum allowable sign area: 100 square feet for each pole or ground signs,
or a maximum combined area of 120 square feet for two ground signs, except
for approved directory signs.
2. Setbacks: 15 feet from any property line, public or private right-of-way, or
easement, unless otherwise noted below or as provided for in section 2.1.13.,
and with the exception of directory signs which may be located within the
medians of private streets or easements, provided that there is a minimum of
a 15-foot setback from all project boundaries and public fight-of-ways and
easement, and their location presents no visual obstructions, or traffic hazards
to motorists or pedestrians, unless otherwise noted below or as provided for
in section 2.1.13.
3. The 15-foot setback requirement may be administratively reduced by a
maximum of ten feet by the planning services director upon submission of the
administrative variance fee and a written request. The planning services
director's decision to reduce the required 15-foot setback shall be based on
the following:
a) Where it can be demonstrated that within the adjacent fight-of-way
the area between the property line and the edge of pavement is
excessively wide and that the actual paved area is unlikely to be
--- widened to the extent that reduction in the required setback will result
in the sign being any closer than 30 feet to the edge of pavement;
AGEh~)A ITEM
JUN 16 1999
7
b) Where due to the existing site conditions and improvements, it can be
demonstrated that adherence to the required 15-foot setback will have
a deleterious effect on the safety of users of the site from the
perspective of vehicular parking and vehicular and pedestrian ingress
and egress;
c) Where due to the nature and location of existing landscape features
and/or specimen trees, it would be prudent to allow for a reduction in
the required setback so as to most appropriately locate the sign
structure; or,
d) The extent of the reduction is the minimum amount necessary to
provide relief from the applicable conditions cited above.
4. Maximum allowable height: 20 feet in height, except for directory signs as
permitted in section 2.5.5.2.4.1., which may be 25 feet in height. Height shall
measure from the lowest centerline grade of the nearest public or private
fight-of-way or easement to the uppermost portion of the sign structure.
5. The maximum size limitation shall apply to each structure. Pole or ground
signs may be placed back to back, side by side, or in V-type construction with
not more than one display on each facing, and such sign structure shall be
considered as one sign.
6. Spot or floodlights shall be permitted only where such spot or floodlight is
non-revolving and said light shines only on the owner's premises or signs and
away from any right-of-way.
-1-: Maxi,mu.m a!lo;:'able zie,-'~- area: 100 zquare .~et for eaz.h pole or
of a ! 5 ,root setba,~k _~c_--', all project bou::~a,'-i,ea a,-:~ public ,'-ig,h,t: c:'
2.5.5.2.4-3 5.2. Wall, mansard, canopy or awning signs. One wall, mansard, canopy or awning sign
shall be permitted for each single-occupancy parcel, or for each establishment in a
multiple-occupancy parcel. G-eme~ end units within
shopping centers, or single occupancy parcels where there is double frontage on a
public right-of-way, shall be allowed two signs, but such signs shall not be
fer--hh,~l~n~ o-f be olaced -~;-~ *h .... ~,;_~A .... on one wall. In addition,
outparcels within shopping centers may by allowed one additional sixty square feet
wall sign facing the shopping center if the additional sign is not oriented towards any
public right-of-way. In no case the number of wall signs for an outparcel can exceed
2 signs. Retail businesses with a floor area of larger than 15,000 square feet and a
front wall length of more than 200 linear feet, are allowed three wall signs; however,
the combined area of those signs shall not exceed the maximum allowable display
area for signs by this code.
1. The maximum allowable display area for signs shall not be more than 20
percent of the total square footage of the visual facade of the building to
which the sign will be attached and shall not, in any case, exceed 250 square
feet in area for any sign.
2.5.5.2.4:4 5.3- Projecting signs. Projecting signs may be substituted for wall or mansard signs
provided that the display area of the projecting sign shall not exceed 60 square feet of
display area.
1. Projecting signs shall not project more than four feet from the
building wall to which it is attached.
2. Projecting signs shall not extend above the roo~ine of the building to
which it is attached.
3. Projecting signs shall not project into the public right-of-way.
4. Projecting signs which project over any pedestrian way shall be
elevated to a minimum height of eight feet above such pedestrian way.
2.5.5.2.4-5 5.4. Under-canopy signs. In addition to any other sign allowed by this code, one under-
canopy sign shall be allowed for each establishment in a shopping center. This sign
shall not exceed six square feet in area and shall be a minimum of eight feet above
finished grade. Under canopy signs do not require a building permit unless the. sign is
equipped with an electrical component.
_
pg.....
2.5.5.2.5.5. Signage for automobile service stations:
The followings are the only signs allowed in automobile services stations and
convenience stores with gas pumps.
Window Signs - only signs showing the building address. hours of operation.
emergency telephone numbers. and acceptable credit cards are permitted.
(b) An illuminated corn_orate logo with a maximum area of twelve (12,1 square
feet shall be allowed on a canopy face which is adjacent to a dedicated street
or highway. Otherwise. accent lighting and back lighting is prohibited on
canopy structures.
(c) Pole signs are prohibited. however. one (1./~ound sign shall be permitted for
each site and shall be placed within a 200 square foot landscaped area. Height
is limited so that the top edge of the sign face is less than eight (8) feet above
_mrad¢. Maximum permitted area 70 square feet.
Illuminated signage. logos. advertising and information is prohibited above
gas pumps.
2.5.5.2.4-.-.~. 5.6. Signs within planned unit developments (PUDs), Pursuant to the purpose and intent
of this division, creative, flexible and uniform comprehensive sign plans providing
for size, location, type, and common architectural design standards, are encouraged
within all PUD zoning districts, and specifically required for PUDs containing in a
commercial component. Sign classes and sizes for planned unit developments should
be the same as the standards found within this code for the zoning district the
development most closely resembles, unless such planned unit developments have
--- comprehensive sign standards contained in the PUD document.
2.5.5.2.4~. 5,7, Flags, Residential properties that have been issued a certificate of oc~ upan~'t~~TEJ~
display up to three non-commercial flags. Three non-commercial f itgs ~
JUN 16 1999
11
p~. ~'/
displayed at the entrance of a commercial, office, industrial or residential
development. Where these developments have multiple entrances, any entrance may
have up to three flags each, provided: the development is at least ten acres in size,
any entrance with flags is providing ingress/egress only off a roadway that is
designated a collector or arterial in the traffic element of the growth management
plan, and all entrances with flags are at least 300 feet apart. Four additional flags may
be displayed within a development provided the flags are not visible to motorists
along any frontage roadways. The four internally displayed flags may be increased
by up to eight additional flags for maximum total of 12 flags with the amount of the
proposed increase to be determined by the planning services director, provided: all
proposed flags would not be visible to motorists along any frontage roadways and
the planning services director determines that the display of the extra flags is
essential to the theme and design of the development.
1. All flagpoles with a height in excess of 15 feet above finish grade or that
extend more than ten feet from any building that they are attached to shall be
subject to the building permit process. As a condition of permitting, the
flagpole foundation or attachment shall be designed by a Florida registered
engineer on a signed and sealed drawing showing construction details and
maximum flag area that is supportable. Certified designing and sealing shall
not be required where flagpoles are located at a distance exceeding their
height plus five feet from all structures (except those designed solely for
storage), property boundaries, utility lines and poles, and pedestrian/vehicular
accessways and roadways open to the general public or the residents of that
community.
2. On single-family or duplex lots flagpoles shall not exceed 30 feet in height
above finished grade. For all other residential zoned parcels, flagpoles shall
not exceed 35 feet in height from the finished grade or extend more than 20
feet from any building to which they are attached. In the estates, agricultural
or conservation districts flagpoles shall not exceed 35 feet in height above
finished grade. In all other zoning districts, flagpoles shall not exceed 50 feet
in height from the finished grade, nor extend more than 20 feet from any
building to which they are attached, nor shall the width of the flag exceed 30
percent of the length of the pole to which it is attached.
3. All flags in all zoning districts shall have a minimum of 5 foot setback frQm
all property_ lines.
2.5.5.2.4~. 5.8. Temporary signs. The erection of any temporary sign shall require permitting as
established within section 2.6.33 unless otherwise indicated herein. Applicants for
temporary sign permits shall pay the minimum fee established for said permit. -
Temporary signs shall be allowed subject to the restrictions imposed by thi~ ~or~tiOll .....
and other relevant parts of this code.
JUN 16 1999
12
2.5.5.2.4:9~. 5.8.1. Political signs. Political campaign signs and posters shall be permitted subject
to the following requirements:
1. Prior to the erection, installing, placing, or displaying of a political sign a
bulk temporary permit shall be obtained. The permit number shall appear on
every sign or on the pole supporting the sign. The fee for said bulk permit
shall be as adopted by resolution by the board of county commissioners.
2. Political campaign signs or posters within residentially zoned or used
property shall not exceed four square feet in size, and shall not be located
closer than five feet to any property line. Political signs placed within
residential districts shall require written permission from the property owner.
3. Political campaign signs or posters will be permitted in all other zoning
districts within a maximum copy area of 40 square feet per sign, and shall be
located no closer than 15 feet to any property line. The number of such signs
shall be limited to two signs for each lot or parcel per bulk permit issued for
each candidate or issue.
4. All supports shall be securely built, constructed and erected to conform with
~ the requirements of this code.
5. The maximum height of any political campaign sign or poster, except those
that may be affixed to a wall, shall be limited to eight feet.
6. Political signs shall be erected not more than 60 calendar days prior to an
election or political event, and shall be removed within seven calendar days
after the election, event, or after the campaign issue has been decided.
2.5.5.2A.9.2. 5.8.2. Grand opening signs. An occupant may display an on-site grand opening sign
not exceeding 32 square feet on a
.... , .................e, ,~ square .......... The
banner sign shall be anchored and may be displayed on-site for a period not
exceeding 14 days within the first three months that the occupant is open for
business.
2.5.5.2.4,0-3:. 5.8,~, Special events signs. A special events sign not exceeding 32 square feet in size
may be displayed to announce or advertise such temporary uses as fairs, carnivals,
circuses, revivals, sporting events, or any public, charitable, educational event. Such
sign shall be located no closer than 15 feet to any property line. Such signs shall
require a building permit.
-"- 2.5-5-2-A~-10. $,9, Special purpose signs (on-site). Due to the unique and varied nature of the
following uses, additional signs may be required to provide the desired level of
service to the public. Special purpose signs shall be permitted as follows "~ii!UbA ~TF_.~'~
2.S.L2.~ 5.9. ]. ~im~ ~n~ t~mperat~re ~ign~. One t~me ~d tempeTatu~e si~ ha~ing a surface
~e~ not exceeding ~ 12 squ~e ~eet shah be petitted at each indust~a],
co~e~cia] o~ other non-msidentialiy zoned p~ope~. Such si~s may be ~ffixed to
the st~c~m o~ a pole o~ ~ound si~. Such si~ shah require a building petit.
2.S.S.2.~ 5. 10. Commercial, ~3in~33 ~r~ gn~ i~3tri~] ~ireczion~i or i~t~c~zio~
Dimctionai o~ identification si~s no ~eate~ th~ six squ~e ~eet in size, ~d ]ocated
inte~a] to the subdivision o~ development and with a minimum setback o~ 15 ~eet,
may be allowed subject {o the approval o~ the co~unit~ devdopment ~d
en~im~enta] se~ices administrator, or his desi~ee. Such si~ shah only be ~sed to
identi~ the location o~ direction o~ appmved uses such as sales centers,
centers, o~ the individual components o~ the development, directiona]
identification si~s maintaining a common a~chitec~ra] theme maybe combined into
a single si~ not to exceed six ~eet in height ~d 64 squ~e ~eet in ~m~. Such si~s
shah ~ require a building petit. For silage to be located along t~e Go]den
Gate ~a~ay, see division 2.2, sections 2.2.21.1 ~d 2.2.21.6.2 ~d the Golden Gate
Master ~]an. Logos Qn aH dimctiona] si~s shah not exceed 20 pement o~ the si~
2.5.5.2.~ ~.1]. On-pr~mi~ $i~ wi~i~ ~gric~lt~r~l ~i~lric~$. On-promises si~s shah be
petitted within a~cul~mHy zoned o~ used pmpe~, ~o~ a~-co~eTcia] uses
defined within t~e Col]~e~ Count~ zoning ordinance onZ~, ~d subject to the
~oHow~ng restfictions:
2.S.S.2.4.1 ~ .I.S.] ].]. One pole o~ ~ound si~ identi~ing the ~ o~g~ization, ]ocated at the
entr~ce o~ gate o~ each street ~ontage, and only ~o~ periled ~cultur~] uses.
maximum allowshie si~ ~ea fo~ each pole o~ ~o~d si~ shah not exceed 100
square ~eet with a ~imum height not exceedin~ 20 ~eet, ~d shah be 1oc~ted
minimum of ]~ ~eet from ~y p~ope~ lines, public o~ p~te ~ght-o~-w~y
easement.
2.5.5.2.~. 11.2.5.11.2. Seasonal farm si~s (on-site). One tempor~ pole or ~ound si~ identi~ing
the faro, f~ org~ization, entice, or gate not exceeding 40 squ~e feet in area.
T~s si~ shall be used to identi~ tempor~ a~cul~al offices so as to expedite the
exportation of crops to v~ous p~s of the county. Such si~s shall be pemitted for
a period not to exceed 30 days ~d may be issued only ~ice in ~y calend~ ye~.
Such si~s shall require a building petit.
2.5.5.2.~.! 1.2.5.11.3. U-Pic si~s. One U-Pic si~ located at the entice ~~~iii
frontage. The m~imm allowable si~ ~ea for each U-Pic si~ shall nc x ~
3 U N 1 $1999
~4
square feet, and shall be located a minimum of 15 feet from any property line, public
or private fight-of-way or easement.
2.5.5.2.4=M-~. 5.11.4. Wall, mansard canopy or awning signs within agricultural districts. Wall,
mansard, canopy or awning signs shall be permitted within agriculturally zoned or
used property, for agri-commercial uses defined within the Collier County zoning
ordinance only, and subject to the following restrictions:
1. One wall or mansard, canopy or awning sign shall be permitted for each
principal use structure on the parcel. Comer parcels or double-frontage
parcels shall be allowed one sign per street frontage, but such signs shall not
be combined for the purpose of placing the combined area on one wall. The
maximum allowable display area for any sign shall not be more than 20
percent of the total square footage of the wall to which it is affixed, and shall
not in any case exceed 250 square feet in area per sign.
2.5.5.2./I.12. 5.12. Off-premises directional signs. Off-premises directional signs are permitted
subject to review and approval of the design and location of such signs by the
community development and environmental services administrator, or his designee,
if the following retirements are met:
1. Off-premises directional signs shall only be permitted in nonresidentially
zoned, or agricultural districts.
2. No more than two one sided or one double sided off-premise directional signs
shall be permitted, identifying the location and nature of a building, structure,
or use which is not visible from the arterial roadway serving such building,
structure, or uses, provided:
1. Each sign is not more than 12 square feet in area "':*~' a -;-~ faced
2. The sign is not more than eight feet in height above the lowest center
grade of the arterial roadway.
3. The sign is located no closer than 15 feet to any property line.
4. The applicant must submit with the permit application notarized,
written permission from the property owner where the off-site sign is
located.
---- 5. The sign shall only be located within 1,000 feet of the intersection of
the arterial roadway serving the building, structure, or use.
AGENDA ITEM
P~. ~
:3ft. Off-premises directional signs shall not be located closer than 50 feet
from a residentially zoned district.
47. Off-premises directional signs shall not be located closer than 100 feet
from another off-premises directional sign.
2.5.5.2.4:-t-3~. 5.13. Illuminated signs. All illuminated signs shall have electrical components,
connections, and installations that conform to the National Electrical Code, and all
other applicable federal, state, and local codes and regulations. Further, lighted signs
shall: be shielded in such a manner as to produce no glare, hazard or nuisance to
motorists or occupants of adjacent properties; not be reflective or phosphorescent;
have a steady non fluctuating or nonundulating light source.
Sec. 2.5.6. Signs exempt from permitting.
In addition to those signs identified elsewhere in this code, the following signs are
exempt from the permit requirements of this code, and shall be permitted in all
districts subject to the limitations set forth below:
2.5.6.1. Signs required to be maintained or posted by law or governmental order, rule, or
regulation.
2.5.6.2~ On-premises directional signs, not exceeding fc'.'-r six square feet in area, intended to
facilitate the movement of pedestrians and vehicles within the site upon which such
signs are posted. On-premises directional signs shall be limited to 2 at each vehicle
access point and a maximum of 4 internal to the development. Internal signs are not
intended to be readily visible from the road.
2.5.6.3. One identification sign, professional nameplate, or occupational sign for each
professional office, or business establishment not to exceed two square feet in sign
area and placed flush against a building face or mailbox side, and denoting only the
name of the occupant and, at the occupant's election, the occupant's prof-~ss4om~
profession or specialty and/or the street address of the premise.
2.5.6.4. Memorial plagues, cornerstones, historical tablets, and similar types of
commemorative signs when cut into any masonry surface or when constructed of
bronze or other noncombustible materials.
2.5.6.5. "No Trespassing," "No Dumping," or other prohibitory or safety type signs, provided
each sign does not exceed t-:,'c, three square feet in size.
2.5.6.6. One ground or wall "For Sale," "For Rent," or similar sign per sweet frontage for
each parcel, or lot less than ten acres in size. --
JUN 16 1999
16
Pg. ~'~
2.5.6.7. One on-premises sign for model homes, approved in conjunction with a temporary
use permit in any zoning district.
2.5.6.8. One on-premises open house sign not to exceed four square feet in size. Such sign
shall not be located within 15 feet of any property line, right-of-way or access
easement.
2.5.6.9. Bulletin boards and identification signs for public, charitable, educational or
religious institutions located on the premises of said institutions and not exceeding
12 square feet in size.
2.5.6.10. Signs located on fences or walls surrounding athletic fields, or within sports arenas,
stadiums and the like, not to exceed 32 square feet in size, per sign. Signs shall be
oriented along the fence or wall to face the field(s) or playing area, and away from
any adjacent public or private roads.
2.5.6.11. Traffic control and safety signs or other municipal, county, state or federal signs,
legal notices, railroad crossing signs, danger signs and such temporary emergency
signs when erected by an appropriate authority.
2.5.6.-1-3 12. Window merchandise displays which are changed on a regular basis, meaning no less
frequently than every 30 days.
2.5.6.44 13. Window signs not exceeding 25 percent of hhe-temt each window area.
2.5.6.4-514. Signs located at the entrance drive of residences located upon 2.25-acre lots or
greater, displaying the name and address of the resident and not exceeding four
square feet in area.
2.5.6.-1-6 15. Flags, or insignias of governmental, religious, charitable, fraternal or other nonprofit
organizations when displayed on property owned by or ]eased to said organization.
Non-commercial flags that will be flown on a flagpole that does not exceed 15 feet in
height above finish grade or extend more than ten feet from any building they are
attached to, are allowable if the number of flags displayed does not exceed those
described in section 2.5.5.2.3.8 and the flagpoles do not require a certified design or
be sealed by a Florida registered engineer as described in section 2.5.5.2.3.8.
~-- 2.5.6.-I-7-]6. Advertising and identifying signs located on taxicabs, buses, trailers, trucks, or
vehicle bumpers, provided such sign does not violate section 2.5.7 of this code.
AC1ENDA ITEM
2.~.6.~ 1~. R~]]~ious displays that do not consfi~t~
dctc~in~d to b~ l~ss th~ a substantial ~mprovem~nt.
2. ~.6.~ ]~. Copy ch~es rot shopp~D~ c~t~r,
ch~es or copy, or ~ spccffic~lly des~d for ch~s or copy.
2.~.6.~ 2~. One ~ound or wail si~ may b~ used ~ a const~ction si~ by the ~cn~ra] contractor
or thc development, within e~ch ~ont yard ror c~ch p~cel less th~ t~n a~r~ ~ size
2.5.6.~ ~. T~mpora~ si~s in conjunction with ~n approv~d t~mpor~ use p~it.
Scc. 2.5.7. Prohibkcd si~s.
]t shall be uD]awru] to ~r~ct, caus~ (o b~ ~r~ct~d, maintain or caus~ to bc maintained,
~y s~gn not ~xpr~ssly autho~z~d by, or ~xcmpt~d ~om this code. The follow~n~
s~s ~r~ ~xpr~ssIy prohibited:
2.5.7.1. S]~s which ~r~ ~n violation or th~ buildinB code or el~ct~cal code ~dopt~d by
Collier County.
2.5.7.2. Ab~doncd s~s.
2.5.7.~. ~imat~d or activated s~s, ~xc~pt
2.5.7.4. Flashing si~s. Elec~onic reader bonds
2.~.7.5. Rot~tin~ si~s or displays.
2.5.7.6. Illminated si~s in ~y residentially zoned or used district, except residential
identification si~s, residential n~eplates, ~d s~eet si~s that ~e illuminated by
soft or muted li~t. Nomesidential uses wit~n residentially used or zoned district by
provisional use, P~ ordin~ce, or as othe~ise provided for within the zoning
ordin$ce, shall be allowed the use of illuminated si~s, subject to the approval of
the co~uni~ se~ices a~inis~ator or his desi~ee.
2.5.7.7. Si~s located upon, within, or othe~ise encroac~ng upon co~ or public rights-
of-way, except ~ may be pemi~ed under the provisions of Ordin~c,
as amended, and those erected by a governmental agency or rehired to be erected by
a governmental agency.
2.5.7.8. Billboards.
2.5.7.9. Strip lighted signs.
2.5.7.10. Neon type signs except within all commercial and industrial districts.
2.5.7.11. Roof signs.
2.5.7.12. Portable signs.
2.5.7.13. Signs which resemble any official sign or marker erected by any governmental
agency, or which by reason of position, shade or color, would conflict with the
proper function of any traffic sign or signal, or be of a size, location, movement,
content, color, or illumination which may be reasonably confused with or construed
as, or conceal, a traffic control device.
State law reference(s)--Display of unauthorized traffic signs, signals or markings,
F.S. § 316.077.
2.5.7.14. Signs, commonly referred to as snipe signs, made of any material whatsoever and
attached in any way to a utility pole, tree, fence post, stake, stick or any other object
located or situated on public or private property, except as otherwise expressly
allowed by, or exempted from this code.
2.5.7.15. Wind signs (except where permitted as part of section 2.5.5 and 2.5.6 of this code).
2.5.7.16. Any sign which is located adjacent to a county right-of-way within the
unincorporated areas of the county which sign was erected, operated or maintained
without the permit required by section 2.5.12 having been issued by the community
development services administrator or his designee shall be removed as provided in
section 2.5.7. Such signs shall include but are not limited to structural signs,
freestanding signs, [and] signs attached or affixed to structures or other objects.
2.5.7.17. Any description or representation, in whatever form, of nudity, sexual conduct, or
sexual excitement, when it:
2.5.7.17.1. Is patently offensive to contemporary standards in the adult community as a whole
with respect to what is suitable sexual material for minors; and
2.5.7.17.2. Taken as a whole, lacks serious literary, artistic, political, or scientifi value.
2.5.7.18. Any sign which:
JUN 16 1999
19
2.5.7.19. Emits audible sound, vapor, smoke, or gaseous matter.
2.5.7.20. Obstructs, conceals, hides, or otherwise obscures from view any official traffic or
government sign, signal, or device.
2.5.7.21. Employs motion, have visible moving parts, or gives the illusion of motion
(excluding time and temperature signs).
2.5.7.22. Is erected or maintained so as to obstruct any fire fighting equipment, window, door,
or opening used as a means of ingress or egress for fire escape purposes including
any opening required for proper light and ventilation.
2.5.7.23. Constitutes a traffic hazard, or detriment to traffic safety by reason of its size,
location, movement, content, coloring, or method of illumination, or by obstructing
or distracting the vision of drivers or pedestrians.
2.5.7.24. Signs mounted on a vehicle, be it the roof, hood, trunk, bed, and so on, where said
sign is intended to attract or may distract the attention of motorists for the purpose of
advertising a business, product, service, or the like, whether or not said vehicle is
parked, or driven, excluding emergency vehicles, taxi cabs, and delivery vehicles,
where a roof mounted sign does not exceed two square feet. This section shall not
apply to magnetic type signs affixed to or signs painted on a vehicle, provided said
vehicle is used in the usual course of operation of a business. and which are not
otherwise prohibited by this code. It shall be considered unlawful to park a vehicle
and/or trailer with signs painted. mounted or affixed. on site or sites other than that at
which the firm. product. or services advertised on such signs is offered.
2.5.7.25. Uses flashing or revolving lights, or contains the words "Stop," "Look," "Danger," or
any other words, phrase, symbol, or character in such a manner as to interfere with,
mislead, or confuse vehicular traffic.
2.5.7.26. Any sign which advertises or publicizes an activity not conducted on the premises
upon which the sign is maintained, except as otherwise provided for within this code.
2.5.7.27. No sign shall be placed or permitted as a principal use on any property, in any zoning
district except as follows: U-Pic signs, political signs or signs approved by temporary
permit pursuant to the time limitations set forth herein.
2.5.7.28. Inflatable signs.
2.5.7.29. Accent lighting as defined in this code, ^,,,u_;.. ,4 ...... ,~ ,,,:_,~ ........~ ,~
AGEJtDA ITEM
.
2.5. LDC AMENDMENT/CB/md
JUN 16 1999
21
,,,,.
ORIGIN: Current Planning
AUTHOR: Chahram Badamtchian, AICP
LDC PAGES: 2:114.2-2:114.40
LDC SECTION: 2.6.4.
CHANGES: Add requirements for open sided carports within the required yards.
REASON: In the past few months staff has processed several variance request for open
sided carports for commercial and residential districts. Due to the minimal impact open sided
carports have on adjacent properties they were all approved with similar stipulations for enhanced
landscaping. This amendment will allow open sided carports within the required yards provided that
they do not encroach into the required landscape buffer and the landscaping is upgraded to comply
with the requirements of the LDC to the greatest extent possible.
FISCAL AND OPERATIONAL IMPACT: None.
RELATED CODES AND REGULATIONS: None.
Amendment to the LDC as follows:
Sec. 2.6.4.- Exceptions to required yards.
2.6.4.1.4. Fire escapes. stairways, and balconies which are unroofed (except as otherwise
permitted within this Section)and unenclosed shall not project over five feet into a
required side or rear yard and three feet(3') into a front yard of a multiple-family
dwelling, hotel or motel and not over three feet into a required front, side or rear yard
of a single-family residential dwelling.
2.6.4.1.5. Hoods, canopies, or roof overhangs shall not project over three feet into a required
yard, but shall not come closer than one foot to the lot line.
2.6.4.1.6. Fences, walls and hedges, subject to section 2.6.11, and pad-mounted air
conditioners are permitted in required yards, subject to the provisions of section
2.4.4.13.
2.6.4.1.7. Cornices, eaves or gutters shall not project over three feet into a required yard,
provided that where the required yard is less than six feet in width, such projection
shall not exceed one-half the width of the yard.
AGENDA ITEM
I JUN 16 1999
P,~.. ~c~--
2.6.4.1.8. Except as provided in section 2.6.1, nothing in this zoning code shall be so construed
as to prohibit landscaping.
2.6.4.1.9. Except as otherwise provided by this land development code, when lots on both sides
of an undeveloped recorded lot contain a residential structure whose front yard
setback is less than is now required. the average of the setbacks of the two
contiguous developed lots shall serve to establish the minimum front yard
requirement for the vacant lot.
2.6.4.1.t0. Carports which are open on all sides may encroach into the required yards provided
they do not encroach into the required landscape buffers. as required by this Code;
and furthermore, if the landscaping is deficient where the carports are proposed, the
landscaping must be upgraded to comply with the LDC requirements to the greatest
extent possible prior to the issuance of a building permit for said carports. This shall
be accomplished by an Site Development Plan amendment or an Site Improvement
Plan approval.
2.6.4. LDC A~MENDMENT/CB/md
JUN 16 1999
2
ORIGIN: Current Planning
AUTHOR: Fred Reischl
DEPARTMENT: Planning Services
LDC PAGES: 2:181-2:183
LDC SECTION: 2.6.10
CHANGE: Staff is proposing an amendment to the Locational Restrictions for Use Involving
Intoxicating Beverages, which removes the distance requirement for restaurants, private clubs,
golf clubs, country clubs, civic or fraternal clubs, and motels/hotels with over 100 guest rooms.
The requirement will remain in effect for establishments whose primary purpose is the sale of
alcoholic beverages for consumption on premises (bars, lounges, etc.). The amendment also
proposes allowing bars to apply for a distance waiver from other bars, an option the Code
currently does not allow.
REASON: Currently, Code Enforcement personnel physically measure distances for all
businesses proposing consumption of alcoholic beverages on premises. Proposed restaurants that
are found to be in violation of locational restrictions can apply to the BZA for a waiver. A
review of waivers since 1991 indicates that the BZA has approved all seven waiver requests for
restaurants. Staff therefore recommends that the locational requirements only apply to
businesses serving alcoholic beverages as their primary business (bars, lounges, etc.).
FISCAL & OPERATIONAL IMPACTS: Approval of this amendment would reduce staff
time spent in the Code Enforcement and Planning Services Departments on processing alcoholic
beverage licenses. The number of waiver petitions processed by Planning Services staff and
heard by the BZA would be greatly reduced (along with the $425 application fee). Restaurant
applicants would save time and the application fee.
RELATED CODES OR REGULATIONS: Collier County Code of Laws & Ordinances,
Chapter 6: Section 6-1 Hours of Sale; Section 6-2 Exposure of private parts at establishments
selling alcoholic beverages; Section 6-3 Possession or consumption in public.
Amend the LDC as follows:
Sec. 2.6.10. Locational restrictions for .... : ....h,;._ ;_,~v;~.,:__ businesses serving
alcoholic beverages.
2.6.10.1. Sale of alcoholic beverages. The ~:*~ '~ .... ~ .......... ; .... Planning
Services ~tDirector, or his designee, may authorize the sale of alcoholic
beverages for consumption on-premises subject to com!~liance with all
zoning restrictions and the following locational criteria: A~ ~IEM
2.6. I0.1.I. No such use shall be located within 500 feet of any established
-- elementary, middle or high school, child care center, public library.,
church, public park, or public playground, unless a waiver of said distance
requirement is granted by a bBoard of EZ_oning aAppeals resolution
pursuant to section 2.6.10.3. This does not include beach access points.
The distance of 500 feet shall be measured as the shortest distance
between the lot on which the school, child care center, public library,
church, public park or public playground is located and the lot on which
the alcoholic beverages are to be sold, except that establishments located
in shopping centers shall be measured to the outer wall of the
establishment.
2.6.10. 1.2. No such use shall be located within 500 feet of any existing establishment
whose primary function is the sale of alcoholic beverages for consumption
on-premises.
The distance of 500 feet shall be measured as the shortest distance
between the lot on which the existing establishment is located and the lot
on which the alcoholic beverages are to be sold, except that establishments
located in shopping centers shall be measured to the outer wall of the
establishment.
2.6.10.1.3. The erection of any school, child care center, public library, church, public
park or public playground within 500 feet of an establishment which offers
the sale of alcoholic beverages for consumption on-premises shall not
cause such establishment to become nonconforming.
2.6.10. 1.4. The applicant shall submit a site plan showing the following:
1. Dimensions of subject premises;
2. All vehicular points of ingress and egress; and
3. Compliance with all requirements of this code including
landscaping, off-street parking, buffer areas, and location and size
of all signs.
2.6.10.2. Expiration of zoning approval. The ~ Planning sServices
dDirector's approval for the sale of alcoholic beverages for consumption
on-premises, granted pursuant to this section, shall expire after the
following periods of time and shall thereafter become null and void:
2.6.10.2.1. In the case of an existing structure, zoning approval shall expire six
months from the date of approval unless, within that ~eriod of time,
operation of the alcoholic beverage establishment has cot ~xnenced. For
purposes of this section, operation shall be defined as the sa of
beverages in the normal course of business. ~--
JUN 16 1999
2.6.10.2.2. In the case of a new structure. zoning approval shall expire one year from
the date of approval unless, within that period of time, operation of the
alcoholic beverage establishment has commenced. However, if substantial
construction is completed. the ~ Planning sServices 4Director
may grant one extension for up to six months.
2.6.10.3. tiWaiver of distance requirement.] The bBoard of ~_oning aA_ppeals may,
by resolution, grant waiver of part or all of the minimum distance
requirement set forth in section 2.6.10.1.1 if it is demonstrated by the
applicant and determined by the bBoard of ~_Z_oning aA_ppeals that the site
proposed for the sale and consumption of alcoholic beverages is separated
from an established business whose primary function is the sale of
alcoholic beverages for consumption on premises, school, child care
center, public library, church, public park or public playground by natural
or manmade boundaries, structures or other features which offset or limit
the necessity for such minimum distance requirement. The bBoard of
~_.Z_oning aAppeals'_ decision to waive part or all of the distance
requirement shall be based upon the following factors:
2.6.10.3.1. The nature and type of natural or manmade boundary, structure or other
feature lying between the proposed establishment and an existing school.
child care center, public library, church, public park or public playground
which is determined by the bBoard of ~Z_oning aA_ppeals to lessen the need
for the total 500-foot distance requirement. Such boundary, structure or
other feature may include, but not be limited to, lakes, marshes,
nondevelopable wetlands, designated preserve areas, canals, and major
rights-of-way.
2.6.10.3.2. The paths of vehicular and pedestrian traffic which could be taken between
the establishment and the school, child care center. public library, church.
public park or public playground.
2.6.10.3.3. The hours of operation and the noise and light which could potentially be
generated from the premises selling alcoholic beverages.
~ ........... a ~ma~ ..... Prior to consideration of such waiver by the
b~o~d of ~oning ~ppeals, the applic~t shall provide to the
~ Pla~ing s~e~ices ~irector a ~nen application for waiver
of the distance limitation on ~ application fore supplied by the
~ Pla~ing s~e~ices ~irector, including a legal description of
all applicable stmc~es ~th a s~ey or bo~d~ sketch to scale, $d
such other info~ation which the applicant c~ supply which would assist
the b~o~d of ~oning ~ppeals in its evaluation p~su~t to the factors
set forth above. Upon receipt of the applic~t's applica ~ion ~~
applicable application fee established by the b~o~d of ~ounty~
eCommissioners, a public he~ng date shall be schedule fl before the
3 JUN 16 1999
bBoard of ~_Z_oning aAppeals for a determination on the proposed waiver.
The applicant shall notify, by certified mail, the owners or representatives
of the subject school, child care center, public library, church. public park
or public playground, of the application at least 15 days prior to the public
hearing; and evidence of such notification shall be supplied to the
de,/elo~m,~ Planning sServices ~Director.
2.6.10.4. [Exemptions fi'om distance requirement.~} The following uses shall be
exempted from the diztance !imitathvnz requirements of section 2.6.10. 1 .2
2.6.]0.4. l. Any restaurant deriving at least 5] percent of its gross revenue from the
sale of food and nonalcoholic beverages.
2.6. ] 0.4.2. An}' motel and/or hotel with ] 00 or more guestrooms.
2.6. | 0.4.3. Any private dub, golf club, countO' club, civic or fraternal club may serve
alcoholic beverages for consumption on-premises when such service is
incidental to the main use and for the exclusive use of the members,
tenants and/or guests of the facility.
2.6.]0.5. {-Statement of gross receipts.] Any owner or operator of an establishment
approved under this section to sell any alcoholic beverages for
consumption on-premises shah upon written demand of' the
Planning s_Services {tDirector, make or cause to be made under oath a
statement itemizing what percentage of his gross receipts are from the sale
of alcoholic beverages.
(Ord. No. 92-73, § 2; Ord. No. 93-89, § 3)
Code reference--Alcoholic beverages, ch. 6.
2.6.10/FRs'LDC Cycle I - 1999/h:drive
AGENDA I'rf_M"""'
No,.. ~
JUN 16 1999
ORIGIN: Community Development & Environmental Services
AUTHOR: Ross Gochenaur, Planner II
DEPARTMENT: Planning Services
LDC PAGE: 2:183 -2:185
LDC SECTION: 2.6.11. Fences
CHANGE: 1) Amend language to clarify fence height restrictions; 2) Standardize minimum
area requirements for fence heights on residential lots; 3) Standardize fence heights in
Agricultural zoning.
REASON: 1) Certain language within this section of the LDC is difficult to understand,
particularly as regards fence heights on comer lots relative to safe sight triangles at intersections.
The changes would clarify this language, as well as other ambiguous language. 2) Fence height
restrictions relative to the area of residential lots are currently based on parcel minimum area of
either 1 acre or 1.25 acres. The changes would standardize restrictions at either less than, or
greater than, one acre. 3) The fence height restrictions which apply to Agricultural zoning make
an unnecessary distinction between future urban and future rural areas. The changes would
eliminate that distinction and standardize maximum height in both areas.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
Sec. 2.6.11. Fences.
2.6.11.1. Fences in residential districts. Fences or walls shall be allowed in all zoning
districts subject to the restrictions set forth in section[s] 2.6.11.2--2.6.11.5.
2.6.11.2. Residential districts. For the purposes of this section, residential districts shall
include: RSF residential single-family; RMF-6, RMF-12, and RMF-16 residential
multiple-family; RT residential tourist; VR village residential; MH mobile home;
TTRVC travel trailer-recreational vehicle park campground; and residential
increments of PUD residential planned unit development districts. Fences and
walls placed within required yards shall be subject to the following:
2.6.11.2.1. Fences ......
A(3ENDA ITEM
JUN 16 1999
~'~:"~+ interior '~+~ or tbxee c~+ ....... ,~+~ Fences or walls on all lots
greater than one acre in area may reach a maximum height of 6 feet.
I~ in ~z~ ~!1 ~ H~k~ *~; .... ;~* :~ ~:~* For non-waterfront interior lob
on~ acre or l~ss in ~ea~ ~nces or walls may reach a maximum h~i~ht
sid~ ~d mar yards. ~ut am limited to ~ Y~t within the r~uimd ~ront
2 6 11.2.3. ~.~ _,: .......... ; ....;~ ,:~ o~ ~: ....... ~_~,.,
ar ex sis s~c,~ 8s a ...... ~ ........... , ..... ~ ............. F
For waterfront lots one acre or less in ~ea, height limits ~e as for non-waterfront
lots, but with the additional restriction that fences or wails within the required rear
yard are limited to 4
2.6.11.2.4. For comer lots one acre or less in area, which by definition have on]v front yards
and side yards, any portion of a front y~d fence within the safe sight triangle
described in section 3.2.8.3.22 is restricted to 3 feet in height. (Two sides of this
t~gl¢ extend 30 feet along the propeay lines from the point where the right-of-
way lines meet, and the third side is a line co~ecting the other two.)
2.6.]1.2.5. B~bed wire, r~or wire, spire tips, sha~ obiects, or electrically ch~ged fences
shah be prohibite& except that the bo~d of zoning appeals may allow the use of
barbed wire in coniunction with chainli~ fencing for facilities where a securiW
h~ard may exist, such as a utility substation, sewage treatment plant, or similar
HSe.
2.6.11.3. Agricultural districts. For the purposes of this section, agricultural districts shall
include: A agricultural; E estates; and CON conservation districts. Fences and
walls within agricultural districts shall be exempt from height and type of
construc on exce t,hat agricu!mrally zoned rc c
and located "';*~': .... ~. ~o;~.~,~ ....... d.~ ~ ..... ,..~ .... map of
2.6.1 1. LDC AMENDMENT/RG/md
2 JUN 16 1999
ORIGIN: Community Development & Environmental Services
AUTHOR: Ross Gochenaur, Planner II
DEPARTMENT: Planning Services
LDC PAGE: 2:189 and 2:190
LDC SECTION: 2.6.21. Dock Facilities
CHANGE: 1) To delete last sentence in Section 2.6.21.1., which describes boathouses on
residentially zoned property as a conditional use; 2) To add language indicating that any
covered structure erected on a dock shall require approval through the procedure and criteria in
Section 2.6.21.3. (Dock facility extension; boathouse establishment criteria) and 2.6.21.4.
(Boathouse requirements).
REASON: 1 ) This sentence was erroneously not deleted following previous amendment of this
section; 2) Any covered structure erected on a boat dock has the same basic impact as a
boathouse, and should be subject to the same restrictions. It has been staff's policy to treat
covered structures in this manner in the past, and this change would formalize that policy.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
Sec. 2.6.21. Dock facilities
2.6.21.1. Individual or multiple private docks, including mooring pilings, davits. lifts and
the like are permitted to serve the residents of a development on canal or
waterway lots, provided they do not protrude more than the respective distances
specified in sections 2.6.21.2, and 2.6.21.3, for such canal or waterway. Docks
and the like are primarily intended to adequately secure moored vessels and
provide safe access by users for routine maintenance and use while minimally
impacting the navigability of the waterway, the native marine habitat, manatees,
and the use and view of the waterway by surrounding property owners. Permitted
dock facility protrusions as well as extension of dock facilities are measured from
the property line, bulkhead line, shoreline, seawall, rip-rap line, or Mean High
Water line, whichever is more restrictive. On unbridged barrier islands, a boat
dock shall be considered a permitted principal use; however, a dock shall not, in
any way, constitute a use or structure which permits, requires, and/or provides for
any accessory uses and or structures. Boathouses and dock facilities proposed on
residentially zoned properties as defined in section 2.1.4 of this Co&
considered an accessory use or structure. Boathouses shall be requi :ed ~. be cz~
J U N 16 1999
approved through the procedure and criteria in section 2.6.21.3 and 2.6.21.4. In
addition, any covered structure erected on a private boat dock shall also be
considered an accessory use, and shall also be required to be approved throu.~,h the
procedure and criteria in section 2.6.21.3 and 2.6.21.4.
2.6.2 I. LDC AMENDMENT/RG/md
JUNI6 1999
Pg./,,,gr/
ORIGIN: Current Planning
AUTHOR: Chahram Badamtchian. AICP
DEPARTMENT: Planning Services
LDC PAGE: 2:201-2.204
LDC SECTION: 2.6.28.
CHANGE: Staff is proposing to remove the sign requirements for automobile service stations from
Section 2.6.28. of the LDC and add it to Division 2.5. (Sign ordinance) of the LDC.
REASON: Having sign restrictions in different sections of the LDC is confusing to the sign
contractors and developers. This amendment is only intended to relocate the sign section of
automobile service station requirements to the sign section of the Code.
FISCAL & OPERATIONAL IMPACTS: None.
RELATED CODES OR REGULATIONS: None.
Amendment to the LDC as follows:
Sec. 2.6.28. Automobile Service Stations.
(12) Signage- per Division 2.5.
ORIGIN: Community Development & Environmental Services
AUTHOR: Ross Gochenaur, Planner II
DEPARTMENT: Planning Services
LDC PAGE: 2:207
LDC SECTION: 2.6.33. Temporary use permits
CHANGE: To Section 2.6.33.3. (Temporary construction and development permits) add, as a
permitted temporary use, administrative office trailers in the Agricultural zoning district outside
the Future Urban Area in conjunction with a bona fide agricultural use.
REASON: Certain agricultural uses require on-site facilities in areas where a permanent
structure would be neither practical nor desirable. Allowing administrative offices as a
temporary use would eliminate the need for permanent structures, and allow the Planning
Department to annually review the need to continue use of a temporary, structure.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
2.6.33.3. Temporary construction and development permits. During the construction of any
development for which at least a preliminary' development order has been granted,
as required below, the developer may request a temporary use permit for the
below-listed activities. The temporary use permit shall be granted initially for a
period not to exceed 24 months in length and may be renewed annually based
upon demonstration of need. A request for renewal shall be submitted to the site
development review director in writing 30 days prior to the expiration of the
temporary use permit. Temporary construction and development permits shall be
allowed for the following uses:
1. Temporary offices to be used for construction, and administrative
functions within the development.
2. Temporary offices to be used for sales functions, including sales offices,
allowing for the sale, resale, [or] marketing of dwellings, structures, or
property within the development in which it is located, or adjacent
developments under the same control.
3.=. Temporary administrative offices to be used in conjunction wi[ a bonF. nOA ~ '
fide agricultural use in the Agricultural zoning district when 1o< ated~h~ the
J U N i 6 1999
area designated agricultural on the future land use map of the Future Land
Use Element of the Collier County Growth Management Plan.
3 .~ On-site storage of equipment and construction materials for use on the
development site only.
4:.5--. On-site mobile home used as a temporary office or storage facility for
persons engaged in the development of the site.
~.6-. On-site mobile radio and television equipment and antennae.
6.7-. On-site mobile home for the use of a watchman or caretaker only.
:7-:.8-.On-site temporary use of structures and equipment for the building of
roads, public utilities, and government projects.
8,.9-. Off-site temporary parking on property which is located contiguous to the
subject development, or would be contiguous except for a roadway that is
not designated as a collector or arterial in the traffic circulation element of
the growth management plan, with the written authorization of the
property owner.
· g:.l 0. Other on-site uses similar to the foregoing uses and determined to meet the
intent of section 2.6.33.2.
Proposed temporary structures identified above and intended to be located either
within a development for which a preliminary subdivision plat, in the case of
single-family projects, or a preliminary site development plan for all other
projects has been granted require the submission and approval of a conceptual site
plan which addresses any or all of the above referenced considerations identified
in a pre-application meeting. In the case of projects requiring platting pursuant to
div. 3.2, a preliminary subdivision plat shall be submitted and approved in
addition to the preliminary site development plan referenced above. All other
temporary uses and structures permitted within section 2.6.33.3 require the
submission of a conceptual plan which demonstrates that provisions will be made
to address the requirements of section 2.6.33.2.
2.6.33. LDC AMENDMENT/RG/md
ACi. NDA ITF,~ '
2 JUN 16 1999
ORIGIN: Community Development & Environmental Services
AUTHOR: Ross Gochenaur, Planner II
DEPARTMENT: Planning Services
LDC PAGE: 2:208 - 2:209
LDC SECTION: 2.6.33. Temporary use permits
CHANGE: Revise Section 2.6.33.4. (Model homes and model sales centers) to 1) clarify
existing language; 2) extend initial permit life from 2 to 3 years, eliminate CCPC hearing for
intermediate extension, and require conditional use for extension beyond 3 years for model
homes and model sales centers located in dwelling units, and; 3) specify site plan requirement
for different types of models and sales centers.
REASON: This section as it relates to model homes and model sales centers has proved
inadequate in dealing with the various situations which arise when issuing permits for these uses.
The proposed change would make requirements for submittal more understandable, and would
modify extension requirements to facilitate monitoring and record-keeping of models located in
residential dwellings while allowing developers ample time to market their products.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
Sec. 2.6.33. Temporary use permits.
2.6.33.1. Purpose and intent. Based upon the nature of some uses, their impact on adjacent
uses, their compatibility with surrounding properties, and the length of time a use
is intended to function, there is an identified need to allow certain temporary uses
within a development site, and to provide for other types of temporary uses such
as special events, sales and promotions. It is the intent of this section to classify
temporary uses and to provide for their permitting.
2.6.33.2. General. The site development review director, or his designee, may grant a
temporary use permit for requests that demonstrate compliance with the intent of
section 2.6.33. Approvals for such requests shall be based upon, but not limited
to, the applicant's description of the temporary use, the intended duration of the
use, hours of operation and the impacts of the proposed temporary use on adjacent
properties. All requests for a temporary use permit shall submit a conceptual or
site development plan (SDP) as provided for within this section. The appropriate
required plan and temporary use permit application shall be submitted and
approved prior to the submission of a building permit applicat on _~_-2_~ o_.h_zH
AGENDA ITEM
JUN ] 6 1989
demonstrate, where applicable. that provisions will be made to adequately address
all of the following:
1. Traffic circualtion and safety within the site as follows:
a. All parking spaces shall be arranged in a manner for convenient
and safe access for vehicles and pedestrians without causing
vehicles to back out into a right-of-way. No parking spaces shall be
arranged to cause vehicles to be moved in order for other vehicles
to enter/exit a site.
2. Minimum parking requirements for the temporary use as defined within
Div. 2.3, Off-street parking and loading as follows:
a. Four parking spaces for the first model unit and one and one-half
spaces for each additional model unit (for dimensions see section
2.3.4.12),
b. One parking space for disabled persons per parking lot shall be
provided (included as pan of required parking) along with an
access aisle and barrier-free access to the unit (for dimensions see
section 2.3.20.3),
c. All parking spaces shall be constructed of a concrete, asphalt, or
other dustless material as may be approved by the site development
review director (driveways and handicapped spaces shall be
paved).
3. Screening, buffering, and landscaping of the temporaps' use to reduce
potential impacts on adjacnet properties as required in section 2.4.4 and
approval by the site development review director as follows:
a. One tree per 30 linear feet around the perimeter of the parking and
driveway areas.
b. Double hedge between the right-of-way and the parking area;
single hedge to screen off perimeter of drive and parking areas.
c. Pavement setback a minimum of ten feet from right-of-way line;
(15 feet for right-of-way 100 feet or greater in width); ten feet from
side property lines (unless otherwise authorized by the site
development review director);
4. Lighting;
AGENDA ITEM
5. Sanitary facilities; no. c~
2 JUN 16 1999
6. Fire protection;
7. Environmental impacts;
8. Stormwater management;
9. Any other requirements determined to be necessary for the public health
and safety.
2.6.33.3. Temporary construction and development permits. During the construction of any
development for which at least a preliminary development order has been granted,
as required below, the developer may request a temporary use permit for the
below-listed activities. The temporary use permit shall be granted initially for a
period not to exceed 24 months in length and may be renewed annually based
upon demonstration of need. A request for renewal shall be submitted to the site
development review director in writing 30 days prior to the expiration of the
temporary use permit. Temporary construction and development permits shall be
allowed for the following uses:
1. Temporary offices to be used for construction. and administrative
functions within the development.
~.. 'r ......... cr, .....k .....,~ c ....,~o r,,.~,:~o including o~,~
de; 'alo-ments 'andar tha 3am,,a ......
~2_. On-site storage of equipment and construction materials for use on the
development site only.
4,3_. On-site mobile home used as a temporary office or storage facility for
persons engaged in the development of the site.
5.4_. On-site mobile radio and television equipment and antennae.
~..5_. On-site mobile home for the use of a watchman or caretaker only.
:;/,6_. On-site temporary use of structures and equipment for the building of
roads, public utilities, and government projects.
&:. 7_. Off-site temporary parking on property which is located contiguous to the
subject development, or would be contiguous except for a roadway that is
not designated as a collector or arterial in the traffic circulation element of
the growth management plan, with the written authorization of the
property owner. ' ~C.,F.~A ~TEM
3 JUN 16 1999
7
~.8.=. Other on-site uses similar to the foregoing uses and determined to meet the
intent of section 2.6.33.2.
~tthc ~ ...... t ......A ~__1;~+; ..... ,;~ ~, +~
.................. considcrztions fdcntificd in a pro ~ .................. ~
submined ~d a- roved ~AA;,;~ tO +~ .... 1;~; ..... ;+~ A .... 1 ....... i .... t ...... A
Proposed te~pora~ st~ctures identified above require the submission of a conceptual
site plan which addresses ~he requirements of section 2.6.33,2.
2.6.33.4. Model homes and model sales centers.
2.6.33.4.1. Model homes and model sales centers shall be of a temporary nature and may be
allowed in any residential zoning district or residential component of a PUD, in
the Estates zoning district, and in the Agricultural zoning district as pan of a rural
subdivision, by the issuance of a temporary use permit; however, a model center
as a permitted use within a PUD, and not located within a dwelling unit, shall not
require a temporary use permit. Model homes and model sales centers are
intended to facilitate the sale of the model design, or of products similar in design
to the model. Model homes and model sales centers located within residential
zoning districts, or within a residential component of a PUD shall be restricted to
the promotion of a product or products permitted within the residential zoning
district or PUD in which the model home or model sales center is located and
further subject to the following:
1. Model homes shall only be permitted for dwellings which have not been
previously used as a residence.
2. A model home or model sales center is not intended to allow the full scope
of real estate activities and shall be restricted primarily to the sale and
marketing of the model, or products similar to the model. A model home
shall not include offices for builders, coreractors, developers, or similar
activities.
3. Model homes may be "wet" or "dry." Model homes permitted as "dry"
models (unoccupied by a sales office and/or representative) shall be
limited to a conditional certificate of occupancy allowing the use of the
structure as a model only provided all required infrastructure ~
service the unit. Model homes permitted as "wet" models (oc :upidl°6l~
JUN 16 1999
sales office and/or representative) shall not be occupied until such time as
all required infrastructure is available to service the unit and a permanent
certificate of occupancy has been issued. Transportation to and from
unoccupied model homes is provided at a sales center. which also provides
required parking and handicapped accommodations in accordance with
section 2.6.33.2. Model homes occupied by a sales office and/or
representative must have all required landscaping, parking~ and
handicapped access on site. A temporary use permit for a model home
(occupied or unoccupied) shall be issued initially for a period of three
years. Extensions in excess of this period shall require submittal and
approval of a conditional use petition in accordance with section 2.7.4.
A t,~:r,,pcrarj t:z~ p~,-'-n~t %r a
Model sales centers may be located in either a temporary structure, usually
a mobile home, or a permanent structure which is either a residential
dwelling unit or a non-residential structure. Temporary use permits shall
be issued as follows:
a_.:. A temporary use permit for a sales center in a temporary_ structure
shall be issued initially for a period of three years and may be
renewed annually based upon demonstration of need.
b_. A temporary_ use permit for a sales center in a permanent structure
which is a residential dwelling unit shall be issued initially for a
period of three years. Extensions in excess of this period shall
require submittal and approval of a conditional use petition in
accordance with section 2.7.4.
c_ A temporary_ use permit for a sales center in a permanent structure
other than a residential dwelling unit shall be issued initially for a
period of three years and may be renewed annually on
demonstration of need.
5. Temporary use permits for model homes or model sales centers to be
located within a proposed single-family or multi-family development prior
to final plat approval may be requested by the applicant and require
........ ldl-' ....... 1-' ........... ,Y ............ ,v-~- 1-' .......
di:'isicn 2.2 1) administrative approval of a plat and construction plans
showing all required infrastructure for the lot(s) on which the model home
or model sales center is located, and 2) a site development p] ~n (SDP)
pursuant to division 3.3, subject to the following: AGENDA ITEM
No.. ,-,2
d U N 16 1999
5
(a) A maximum of five models shall be permitted within an approved
development prior to final plat approval as permitted above.
(b) The applicant shall provide documentation that all required utilities
will be available to the subject site, and, where required, shall
depict such utilities in detail on the site development plan.
(c) The parcels on which the models are located must abut a privately
owned and maintained road, temporary in nature or permanently
constructed to Collier County roadway standards.
(d) The boundaries depicted on the preliminary subdivision plat shall
be depicted on the site development plan in order to ensure
compliance with the applicable development standards in effect on
the subject property.
(e) Final lot grading and drainage conveyance shall be in conformance
with the master grading plan for the project as depicted on the
preliminary subdivision plat submittal documents.
6. All other temporary use requests for model homes shall require the
submission of a conceptual plan which demonstrates that provisions will
be made to adequately address the requirements of section 2.6.33.2.
7.=. Temporary use permits for a model sales center within an existin~
subdivision shall require a site plan as follows: in the case of a permanent
structure which is a dwelline unit. a Site Improvement Plan (SIP) per
section 3.3.8.4.~ in the case of a permanent structure which is other than a
dwelling unit, a Site Development Plan (SDP)~ in the case of a temporary
structure (mobile home or sales trailer), either a Conceptual Site Plan
(CSP) which addresses the requirements of section 2.6.33.2., or a Site
Improvement Plan, depending on the extent of the work required.
8.=. Temporary use permits for model homes to be located within a proposed
single-family or multi-family development may be approved following
administrative approval of a plat and construction drawings for all required
infrastructure encompassing the lots on which the models are to be
constructed pursuant to division 3.2, and a Conceptual Site Plan which
addresses the requirements of section 2.6.33.2. Unoccupied (dry) model
homes will be permitted only in coniunction with an approved SDP for a
model sales center which provides adequate parking to support the
model(s).
9.=. Temporary use permits for occupied (wet) model homes following
subdivision shall require a Conceptual Site Plan which addl
requirements of section 2.6.33.2. Temporary use permits for u toccl~ied
JUN 16 1999
model homes following subdivision shall require a Conceptual Site Plan
and shall be issued only in conjunction with an approved Site
Development Plan or Site Improvement Plan for a model sales center
which provides adequate parking to support the model(s).
cfa ~AA~, h~__~ ~ .... A,, sales
.......... a ........~, .... r .......e ...................-~ .......an extension anJ
,,h..~.d;,, .,-r,, pl .... A, oh,, h, __~A ....;+h;.., ~n A ....Of'
........... e on ....arming commission ,.~,
2.6.33.4.5. Notice of
days prier to the hearin~. Notice ~C+h~ +: .... A _~ ....e+h ....hU~ hearin shall
"2"";, TI,,~ ~l~;.l~t.;~.
.... or ........ t-' ..................... ~ ...........................
4= The potential ~cc=~. cfthe __A,, h ..... A,, ,,,,, dj
.................... Or ............ center on a ace,It
~,a surrou=din ......
"~"~ ~ F* 'JlJ~*
~ nr,,,_ deemed neeessay' --'~ ~....a upon re;'ie;;' _c,h..h .... criteria, +h.
cc~_',,ission may impose .... h ,__A;+: ........ +h .........~ ,c +h ....
gcree~ing and buff~:'ing, and ,h~ ~ ....h ~ +h, extension.
excess cf t.hrec years shall require s'-'-bmittal rind apprc;'al of a ccnditiona! use
pc,re,it in ..... A .... v'ith ....;-" q ~ A AGENDA iTEM
2,6.33.4,LDC AMENDMENT/RG/md
7 JUN 16 1999
ORIGIN: Current Planning Section
AUTHOR: Donald J. Murray, AICP, Principal Planner
Thomas C. Palmer, Assistant County Attorney
DEPARTMENT: Planning Services and
LDC PAGE: LDC2:223
CHANGE: Amend Section 2.6.35.6.6 of the LDC to be consistent with Section
2.6.35.6.2, to clarify separation requirements, and eliminate possible discrimination with
regard to a tower in any agricultural zoning district with a planned height between 186
feet and 400 feet.
REASON: Almost weekly interpretations are requested regarding these sections.
These proposed amendments should help to facilitate locating towers in the appropriate
districts by eliminating confusion that arises from interpretations of separation
requirements for towers of vanring heights.
According to OPM-USA-INC. v. Brevard County, 7 F. Supp.2d 1316 (M.D. Florida,
1997), it is possible that the 1,000-foot separation requirement applied to proposed towers
with heights between 186 feet and 400 feet may be discriminatory when comparing LDC
Sec. 2.6.35.6.6 with LDC Sec. 2.6.35.6.2. Section 2.6.36.6.6 requires that a proposed
tower with a planned height of 186 feet must be separated by at least 1,000 feet from the
nearest RSF-1 through RSF-6 and RMF-6 residential districts (including PUDs with such
densities). On the other hand, Section 2.3.35.6.2 requires that a 186-foot tower be
separated by only 465 feet (height of the tower multiplied by a factor of 2.5) from those
same districts when the tower is proposed to be located within any commercial or
industrial districts. Furthermore, under the existing separation requirements, a proposed
tower with a height greater than 1.000 feet (e.g., a 1,500 foot tower) could be approved
with a separation distance of only 1,000 feet. If that tower fell over, it might not be
contained on its site. Therefore, towers with a height in excess of 75 feet, including
antennas, should have a separation distance of not less than the total height of the tower
and its antennas from most residential areas in order to try to ensure that if the tower falls
over, it will land only on its own lot or parcel of land, and will not fall and block any road
right-of-way. A minimum separation distance of 50% of the tower height or the certified
collapse area should be mandatory between towers and abutting properties where there
are habitable residential and non-residential structures.
FISCAL & OPERATIONAL IMPACTS: None.
RELATED CODES OR REGULATIONS: None.
AGENDA ITEM
JUN 16 1999
F,~.//,2,_
2.6.35.6.6. With the exception of rooftop towers and towers on essential services-
conditional use sites, each new communication tower shall meet the
following separation requ rements:
~ .....A at least ] 000
..... area ......... 1,000 feet ~ ,h ........ ~ , .......:, .....
+1,~+ the DT TT~
........ area ~earest
I_. Each new tower that exceeds ] 85 feet in height shah be located not
less than 2.5 times the height of the tower from all RSF-1 through
RSF-6, and RMF-6 zoning districts including. planned unit
developments (PUDs) where the adjacent use(s) is/are, or
comparable to, RSF-I through RSF-6 and RMF-6 zoning districts.
If a part of a PUD is not developed and it is inconclusive whether
the part of a PUD area within such minimum separation distance
from the proposed tower site may be developed with a density of
six units per acre or less, it shah be presumed that the PUD area
nearest to the proposed site will be developed at the lowest density
possible under the respective PUD.
2_:. In addition. each such new tower that exceeds a height of seventy-
five (75) feet excluding antennas. shall be separated from all
boundaries of surrounding property zoned RMF-12, RMF-16, E,
RT, VR, MH, TTRVC, H, and the residential areas of PUDs with
existing or planned densities greater than six units per acre by not
less than the total height of the tower including its antennas~ and
from all other surrounding property boundaries by a distance not
less than one-half the height of the tower and its antennas, or the
tower's certified collapse area.
3_:. Upon written application for exception(s) by the tower permit
applicant, citing to specific provisions(s) of allegedty controlling
law, staff shall, in writing, grant one or more specifically
articulated exceptions to these separation requirements, but only tot
he extent, in the opinion of the County Attorney, each applied-for
exception is mandated by application of such law(s) as then
applied to the specific tower site.
2.6.35.6.6 & 2.6.35.6.2/DM/md/3/23/99
JUN 16 1999
ORIGIN: Current Planning
AUTHOR: Chahram Badamtchian. AICP
DEPARTMENT: Planning Services
LDC PAGE: 2:248
LDC SECTION: 2.7.
CHANGE: Staff is proposing an amendment to the conditional use section of the LDC to extend
the expiration of approved conditional uses from one year to three years, to limit the number of
extensions an applicant may request from three to one, and allow, in case of interruption of
activities for an extended period of time, the conditional use approval to remain in place if the site
was improved for a specific use and those improvements are not readily convertible to a use
permitted by the zoning of the property.
REASON: A conditional use is currently approved for one year. This time period does not allow
for churches and other organizations requiring fund raising to have enough time to raise the money
necessary to improve the site. Therefore they have to apply to one or more conditional use
extensions to keep there permit active. This will eliminate the need for most of the extension
requests staff receives throughout the year, which will save time for the staff and the Board of
Zoning Appeals. It ~vill also eliminate a source of irritation for the applicants. The second part of
this amendment will allow the conditional uses requiring substantial investment to improve the site
and build buildings and/or other site related improvements which cannot be converted to be used for
a permitted use in the zoning district to maintain their conditional use approval should they be
forced to cease their operations for more than 12 consecutive months.
FISCAL & OPERATIONAL IMPACTS: This amendment should have little or no fiscal or
operational impact on the County.
RELATED CODES OR REGULATIONS: None.
Amendment to the LDC as follows:
2.7.4.5.1. Any conditional use shall expire one three years from the date of grant, if by that date
the use for which the conditional use was granted has not been commenced.
2.7.4.5.2. Any conditional use shall expire one year following the discontinuance of the use for
which the conditional use was granted, unless the site was improved and/or structures
built for specific uses approved by a conditional use which cannot be converted to be
used for a use permitted by the underlying zoning designation of the site.
AGENDA ITEM
JUN16 1999
1
2.7.4.5.3. The board of zoning appeals may grant a maximum ofl-hr-ee one one-year extensions
of an approved conditional use upon written request of the petitioner.
.... , k~ ,,~,-, .... +~,-1 ~A ~,- .... A ~,;~, t-~ ,1, .....
2.7. LDC AMENDMENT/CB/md
2 JUN 16 1999
ORIGIN: Current Planning
AUTHOR: Chahram Badamtchian, AICP
DEPARTMENT: Planning Services
LDC PAGE: 2:201-2.204
LDC SECTION: 2.8.
CHANGE: Staff is proposing to remove the unified sign requirements from Section
2.8.(Architectural and site design standards) of the LDC and add it to Division 2.5. (Sign ordinance)
of the LDC.
REASON: Having sign restrictions in different sections of the LDC is confusing to the sign
contractors and developers. This amendment is only intended to relocate the unified sign
requirements from Section 2.8. of the LDC and added it to the sign section of the Code.
FISCAL & OPERATIONAL IMPACTS: None.
RELATED CODES OR REGULATIONS: None.
Amenfiment to the LDC as follows:
2.8.3.6.2.1. Reserved Unified
...... e,--~
.... "'*"'"""" .......... 1" ....................... "" ""' .........
AGENDA ITEId
JUN 16 1999
1
AGENDA
2 JUN 16 1999
Pg.
[NoT TO
x H~{C~HT
~.~ .
I I I CONCEALMEN~ OF
I I z THE
limited to
ORIGIN: Community Development & Environmental Services
AUTHOR: Ronald F. Nino
DEPARTMENT: Planning Services
LDC PAGE: LDC 3.13
LDC SECTION: 3.2.6.2.2. and 3.2.6.2.3.
CHANGE: To amend procedures for obtaining an approval of a preliminary subdivision plat by
deleting the requirement for approval of the Collier County Planning Commission (Section
3.2.6.2.3) and requiring an administrative approval of the Planning Services Director (Section
3.2.6.2.2.).
REASON: The review of Preliminary Subdivision Plats is primarily a function of ensuring that
provisions of Subdivision Regulations described at Division 3.2 of the Land Development Code
are reflected in the preparation of subdivision plans. Once administratively approved the
planning commission approval is perfunctory at best. Recognizing this the Collier County
Planning Commission has recommended a revision to Division 3.2 for the purposes of making
the approval of Preliminary Subdivision Plats an administrative process. This will conserve staff
time and lighten the agenda of the Collier County Planrang Commission.
FISCAL & OPERATIONAL IMPACTS:
RELATED CODES OR REGULATIONS:
3.2.6.2.2. Review and rcccm,~,cndaticr, determination qf approval. approval with
conditions. or denial by development services director. After receipt of a
completed preliminary subdivision plat, the development services director shall
review and evaluate the preliminary subdivision plat in conformance with the
preliminary subdivision plat requirements established in section 3.2.7. Based on
the review and evaluation, the development services director shall
· h~ ~; ...... ;~;~- the, ~, approve, approve with conditions, or deny the
preliminary subdivision plat. The decision to approve with conditions. or deny
the preliminary_ subdivision plat may be appealed to the board of county_
commissioners pursuant to the provisions of Section 1.6.6. of the Land
Develonment Code. Th ......... An+;~. M~ll 1, .... l,,,,.~;'r,e,A 1-~
.... ;'~;~" in ";""" If the development services director ........
"'""": ...... ;--:^- should deny or place conditions on the preliminary
subdivision plat, he shall state in writing reasons for such recc, m:nendatie, n
denial or conditions, and shall cite the applicable code or regulatory >asis
conditions or denial. Said determination may be appealed to the Cou: tty
Commissioners.
JUN 16 1999
,,,./,/?
3.2.6.2.2.& 3.2,6.2.3. LDC AMENDMENT/RFN/md/H:LDC CYCLE 1 - 1999
AGENDA ITEM
No.
2 JUN 16 1999
ORIGIN: Community Development & Environmental Services
AUTHOR: Ronald F. Nino
DEPARTMENT: Planning Services
LDC PAGE: LDC 3.32.1
LDC SECTION: 3.2.8.3.5. Buffer Areas
CHANGE: Amend Section 3.2.8.3.4. Buffer areas deleting the requirement that landscape
buffers be platted as separate tracts or easements.
REASON: Provisions of the LDC division on subdivision and platting Div. 3.2 requires the
platting of landscape buffers as separate tracts or recorded easements. Staff argues that this
regulations is unnecessary because the requirement to provide a landscape buffer is a code
requirement irrespective of whether or not there is a recorded easement or platted tract. On the
other the requirement to plat a landscape tract or otherwise provide a recorded easement is an
unnecessary cost addition to the platting process which does nothing to accomplish the objective
of having landscape buffers. Another problem associated with platting landscape easements is
that landscape buffer requirements may change from time to time which revisions may require
landscape buffers inconsistent with the width of the platted easement. Another analogy worth
citing is that the requirement to plat a landscape buffer when provisions of the LDC requires the
buffer irrespective of whether or not there is a platted easement in place would be the same as
requiring the plat to show other LDC development regulations such as setbacks and heights of
buildings, etc.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
Amend Section 3.2.8.3.4. as follows:
3.2.8.3.4. Buffer areas. Subdivisions or developments shall be buffered for the protection of
property owners from surrounding land uses as required pursuant to division 2.4.
Buffers shall not inhibit pedestrian circulation between adjacent commercial land
uses. Buffers shall be installed during construction as follows and in accordance
with division 2.4:
(a) To separate residential developments from commercial, community
,-- use, industrial and public use developments and adjacent expressways,
artefials and railroad fights-of-way, except where such :::prcii~iA, iTtU
arterial, or railroad right-of-way abuts a golf course. ~ ~
JUN 16 1999
(b) To separate commercial. community use, industrial and pueblo use
developments from residential developments.
(c) To separate subdivisions of residential properly that do not result in the
submittal of a site development plan pursuant to the provisions of
division 3.3 from other residential properlies.
Separation shall be created with a landscape buffer strip which is designed and
constructed in compliance with the provisions of division 2.4.
~,~ u~, 1~·
prc;':,sic:,s cf div:,a:,c= 2?. Buffers adjacent to protected/preserve areas shall
conform to the requirements established by the agency requiring such buffer.
3.28.3.5. LDC' A~MENDMENT/RFN/md/H:LDC CYCLE I - 1999
2 JUN 16 1999
DATE: March 15, 1999
ORIGIN: Current Planning Section
AUTHOR: Ronald F. Nino, AICP, Current Planning Manager
Susan Murray, AICP, Chief Planner
DEPARTMENT: Planning Services
LDC PAGE: LDC 3:35, 3:47, 3:66
CHANGE: Change Section 3.3.5., to read as follows: "Site Development Plan Design
Standards." Amend Sections 3.2.8.3.15 and 3.2.8.3.17. Add provisions, which clarify
the requirements for sidewalks, bike lanes and bike paths outside of the Subdivision
Regulations to clarify the requirement for sidewalks within existing subdivisions.
Renumber remaining sections.
REASON: To clarify the requirements for sidewalks. bike paths and bike lanes.
FISCAL & OPERATIONAL IMPACTS: None.
RELATED CODES OR REGULATIONS: None.
Amend the Land Development Code as follows:
3.2.8.3.17. Sidewalks, bike lanes and bike paths. c;,~ ..... ~,-~ ~,;~,~ , ......~ ,~;~ ....,~,o ~,~u ~
The developer shall be required to construct sidewalks or bike paths, and bike laes
where applicable, as described below. unless othe~ise exempted from the
subdivision regulations of this code. Sidewalks or bike paths, and bike l~es shall be
constructed contiguous to public ~d private roadways, which ae adjacent to and
intemal to the site, in confomance with the following criteria:
1. Bike l~es shall be provided on both sides of ~y street classified higher th~
a local street (i.e., collector, aerial).
2. Sidewalks, or bike paths six feet in width, shall be provided on both sides of
collector ~d aerial streets.
3. Sidewalks, or bike paths, five feet in width. shall be provided on both sides of
local streets except as follows:
1 JUN 16 1999
(a) Where a cul-de-sac or dead end street exists within an approved single
family residential subdivision. and where the developer of such
subdivision was granted an exemption to the subdivision regulations
to allow a sidewalk on only one si'de of the street. the same exemption
shall then apply to any new abutting single family residential
subdivision which extends the dead end street or cul-de-sac to no
more than 1000 feet.
4. All sidewalks, bike paths and bike lanes along public and private roadways
shall be constructed in accordance with design specifications identified in
section 3.2.8.4.14. and Division 2.8 of this code.
5. Alternative designs for sidewalks, bike lanes, and bike paths in developments
adjacent to public or private roadways may be provided, subject to approval
by the Community Development and Environmental Services Division
Administrator and may utilize, but not be limited to the following criteria:
a. A design that matches the land use density and intensity of the
development along the street or cul-de-sac.
b. A design that matches the expected traffic volumes on the street or
cul-de-sac.
c. A design that does not create a safety hazard caused by vehicles
parked across the sidewalk or directs pedestrians or cyclists into high
traffic areas.
d. A design that does not encourage additional landscape area due to
clearing for the installation, aesthetic softening or additional
hardscape, additional softening of unnatural linear concrete strips, or
similar features.
e. A design that matches the expected demographics of the development,
including but not limited to considerations such as the expected
amount of school age children and active adults.
f. A design that matches reduced speed streets and cul-de-sacs.
g. A design that matches the expected amount of utilization by joggers.
walkers and cyclists.
h. A design that matches the character of the development, i.e., golf
course/country club community, affordable housing, private gated
communities.
i. Criteria pursuant to the provisions of section 3.2.7.2.
AGENDA ITEM
No,
JUN 16 1999
2
6. n ...., .....,~ r.,,.,; .......;o,; .....'~ ~" ~' ...... ;-~'~ *~ -ro;'ide its
Developments that provide an internal bike path system which ~nctions
primarily for traspo~ation pu~oses, not recreatiom and which co~ects
with existing public bicycle paths or bike lanes may be exempt from this
~ the sidewal~ike path requirement by the County's
Transpo~ation Se~ices Division's Director if the alternative system
~nctionally operates equal to the stad~ds of the County's bikeway system.
interco~ects with the existing or proposed County bikeway_system ~d will
be pe~etually open to the public.
7. Developments providing interco~ections to existing ~d ~ture
developments pursuat to the density rating system section of the Collier
County gro~h m~agement pl~'s ~ture l~d use element, shall include
sufficient right-of-way to accoaodate the roadway, sidewalks, ~
or bikepaths~ and bike lanes, where required. Bike paths, bike laes and
sidewalks shall be constructed concusently with the roadway
interco~ection.
8_=. Where planned right-of-way improvements scheduled in the County's Capital
mprovements Program (CIP) would cause the removal of any sidewalks/bike
paths or bike lanes required by this code within two (2) fiscal years following
the fiscal year in which the first building permit for the proiect is issued, the
developer, in lieu of construction of the required sidewalks/bike paths and
bike lanes, shall provide funds for the cost of sidewalk/bike path and bike
lane construction into a fund approved by the Transportation Services
Director or designee for future construction of required sidewalks/bike paths
and bike lanes, by Collier County.
3.2.8.4.1 4. Sidewalks and bikepaths.
5.=. Where an exemption to the subdivision regulations has been granted
permitting a sidewalk/bike path to be developed on one side of the street, and
the sidewalk/bike path cannot be made continuous on the same side of a street
for the length of the development, the sidewalk may be allowed to continue
on the other side of the street, provided a paved sidewalk/bike path
connection with curb cuts is constructed from the end of the sidewalk/bike
path to the street, on both sides of the street, consistent with the design
,---- criteria described in section 3.2.8.4.14. and Division 2.8.
AGENDA ITEJ~
No. c::,Z
3 JUN 16 1999
,.,,.
Sec. 3.3.5. c;,,~ ,4 ....~ .....* -~- revie;v rcr, Dx .....,~ .....Site Develovment Plan design
standardS.
3.3.5.1. Sidewalks. bike lanes and bike paths. For all projects required tO bc developed
through the Site Development Plan (SDP) process. the developer shall be required to
construct sidewalks or bike paths, and bike lanes where applicable, as described
below, unless otherwise exempted from the subdivision regulatiOnS Of this COde.
Sidewalks or bike paths. and bike lanes shall be constructed contiguous to public
and private roadways which are adjacent to and internal to the site. in ¢onformance
with the following criteria:
1. Sidewalks. six feet in width. or bike paths seven feet in width shall be
provided on both sides of collector and arterial streets.
2_. Sidewalks, Or bike paths. five feet in width. shall be provided orl both sides of
local streets except as follows:
Where a cul-de-sac or dead end street exists within an approved single
family residential subdivision. and where the developer of such
subdivision was ~anted an exemption to the subdivision regulations
to allow a sidewalk on only one side of the street. the same exemption
shall then apply to any new abutting single family residential
subdivision which extends the dead end street or cul-de-sac to no
more than 1000 feet.
3. Bike lanes shall be provided on both sides of any street classified higher than
a local Street (i.e. collector. arterial} unless otherwise modified or waived by
the Board of County Commissioners,
4. All sidewalks. bike paths and bike lanes along public and private roadways
shall be constructed in accordance with desi~ specifications identified in
section 3.2.8.4.14. and Division 2.8 of this code.
5. Alternative desig-ns for sidewalks. bike lanes. and bike paths in developments
adjacerlt to public or private roadways may be provided. subject to approval
by the Communi_ty Development and Environmental ServiCes Division
AClministrator and may utilize. but not be limited to the following criteria:
a. A desig-n that matches the land use density and intensity_ of the
development along the street or cul-de-sac.
!2., A design that matches the expected traffic volumes on the street or
cul-de-sac.
c. A design that does not ~reate a safety hazard caused by v~h.~.,.,k~rrEu
parked across the sidewalk or directs pedestrians or cycli ;ts i~,~ high ~.
traffic areas.
J U N 16 1999
4 pg.
d_. A design that does not encourage additional landscape area due to
clearing for the installation. aesthetic sof~ening or additional
hardscape. additional softening of unnatural linear concrete strips, or
similar features.
e. A design that matches the expected demographics of the development,
including but not limited to considerations such as the eXpeCted
amount of school age children and active adults.
f. A design that matches reduced speed streets and cul-de-sacs.
g, A desi_m'~ that matches the expected amount of utilization by joggers.
walkers and cyclists.
h. A design that matches the character of the development, i.e.. golf
course/country club community. affordable housing. private gated
communities.
i. Criteria pursuant to the provisions of section 3.2.7.2.
6. Developments that provide an intemal bike path system, which functions
primarily for transportation purposes. not recreation. and which connects with
existing public bicycle paths or bike lanes may be exempt from the
sidewalk/bike path requirement by the County's Transportation Services
Department Director if the alternative system functionally operates equal to
the standards of the Coun{;y's bikeway system. interconnect~ with the existing
or proposed County bikeway system and will be perpetually open to the
public.
7_. Developments providing interconnections to existing and future
developments pursuant to the density rating system section of the Collier
County growth management plan's future land use element, shall include
sufficient right-of-way to accommodate the roadway. sidewalks. bike lanes or
bike paths. and bike lanes. where required. Bike pathS, bike lanes and
sidewalks shall be constructed concurrently with the roadway
interconnection.
8. Where planned right-of-way improvements scheduled in the County's Capital
Improvements Pro~am (CIP) would cause the removal of any sidewalks/bike
paths or bike lanes required by this code within two (2) fiscal years following
the fiscal year in which the first building permit for the project is issued. the
developer. in lieu of construction of the required sidewalks/bike paths and
bike lanes. shall provide funds for the cost of sidewalk/bike path and bike
lane construction into a fund approved by the Transportation Services
Director or designee for future construction of required sidewalks/bike paths
and bike lanes. by Collier County.
3.3.6. c;,~ ,~ ...., .....* '~" standardz. .
.......... ~. .......p,,,_ Site development plan review (SDP) vrocedures.
AGENOA
Renumber the remaining sections.
5 J U N 16 1999
/2 7
Renumber the remaining sections.
3.3.8 c:,~ ,~ ....~ .......~- time limits. Amendments.
Renumber the remaining sections.
3.3.9. Viclaticnz. Site development plan time limits.
Renumber the remaining sections.
3.3.1 0. Violations.
3.2. 8. 4. 15. Sidewalks and bikepaths.
5.=. Where an exemption to the subdivision regulations has been granted
permitting a sidewalk/bike path to be developed on one side of the street, and
the sidewalk/bike path cannot be made continuous on the same side of a street
for the length of the development, the sidewalk may be allowed to continue
on the other side of the street, provided a paved sidewalk/bike path
connection with curb cuts is constructed from the end of the sidewalk/bike
· path to the street. on both sides of the street. consistent with the design
criteria described in section 3.2.8.4.14. and Division 2.8.
3.2.8.3.17. LDC AMENDMENT/SM/md/3-25-99
6 JUN 16 1999
ORIGIN: Planning Services Staff
AUTHOR: Thomas E. Kuck, P.E., Engineering Review Manager
DEPARTMENT: Planning Services Department
LDC PAGE: 3:88.1
LDC SECTION: 3.4.13.5.1
CHANGE: Establishment of an 80% rule to control blasting in urban construction
environments. Provide requirement to provide the measurement and recording of airblast with
establishment of maximum levels. Provide additional requirements to help reduce blasting
impacts within the urban boundaries.
REASON: Reduce the chances for structural and cosmetic damage to facilities located within
the proximity of blasting operation.
FISCAL & OPERATIONAL IMPACTS: None.
RELATED CODES OR REGULATIONS: None.
3.4.13.5.1. It shall be unlawful for any person, to blast, fire, detonate or use any amount of
explosive within the territorial limits of the county without first obtaining a
blasting permit as hereinafter provided by this section; provided that in any event
it shall be unlawful for any person to blast, fire or detonate or use any amount of
explosives which would result in a resultant peak particle velocity in excess of 0.5
inches per second when measured on the ground at the nearest building or
structure not owned by the permittee, or at a location identified by the
seismologist of record and the Planning Services Director, or designee. A
blasting control procedure is hereby established by an adopting an 80% rule for
controlling blasting in urban construction environments. If 80% of the allowable
particle velocity is exceeded, no blasting may be undertaken until a letter, fax, or
telephone call with a follow-up letter or fax is provided by the blasting permit
applicant to the County identifying a revised blasting methodology which
provides procedures that will be implemented to assure that a peak particle
velocity of 0.5 inches per second will not be exceeded
Maximum allowable airblast measured at the nearest building or structure not
owned by the user, or when measured at a distance of 5280 feet from the blast
shall not exceed 129 decibels when measured by an instrument havin a flat
frequency response over a range of at least 6 to 200 hertz. If the Lirhla~t
measured with an instrument having a flat frequency measure over a nge
least 2 to 200 hertz, the corresponding limit is 133 decibets. N~_ c,Q-, ..
J U N 16 1999
P=
The following requirements shall apply to all blasting within the urban boundaries of the county:
a) Overburden shall not be removed prior to blasting. When overburden
exceeds 4 feet of depth. a minimum of 4 feet of overburden shall remain in
place prior to blasting.
b) Stem all blast holes within 1000 feet of the nearest structure based on a
GPS measurement with 89 stone or approved equal material to confine the
gaseous products of detonation.
c) Backfill the "borehole" surrounding the blast tube to ensure stability of the
ground surface.
d) Cover or bury all surface detonators.
e) Ensure charges are at proper depth originally placed prior to the detonation
of multiple blasts.
3.4.13.5.1. LDC AMENDMENT/TEK/md/3/11/99
AGENDA ITEI~
No,
JUN 16 1999
2
ORIGIN: Community Development & Environmental Services
AUTHOR: Barbara Burgeson. Senior Environmental Specialist
Stephen Lenberger, Environmental Specialist II
DEPARTMENT: Planning Services
LDC PAGE: LDC3:130
LDC SECTION: 3.9.5.2.9
CHANGE: Add criteria for vegetation removal for Mitigation Bank Sites and
environmental restoration.
REASON: To allow clearing for environmental restoration, independent of other final
local development order approvals.
FISCAL & OPERATIONAL IMPACTS: Approval of this amendment will have no
fiscal impact on the County.
RELATED CODES OR REGULATIONS: None affected.
3.9.5.2.9 Removal of vegetation for approved Mitigation Bank Sites (as defined bv
the Florida Administrative Code); State or Federallv endorsed
environmental preservation, enhancement or restoration projects: or State
of Florida, Division of Forestry_ approved fire breaks. Vegetation removal
permits issued under this criteria are valid for the period of the time
authorized by such agency permits.
3.9.5.2.9. LDC AMENDMENT/BB & SL/md
AGENDA ITEM
No,
JUN 16 1999
pa.
ORIGIN: Community Development & Environmental Sen'ices
AUTHOR: Ross Gochenaur, Planner II
DEPARTMENT: Planning Services
LDC PAGE: 6:43
LDC SECTION: Division 6.3 Definitions
CHANGE: Amend definition of "nonconforming lot of record" to identify lots which do not
meet minimum width or lot area, vice width and area.
REASON: Correct typographical error
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
Division 6.3. Definitions
Nonconforming lot of record.' An>' la~qul lot or parcel which was recorded, or for
which an agreement for deed was executed. prior to the effective date of this code.
and which lot or parcel does not meet the minimum width and or lot area
requirements as a result of the passage of this code shall be considered as a legal
nonconforming lot and shall be eligible for the issuance of a building permit
provided all the other requirements of this code and the Florida Statutes are met.
This definition also includes any lot or parcel made nonconforming by a rezoning
initiated by Collier County to implement the Zoning Reevaluation Ordinance
[No.] 90-23 (1990) [Code ch. 106, art. II].
Div 6.3 LDC AMENDMENT/RG/md
i JUN16 1999
1.
ORIGIN: Community Development & Environmental Services
AUTHOR: Ed Morad
DEPARTMENT: Code Enforcement
LDC PAGE: 6:14
LDC SECTION: 6.3
CHANGE: Amend the definition of commercial equipment.
REASON: To include utility trailers as part of the commercial equipment definition.
FISCAL & OPERATIONAL IMPACTS: None.
RELATED CODES OR REGULATIONS: None.
LDC AMENDMENT 6.3 DEFINITIONS TO READ: COMMERCIAL EQUIPMENT: Any
equipment commonly used in a commercial business, i.e. contractors equipment, earth moving
machinery. lawn equipment, or utility trailers. or devices used for the transportation of
equipment. materials or merchandise. (Eee zectic, n 2.6.7 )
De~nitions/E. Morad/H:
AGE..hI. DA i i LM
NO,
" JUN 1 G 1999
,,,,.
ORDINANCE NO. 9%
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS
AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT
CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING
REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA, 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: ARTICLE 2, ZONING,
DIVISION 2.2. ZONING DISTRICTS, PERMITTED USES,
CONDITIONAL USES, DIMENSIONAL STANDARDS, DIVISION
2.3. OFF-STREET PARKING AND LOADING; DIVISION 2.5.
SIGNS; DIVISION 2.6. SUPPLEMENTAL DISTRICT
REGULATIONS; DIVISION 2.7. ZONING ADMINISTRATION
AND PROCEDURES; DIVISION 2.8. ARCHITECTURAL AND
SITE DESIGN STANDARDS AND GUIDELINES FOR
COMMERCIAL BUILDINGS AND PROJECTS; ARTICLE 3,
DIVISION 3.2, SUBDIVISIONS; DIVISION 3.3. SITE
DEVELOPMENT PLANS; DIVISION 3.4. EXPLOSIVES;
DIVISION 3.9. VEGETATION REMOVAL PROTECTION AND
PRESERVATION; ARTICLE 6, DIVISION 6.3. DEFINITIONS,
INCLUDING, BUT NOT LIMITED TO THE DEFINITIONS OF
NON-CONFORMING LOTS; SECTION FOUR, CONFLICT AND
SEVERABILITY; SECTION FIVE, INCLUSION IN THE LAND
DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE
DATE.
Wq-IEREAS. 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 has been
subsequently amended; and
WHEREAS, the LDC may not be amended more than two times in each calendar year pursuant to
Section 1.19.1 .. LDC; and
WHEREAS, this is the first amendment to the LDC, Ordinance 91-102, in this calendar year; and
WHEREAS, on March 18, 1997, the Board of County Commissioners 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 Board of County Commissioners, in a manner prescribed by law, did hold
advertised public hearings on May 26, 1999 and June 16, 1999, and did take action concerning these
amendments to the LDC; and
WHEREAS, all applicable substantive and procedural requirements of the law have been met.
NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier
County, Florida. that:
AGENDA ITEM
JUN 16 1999
Words str,:'c!: :hrc"gk are deleted, words underlined are added.
SECTION ONE: RECITALS
The foregoing recitals are true and correct and incorporated bv reference herein as if fully set
forth.
SECTION TWO: FINDINGS OF FACT
The Board of Count)' Commissioners of Collier County, Florida. hereby makes the following
findings of fact:
1. Collier Count)', pursuant to Sec. 163.3161, et se_.~q., Fla. Stat.. the Florida Local Government
Comprehensive Planning and Land Development Regulations Act (hereinafter the "Act"), is required to
prepare and adopt a Comprehensive Plan.
2. After adoption of the Comprehensive Plan. the Act and in particular Sec. 163-3202(1 ). Fla.
Slat., mandates that Collier County adopt land development regulations that are consistent with and
implement the adopted comprehensive plan.
3. Sec. 163.3201, Fla. Star., 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 as
required by the Act.
4. Sec. 163.3194(1)(b), Fla. Star.. 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 development 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. Sec. 163.3202(3), Fla. SIal.. states that the Act shall be construed to encourage the use of
irmovative land development regulations.
6. On January 10, 1989. Collier County adopted the Collier Count)' Grovah Management Plan
(hereinafier the "Growth Management Plan" or "GMP") as its Comprehensive Plan pursuant to the
requirements of Sec. 1634.3161 et se.q. Fla. Slat., and Rule 9J-5. F.A.C.
7. Sec. 163.3194(1)(a), Fla. Star., 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 or portion thereof shall be consistent with such Comprehensive Plan or
element or portion thereof.
8. Pursuant to Sec. 163.3194(3)(a), Fla. Star., a development order or land development
regulation shall be consistent with the Comprehensive Plan if the land uses, densities or intensities, in the
Comprehensive Plan and if it meets all other criteria enumerated by the local govermnent.
9. Section 163.3194(3)(b). Fla. Slat., requires 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 Count)' Land Development Code.
which became effective on November 13, 1991 and may be amended twice annually.
11. Collier Count)' finds that the Land Development Code is intent :d an~C~C~F~
preserve and enhance the present advantages that exist in Collier C6unty; encourag~ the ~lllst appropriate4fl-
use of land, water and resources, consistent with the public interest: overcome prese ~t handicaps; and deal
effectively with future problems that may result from the use and development ol land,J~qin~tlBe
Words struck ,h .....
...... ~.. are deleted. ~ords underlined are added.
unincorporated are of Collier County and it is intended that this Land Development Code preserve.
promote, protect. and improve the public health. sat~ty, comfort. good order. appearance. convenience.
and general welfare of Collier County; prevent the overcrowding of land and avoid the undue
concentration of population; facilitate the adequate and efficient provision of transportation, water.
sewerage schools. parks. recreational facilities, housing, and other requirements and services, conserve.
develop, utilize. and protect natural resources within the jurisdiction of Collier County; and protect
human, environmental, social, and economic resources; and maintain through orderly grovah and
development. the character and stability of present and future land uses and development in Collier
Count)'.
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 ZONING DISTRICTS, PERMITTED USES,
CONDITIONAL USES, DIMENSIONAL STANDARDS DIVISION
Division 2.2, Zoning District, Permitted Uses, Conditional Uses. Dimensional Standards.
of Ordinance 91-102. as amended. the Collier County Land Development Code. is hereby amended
to read as follows:
Division 2.2. ZONING DISTRICTS, PERMIITED USES, CONDITIONAL USES,
DIMENSIONAL STANDARDS
Sec. 2.2.2. Rural agricultural district (A).
2.2.2.2.1. Permitted uses.
2. Agricultural activities. including. but not limited to: crop raising:
horticulture; fruit and nut production; forestry; groves; nurseries:
ranchingl beekeeping; poultry and egg production; milk production:
livestock raising, and aquaculture for native species subject to the
State of Florida game and freshwater fish commission permits. The
following permitted uses shall only be allowed on parcels 20 acres in
size or greater: dairyingl; ranchingl; poult~' and egg productiota milk
production: livestock raising; and animal breeding, raising, training.
stabling or kenneling. This is not to preclude an individual property
owner from the keeping of fowl or poultry, not to exceed 25 in total
number, and the keeping of horses and livestock (except for hogs) not
to exceed two such animals for each acre, and with not open feedlots.
for personal use and not in association with a commercial agricultural
activity on parcels less than 20 acres in size.
2.2.2.3. Conditional uses. The following uses are permitted as conditional uses in
the rural agricultural district (A) subject to the standards and procedures
established in division 2.7.4.
24. Dairyingl; ranchingl; livestock raisingl; poultry and egg productionl;
milk productionl; ~: ....... b .~:o:~ animal breeding, raising, training,
stabling or kenneling on parcels less than 20 acres in size. This is not
to preclude an individual property owner from the keeping of fowl or
poultry. not to exceed 25 in total number. and the kee~Din~ of hnrq~q
and livestock (except for hogs) not to exceed two s~ ch ani~f"-afblx!~,~, ITEM
each acre. and with no open feedlots, for personal ~se atN~not in
association with a commercial agricultural activity >n parceis less
than 20 acres in size. J U N 16 1999
Words ztr'_"'!;. t.h. rv, ugh are deleted. words underlined are added.
3
25__.:. The commercial production. raising or breeding of exotic animals.
other than animals typically used for agricultural purposes or
production, subject to the following standards:
a_. Minimum 20 acre parcel size.
b_. Any roofed structure used for the shelter and/or feedin~ of such
animals shall be located a minimum of 100 feet from any lot line.
See. 2.2.9. Village residential district (VR).
2.2.9.1. Purpose and intent. The purpose and intent of the ,,'illage residential district
(VR) is to provide lands where a mixture of residential uses may exist.
Additionally, uses are located and designed to maintain tl~ a village
residential character of the VP, distri-~t which is generally low profile.
relatively small building footprints as is the current appearance of Goodland
and Copeland. The VR district corresponds to and implements the mixed
residential land use designation on the Immokalee future land use map of the
Collier County growth management plan. It is intended for application in
those urban areas outside of the coastal urban area designated on the future
land use map of the Collier County growth management plan? though there is
some existing VR zoning in the coastal urban area. The maximum density
permissible in the village residential district and the urban mixed use land use
designation shall be guided. in part, by the density rating system contained in
the future land use element of the Collier Count)' growth management plan.
The maximum density permissible or permitted in the VR a district shall not
exceed the density permissible under the density rating system, except as
permitted by policies contained in the future land use element. or as
designated on the Immokalee future land use map of the growth management
plan.
2.2.9.4. Dimensional standards, The following dimensional standards shall apply to
all permitted. accessor,.'. and conditional uses in the village residential district
(VR).
Single- Duplex Multiple- AccessoR' Conditional
Family Family' Uses Uses
Dwelling Dwelling
and Mobile
Home
I. Minimum lot area 6,000 10,000 I acre N/A I acre
square feet square feet
2. Minimum lot width 60 feet 100 feet 150 feet N/A 100 feet
3. Minimum yard
requirement:
Front yard 20 feet 35 feet 35 feet Section 35 feet
2.6.2
Side yard 5 feet* 15 feet 15 feet Secti~,
2.6,2 :AGENDA ITE
JUN 16 1999
Words z*,r'_':k thr;~:~h are deleted, words underlined are added.
4
Rear .yard 20 feet 30 feet 30 feet Section 30 feet
2.6.2
*Waterfront: 10 feet.
4. Maximum height_* 30 feet 30 feet 35 feet 15 feet 50 feet
5. Maximum densi~** 7.26 units/ 8.71 units/ 14.52 N/A N/A
gross gross units/gross
6. Distance bev. veen N/A N/A I/2 sum of N/A
structures the
building
height
7. Minimum floor area. (Reserv'ed.)
8. Maximum lot coverage. (Reserved.)
9. Off-street parking and loading. As required in division 2.3.
10. Landscaping. As required in division 2.4.
* No buildin~ max' contain more than three levels of habitable space.
*_2_* Actual maximum density shall be determined through the application of the density rating
system. or applicable policies contained in the future land use element, or the Immokalee
future land use map established in the Collier County grox~th management plan. not to
exceed the above specified density for each use.
See. 2.2.12. Commercial professional district (C-l) and commercial professional
transitional district (C-l/T).
2.2.12.1. Purpose and intent. The C-1 commercial professional district is intended to
permit those uses which minimize pedestrian and vehicular traffic. The
provisions of the C-1 district are intended to apply to areas located adjacent to
highways and arterial roads. Landscaping, controlled ingress and egress. and
other restrictions are intended to minimize frequent ingress and egress to the
highway from abutting uses. The C-1 district is designed to be compatible
with all residential uses, as well as residential uses located .along arterials.
The C-1/T commercial professional/transitional district is intended to apply
to those areas that are transitional: and located between areas of higher and
lower intensity development ,h~, are ....... ,,, ~vv, vr
a .... , ...... The uses in this district are intcn~zd as an ^' ..... :-'^ tc ....
office. low intensity service uses. and limited residential uses that meet the
intent of the C-I/T commercial professional/transitional district. Those areas
identified as transitional (C-l/T) shall be further noted on the official zoning
atlas. The commercial professional district and the commercial
professional/transitional district are consistent with the locational criteria for
commercial and the goals. objectives and policies as identifi. ~ i,, th,. ~i
land use element of the Collier County growth management pl~.GIEh~b ITEM
maximum densit,,,' permissible in the commercial professional distrillamd the
commercial professional/transitional district in tke urban mix ~fl uz: !an~ uze
dczignaticn shall be as provided for herein. '-"~'~'~ in ~an. ~: ,
Words :',pack t.h. rc"g.h. are deleted. words underlined are added.
5
s5'st=m. The C-1/T zoning district, where utilized to meet the intent of the
....... ;~ .,.A~. eri:eria ..... ;~;~-~ office and in~ll commercial subdistrict
provisions of the future land use element of the comprehensive gro~h
m~agement pl~, shall only be applied one time to se~'e as transitional use
~d will not be pe~iued to expand adjacent to other C 1/T commercial
zoning obtained via consistency wi~h the office and infill commercial
subdisIrict provisions. ~ ~ ......... ;~ ~z *~ ....... ;~ ~'
2.2.12.2. Permitted uses. The following uses, as identified with a number from the
St~d~d Industrial Classification Manual (1987), or as othem'ise provided
for within this section. are pe~ined as of fight, or as uses accessoD
petitted uses in the C-1 commercial professional district ~d the C-1/T
commercial professional/transitional district.
2.2.12.2.1. Permitted uses.
1. Accouming, auditing and booteeping se~'ices {8721 ).
2. Automobile parking (7521 ).
3. Barber shops ( 7241 ).
4. Beauw shops (7231).
Business se~'ices (groups 7311, 7313. 7322-7331. 7338. 7361. 7371.
7372. 7374-7376, 7379).
Child day care se~'ices (8351).
Group care facilities (catego~ I and II. except for homeless shel~ers~:
care units, except for homeless shelters: nursing homes: assisted
living facilities pursuam to ~ 400.402 F.S. ~d ch. 58A-5 F.A.C.: and
continuing care retiremere communities pursuit to ~ 651 F.S. ~d ch.
4-193 F.A.C.: all subject to section 2.6.26.
Offices for engineering, ~chitec~ural, ~d su~'eying seNices (groups
0781,8711-8713).
Health se~'ices (8011-8049).
Individual and fmily social se~'ices (8322 activity centers. elderly or
h~dicapped: adult day care centers; ~d day c~e centers, adult ~d
h~dicapped only).
~11~ Ins~ce c~iers, agems ~d brokers (groups 6311-6399, 6411 ).
~12~ Legal seB, ices (8111 ).
~13~ M~agement ~d public relations se~ices (groups 8741-8743, 8748).
~14~ Miscell~eous personal seNices (7291).
~15~ Museums and an galleries (8412).
~16~ NondepositoD, credit institutions (groups 6141-6163'
~17. Photographic studios (7221). JUN
words ;:tuck through are deleted, words underlined are added.
18~ Physical fitness facilities (7991).
19__~. Real estate (groups 6531-6541 ).
20_.;. Shoe repair shops and shoeshine parlors 17251 ).
4-~.21~ Any other commercial use or professional services which is
comparable in nature with the foregoing uses including those that
exclusively serve the administrative as opposed to the operational
functions of a business, and are purely associated with activities
conducted in an office.
2.2.12.2.2. Uses accessory to permitted uses.
1. Uses and structures that are accessor>' and incidental to the uses
permitted as of right in the C-l, C-1/T district.
2. Caretaker's residence. subject to section 2.6.16.
2.2.12.3. Conditional uses. The following uses are permissible as conditional uses in
the commercial professional/transitional district (C-l, C-l/T), subject to the
standards and procedures established in dMsion 2.7.4.
1. Civic, social and fraternal associations (8641).
2. Depositor>' institutions (groups 6011-6099).
3. Educational services (8211-8231 ).
4. Health service (8011-8049):
5. Homeless shelters. as defined by this code.
6. Increased building height to a maximum of 50 feet.
7. Mixed residential and commercial uses subject to the following
criteria:
a. A site development plan is approved pursuant to division 3.3.
that is designed to protect the character of the residential uses
and of the neighboring lands;
b. The commercial uses in the development may be limited in
hours of operation, size of deliver>' trucks, and type of
equipment;
c. The residential uses are designed so that they are compatible
with the commercial uses;
d. Residential dwelling units are located above principal Uses:
e. Residential and commercial uses do not occupy the same floor
of a building;
f. The number of residential dwelling units shall be controlled by
the dimensional standards of the C-l, C-1/T diSt_ri,_ct.: t~9~ge~her
with the specific requirement that in no inst ~nce stllltEl~h IIEM
residential uses exceed 50 percent of the gross ~or arl~.of the oQ,,
building or
...... ........" ..... JUN 16 1999
Words ::r: ~; :.u.r,~ugh are deleted, words underlined are added.
7
g. Building height may not exceed two stories:
h. Each residential dwelling unit shall contain the following
minimum floor areas: efficiency and one-bedroom. 450 square
feet: two-bedroom, 650 square feet; three-bedroom. 900
square feet:
~.i_. A minimum of 30 percent of the mixed use development shall
be maintained as open space. Yhe following may be used to
satisfy the open space requirements: areas used to satisS.' water
m~nagement requirements. landscaped areas. recreation
or setback areas not covered with impervious surt~ce or used
for parking (parking lot islands may not be used unless
existing native vegetation is maintained):
t~.[. Yhe mixed commercial/residential structure shall be designed
to enhance compatibility of the commercial and residential
uses through such measures as. but not limited to. minimizing
noise associated with commercial uses: directing commercial
lighting away from residential units; and separating pedestrian
and vehicular accessways and parking areas from residential
units, m the greatest extent possible.
8. Nursing and personal care facilities (8082).
9_=. Funeral service and crematories (7261).
~. 10~ Religious organizations (8661).
~ ll.Soup kitchens. as defined by this code.
~ 12__:.Veterinarian's office (0742), excluding outdoor kenneling.
2.2.12.4. Dimensional standards. The following dimensional standards shall apply in
the C-I, C-1/T district. Where specific development criteria and standards
also exist in the Golden Gate Master Plan, Immokalee Master Plan or the
future land use element of the Collier County growth management plan, they
shall supersede any less stringent requirement or place additional
requirements on development.
2.2.12.4.1. Minimum lot area. 20,000 square feet,
2.2.12.4.2. Minimum lot width. 100 feet.
2.2.12.4.3. Minimum yard requirements.
I. Front yard. 25 feet.
2.Side yard. !5 foot. one - half of the buildin~ height as measured
from each exterior wall with a minimum of fifteen (15) feet.
3. Rear yard. 15 feet.
4. Minimum yard requirement from any residentially zc ~ed orA~E~A IT"i'~
propert).. 25 feet. ~
2.2.12.4.4. Maximum heightofstructures. 35 feet. JUN
Words z.~.~:k ,h .....
...... ~.. are deleted. words underlined are added.
8
2.2.12.4.5. Minimum floor area of principal structure. 1,000 square feet for each
building on the ground floor.
2.2.12.4.6. Maximum lot coverage. (Reserved.)
2.2.12.4.7. Floor area ratio. (Reserved.)
2.2.12.4.8. Minimum off-street parking and of~street loading. As required in dMsion
2.3.
2.2.12.4.9. Landscaping. As required in dMsion 2.4.
2.2.12.4.10. Lighting. The maximum height of lights shall be 25 feet. Lights shall be
located so that no light is aimed directly toward a property designated
residential, which is located within 200 feet of the source of the light.
2.2.12.5. Signs. As required in division 2.5.
r ........................ ~ ..................... e,, capac:ty on ........ ~
2.2.12.6. Architecntral and site design standards. All commercial buildings and projects
shall be subject to the provisions of division 2.8.
Sec. 2.2.13. Commercial convenience district (C-2).
2.2.13.4.3. Minimum yard requirements.
1. Front yard. 25 feet.
2. Side yard. 25 f:et one-half of the buildin~ height as measured from
each exterior wall with a minimum of fifteen (15) feet.
3. Rear yard. 15 feet.
Sec. 2.2.14. Commercial intermediale district (C-3).
2.2.14.4.3. Minimum yard requirements.
1. Front yard. 25 feet.
2. Side yard ! 5 feet one-half of the building height as measured from
each exterior wall with a minimum of fi~een (15) feet.
3. Rear yard. 15 feet. AGENDA I~
9
Sec. 2.2.15. General commercial district (C-4).
2.2.15.3. Conditional uses for C-4. The following uses are permitted as conditional
uses in the general commercial district (C-4). subject to the standards and
procedures established in dMsion 2.7.4.
1. Agricultural services (groups 0741-0742, 0752. with outdoor
kenneling).
2. Amusement and recreation services. outdoor (groups 7948.7992,
7996, 7999).
3. Auctioneering services, auction rooms (7389, 5999).
4. Automotive dealers and gasoline service stations (groups 5521. 555
5561. 5599 outdoor display permitted).
5. Automotive rental and leasing, outdoor display permitted (groups
7513, 7519).
6. Bottle clubs. (All establishments engaged in the retail sale of
alcoholic beverages for the on-premise consumption are subject to the
locational requirements of section 2.6.10.)
7. Fishing. hunting and trapping (groups 0912--0919).
8. Fuel dealers (groups 5983--5989).
9. Homeless shelters, as defined by this code.
10. Hotels and motels (groups 701 I, 7021, 7041 when located outside an
activity center).
11. Justice. public order and safety (groups 9222--9224).
12. Kiosks.
13. Mctien picture theaters (7823~,. Local and suburban transit (groups
4111-4121. bus stop and van pool stop only).
14." ...... :-~*:~" tc':.'er: -~- ........ :c..~,~ ~.~:_~.. ~"~':~-* to section
2.5.35 .Motion picture theaters (7833).
principal str--'eture. Communication towers above specified height.
subject to section 2.6.35.
16.e .... ~,:.~.~_~ ,4~r,_~,~ ~.,, .h;,. ~,~ Permitted use with less than
700 square t~et of gross floor area in the principal structure.
17..__~ Soup kitchens as defined bv this code.
2.2.15.4.3. Minimum yard requirements.
1. Front yard. 25 plus one foot for each one foot of building height
over 50 feet.
2. Side yard. ~5 feet one-half of the building height a! meas~!TEM
each exterior wall with a minimum of fifteen (15) feet
3. Rearyard. Zerc cr 5 feet 15 feet. JUN I 6 1999
words z*.r--.ck thr:::gh are deleted, words underlined are added.
10
Sec. 2.2.15¼. Heavy commercial district (C-5).
2.2.15 ½.4.3. 3,tinimum yard requirements.
1. Front yard. 25 feet, plus one foot for each one foot of building
height over 50 feet.
2. Side yard. - 15 feet one-half of the building height as measured from
each exterior wall with a minimum of fifteen (15) feet.
3. Rear yard. Zero feet cr 5 feet 15 feet.
Sec. 2.2.16. Industrial district (I).
2.2.16.2.1. Permitted uses.
I. Agricultural services (groups 0711. except that chemical treatment of
soil for crops, fertilizer application for crops and lime spreading for
crops shall be a minimum of 500 feet from a residential zoning
district, 0721, except that aerial dusting and spraying, disease control
for crops, spraying crops. dusting crops, and insect control for crops
(with or without fertilizing) shall be a minimum of 500 feet from a
residential zoning district. 0722-0724. 0761. 0782.0783).
2. Apparel and other finished products (groups 231 t-2399).
3. Automotive repair. sea'ice, and parking (groups 7513-7549).
4. Baber shops (group 7241 ).
5. Beauty shops or salons (7231 ).
6. Building construction (groups 1521-1542).
7. Business se~'ices (groups 7312. 7313. 7319, 7334-7336. 7342-7389.
including auction rooms (5999), subject to parking ~d landscaping
for retail use).
8. Communications (groups 4812-4899 including co~unications
towers up to specified heights. subject to section 2.6.35).
9. Construction--special trade contractors (groups 1711-1799).
10. DepositoD' ~d nondeposito~ institutions (groups 6011-6163).
11. Eating places (5812).
12. Educational se~'ices (8243 --8249).
13. Electronic ~d other electrical equipment (groups 3612--3699).
14. Engineering, accosting, rese~ch. m~agement ~d related se~'ices
(groups 8711--8748).
15. Fabricated metal products (groups 3411--3479, 3491--3499).
16. Food ~d kindred products (groups 2011--2099 exce~~i~~
17. Fumiture~d~xtures(groups2511--2599). ~ JUN 16 1999
words struc~: thrcugh are deleted, words underlined are added. ~
11
18. Gunsmith shops (group 7699) with accessoD' shooting range for
testing and training except for outdoor shooting ranges.
19. Heavy construction (groups 1611--1629).
20. Health services (8011 accessory to industrial activities conducted on-
site only).
21. Industrial and commercial machineD' and computer equipment
(3511--3599).
22. Leather and leather products (groups 3131 --3199).
23. Local and suburban transit (groups 4111--4173).
24. Lumber and wood products (groups 2426. 2431 --2499).
25. Measuring, analyzing, and controlling instruments; photographic.
medical and optical goods; w'atches and clocks (groups 3812-3873).
26. Membership organizations (groups 8611,8631 ).
27. Miscellaneous manufacturing industries {groups 391 I--3999).
28__=. Miscellaneous repair services (groups 7622-7699) with no associated
retail sales.
-2-8,.29__:. Motor freight transportation and warehousing (groups 4212,
4213--4225. 4226 except oil and gas storage. and petroleum and
chemical bulk stations).
iu~.30..._~. Paper and allied products (2621--2679).
?~.31~ Personal services (groups 7211-7219).
:M-,.32__,. Physical fitness facilities (7991).
?~.33_.~. Printing. publishing and allied industries (groups 271 l--2796).
:~4,.34_... Railroad transportation (4011,4013 ).
~4~.35__.Rubber and miscellaneous plastics products (groups 3021, 3052.
3053).
:7~.36._.~. Stone. clay, glass, and concrete products (groups 3221, 3251. 3253.
3255--3273, 3275. 3281).
:?~.37__=.Textile mill products {groups 2211--2221. 2241--2259, 2273-2289.
2297. 2298).
:1-7-~.38._=Transportation equipment (groups 3714. 3716, 3731. 3732. 3751.
3761. 3764, 3769, 3792, 3799).
i1~.39_~.Transportation by air (groups 4512--4581 except airports and flying
fields).
29.~,0._.:. Transportation services (groups 4731-4783. 4789 exce~ stoc.k.ke31il~.A ITEM
~,0.4.0~ United States Postal Service (4311 ).
Words s:r::zk :.u. rz::gk are deleted, words underlined are added.
,11.,12. Welding repair (7692).
42.,13~ Wholesale trade--durable goods (groups 5012--5014, 5021--5049.
5063--5092.5094--5099).
l13. ,14_.=. Wholesale trade--nondurable goods (groups 5111 --5159. 5181, 5182.
5191 except that wholesale distribution of chemicals. fertilizers.
insecticides, and pesticides shall be a minimum of 500 t~et t~om a
residential zoning district (5192--5199).
,!4.-'!5~ Any other use which is comparable in nature with the foregoing uses and is
otherwise clearly consistent with the intent and purpose statement of the
district.
See. 2.2.20. Planned unit development district (PUD).
2.2.20.3.7. Dedication of the public facilities and derelopment of prescribed amenities.
Public Facility Dedication. m~,~ ~.~.a ~c ............ ;.~; ..... may. aa a
impro;'e,ments. at *"~ de: '~:loper's ,^l~ expense. exccV a~ ^*~ .... ; .......... A
frame noted
impro;'cmcnt=
...................... IDA ITEM
JUN 16 1999
Words ctrt::k t~r=L:gh are deleted. words underlined are added.
13
.,. /
The Board of County Commissioners may, as a condition of approval and
adoption of the rezoning, require that suitable areas for streets. public right-
of-way. schools, parks, emergency medical services and Sheriff substations.
fire stations, master utility repump stations, and other public facilities be set
aside. improved. and/or dedicated for public use.
When developer commitments include real property conveyances (land
and/or easements) to a public entity, such conveyances must be free of all
encumbrances which could cloud title to the property or result in the
extinguishmerit of the public entitV's interest. Within 60 days of request by
the County, a developer may elect to provide the Collier County real property
management department with either an up-to-date title commitment and
subsequent title policy pertaining to the conveyance. naming Collier County
as the proposed insured, or an attomey's opinion of title. Should the
developer elect to provide the County with a title commitment, the developer
shall be responsible for all costs including all search expenses and policy
premiums. Within 90 days of being provided the conveyance. release and/or
subordination documents bv the County, or such other time period as the
Board of County Commissioners may authorize by ordinance, the developer
shall return said documents, fully executed by the appropriate parties. ready
for acceptance by the Board of County Commissioners and subsequent
recording in the public records of Collier County, Florida.
To the extent that impact fees are collected by Collier County to provide for
public facilities and services. credits off-settin~ said impact fees may be
provided by the County in return for the required dedication of land for public
use. The conveyance of a fee estate in said lands shall not operate to reduce
the gross acreage under ownership for purposes of the density calculation.
The dollar amount of a potential impact fee credit due to the developer as a
result of the donation of a fee estate in land to Collier County shall be the
lesser of the following:
(1) The price per acre or price per square foot the developer paid for the
property (if purchased within the 2 year period immediately precedin.~
the effective date of the initial rezone action ands'or development order
requiring such conveyance) multiplied times the area conveyed to the
Countv~ or
The market value of the land conveyed to the County as of the date
immediately preceding the effective date of the initial rezone action
and/or development order requiring such conveyance, as determined
by an appraiser from the then-current list of approved appraisers
adopted by the Board of County Commissioners.
In the event the developer chooses to select the appraiser from the
County's list of approved appraisers, the developer must notify the
County within 10 days of the developer' s notice to proceed with the
appraisal assignment. The developer's notice to proceed with the
appraisal assignment shall include notification to the appraiser that
Collier County is the appraiser's co-client along with the developer.
The County shall have 30 days to review and approve the appraisal
report. Fees for appraisal services shall be paid for by the developer.
Developers may be eligible for an additional impact fee credit equal to
one half(I/2) of the appraisal fee.
Prior to any petition by the developer to enter into a dex ~ ~."~ ~ ,
contribution agreement with Collier Countv, or any othe agreer~C'~NDKil'EM
which may grant impact fee credits, the developer must .rovidllOhe
County with either the appraisal report referenced above or a copy of
the developer's purchase agreement and deed for the prc ,erty.J U
Words :t.~:k t.hr~"g.h. are deleted. words underlined are added.
14
Should the developer as a pan of the rezoning action agree to
commitments that include the requirement that developer construct
improvements. for the benefit of the general public (as opposed to the
benefit of the development), such improvements must be completed
on or before the date the pt~ase of the development containing such
improvements is presented to the Board of Count',' Commissioners for
acceptance~ and the acceptance bv the Board of said phase of the
development shall include an acceptance of said improvements.
For purposes of this section the terms "County" and "Collier Count,,',
mean a political subdivision of the State of Florida," The Board of
County Commissioners, as the governing body of Collier County.
Florida, and as Ex-officio the governing board of the Collier County
Water Sewer District." and any and all independent governmental
districts including those of the State of Florida may properly exercise
iurisdiction over land and/or easement conveyances made pursuant to
the stipulations and developer commitments contained in any rezone
ordinance and/or development order. "Proposed development" shall
mean the property legally described in the rezone petition.
All dedications. conveyances and related developer commitments
required of the developer as a condition to the approval of the rezone
petition and adoption of the zoning ordinance shall be deemed
contractual in nature, and may be enforced by suit for specific
performance or other appropriate relief. All costs, including
reasonable attorney's fees shall be awarded to the governmental entity
if it prevails in such suit.
See.. 2.2.27. ~,~
2.2.27.1. n
cr. vlrcr:nent
Words e~_~L',~!: *-k:~2Z,~ are deleted, words underlined are added.
2.2.27.3. ~,,,:....~.;,,.. T~. ....... A~.A~ ~,A ,,,;A.~; ......... ~;~'~ tC d.~ ~k ....
in sczfien 2.7.3 ef:hi~ Cefle.
.................. ~ .,~ ..............j ....... prc',':sl$~s of 5~ct[02
shah adhc;c :c ths scnditis=s found in Divlsls= ~.S cf this Ccd¢. AH
lsl=2~ Ma=c;
2.2.27.5. I. !. Pc~!tt:d, ;c2~idc~a] and a~csssc~,' 'Js;s. As [cu=d within ssction 2.2. !,
st-~d-~ds, of this Code, ~xcsp: as nct:d b~lc',v:
JUN
Words ~:7=zk :~rz=~ are deleted. words underlined are added.
Lots ;; it,h less :,hart ] OO ,%et of street fro.hinge se;'en and
one half foe:.
~ ....... ~ ..................... as mcasurc~l from
finished floor ele;'aticn.
b,. ~ ......... str~c:~'rcs. on c._, ........ 4 {r~ existing
......... ., ...... , aS
r:, ......................... r=, ........... J~, t,' ..... , exsep:
.............. j .......... ,¢~ square ............ ~
...................... 7 ..............~ ....... per acre.
~ ~ ~'~ ~ ~ at.l,; c._;z,, ~A,d,; r~__;~., str--'ctures are pe...-nined in *"~ _~A; .....
Master
2.2.27.~.2.!. P.'r,,-.i::~d 'car, all:tar. a! ar.'d accosts, r.;' :;so:. As found ';,ithin sections
2.2.27.6.2.2. n ...., ............ ,~_.,~ ~ ~ f .... ~ ,.,;.~.; ..... ;~.~ ~ ~ ~ ,, ~; ....
t~. ...... J ..... .r
as set forth in a,, r, ...... ~,A ..... ~ ...... r ,1-,~ XAI ....
Master
libraries. '.:'emc:cries ap, d esscn:ia] ser'.'ices as de,~ned in ?re=tie= 2.~.9.
ess=:i,-! se:.,i.-e: of:hi: Code. JUN 16 1999
Words st,'%',~k :,h, re::g,h, are deleted, words underlined are added.
17
............................................ aCCCSSO,'3' I;SCS. An l~
2.2.21.6.~.~. Dos n .............. ~ ........... t ..........
2.2.27.7. Lands '~'~; ..... ~ ....... :,z ~, ,~, ~ ...... ~,,~
Island Afaz:cr Plan.
f~Hv ~_A ....... ;': uses r~, a a~,~g]~ project or
.............. ~ .............~se F ......... ,
""""~ ..... ' ......... ' ............ ~"' =: --~ To 1999
Words ;~rJck :hre=~h are deleted, words underlined are added.
18
· ~ ...... ca ot tn ....... u ~+-d.~ prc;'isions of section
~ ~ ~ ~ t ~ ~ c ............;..t .~ ......~ ...........D.~;~, .......; ...., ......... ;~ =sos with
2.2.27.7.!.2.!. ~_,;.. 0..3 ..... d V.~ .... ;.. r .... ;o, C..~ n;,,.;,,
USeS w,hiC,h cater to bct,h tourists and year :su.nd
dislris: is f'a~hsr identified as e~u ...... c~n;~, D~..,
fa~ih' ~ .... ;;;_~ units. AGENDA
JUN 16 1999
Words struck through are deleted, words underlined are added.
19
2.2.27.7.1.2.1.1. p ....; ....~ ....d;,;~..~ ~.d ................ A .... ;..~
str.:cturc3 "~° arc zccczac, r;.,' ~-~ ;.~;~..M to -"'*: c~_;x.,
provided ,~r in sccticn .............................. v
2.2.27.7.1.2.1.2. DcvclcF=c~t ;r',=-~ard;.'
~ JUN 16 1999
Words struck through are deleted. words underlined are added.
20
~.
bcd,'cc,,m 5OO squn:c .... , .... cr ,,"~c:c
i-' ...... ~, ~ .......... i~ .... :,:~
_.;~.n,. i ..... ,~., .... I,~ ~n~,, r AGENDA ITEM
........................... -~ ............................F""':IETNT6 1999
Words s:r"cE :h,-c=~,h are deleted, words underlined are added,
]
2.2.27.7.1.2.2.1.
2.2.27.7.19 ~ ~
~; .......... ~ ....~ ....~-~ in "'~;~ ..... ~- required side
fo~h in section 2.2.27.7. !. P, ezi~ential components of any
;-~ .... ~--* multi family
use stracturc. P, esi~ential units shah not be !ocate~ on the ~-~* floor of
~,~ .... ~an ....... c ....t~vo or more ~ ..... 750 square
2.2.27.7.1.2.2.3.
Arc,hitectural and Site Design Sta.=d=dz ==d Site .... ~ .... ~,,~ IT~
2.2.27.7.!.2.2. ).[arc'v L'd,~e Sub Dis::'ic:. The .'v!.arco Ln~ce Sub District is located
contractors' offices ';.'ith c'.'-tside storage areas. Mast existing structures
are t;;'o ster/-~d ';.'ere constpacted in e::ccss of 20 '..'ears ago. This is an
.... ::"-",' ":
i: ":~'.:!~Cl:';:.:'!:i:~ :1:.
' ':':"' '4 ': :, ).~t: :~:T'. '.:".:', .., .
i. 'y..'.':'-:,'!'i',,2 ':'.;,.' ".!Y"'.'.~
· :'i'.
t·-v 'C,',*,;:.,C4'.','.':-'!":. !- i:,,', ', :i*'.':·'
, .. · , i-.. '., , .,,-.-.-,
"- ,t'.:~:C:" '::, "X' ,:' .';, ".': ~.':~ ~,-: .. . '
-'..:X":'.,~'::~f,;""':::;}',V:/~'}'C.::::',;' :'. "
· .., :. ,, :,~ ':,,.':,f,,- ..- , ' ,,:, ,~.,,2 .., .',,' .
, .... ,....,.,: ,.:. ..... ~:, ;":~ :' .'.'
- .-. ": '- ">, ':" .4
"' " "-~"-' '.:;:t 'X:::;'-";:: ::'7,{:t.f.
'""/'2:./~.'~';Z..i.,>_,--',, .':'.% :'C-, '.'--:':
- /,,":'.".'" i:' ,'~ -;:W 'u ..:L_ "q{:,,",":{"' - :,' .'-'.'- ,' -'.: :~
A~A I~
Words stru:.kt,raug~aredeleted. words underlinedareadded. JUN 16 1999
23
zenin~ ~iztr~t z,~ll ~ly, ex~F ~
Roqui~cd y~ds: :%z zet f~n.% L~ tke ~n~erb'L~g zonin~ district.
except ~z feH~wz:
~ Rear yard: Zcr~ or ,q','e .%c: wit.h a minimu.m zcparati~n ~f ten
~t;~,4:458' ~;,,~A ~5e5 ~,~ p ............ ~j ......... v
the ~rst ~ccr of an'j mixed use
feel.
....... ;.~ ...d .,~..d ..... mk~ C~U .... :... A ....~ ...... standards
~--~" to all develo ment "':'k:~ '~ xa .... Lakz Sub
....... ;M not to ...... A in
+~..~A .... A .~.:.;.,, c~. ' ~ ..... A ,,,;.~;. its boundaries. A
.......... ~ .................... ~ ..... a r¢q=¢st: the number of
.financial ce.m..mi:.men: en :.ke pa.~ ef ~=c.% pre~e=:.' ewnerz :~ t~dnd
...;,~;. ,h~ ~;.,; .... A ....... A k ....A~';~ Of I~C di~tric:. and.
...... ;~ ~uildin~ ._A Prc;ectL
AGE~A
...... ;,,. r'~ .... c,,h District. 'r~ Community Center ,,~ ~: ......
A ;. ,~ ......... ~;- center of the ;~,~A ~A con=i: .....
wo~d~ =:,; :~=;~ .~ .~,~,~.. ~,o~a ..~.,.~. ~ ~..~d. 'JUN"T'~ 1999
2.2.27.7.1.2.,1.1. D ....;,,..d .....~;,; ....;ar:,dacccssoU ....... A .... ;..~A ;. ,h ....
· ~;~A A .... I .....
.2.4.2. ~ .....~ ........... ~'
commercial. not to exceed '!9 feet.
~'~""""~' ' "'"6' ~ ........................'~ F~'V~ ~
..F
A~A I~
JUN 16 1999
Words ..... ~' '~ ..... ~ are deleted, words underlined are added.
commercial uses, ,,,j,,, tc conditions and
· ,,;,h;, ,k~ xr;ll,_~ c ...... ;~1 District thrill ~-f~ t~
...... ,, ,~ ...... :.: ......c,,h ;_ ~ecticns 2.2.15
USe
feet.
b,. ,;~axi:,':u,,-: dc,':si:v.' Eig~ht units per acre.
o,~.A~.A .... 1,. tO M1 A .... 1 ..... , ,,,4,~,;~ ,1~= V;II~_~ Commercial
District.
........................... ~, ~f,~ ...... a,'~ __ site cr shared
~;~ ....... i,~ s~uarc c ...... of the two ~ r mcre~l~
........... ~"'~ ...............~ ................= ~'J~Ts' 1999
Words struck :~rou~ are deleted. words underlined are added.
26
be increaze~ ',o 30 percent.
utilized on exizting
2.2.27.7.!.!. Town Csx:cr, C~fi. vcd r,~. n;,,.;., Tk;. d;,,.;~, iS; .... A~A :C k~ '~ majcr
activity center zer.'ing the ccmmunity of >.~co Island and as such to
~ AGENDAiTE.~'
jL N 16 1999
Words ::.q:':k :hrc"gh ar~ deified. words underlined ar~ added.
:7
~lap 9
2.2.27 ~ ' "~ p .....; .....4 .....d,,; ....~ ..d acc.~sscr;. . .....A ~ ~ ...........:
to th~s prcvi=~cn, as w~ll as the provisions sz: forth ~n sections
Words ......~' *~ .....~ are deleted. words underlined are added.
28
...... :,,=,~ o.a.:~, to 'g ...... :~; ...... +~'"~' ;- section 2.2.27.7.1
................................. Uses ..................
2.2.27.7.2. .~;,; .... ;,~; .............. ~ ..a ....~ ........ ~ ........ c
~Provizian~ for bicycle and pedeztrian accezz to and fi-o,m t,~c zite. and
Di','izign 2.2 oftki5
~ Provisions to eliminate or ........... : ..............................
~; ......... ~ ,K~, it ~.c ...... ;'~ *~ provisions ~c
Mixed U~x District. the MSIP or SDP shal! demonstrate
have u ..... ~ to maintain ~"~" .... ~ ..... ~ _~a .... ; .... A/~, I~E~A IT~
accez to. and view co~idorz of. the water on waterfront ~rop~z for
Words~wu=k:br,ugharcdclctcd. words underlincd arc added. JUN 16 1999
w;, .... p ......... ;.~ District. prc;'isicns ~h~n h~ ~,A= to presep.'e
state. These provisions may ine!ude. Dot are net limited to t~e creation cf
designcot and.
inc!udin ....... ;..A .... A ....
................... r ............... request ........ a v~iance may be
administrative v~iancc in effect at the time mack request is made: a
F,~- v ....... ~, prcp~:,'. a ..... to scale, ~.io,;~,~ all
..... . ....... A ....... A ; ............. · infomati0n
.............. v, -v ........ v ............. suppcmv$
~ ~ ~7 7 0 1 ;2. v ......;,.~,Z ....D; ......4,,~,;~. ~ r .......; ......A ........ ~ ~f ~. L~C~D or
..... ;..~ ~h.,~ k .... .~.;_.a k,, ,~..~._.;._ sea'ices director. or his
the MSDP or SDP.
2.2.27.8. IReact'veal ]
;.,..a~a :c _;.;_;.~ ,h .... ,;c~.~.;~_ ~c ~; ...... ~;, ...... ;,~;_~ r~. well
signage in both residential ana non resi~cntia~ areas.
Marco Island Mast= PI-~ shall adhere
fcnh heroin. In the case of a conflict bct'e.'cen the two ~cti~ns. the more
2.2.27.!9.2.1.1. tn.._; ........ c; ......... ~ .....
-rv ........... ~ ........ ~,, COpy ~
2.2.27.19.2.1.2. ~, ........ ; .... A~ ~.~..A ;.
....... A .... ""Far c.l. ,, ,,r.. D.., ,, or
Words=ru:k:hrcugharedeletcd. words underlined are addcd, JUN 16 1999
30
........ ~ ......... u ................... ~i~ ....... ~ ........ : ~1~, a gi~ c
~cc site d~re~ficna! s~gn. nat :g ...... a c
a,,,;.,, a ....... ;~A .... ~ ..... C~;a
ccmpany cr b'as~n~ss ~ Hccnsed tc sell real estate in the state. the name
2.2.27.10.2.1.2.1. Red c~m:c signs cn ~,~ ~,,~i.~.;' :~,~c~
bc af~xad to this sign.
Su~-c~s shall not ...... A
All suppers ska!l either bc white or black.
~ Mav:'m::m z,,,;~.,. T~ez ~ ............. ~ e-~ average n-;~h~J
ground clevation.
of the pavere;n: cfan:, .~j ...... ~
JUN 18 1999
Words ~mzk :h~czgh arc deleted. ~ords underlined are added.
31
All supports shall chher be ~vhit~ or black.
lj t,j
.,'~',cdc! .hc, mc. approv~d in cc.~u.nc:icn wh.h a :~.mpsra,~-' us~ p~i:. is
.......... ~ .............................. ~ ............ v ........ prcpc~y
J U N ~ 6 1999
Words .....~ '~ .....~ are deleted, ~ords underlined are added.
32
!ljustrallon 3
........ ~ v ................ ~ ................... ~ v ............... required for
is ~-; ...... ,..~,.A p ........ ;~- signs ~n .~. ~ ;n.._; .... A in any
.................... ~ .............. : ................... ~'~E~A I~
JUN 16 1999
Words stmcE through are deleted, words underlined are added,
2.2.27.10.2.! '~ ~ ,,,.;d ....~ ;,r .....: ..... ,4 ,z; ....; .....~ signs.' a maximum
incidental non ....... ;'" ;,r .... ;-- cr A: .... :^--~ signs may ~'~
erected cn residential propen:ca and ,~n act rzqu:r: a ........ ~ r ........
...... v .......... SlgBs ........ na~$ or Insignia F,-~ ........... : ,,,e ....
....... ~ .......... ,,xt~ T .......;.~,, ,:~., ,,~ ........ c n~,, signs.
gate s:g~s may bc Icested at cac,h entrance tc *he prcjcct. ~ uch si~.,,
Words strazk ......... are deleted, words underlined are added. JU N I 6
34
Pg-
eft. '~ I,~,-; ......XiZC.' Tk ........ACr ....I1
shall not be illuminated in a~:,' man~er,
~sm~s 5rcksr. isv~stm~ scmpa~:,' cr b'asin~ss
.... I Z ~ 1* ~OrF~ · F ..........tO
A~A
JUN 1~ 1~
Words s:TJ~k :hr~gh are d~lct~d, words u~d~rli~ed
~ ~ ~. /~ 7 .
||luslra|ion b
2.2.27.10.2.2.2. r' ..........; ....; ...........tn .......;~. "~,,,z .....i ,, o;.M .......... ;~.
pc_--it ~o ~ ......... ~ ~.~ ~...,A;._ . ~u k ...... :~ for the
...... ~ n ...... a ......... ;~" sign '~"" ~ limited to ,h, name and
~.~; .... ;.~ ~ .... ,.,~, .... ~, ..... ~.,.~,~.,~, ; .... I..~ with '~
~c ................... ~ .... ~ ...... ;~,: ........ ;,~A in ~;";-:~" 2.5 of
cc~ificatc of cccu-ancv is granted.
AGENDA ITEM '
JUN 16 1999
Words ;:rusk 'k .....~' are deleted. ~ords underlined are added.
36
2.2.27;!9.2,2.3.2. P:~mY:::~ OFa'~ ~ ": ....... ~ .... ;~ ~ .... ~ ............. ~'~ ~" '
canopy cr awning sign is _~__;+,~A r ..... . ,;~ .................
percent of the '.vidt,k cf t,~e unites) occupied by a business '.vit,~
cf t,~e :igr,. e::eeV t,kat a,qc,~cr :artants ,may vary from
Wall. man;ard. canopy cr arming signs may net exceed ! 5
~ m~ projecting sign dee: net ...... ~ ......... h~_ c
' I~ '
JUN 999
Words :~;k '~ ....."arc deleled, words underlined are added.
37
shall k. ete;'ated to a -:"; .... ~.;.~., ^r .:..,., c .... ~. ...... ;A
p .......... way.
to the top of the s~gn face. Architectural trcatmcn:z
other zush :r~ntmen:s..~M~ k .... ;,~A tO "~;"h' Of 12 feet.
n_~ signs shall prcv~dc a ~ .......... ;A,h
a m~n~mum cf 20 percent cf :he sign structure and extending
from the bo::cm cf :he sign s:ructurg :c thc ground.
provided arc~nd '~ k .... +' ...... ~ ~; ....... ;
the fi2~shcd grade of:he lot c2 which the s~gn
~ The maximum size cf any ~,,,~ .......... :
persons or busincss~ ..... ;,,.A ,,.;,~ or
upon. or products or scP.'[ccs _cr,,,A upon ,h
· ,vhick :he s~n i~
............. v: stuns s,hall not exceed six square
JUN 16 1999
Words ctr2ck thrc=gh are deleted. ~ords underlined are added.
3, . l .. /7/
Under canspy signs shall be installed so as ts maintain a
C'dnsrruclkm
~ ....~l ......... l~,;~ m ....... A iS not
~ ]]lu;::i::sZlon design and :ne:ho~.'
~ ...............~ ......&~ , ~ .............
Single or ,,multiple ~cnsnt buil~L~gs lccs~c~ on a
125 IL~ar ,c~: or = ..................... ~
maxjm=m of five ~cn~
is ,an ~u~c r~, in .... u,~ ........ A;
pemktcd. rE= maximum combined sizg skall no: exceed !20
squ~-e fcel ~z arca.
............................ ~ .........' .........' ................~ ........~'T' ' "'
..... ,., ....~ ......~..; .........,.., ................,. :~=igJ~N 16 1999
Words s~mck :hrc=~h are deleted. words underlined arc added.
2.2.27.10.2.2..1.1. D,,,.t cs:~:c :ig~.s. · ....L,~ ~ ......, ........z ccmgr:;c:ix~:
ccnfc~ to :he provisions afthis Code as follo'.~s:
In coPjunction "';'~ ,u~ issuance ~ra
cxtc=t of value of $uc~ 5t,~ctura[ a~teration:
.~.. nOB ............. ~ on prcmlses
All other noncenicking signs ~" ~-~
2.2.27.11 o .....; ......~ _~.~; .... ~ :'ccr~;lion .... ~:~" T~
neighborhocas to reauce congestion. prevent cvercrcwaing and the
blocking of views. to maintain the flee ~ov,' of air
............ PF . ,,,~ restrictions ~' fo~h in this section ,, ~ imen~e~ to
the confines of a garage, ca~o~, or .... :
..................... ~ ......................... AGE~
Words ;tr=:k *~ .....
...... ~. are deleted. words underlined are added.
40
ccnse2utive pe..-nm. its mar.' be issued. A maximum of four
r ................... ~ ...... ; ......... v...e or living activities
be ~av.r.
except "'~ .... x.~ r~H ....; ..... A;,;
1~. Boats may be ..... A ~ premises .... A c ..... ;A~_,;M ...... "' in one
of the e~n .... ; ..... X,~A~.
4-: O ........ k~ ,~,.A in *~ .... ~' .... r a garage or ~'""
~ Boats may be stored on doe'its. lifts. elevators cr similar
~ E)~,~ ~,, 1,~ ot~J ..... Jl ...... ;~,;~ ~Fa
trailers. ~' ....... A/ ......... ;~1 or ;,A,,o,,;~ ,,~,;~o
bona fide .~;A ..... ~- ....r ..... ; .... cr ^'~'~'~ mat,' ~ .... ,.~A ~. ,h~
alleys or at,at ..5 ...... way . .......... ~
activities or k~; ...... .~A ....... A .k ..... Tk ...... ;~;
shall not apply tc 5=sos. tmckc cr trailers p2kcd in a
222722;'ZLT";V',LT .UZff,U
Words =rack thrsug~ are deleted. words underlined are added.
be ',:'SEA,, for reziacntial occupanc/.
2.2.27.12. n~a..;,: ....r^, ,~, .......... e ,~,; ......~ ....~ r~n ....;_,. ~_;,;~
SUBSECTION 3.B: AMENDMENTS TO OFF-ST~ET PA~ING AND LOADING
Division 2.3. Off-Street Parking and Loading, of Ordinance 91-102, as amended. the
Collier County k~d Development Code, is hereby amended to read as follows:
DIVISION 2.3. OFF-ST~ET PA~ING AND LOAD1NG
See. 2.3.16. Off-street paring and stae~ng; required amounts.
2.3.16.1 Bicycle parking for non-residential developments.
1. Provisions for the safe and secure parking of bicycles shall be
~ished at a ratio of five percent of requirements for motor
vehicles as set forth in See. 2.2.16. but not to exceed a ratio of
~' '~ ...... ;-~ .... k~" of maximum of 15 total bicycle p~king
spaces. A minimum of two bicycle parking spaces shall be
provided.
2. A bicycle parking facility suited to a single bicycle ("parking
space") shall be of a stand-alone invened-U design measuring a
minimum of 36 inches high and 18 inches wide [of 1 V: inch
Schedule 40 pipe. ASTM F 10831] bent in one piece ("bike rack")
mounted securely to the ground [by a 3/8 inch thick steel bas~ plate.
ASTM A 36] so as to secure the bicycle frame and both wheels.
3. Each parking space shall have a minimum of three feet of clearance
on all sides of the bike rack.
4. Bicycle spaces shall be pave& surhced with the same or similar
materials approved for the motor vehicle parking lot, lighted ~d
located no greater than 100 feet from the main building entrance.
5. Extraordin~ bicycle parking designs which depart from the bike
rack st~d~d but ~e in keeping with the developmem's design
theme shall be considered by the County architect. Bike racks
which ~nction without securing the bicycle fr~e, require the use
of a bicycle kick stand. or which may be freely reoriented are not
allowable.
........ " AGE~
.................................... ...................... 1999
Words strJc~ th;c=~h are deleted, ~ords underlined are added.
42
Pg
forth in .... ;A. ,: ~ ~ ~,,~; ...... ~ cast ....; ..... a;.;
,nn square ~' .... ~,~n ..... ;A~ .t,~ minimum r ...... ~ ..... ;.=a
thc di:abled as
SUBSECT]ON 3.C AI~IENDMENTS TO SIGNS
Division 2.5. Signs. of Ordinance 91-102, as amended. the Collier Count)' Land
Development Code. is hereby amended to read as follows:
DIVISION 2.5. SIGNS
2.5.5.1.2. Real estate signs. The following signs classified as real estate signs shall be
permitted in residential districts subject to the following:
1. One ground or wall "For Sale," For Rent." or similar sign, with a
maximum of four square feet in size. per street frontage for each
parcel. or lot less than one acre in size. Said sign shall be located no
closer than ten feet from any adjacent residenttally used property and
may be placed up to the propen}' line abutting a right-of-way,
provided it is a minimum of ten feet from the edge of pavement. (No,
building permit required.)
2. One ground or wall "For Sale." "For.Rent." or simdar siSb with a o9._ _
maximum of 12 square feet in size. per street frontage:lfor each'Farcel.
or Jot one to ten acres in size. (No building permit required.) , ~.~
' :,:J 15 1999
Words "::---'-~k thrc, L:gh are deleted, words underlined are added.
43
3. One ...... A pole sign with a maximum height of 15 feet or wall "For
Sale." "For Rent," or similar sign, with a maximum of 64 square t~et
in size. per street frontage for each parcel or lot in excess o__f ten acres
in size.
4. Real estate signs shall not be located closer than 15 feet from any
property line. In the case of undeveloped parcels where the existing
vegetation may not allow the location of the sign 15 feet from the
property line. the planning setMces director may allow a reduction in
the amount of the required setback however, in no case shall said sign
be located closer than five feet from an>, property line unless
authorized by the board of zoning appeals through the variance
process.
5. Real estate signs shall be removed when an applicable temporary use
permit has expired. or within seven days of any of the following
conditions: o~'nership has changed; the property is no longer for sale;
rent or lease; or. the model home is no longer being used as a model
home.
6. A sign advertising that a property has been sold or leased shall not be
displayed for more than 30 days after it is erected.
2.5.5.1.3. Model home signs. One on-premises sign for model homes. approved in
conjunction with a temporan' use permit in any zoning district not to exceed
32 square feet. Model home sign copy shall be limited to the model name.
builder's name. name and address, phone number. price. logo, and model
home. Model home signs shall not be illuminated in am, manner. (No
building permit required.)
2.5.5.1.4. Construction signs. All supports for such signs shall be securely built.
constructed. and erected and shall be located on the site under construction.
subject to the following:
1. One ground or wall sign. with a maximum of four square feet in size.
may be used as a construction sign by the general contractor of the
development or as a permit board. within each front yard for each
parcel less than one acre in size. (No building permit required.)
2. One ground or wall sign, with a maximum of 12 square feet in size.
may be used as a construction sign by the general contractor of the
development or as a permit board, within each front yard for each
parcel one to ten acre_s in size. ('No building permit required.)
3. One grcu.~ pole sign with a maximum height of 15 feet or wall sign,
with a maximum of 64 square feet in size, may be used as a
construction sign by the general contractor of the development or as a
permit board. within each front yard for each parcel in excess of ten
acres in size.
4. One ground or wall sign. with a maximum of four square feet in size.
may be used as a construction sign by each contractor, lending
institution. or other similar company involved with the development.
regardless of parcel size:: (No building permit required.)
2.5.5.1.7. Conditional uses within the residential and agricultural districts.
AGENDA ITE~ '
1, Conditional uses within the residential district are pe~ rotted one wall ~
sign with a maximum of 32 square feet, Comer lots m pernl~ :;;'G
such wail signs.
JUN 16 1999
Words ::.~,'~k :~,'c"~ are deleted. words underl ined are added.
44
2. Conditional uses within the agricultural district in the urban area.
residential and estates districts with a street frontage of 150 feet or
more and a land area of 43.560 square feet or larger are permitted a
ground sign with a maximum area of 32 square feet.
3. Bulletin boards and identification signs for public. charitable.
educational or religious institutions located on the premises of said
institutions and not exceeding 12 square feet in size. ('No building
permit required.)
4. The Board of County Commissioners may approve additional signage
as may be deemed appropriate during the conditional use approval
process.
2.5.5.2. Signs ~ 'ithin non-residential districts.'
2.5.5.2.1. Un!~ed sign plan. Where multiple on-premise signs are proposed for a single
site or project. or in the case of a shopping center or multi-use building, a
unified sign plan shall be employed. An application tbr site development or
site improvement plan approval shah be accomp.anied by a graphic and
narrative representation of the unified sign plan to be utilized on the site. The
unified sign plan may be amended and resubmined for approval to reflect
style changes or changing tenant needs. Design elements ,,vhich shah be
addressed in both graphic and narrative form include:
(a) colors:
(b) construction materials and method;
(c) architectural desic, n:
(d) illumination method:
(e) copy style:
sign typeis) and location(s): and.
in the case of multi-use buildings, and parcels with multiple structures
on site. including outparcels. the unified sign plan shall indicate
contbrmance with the tbllowing:
no wall sign shall exceed 80 percent of the width of the unit(s)
occupied by a business with a minimum of 10 percent clear
area on each outer edge of the unit(s)i
-.(2J all wall signs for multi-use buildings shall be located at a
consistent location on the building facade. except that anchor
tenants may vat,' from this locational requirement in scale
with the anchor tenant's larger primary facade dimensions. All
signs shall adhere to the dimensions provided for in the unified
sign plan; and
(3) pole signs shall provide a pole cover with architectural design
features. including colors and/or materials common to those
used in the design of the building the sign is accessory to. A
minimum 100 square foot planting area sha t be ~k-'tlhi ITEM
around the base of any ground or pole sign, cor istent with the ~
provisions of dMsion 2.5. of this code (see [ljustJ~e,~ 16
beloxvt.
JUN 16 1999
Words st:".zck '.hrs'.:'gh are deleted. v, ords underlined are added.
45 Pg-_.Z_../-,~
2.5.5.2.1.1. Outparcels. In addition to the above requirements. unified sign plans
o. utparcels, regardless of the size of the outparcel. shall be limited to the
following:
(a} a wall sign for an,,' facade adiacent to a public right-of-way and a wall
sign t~r any facade facing the main commercial center with a
maximum of 60 square feet, not to exceed a maximum of two
signs for any single use~ and,
a single ground or pole sign for outparcels having a frontage of 150
feet or more. not to exceed 60 square i~et. Pole signs shall be limited
to 15 feet in height.
2.5.5.2.1.2. Building permit requests. Requests for buildin~ permits for permanent on-
premise signs shall adhere to the unified sign plan. which shall be kept on file
in the community development and environmental services dMsion.
Requests to permit a new sign, or to relocate. replace or structuralIv alter an
existing sign shall be accompanied by a unified sign plan for the building or
project the sign is accessory to. Existing permitted signs may remain in place:
however, all future requests for permits, whether for a new sign. or relocation.
alteration, or replacement of an existing sign. shall adhere to the unified sign
plan for the propert`,'.
2.5 .5.2.~ 2.=. Development standards.
1. Maximum allowable height. All signs within non-residential zoned
districts and as applicable to non-residential designated portions of
PUD zoned properties are limited to a maximum height of eight feet.
except wall or pole signs. or as otherwise provided for within this
section. Height shall be measured from the lowest centerline grade of
the nearest public or private R.O.W. or easement to the uppermost
portion of the sign structure.
2. Minimum setback. All signs within non-residential zoned districts and
as applicable to non-residential designated portions of PUD zoned
properties shall not be located closer than 15 feet from the propenS'
line, unless otherwise noted below or as provided for in section
2.1.13.
2.5.5.2.1g 3. Real estate signs.' The following signs classified as real estate signs shall be
permitted in non-residential districts subject to the following:
1. One ground or wall "For Sale," "For Rent." or similar sign with a
maximum area of f~ur twelve square feet in size per street frontage for
each parcel. or lot less than one acre in size. (No building permit
required.)
2. One ground or wall "For Sale," "For Rent." or similar sign, with a
maximum 32 square feet in size, per street frontage for each parcel. or
lot one to ten acres in size. (No building permit required.)
3. One ground pole sign with a maximum height of 15 feet or wall "For
Sale." "For Rent," or similar sign, with a maximum of 64 square feet
in size, per street frontage for each parcel or lot in excess of ten acres
in size.
4. Real estate signs shall not be located closer than 15 feet from
property line. In the case of undeveloped parcels where tt: exis~tlltiNDA
vegetation may not allow the location of the sign I5 fee fron~.e c~
propert>, line. the planning services director may allow a re tuction ~n
the amount of the required setl~ack however, in no case shal saidJ~L
Words :tr.::$: tkr.~ug~ are deleted, words underlined are added.
46
be located closer than five feet from any property line unless
authorized by the board of zoning appeals through the variance
process.
5. Real estate signs shall be removed when an applicable temporaB., use
permit has expired. or within seven days of an3· of the following
conditions: ownership has changed: or. the property is no longer for
sale. rent or lease.
6. A sign advertising that a property has been sold or leased shall not be
displayed for more than 30 days after it is erected.
2.5.5.23.,4. Construction signs. All supports for such signs shall be securely built,
constructed, and erected and shall be located on the site under construction
and no closer than 15 feet from any property line, and subject to the
following:
1. One ground or wall sign, with a maximum of 12 square feet. may be
used as a construction sign by the general contractor of the
development or as a permit board, within each front yard for each
parcel less than one acre in size. ('No building permit required.)
2. One ground or wall sign, with a maximum of 32 square feet in size.
may be used as a construction sign by the general contractor of the
development or as a permit board. within each front yard for each
parcel one to ten acres in size. (No building permit required.)
3. One ground pole sign with a maximum height of 15 feet or wall sign.
with a maximum of 64 square feet in size, may be used as a
construction sign by the general contractor of the development or as a
permit board, within each front yard for each parcel in excess of 10
acres in size.
4. One ground or wall sign. with a maximum of 4 square feet in size,
may be used as a construction sign by each contractor. lending
institution. or other similar company involved with the development.
regardless of parcel size. ~.*PR) (No building permit required).
5. All construction signs must be removed prior to the issuance of
certificate of occupancy.
2.5.5.2.45. On-premise signs. On-premise pole signs, ground signs, projecting signs,
wall signs. and mansard signs shall be allowed in all nonresidentially zoned
districts subject to the restrictions below:
2.5.5.2.4 5.1. Pole or ground signs. Single-occupancy parcels. shopping centers, office
complexes. business parks. or industrial parks having frontage of 150 feet or
more on a public street. or combined public street frontage of 220 linear feet
or more for comer lots, shall be permitted one pole or two ground signs.
Additional pole or ground signs may be permitted provided that there is a
minimum of a 1,000-foot separation between such signs. and all setback
requirements are met. In no case shall the number of pole or ground signs
exceed two per street frontage. In addition, multiple-occupancy parcels such
as shopping centers, office complexes, business parks. or industrial parks
containing 25,000 square feet or more of gross leasable floor area, and eight
of more independent businesses will be permitted one directory sign with a
maximum size of 250 square feet for a single entrance on each public street.
When a directory sign is proposed then any pole or ground sig~s 'shalhrtliUD A ITEM
limited to the name and 1o,,o of the complex and shall not contain na.~._2.of ~.__
any tenant.
j ,{16 1999
Words str.:'ck :.h.r~ugh are deleted. words underlined are added. ~
1. Maximum allowable sign area: 100 square feet for each pole or
ground signs. or a maximum combined area of 120 square I~et for two
ground signs, except for approved director}' signs.
2. Setbacks: 15 feet from an.,,' properly line. public or private right-of-
way~ or easement. unless otherwise noted below or as provided for in
section 2.1.13., and with the exception of directon., signs which may
be located within the medians of private streets or easements.
provided that there is a minimum of a 15-foot setback from all project
boundaries and public rights-of-ways and easements. and their
location presents no visual obstructions. or traffic hazards to motorists
or pedestrians. unless otherwise noted below' or as provided for in
section 2.1.13.
3. The 15-foot setback requirement may be administratively reduced by
a maximum of ten feet by the planning services director upon
submission of the administrative variance fee and a x~qritten request.
The planning services director's decision to reduce the required 15-
foot setback shall be based on the following:
a) Where it can be demonstrated that within the adjacent right-of-
way the area between the property line and the edge of
pavement is excessively wide and that the actual paved area is
unlikely to be widened to the extent that reduction in the
required setback will result in the sign being any closer than
30 feet to the edge of pavement;
b) Where due to the existing site conditions and improvements. it
~ can be demonstrated that adherence to the required 15-foot
setback will have a deleterious effect on the safety of users of
· the site from the perspective of vehicular parking and
vehicular and pedestrian ingress and egress:
c) Where due to the nature and location of existing landscape
features and/or specimen trees. it would be prudent to allow
for a reduction in the required setback so as to most
appropriately locate the sign structure: or.
d) The extent of the reduction is the minimum amount necessan.'
to provide relief from the applicable conditions cited above.
4. Maximum allowable height: 20 feet in height, except for director},
signs as permitted in section 2.5.5~2.4.1., which may be 25 feet in
height. Height shall measure from the lowest centerline grade of the
nearest public or private right-of-way or easement to the uppermost
portion of the sign structure.
5. The maximum size limitation shall apply to each structure. Pole or
ground signs may be placed back to back. side by side. or in V-type
construction with not more than one display on each facing, and such
sign structure shall be considered as one sign.
6. Spot or floodlights shall be pertained only where such spot or
floodlight is non-revolving and said light shines only on the owner's
premises or signs and away from any right-of-way.
2.5 .5 .2.'1 .2.o~ cr grc:~,",d signs ..... ~;" rcgic:::,! "z'~F-'-g ....... One .A~ ......... A
................ ~ ................. requ:reme::ts are met. In n~ case shal! the
Words c*,r'_'ck thrs::~h are deleted, words underlined are added.
48
P,.
........ e ........... on each p ztrcet.
v .............................. , Or ..................
The extent of the reduction is the minimum amount neeessay,'
signs as pe...~itted in acelien ............ , ..........may ~
~ ~ ............. ~ .......... : ........ : ".e ........ :' { " ' AG~NDA
~._,~H, mdn~arJ, canopy or mvnin~ sign& One wall, m~sCT,
2.5.5.2.~ 'awnin~ sign shah be p¢~incd Eor each sin~l¢-occup~cv par : or ~jr each
~o~:=:~:~=;;~,~,~.~o~..~.,.~.~.~.~ JUN 16 1999
49 ~ Pg.
establishment in a multiple-occupancy parcel. Corner End units within
~,,i,:_~ ................. ~ shopping centers. or single occupancy parcels
where there is double frontage on a public right-of-w'ay, shall be allowed two
signs, but such signs shall not be combined for the purpose .ic placed placing
the combined area on one wall. In addition. outparcels within shopping
centers may by allowed one additional sixty square Ibot wall sign facing the
shopping center if the additional sign is not oriented towards any public right-
ogway. In no case shall the number of wall signs tbr an outparcel exceed two
signs. Retail businesses with a floor area of larger than 15.000 squ~e feet and
a front wall length of more than 200 line~ feet. are allowed t~ee wall signs:
however. the combined ~ea of those signs shall not exceed the maximum
allowable display area for signs by this code.
1. The maximum allowable display area for signs shall not be more than
20 percent of the total square footage of the visual facade of the
building to which the sign will be attached and shall not, in any case.
exceed 250 square feet in area for any sign.
2.5.5.2.~ 5.2. Projecting signs. Projecting signs may be substituted for wall or m~sard
signs provided that the display area of the projecting sign shall not exceed 60
squ~e feet of display area.
1. Projecting signs shall not project more than four feet from the
building wall to which it is attached.
2. Prqjecting signs shall not extend above the roofiine of the building to
which it is attached.
3. Prqecting signs shall not project into the public right-ogway.
4. Projecting signs which project over any pedestrian way shall be
elevated to a minimum height of eight feet above such pedestrian
way.
2.5.5.2.~ 5.~. 6~der-canopy signs. In addition to any other sign alloxved by this code. one
under-canopy sign shall be allowed for each establishment in a shopping
center. This sign shall not exceed six square feet in area and shall be a
minimum of eight feet above finished grade. Under canopy signs do not
require a building petit unless the sign is equipped with an electrical
component.
~ v ..... *~" ' .......~' or ~,.~.a~ ~C .... ; ............. ~;_~.;_~ will
..... ~v .........,, ,~o ,~ .......o ......or ..... ~,e,,~ except as
..................................... : a ......... c :c:r:ca~a~A I~
2.5.5.2.5.5. Signa~e for amomobile sen'ice stations:
JUN 16 1999
Words ::~ck :hr:u~h are detemd. words underlined are added.
50
The followinn are the only signs permined in automobile services stations
and convenience stores with gas pumps.
1_. Window sicns may onlv show the building address, hours of
operation. emergency telephone numbers. and acceptable credit cards.
.29. An illuminated corporate logo with a maximum area of twelve (12)
square feet shall be allowed on a canopy face which is adiacent to a
dedicated street or highway. Otherwise. accent lighting and back
lighting is prohibited on canopy structures.
3_. Pole signs are prohibited. however. one (I) ground sign shall be
permitted for each site and shall be placed within a 200 square foot
landscaped area. Height is limited so that the top edge of the sign face
is less than eight (8) feet above grade. Maximum pertained area 70
square feet.
4.=. Illuminated signage. logos. advertising and information are prohibited
above gas pumps.
2.5.5.2.4-.~. 5.6. Signs within planned unit developments (PUDs). Pursuant to the purpose
and intent of this division, creative. flexible and uniform comprehensive sign
plans providing for size. location. type. and common architectural design
standards. are encouraged within all PUD zoning districts, and specificall),
required for PUDs containing in a commercial component. Sign classes and
sizes for planned unit developments should be the same as the standards
found within this code for the zoning district the development most closely
resembles. unless such planned unit developments have comprehensive sign
standards contained in the PUD document.
2.5.5.2.4,-g, 5.7_._=. Flags. Residential properties that have been issued a certificate of
occupancy may display up to three non-commercial flags. Three non-
commercial flags may be displayed at the entrance of a commercial. office.
industrial or residential development. Where these developments have
multiple entrances, an.,,' entrance may have up to three flags each. provided:
the development is at least ten acres in size. an.,,' entrance with flags is
providing ingress/egress only off a roadway that is designated a collector or
arterial in the traffic element of the growth management plan. and all
entrances with flags are at least 300 feet apart. Four additional flags may be
displayed within a development provided the flags are not visible to motorists
along any frontage roadways. The four internally displayed flags may be
increased by up to eight additional flags for maximum total of 12 flags with
the amount of the proposed increase to be determined by the planning
services director. provided: all proposed flags would not be visible to
motorists along an.',, frontage roadways and the planning services director
determines that the display of the extra flags is essential to the theme and
design of the development.
1. All flagpoles with a height in excess of 15 feet above finished grade
or that extend more than ten feet from an)' building that they are
attached to shall be subject to the building permit process. As a
condition of pertaining, the flagpole foundation or attachment shall be
designed by a Florida registered engineer on a signed and sealed
drawing showing construction details and maximum flag area that is
supportable. Certified designing and sealing shall not be required
where flagpoles are located at a distance exceeding their height plus
five feet from all structures (except those designed solely ft ~7~V~ ~u~NDA ITEM
: i ·
propen>' boundaries. utility lines and poles. and pedestrim / i
accessways and roadways open to the general public or th resid'~t:s
ofthatcommunity. JUN 16 1999
Words ..... ~, .~. ..... h are deleted. words underlined are added.
51
2. On single-farnily or duplex lots flagpoles shall not exceed 30 feet in
height above finished grade. For all other residential zoned parcels.
flagpoles shall not exceed 35 feet in height from the finished grade or
extend more than 20 feet from an>' building to which they are
attached. In the estates. agricultural or conservation districts flagpoles
shall not exceed 35 feet in height above finished grade. In all other
zoning districts. flagpoles shall not exceed 50 feet in height from the
finished grade. nor extend more than 20 feet from an>' building to
which the}' are attached. nor shall the width of the flag exceed 30
percent of the length of the pole to which it is attached.
3_. All flags in all zoning districts shall have a minimum 5 foot setback
from all property lines.
2.5.5.2.,1.9. 5.8__.:. Temporary, signs. The erection of any' temporat>' sign shall require
permitting as established within section 2.6.33 unless otherwise indicated
herein. Applicants for temporaD' sign permits shall pay the minimum fee
established for said permit. Temporary signs shall be allowed subject to the
restrictions imposed by this section and other relevant parts of this code.
2.5.5.2.4.9.!~ 5.8.1. Political signs. Political campaign signs and posters shall be permitted subject to the tbllowing requirements:
1, Prior to the erection. installing. placing, or displaying of a political
sign a bulk temporat,.' permit shall be obtained. The permit number
shall appear on every sign or on the pole supporting the sign. The fee
for said bulk permit shall be as adopted bv resolution by the board of
count>' commissioners.
2. Political campaign signs or posters within residentially zoned or used
propen>' shall not exceed four square feet in size. and shall not be
located closer than five feet to an>' propert>' line. Political signs placed
within residential districts shall require written permission from the
propert>' owner.
3. Political campaign signs or posters will be permitted in all other
zoning districts within a maximum cop>' area of 40 square feet per
sign, and shall be located no closer than 15 feet to an>' property line.
The number of such signs shall be limited to two signs for each lot or
parcel per bulk permit issued for each candidate or issue.
4. All supports shall be securely built, constructed and erected to
conform with the requirements of this code.
5. The maximum height of any political campaign sign or poster, except
those that may' be affixed to a wall, shall be limited to eight feet.
6. Political signs shall be erected not more than 60 calendar days prior to
an election or political event. and shall be removed within seven
calendar days after the election. event, or after the campaign issue has
been decided.
2.5.5.2.'~.%2. 5.8.2. Grand opening signs. An occupant may display an on-site grand
opening sign not exceeding 32 square feet an ,~ ~a~ ~,~
~uarc c==, tctc, l. The banner sign shall be anchored and may be displayed on-
site for a period not exceeding 14 days within the first three months that the
occupant is open for business. "
AGIENDA ITEM
2.5.5.2.4.9.2.5.8.3_: Special events signs. A special events sign not exceedingI~- squl~
in size may' be displayed to announce or advertise such tem rary uses as
,_ JU.N 16 999
Words s',r'_'ck :hrcugh are deleted. words underlined are added.
t ~ i ....... 'L L ,,
fairs. camivals. circuses. revivals. sporting events, or any public. charitable.
educational event. Such sign shall be located no closer than 15 feet to any
property line. Such signs shall require a building permit.
2.5.5.2.4.10, 5.9. Special purpose signs ton-site1. Due to the unique and varied nature of the
following uses. additional signs may be required to provide the desired level
of service to the public. Special purpose signs shall be permitted as follows:
2.5.5.2.,!.!0.3.5.9.1. Time and temperature signs'. One time and temperature sign having a
surface area not exceeding 4-8 12 square feet shall be permitted at each
industrial. commercial or other non-residentially zoned property. Such signs
may be affixed to the structure of a pole or ground sign. Such sign shall
require a building permit,
2.5.5.2..'!. !0.4.5.10. Commercial, business park and industrial directional or identification
signs. Directional or identification signs no greater than six square feet in
size. and located internal to the subdivision or development and with a
minimum setback of 15 feet. may be allowed subject to the approval of the
community development and environmental services administrator, or his
designee. Such sign shall only be used to identify the location or direction of
approved uses such as sales centers, information centers. or the individual
components of the de','elopment. directional or identification signs
maintaining a common architectural theme may be combined into a single
sign not to exceed six feet in height and 64 square feet in area. Such signs
shall rehire require a building permit. For signage to be located along the
Golden Gate Parkway. see dMsion 2.2, sections 2.2.21,1 and 2,2.21.6.2 and
the Golden Gate Master Plan. Lo~os on all directional signs shall not exceed
20 percent of the sign area.
2.5.5.2..1.11.5.1 I. On-premise signs within agricultural districts. On-premises signs shall be
permitted within agriculturally zoned or used propert:'. for agri-commercial
uses defined within the Collier Count:' zoning ordinance only, and subject to
the following restrictions:
2.5.5.2. !.! !.!. 5.11.1. One pole or ground sign identifying the farm organization, located at
the entrance or gate of each street frontage, and only for permitted
agricultural uses. The maximum allowable sign area for each pole or ground
sign shall not exceed 100 square feet with a maximum height of 20 feet. and
shall be located a minimum of 15 feet from an:.' property lines. public or
private right-of-way or easement.
2.5.5,2.1.11.2. 5.11.2. Seasonal farm signs (on-site). One temporaD' pole or ground sign
identi~'ing the farm. farm organization. entrance, or gate not exceeding 40
square feet in area. This sign shall be used to identify temporary agricultural
offices so as to expedite the exportation of crops to various pans of the
county. Such signs shall be permitted for a period not to exceed 30 days and
may be issued only rwice in any calendar :'ear. Such signs shall require a
building permit.
2.5.5.2.A,. ! !.2. 5. I 1.3. U-PiC signs. One U-Pic sign located at the entrance c,r~atc ofo__n each
street frontage. The maximum allowable sign area for each U-Pic sign shall
not exceed 32 square feet. and shall be located a minimum of 15 feet from
any property line. public or private right-of-way or easement. AGENDA ITEM
2.5.5.2. !. ! 1 .-!. 5.11.4. Wall, mansard canopy or awning signs within agricultuzdistricts.
mansard. canop:' or a., ing s,gns sha,l be erm,,ed 2t' l S
Words struck :hrsugh are deleted. words underlined are added.
53
agriculturally zoned or used property. for agri-commercial uses defined
within the Collier County zoning ordinance only. and subject to the following
restrictions:
1. One ~vall or mansard. canopy or aw'ning sign shall be permitted for
each principal use structure on the parcel. Comer parcels or double-
frontage parcels shall be allowed one sign per street frontage, but such
signs shall not be combined for the purpose of placing the combined
area on one wall. The maximum allowable display area for any' sign
shall not be more than 20 percent of the total square footage of the
wall to which it is affixed. and shall not in any case exceed 250 square
feet in area per sign.
2.5.5.2..1.12. 5.12. O. ff-premises directional signs. Off-premises directional signs are
permitted subject to review and approval of the design and location of such
signs by the community development and environmental ser~'ices
administrator, or his designee. if the following requirements retiremcntz are
met:
1. Off-premises directional signs shall only be permitted in
nonresidentially zoned. or agricultural districts.
2. No more than two one-sided or one double-sided off-premise
directional signs shall be permitted. identifying the location and
nature of a building, structure, or use which is not visible from the
arterial roadway serving such building, structure. or uses. provided:
1. Each sign is not more than 12 square feet in area with a .... e,~
p
2. The sign is not more than eight feet in height above the lowest
center grade of the arterial roadway.
3. The sign is located no closer than 15 feet to any propert.',' line.
4. The applicant must submit with the permit application
notarized, written permission ti'om the property owner where
the off-site sign is located.
5, The sign shall only be located within 1.000 feet of the
intersection of the arterial roadway ser¢ing the building,
structure. or use.
3. Off-premises directional signs shall not be located closer than 50 feet
from a residentially zoned district.
4. Off-premises directional signs shall not be located closer than 100 feet
from another off-premises directional sign.
2.5.5.2A. !~. 5.13. Illuminated signs. All illuminated signs shall have electrical components.
connections, and installations that conform to the National Electrical Code,
and all other applicable federal. state, and local codes and regulations.
Further, lighted signs shall: be shielded in such a manner as to produce no
glare, hazard or nuisance to motorists or occupants of adjacent properties:
no__Zr be reflective or phi~sphorescent: have a steady nonfluctuating or
nonundulating light source.
AGiENDA ITEM
Sec, 2,5,6, Signs exempt from permitting, h~o~
JUN 16 1999
Words stp,:z~: oh .....~' are deleted. words underlined are added.
In addition to those signs identified elsewhere in this code, the following signs are exempt
from the permit requirements of this code, and shall be permitted in all districts subject to
the limitations set forth below:
2.5.6.1. Signs required to be maintained or posted by law or governmental order. rule.
or regulation.
2.5.6.2. On-premises directional signs, not exceeding four six square feet in area.
intended to facilitate the movement of pedestrians and vehicles within the site
upon which such signs are posted. On-premises directional signs shall be
limited to two at each vehicle access point and a maximum of four internal to
the development. Internal signs are not intended to be readily visible from the
road.
2.5.6.3. One identification sign. professional nameplate. or occupational sign for each
professional office, or business establisgent not to exceed two squ~e feet in
sign area ~d placed flush against a building face or mailbox side. ~d
denoting only the name of the occupant and. at the occup~t's election. the
occup~t's _.~c~oo:~.~ profession or speciahv an~or the street address of the
premise.
2.5.6.4. Memorial ~ ...... plaques, cornerstones. historical tablets. ~d simil~ types
of commemorafive signs when cut into any maso~ surface or when
consteered of bronze or other noncombustible materials.
2.5.6.5. "No Trespassing," "No Dumping," or other prohibito~' or safety type signs.
provided each sign does not exceed ~ t~ee square feet in size.
2.5.6.6. One ground or wall "For Sale," "For Rent," or similar sign per street frontage
for each parcel. or lot less than ten acres in size.
2.5.6.7. One on-premises sign for model homes. approved in conjunction with a
temporal' use petit in ~y zoning district.
2.5.6.8. One on-premises open house sign not to exceed four squ~e feet in size. Such
sign shall not be located within 15 feet of ~y property line. right-of-way or
access easement.
2.5.6.9. Bulletin bonds ~d identification signs for public. charitable. educational or
religious institutions located on the premises of said institutions ~d not
exceeding 12 square feet in size.
2.5.6.10. Signs located on fences or walls su~ounding athletic fields. or within spoils
~enas. stadiums and the like. not to exceed 32 squ~e feet in size. per sign.
Signs shall be oriented along the fence or wall to face the field(s) or playing
~ea, ~d away from ~y adjacent public or private roads.
2.5.6.11. Traffic control ~d safety signs or other municipal. county, state or federal
signs, legal notices. railroad crossing signs. danger signs and such tempotaD'
emergency signs when erected by ~ appropriate authority.
2.5.6.~ ll- Window merch~dise displays which ~e ch~ged on a regul~ basis. meaning
no less frequently th~ eveD, 30 days. ' A~A I~
2.5.6.~ l~. Window signs not exceeding 25 percent of :~e t~tal ~ach windo~ area. ~' ~
JUN 16 1999
Words s~ck :hrcu~h are deleted, words underlined are added.
2.5.6.44 1__4. Signs located at the entrance dri','e of residences located upon 2.25-acre lots
or greater. displaying the name and address of the resident and not exceeding
four square feet in area.
2.5.6.4-6 1--5. Flags, or insignias of governmental. religious. charitable. fraternal or other
nonprofit organizations when displayed on propen>' owned by or leased to
said organization. Non-commercial flags that will be flown on a flagpole that
does not exceed 15 feet in height above finished grade or extend more than
ten feet fi'om an>' building the>' are attached to, are allowable if the number of
flags displayed does not exceed those described in section 2.5.5.2.3.8 and the
flagpoles do not require a certified design or be sealed by a Florida registered
engineer as described in section 2.5.5.2.3.8.
2.5.6.4-7- I._~6. Advertising and identi~'ing signs located on taxicabs, buses. trailers, trucks.
or vehicle bumpers, provided such sign does not ','iolate section 2.5.7 of this
code.
exceeding 12 square feet in size.
2.5.6.4-9 1--7. Religious displays that do not constitute advertising.
2.5.6._--2-0 1--8.Painting, repainting or cleaning of an advertising structure. or changes which
are determined to be less than a substantial impro,,'ement.
2.5.62-4-1__9. Cop>' changes for shopping center, theaters, billboards or marquees that have
routine changes of cop>', or are specificall>' designed for changes of copy.
2.5.6._--2-3_ 20. One ground or wall sign may be used as a construction sign by the general
contractor of the development. within each front yard for each parcel less
than ten acre in size
2.5.6._-24 2_3.1. TempotaD' signs in conjunction with an approved temporary use permit.
Sec. 2.5.7. Prohibited signs.
It shall be unlawful to erect, cause to be erected. maintain or cause to be maintained.
sign not expressly authorized by, or exempted from this code. The following signs are
expressly prohibited:
2.5.7.l. Signs which are in violation of the building code or electrical code adopted
by Collier Count>,.
2.5.7.2. Abandoned signs.
2.5.7.3. Animated or activated signs, except time and temperature signs.
2.5.7.4. Flashing signs or ,E-electronic reader boards that ~o net flash cn an~ eft are
2.5.7.5. Rotating signs or displavs.
2.5.7.6. Illuminated signs in an>, residentially zoned or used district. except residential
identification signs. residential nameplates. and street signs that are
illuminated by soft or muted light. Nonresidential uses within residentially
used or zoned districts by ..... :~;~"~ conditional use. PUD rcli,,~,,',' ,,~
otherwise provided for within the zoning ordinance. shall be llowe~(ttF-d~ ITEM
of illuminated signs, subject to the approval of the corn tuni[Jq6.ervices c~
administrator or his designee.
JUN 16 1999
Words ~tr'.:c.% :hrc::___.h are deleted. words underlined are added.
2.5.7.7. Signs located upon. within, or otherwise encroaching upon county or public
rights-of-way, except as may be permitted under the provisions of Ordinance
[No.] 82-91. as amended. and those erected by a governmental agency or
required rehired to be erected by a governmental agency.
2.5.7.8. Billboards.
2.5.7.9. Strip lighted signs.
2.5.7.10. Neon type signs except within all commercial and industrial districts.
2.5.7.11. Roof signs.
2.5.7.12. Portable signs.
2.5.7.13. Signs which resemble any official sign or marker erected by an>'
governmental agency. or which by reason of position. shade or color. would
conflict with the proper function of an>' traffic sign or signal. or be of a size.
location. movement. content. color, or illumination which may be reasonably
confused with or construed as, or conceal, a traffic control device.
State law reference(s)--Display of unauthorized traffic signs. signals or
markings, F.S. § 316.077.
2.5.7.14. Signs, commonly referred to as snipe signs, made of any material whatsoever
and attached in any way to a utility pole. tree. fence post. stake, stick or an5'
other object located or situated on public or private propen>', except as
otherwise expressly allowed by. or exempted from this code.
2.5.7.15. Wind signs (except where permitted as part of section 2.5.5 and 2.5.6 of this
code).
2.5.7.16. Any sign which is located adjacent to a count>' right-of-way within the
unincorporated areas of the count>' which sign was erected, operated or
maintained without the permit required by section 2.5.12 having been issued
by the community development services administrator or his designee shall
be removed as provided in section 2.5.7. Such signs shall include but are not
limited to structural signs, freestanding signs, [and] signs attached or affixed
to structures or other objects.
2.5.7.17. An>' description or representation. in whatever form. of nudity. sexual
conduct. or sexual excitement. when it:
2.5.7.17.1. Is patently offensive to contemporary standards in the adult community as a
whole with respect to what is suitable sexual material for minors; and
2.5.7.17.2. Taken as a whole. lacks serious literarl,.', artistic, political. or scientific value.
2.5.7.18. An>' sign which:
2.5.7.19. Emits audible sound. vapor. smoke. or gaseous matter.
2.5.7.20. Obstructs. conceals. hides. or othem'ise obscures from view any official
traffic or government sign, signal. or device.
2.5.7.21. Employs motion. have ha_~s visible moving pans. or gives the illusion of
motion (excluding time and temperature signs).
AGENDA ITEM
2.5.7.22. Is erected or maintained so as to obstruct an>' firefight! ~g e~ltl~pment,
window'. door. or opening used as a means of ingress or egres: for fire escape
purposes including an>' opening required for proper light and, ntila~SJN 16 1999
Words .~:.~.~k '~' .....h are deleted, words underlined are added.
,7
2.5.7.23. Constitutes a traffic hazard. or detriment to traffic safety by reason of its size.
location. movement, content. coloring. or method of illumination. or by
obstructing or distracting the vision of drivers or pedestrians,
2.5.7.24~ Signs mounted on a vehicle. be it the root: hood. trunk, bed, and so on. where
said sign is intended to attract or may distract the attention of motorists for
the purpose of advertising a business. product. service. or the like. whether or
not said vehicle is parked. or driven, excluding emergency vehicles, taxi cabs.
and delivery vehicles. where a roof mounted sign does not exceed two square
feet. This section shall not apply to magnetic type signs affixed to or signs
painted on a vehicle. which are not otherwise prohibited by this code.
2.5.7.25. Uses flashing or revolving lights. or contains the words "Stop," "Look."
"Danger." or any other words. phrase. symbol. or character in such a manner
as to interfere with, mislead. or confuse vehicular traffic.
2.5.7.26. Any sign which advertises or publicizes an activity not conducted on the
premises upon which the sign is maintained, except as otherwise provided for
within this code.
2.5.7.27. No sign shall be placed or permitted as a principal use on any property. in any
zoning district except as follows: U-Pic signs. political signs or signs
approved by temporal' permit pursuant to the time limitations set forth
herein.
2.5.7.28. Inflatable signs.
2.5,7.29. Accent lighting as defined in this code, ,cutlining dc,crs ~d -;,'ind,cws. or
-~ :~ '~ '.n ~, .....~:~s,,: ........n~ ofccmmercia] ~.,,:b~:._o that abut resiJentiaHv
SUBSECTION 3.D: AMEND!%IENTS IO SUPPLEI%'IENTAL REGULAIIONS DIVISION
Division 2.6., Supplemental District Regulations. of Ordinance 91-102, as amended. the
Collier Count>' Land Development Code. is hereby amended to read as follows:
DIVISION 2.6. SUPPLEMENTAL DISTRICT REGULATIONS
Sec. 2.6.4. Exceptions to required yards.
2.6.4.1.4. Fire escapes. staim'ays, and balconies which are unroofed (except as
otherwise permitted within this section)and unenclosed shall not project over
five feet into a required side or rear yard and three feet into a front yard of a
multiple-family dwelling, hotel or motel and not over three feet into a
required front. side or rear yard of a single-family residential dwelling.
2.6.4.1.5. Hoods, canopies, or roof overhangs shall not project over three feet into a
required yard. but shall not come closer than one foot to the lot line.
2.6.4.1,6. Fences, walls and hedges, subject to section 2.6.11. and pad-mounted air
conditioners are permitted in required yards. subject to the provisions of
section 2.4.4.13.
AGF, ND.A IIEM
2.6.4.1.7. Cornices. eaves or gutters shall not project over three feet i o a required
~t
yard. provided that where the required yard is less than six feet in wih~r. r,:zcL ,.
projection shall not exceed one-half the width of the yard.
JUN 1B lggg
Words ......1, .~. .....~' are deleted. words underlined are added.
5 8
2.6.4.1.8. Except as provided in section 2.6.1. nothing in this zoning code shall be so
construed as to prohibit landscaping.
2.6.4.1.9. Except as otherwise provided by this land development code. when lots on
both sides of an undeveloped recorded lot contain a residential structure
whose front yard setback is less than is nov,' required, the average of the
setbacks of the two contiguous developed lots shall serve to establish the
minimum front yard requirement for the vacant lot.
2.6.4.1.10. Carports which are open on all sides may encroach into the required yards
provided they do not encroach into the required landscape buffers. as required
by this code~ and furthermore, if the landscaping is deficient where the
carports are proposed. the landscaping must be upgraded to comply with the
code requirements to the greatest extent possible prior to the issuance of a
building permit for said carports. This shall be accomplished bv an site
development plan amendment or a site improvement plan approval.
Sec. 2.6.10. Locational restrictions for use ."::vc,!v!::g ."nt~r.!eatinF, businesses sen'lag
alcoholic beverages.
2.6.10.1. Sale of alcoholic beverages. The zite ~e:'e!cpment revie::' planning services
director. or his designee. may authorize the sale of alcoholic beverages for
consumption on-premises subject to compliance with all zoning restrictions
and the following locational criteria:
2.6.10.1.1. No such use shall be located within 500 feet of any established elementary.
middle or high school, child care center. public librar>'. church. public park,
or public playground. unless a waiver of said distance requirement is granted
by a board of zoning appeals resolution pursuant to section 2.6.10.3. This
does not include beach access points. The distance of 500 feet shall be
measured as the shortest distance between the lot on which the school, child
care center. public library. church. public park or public playground is located
and the lot on which the alcoholic beverages are to be sold. except that
establishments located in shopping centers shall be measured to the outer
wall of the establishment.
2.6.10.1.2. No such use shall be located within 500 feet of an>' existing establishment
whose primat3.' function is the sale of alcoholic beverages for consumption
on-premises.
The distance of 500 feet shall be measured as the shortest distance between
the lot on which the existing establishment is located and the lot on which the
alcoholic beverages are to be sold, except that establishments located in
shopping centers shall be measured to the outer wall of the establishment.
2.6.10.1.3. The erection of an>' school. child care center. public library. church. public
park or public playground within 500 feet of an establishment which offers
the sale of alcoholic beverages for consumption on-premises shall not cause
such establishment to become nonconforming.
2.6.10.1.4. The applicant shall submit a site plan showing the following:
1. Dimensions of subject premises:
2. All vehicular points of ingress and egress: and
3. Compliance with all requirements of this code including landscaping.
off-street parking, buffer areas, and location and size o~ ,11 ~i~ENDA ITEM
2.6.10.2. Expiration of zoning approval. The -~ ....
approval for the sale of alcoholic beverages for consumptic on-premises.
JUN
Words .::r.:zk oh ..... h are deleted. words underlined are added.
granted pursuant to this section. shall expire after the Jbllowing periods of
time and shall thereafter become null and void:
2.6.10.2.1. In the case of an existing structure. zoning approval shall expire six months
from the date of approval unless. within that period of time. operation of the
alcoholic beverage establishment has commenced. For purposes of this
section. operation shall be defined as the sale of alcoholic beverages in the
normal course of business.
2.6.10.2.2. In the case of a new structure. zoning appro;'al shall expire one 5'ear from the
date of approval unless, within that period of time. operation of the alcoholic
beverage establishment has commenced. However, if substantial construction
is completed. the de:'elopmen: planning services director may grant one
extension for up to six months.
2.6.10.3. {Waiver of distance requiremem.] The board of zoning appeals may. by
resolution, grant waiver of pan or all of the minimum distance requirement
set forth in section 2.6.10.4-A- if it is demonstrated by the applicant and
determined by the board of zoning appeals that the site proposed for the sale
and consumption of alcoholic beverages is separated from an established
business whose primarv function is the sate of alcoholic beverages lbr
consumption on premises. school. child care center. public library, church.
public park or public playground by natural or manmade boundaries.
structures or other features which offset or limit the necessity tbr such
minimum distance requirement. The board of zoning appeals'_ decision to
waive part or all of the distance requirement shall be based upon the
following factors:
2.6.10.3.1. The nature and type of natural or manmade boundary. structure or other
feature lying between the proposed establishment and an existing school.
child care center, public librat3.', church, public park or public playground
which is determined by the board of zoning appeals to lessen the need for the
total 500-foot distance requirement. Such boundary, structure or other feature
may include. but not be limited to. lakes. marshes. nondevelopable wetlands.
designated preserve areas. canals. and major rights-of-wa.x.
2.6.10.3.2. The paths of vehicular and pedestrian traffic which could be taken between
the establishment and the school. child care center. public library, church.
public park or public playground.
2.6.10.3.3. The hours of operation and the noise and light which could potentially be
generated from the premises selling alcoholic beverages.
2.6.10.3.4. ur~.,,~,~, ~;~ t. ............ ;, ~-~ ~a in cordunction ,,-;,h c~^,~ c,r
~ Prior to consideration of such waiver by the board of zoning
appeals. the applicant shall provide to the dz;'e~c-.m~m planning services
director a wTitten application for waiver of the distance limitation on an
application form supplied by the de:'.e!a~m~n: planning sen'ices director.
including a legal description of all applicable structures with a survey or
bounda~' sketch to scale. and such other information which the applicant can
supply which would assist the board of zoning appeals in its evaluation
pursuant to the factors set forth above. Upon receipt of the appticant's
application and the applicable application fee established by the board of
county commissioners. a public hearing date shall be scheduled before the
board of zoning appeals for a determination on the proposed waiver. The
applicant shall notif>.'. by certified mail. the owners or representati~' - ' ' ~---~NDA ITEM
playground. of the application at least 15 days prior to the public he~ ring; ~
evidence of such notification shall be supplied to the dc;'e!opment Manning
services director. JUNlt5 l~a
Words .~tra~.k tb. rc"gh are deleted. words underlined are added.
60 l~g.~
2.6.10.4. ~Exemptions J~om distance requirement.~ The following uses shall be
exempted from the distance limitations requirements of section 2.6.10..-h2.2 bm
2.6.10.4.1. Any restaurant deriving at least 51 percent of its gross revenue from the sale
of food and nonalcoholic beverages.
2.6.10.4.2. Any motel and/or hotel with 100 or more guestrooms.
2.6.10.4.3. Any private club. golf dub, country club, civic or fraternal club may ser','e
alcoholic beverages for consumption on-premises when such service is
incidental to the main use and for the exclusive use of the members. tenants
and/or guests of the facility.
2.6.10.5. [Statement of gross receipts. J Any owner or operator of an establishment
approved under this section to sell any alcoholic beverages for consumption
on-premises shall upon wTitten demand of the development planning services
director. make or cause to be made under oath a statement itemizing what
percentage of his gross receipts are from the sale of alcoholic beverages.
Sec. 2.6.11. Fences.
2.6.11.1. Fences in residential districts. Fences or walls shall be allowed in all zoning
districts subject to the restrictions set forth in section[s] 2.6.11.2--2.6.11.5.
2.6.11.2. Residential districts. For the purposes of this section. residential districts
shall include: RSF residential single-family; RMF-6, RMF-12. and RNIF-16
residential multiple-family; RT residential tourist: VR village residential; MH
mobile home: TTRVC travel trailer-recreational vehicle park campground:
and residential increments of PUD residential planned unit development
districts. Fences and walls placed within required yards shall be subject to the
following:
2.6.11.2.1 r ........... ~,~ ~,~,~ ,,,;d.: ...... ;.~,~ ....a~ ~,.~n ,.8 ,;~;,~a ,~ ~ c~, ~
Fences or wails on all lots greater than one acre in area may reach a
maximum height of 6 feet.
2.6.11.2.2. Fences or walls ":~'~ ,,,.~.:. ,~- ...... :.~,~ ........ ,~ ~c .......c.~_. ,
...... ,~ :. ~.~ A.~n k~ ~;~:,~A ,~ c .... c~. :_ ~:~h. For non-waterfront
interior lots one acre or less in area, fences or walls mav reach a maximum
height of 6 feet for side and rear yards, but are limited to 4 feet within the
required front yard.
2.6.11.2.3. n~.i,~,~ ,,,: .......... : .... :.~ .:^~ ~..~ ~.: ....... , ....;~n,, ~. ....
cr similar use. For waterfront lots one acre or less in area. height limits are
as for non-waterfront lots, but with the additional restriction that fences or
wails within the required rear yard are limited to 4 feet.
2.6.11.2.4. For comer lots one acre or less in area. which bv definition have only front
yards and side yards, any portion of a front yard fence within the safe siFht ,
triangle described in section 3.2.8.3.22 of this code is restricted ~ 3 felltNDA ITEM'
height. (Two sides of this triangle extend 30 -feet along the prc >err,' .lines
from the point where the right-of-way lines meet. and the third si Le is :~'iTne
connecting the other two.) JUN 16 1999
words sin:ok thrc"g,h. are deleted. words underlined are added.
61
P,. /..y_¢
2.6.11.2.5. Barbed wire. razor wire. spire tips, sharp objects, or electrically charged
fences shall be prohibited, except that the board of zonin~ appeals may allow
the use of barbed ~'ire in conjunction with chainlink fencin~ for facilities
where a Security hazard max, exist, such as a utilitv substation. sewag.e
treatment plant. or similar use.
2.6.11.3. Agricuhural districts. For the pu~oses of this section. agricultural districts
shall include: A agricultural: E estates: and CON conse~'ation districts.
Fences ~d walls within agricultural districts shall be exempt from height and
type of construction requirements except '~ ..... ;~"' ..... " ...... ~ ..... ~,'
Sec. L6.21. Dock firlilies
2.6.21.1. Individual or multiple private docks. including mooring pilings, davits. li~s
~d the like are pe~iued to se~'e the residents of a developmere on c~al or
watem'ay lots, provided they do nol protrude more th~ the respective
distances specified in sections 2.5.21.2, and 2.6.21.3, for such canal or
watem, ay. Docks ~d the like are primarily intended to adequately secure
moored vessels and provide safe access by users for routine mainien~ce and
use while minimally impacting the navigability of the watem~ay, the native
m~ine habitaL manatees, and the use and view of the watem'ay by
suffounding propcRy owners. Petitted dock faciliW protrusions as well as
extension of dock facilities are measured from the prope~y line, bulkhead
line. shoreline, seawall, rip-rap line, or Mean High Water line. whichever is
more restrictive. On unbridged b~er islands, a boat dock shall be
considered a petitted principal use: however. a dock shall not, in any way,
conslimm a use or structure which perils. requires. and/or provides for
accessoD' uses and/or structures. Boathouses and dock facilities proposed on
residenfiatly zoned prope~ies as defined in section 2.1.4 of this Code, shall
be considered an accesso~ use or structure. Boathouses shall be required to
be approved t~ough the procedure and criteria in section 2.6.21.3 and
2.6.21.4. In addition. any covered s~mcture erected on a private boat dock
shall also be considered an accessos' use. and shall also be required to bc
approved through the procedures and criteria of section 2.6.21.3 and 2.6.21.4.
of this code..Regardles~ cf t,he Icngt.h of prc:.mzic.n, bcat,hou~c~ prcpc~cd on
............. : ...... propontes as de~ncd in section ' ~ ',! ~r .~:~ cede. shall
Sec. 2.6.28. Automobile Seaice Stations.
Signage: As required bv Division 2.5. Signage aa~ the follcwing
~ ~ccen: lighting --~ ~.M, lighting ia
.......... F .......... on canopy
r ......a signs shall ~- "--;'-~ to a maximum ~c .:_h, ,ox
Words s,:ck :hrcugh are deleted, words underlined are added. J U N 16 !999
62
Signage idcntif:,'ing air. ~vatcr a,~d vacuum ~
............. ~ 5qum-c area.
Sec. 2.6.33. TempotoO' use permits.
2.6.33.3. Temporary construction and development permits. During the construction of
ay development for which at least a prelimin~ development order has been
grated. as required below, the developer may request a temporaD~ use petit
for the below-listed activities. The tempor~, use petit shall be granted
initially for a period not to exceed 24 months in length ad may be renewed
aually based upon demonstration of need. A request for renewal shall be
submitted to the site development review director in ~iting 30 days prior to
the expiration of the temporaD' use pemit. TemporeD, construction and
development peaits shall be allowed for the following uses:
1. TemporeD' offices to be used for construction. and administrative
functions within the development.
5tructures, or prc~e~;, .... ;,h;. ,h~ ~ .... ~ ...... ; ....h;~ it i5 located.
or ad;acent ~ .... ~ .......... ~- '~ control.
Ternpores' administrative offices to be used in coniunction with a
bona fide agricultural use in the a~ricultural zoning district when
located in the area designated agricultural on the future land use map
of the ~ture land use element of the Collier County ~ro~h
management plan.
3. On-site storage of equipment and construction materials for use on the
development site only.
4. On-site mobile home used as a tempora~ office or storage facility for
persons engaged in the development of the site.
5. On-site mobile radio and television equipment and ante~ae.
6. On-site mobile home for the use of a watchman or caretaker only.
7. On-site tempora~ use of structures and equipment for the building of
roads. public utilities. ~d govement projects.
8. Off-site tempor~' p~king on property which is located contiguous to
the subject development, or would be contiguous except for a
roadway that is not designated as a collector or aerial in the traffic
circulation element of the gro~h m~agement ply, with the wTitten
authori~tion of the property o~er.
9. Other on-site uses simil~ to the foregoing uses and dotera ned toA~A
meet the intent of section 2.6.33.2.
JUN
Words :track t~re~gh are deleted, words underlined are added.
......... A .... I ..... , ,c ..... ~;M, ~_ ~ ........... : ................... C~SC ~, sin
............ : ,?,r .................................................... in a pre
-~ .................. ~ .............. pw ...... ~ ......~ ~ .......~ ~ur~uan: to div. 3.2, a
Proposed temporal' structures identified above require the submission era
conceptual site plan which addresses the requirements of section 2.6.33.2.
2.6.33.4. Model homes and model sales cenlers.
2.6.~3.4.1. Model homes and model sales centers shall be of a temporaD' nature and may
be allowed in any residential zoning district or residential component of a
PUD, in the estates zoninK district. and in the a~ricultural zonin~ district as
part of a rural subdivision. by the issuance of a temporal.' use permitl
however. a model center as a permitted use within a PUD. and not located
within a dwelling unit. shall not require a temperan' use permit. Model
homes and model sales centers are intended to facilitate the sale of the model
design, or of products similar in design to the model. Model homes and
model sales centers located within residential zoning districts, or within a
residential component of a PUD shah be restricted to the promotion of a
product or products permitted within the residential zoning district or PUD in
which the model home or model sales center is located and further subject to
the Ibllowing:
1. Model homes shall only be permitted for dwellings which have not
been previously used as a residence.
2. A model home or model sales center is not intended to allow the lull
scope of real estate activities and shall be restricted primarily to the
sale and marketing of the model, or products similar to the model. A
model home shall not include offices for builders. contractors.
developers, or similar activities,
3. Model homes may be "wet" or "dD'." Model homes permitted as "dry"
models (unoccupied by a sales office and/or representative) shall be
limited to a conditional certificate of occupancy allowing the use of
the structure as a model only provided all required infrastructure is in
place to service the unit. Model homes permitted as "wet" models
(occupied bv a sales office and/or representative) shall not be
occupied until such time as all required infrastructure is available to
sen'ice the unit and a permanent certificate of occupancy has been
issued. Transportation to and from unoccupied model homes is
provided at a sales center, which shall provide required parking and
handicapped accommodations in accordance with section 2.6.33.2.
Model homes occupied by a sales office and/or representative must
have all required landscaping, parking, and handicapped access on
site. A temporary use permit for a model home (occupied or
unoccupied) shall be issued initially for a period of three years.
Extensions in excess of this period shall require submittal and
approval of a conditional use petition in accordance with section
2.7.4. of this code. ' AGENDA I1T. M
4. A tem~crar.,' use r, crmit far a meAdel k,cme or meAdcl :a!-" ce. nt~_,hall
Words struck thrc:gh are deleted, words underlined are added. JUN 16 1999
64
2.~.32,-!,3.
Model sales centers ma',, be located in either a temporarv structure.
usually a mobile home, or a permanent structure which is either a
residential dwelling unit or a non-residential structure. Temporary
use permits shall be issued as follows:
a._: A temporary use permit for a sales center in a temporary
structure shall be issued initially for a period of three ','ears and
may be renewed annualh' based upon demonstration of need.
b.=. A temporary use permit for a sales center in a permanent
structure which is a residential dwellin~ unit shall be issued
initially for a period of three years. Extensions in excess of
this period shall require submittal and approval of a
conditional use petition in accordance with section 2.7.4. of
.this code.
c..= A temporary use permit for a sales center in a permanent
structure other than a residemial dwellin~ unit shall be issued
initially for a period of three '.,ears and max' be renewed
annually on demonstration of need.
5. Temporan.' use permits for model homes or model sales centers to be
located within a proposed single-family or multiofamilv de'¢elopment
prior to final plat approval may be requested by the applicant and
require: ~.a,_;~o; .... a ........ , ~c a -'~';-; .......
pursu",v,,'~t ',o di;:ision 3.2 1) administrative approval of a plat and
construction plans showin~ all required infrastructure for the lot(s) on
which the model home or model sales center is to be located. and ~ a
site development plan (SDP} pursuant to division 3.3, subject to the
following:
(a) A maximum of five models shall be permitted 'Mthin an
approved development prior to final plat approval as permitted
above.
(b) The applicant shall provide documentation that all required
utilities will be available to the subject site, and, where
required, shall depict such utilities in detail on the site
development plan.
(c) The parcels on v~'hich the models are located must abut a
privately owned and maintained road. tempora~~ in nature or
permanently constructed to Collier County roadway standards.
(d) The boundaries depicted on the prelimina~' subdivision plat
shall be depicted on the site development plan in order to
ensure compliance with the applicable development standards
in effect on the subject property.
(e) Final lot gradin~ and drainage conveyance shall be in
conformance with the master grading plan for the project as
depicted on the preliminan.' subdivision plat submittal
documents.
6. All other temporary use requests for model homes sha 1
-
submission of a conceptual plan which demonstrates t ~at prov~smns
will be made to adequately address the requirements
2.6.33.2.
JUN 16 1999
Words ~tr~ck :hrc',,'gh are deleted, words underlined are added.
65
7.=. Temporary use permits for a model sales center within an existing
subdivision shall require a site plan as follows: in the case of a
permanent structure which is a dwelling unit. a site improvement plan
(SIP) per section 3.3.8.4. of this code: in the case of a permanent
structure which is other than a dwelling unit. a site development plan
(SDP)~ in the case of a temporary structure (mobile home or sales
trailer). either a conceptual site plan (CSP) which addresses the
requirements of section 2.6.33.2. of this code. or a site improvement
plan, depending on the extent of the work required.
8_:. Temporary use permits for model homes to be located within a
proposed single-family or multi-family development mav be approved
following administrative approval of a plat and construction drawinSzs
for all required infrastructure encompassing the lots on which the
models are to be constructed pursuant to dMsion 3.2. and a
conceptual site plan which addresses the requirements of section
2.6.33.2. of this code. Unoccupied (d~') model homes will be
permitted only in conjunction with an approved SDP for a model sales
center which provides adequate parking to support the model(s)!
9_. Temporan' Use permits for occupied (wet) model homes following
subdivision approval shall require a conceptual site plan which
addresses the requirements of section 2.6.33.2. of this code.
Temporary, use permits for unoccupied model homes followinl~
subdivision approval shall require a conceptual site plan and shall be
issued only in conjunction with an approved site development plan or
site improvement plan for a model sales center which provides
adequate parking to support the model(s).
· :,'ithin 30 days cf the expiration cf the initial tempcrar,,' use pe,,"mit issued tbr
and any additi,~nal re~uestz for an ...... :~ ~h~n ~, ........ A ~,~,, in
4, Thc r,'arr,,Ser of existing mc~c] ~,~r,,es cr rr, o~cl sales :enters ':.'irWin
or ,T,o~;l sales center frcntz.
Tke exi.stence ,sfccm-laints re!atin~ to the ',:sc afthe: ~a~, ~,A~C,~,~,A ITEM
JUN 16 1999
Words ..... v '~' .....~' are deleled. words underlined are added.
66
PG-~
............................... ~ .... : us~ ~::s fcr mcde~ ~cms cr mcde~ sa]ss cen:$rs
Sec. 2.6.~. Towers
Z6.~5.6.6. ~i(h tb~ ~xc~fion o[ roo~op towers ~d towers on ~ss~m~ai s~n~ic~s-
ccnditicnal use sites. each new communication tower shall meet the
following separation requirements:
a PUD is not A .... ,~_~A ~_a it is; ..... ,..~; ......
.... v P site ............. E .................... :
1= Each new tower that exceeds 185 feet in height shall be located not
less than 2.5 times the height of the tower from all RSF-I t~ough
RSF-6. and ~F-6 zonina districts includina pla~ed unit
developments (PUDs) where the adjacent use(s) is/are, or comparable
to. RSF-I t~ouah RSF-6 ~d ~F-6 zonina districts. If a pan of a
PUD is not developed and it is inconclusive whether the pan of a
PUD ~ea within such minimum separation distance from the
proposed tower site may be developed with a density of six units per
acre or less. it shall be presumed that the PUD area newest to the
proposed site will be developed at the lowest density possible under
the respective PUD.
In addition. each such new tower that exceeds a heieht of seventy-five
(75) feet excluding ante~as, shall be separated from all boundaries of
su~ounding property zoned RMF-12. RMF-16. E. RT, VR, MH,
TTRVC, H. ~d the residential areas of PUDs with existing or
pl~ed densities greater than six units per acre by not less th~ the
total height of the tower including its ante~ae: and from all other
su~ounding property' bound~ies by a distance not less th~ one-half
the height of the tower and its ante~ae. or the tower's ce~ified
collapse ~ea. whichever distance is greater.
Upon ~Titten application for exception(s) by the tower pe~it
applicant, citing to specific provisions(s) ofcontrollin~ law. staff
shall, in ~ting, grant one or more specifically a~iculated exceptions
to these sep~ation requirements. but only to the extent. in the opinion
of the county aRomey, each applied-for exception is mandated by
application of such law(s) as applied to the specific tower site.
SUBSECTiON 3.E: AMENDMENTS TO ZONING ADMINIST~TION AND PROCEDU~S
DIVISION
Division 2.7.. Zoning Administration and Procedures. of Ordinance ~l-102~d~
the Collier County L~d Development Code. is hereby amended to read as fol ~ws:
JUN16 1999
Words ~:7dck :krough are deleted. words underlined are added.
67
DIVISION 2.7. ZONING ADMINISTRATION AND PROCEDURES
Sec. 2.7.2. Amendment procedures
2,7.2.8.1. Dedication of the public jbcilities and development of prescribed amentries.
Public Facility Dedication. m.~ ~,~,~ ~c ........ commissioners .mar.'. as a
this time frame shall authorize the county :c detc~ina the m-~kel value of
ccnve;.'ance docv-men: zcavc:.'ing :he dedicated 7rcpe~y tc Collier Count>,.
;~,:,,A, ,~, n~u;,, n .... ,,, xv,, .... A C ...... n:~,,:,, or ctLcr agency or
a
the dedication within the appropriate time frame noted above may rasu!t in a
r.~_; ............ :"~ diatric~ tc an apDropriatc zoning ~:"-: .... ~ may
....... ;g,A ,; ....... ;A,A for within ,u_ crdin~co
a~rcving the rezcne.
The board of county commissioners may, as a condition of approval and
adoption of the rezoning, require that suitable areas for streets, public ~ght-
of-way, schools, parks. emergency medical se~ices and sheriff substations.
fire stations. master utility repump stations. and other public facilities
intended to se~'e the public at large and not just Br the benefit of ~he
property being rezoned, be set aside, improved, and/or dedicated for public
gse.
Ben developer commitments include real property conveyances (land
and/or easements) to a public entity. such conveyances must b~
encumbrances which could cloud title to the propenv or r{ suit i~~
extinguishmen: of the public entiW's interest. Within 60 days o 'requ~bv
--- the county, a developer may elect to provide the Collier CounW ~al proamy
management department with either an up-to-date title comn itmeJ
Words ztru:k tSre=ah are deleted. words underlined are added.
subsequent title policy pertaining to the conveyance. naming Collier County
as the proposed insured, or an artomev's opinion of title. Should the
developer elect to provide the County with a title commitment. the developer
shall be responsible for all costs including all search expenses and policy
premiums. Within 90 days of being provided convevance. release and/or
subordination documents by County. or such other time period as the board
of county commissioners may authorize by ordinance. the developer shall
return said documents. fully executed by the appropriate parties. ready for
acceptance bv the board of county commissioners and subsequent recording
in the public records of Collier County. Florida.
To the extent that impact fees are collected by Collier County to provide for
public facilities and services. credits off-setting said impact fees may be
provided by the county in return for the required dedication of land for public
use. The conveyance of a fee estate in said lands shall not operate to reduce
the gross acreage under ownership for pu~oses ofdensitv calculation.
The dollar amount of a potential impact fee credit due to the developer as a
result of the donation of a fee estate in land to Collier County shall be the
lesser of the following:
~ The price per acre or price per square foot the developer paid for the
property (if purchased within the 2 year period immediately preceding
the effective date of the initial rezone action and/or development order
requiring such conveyance) multiplied times the area conveyed to the
county~ or
The market value of the land conveyed to the county as of the date
immediately preceding the effective date of the initial rezone action
~or development order requiring such conveyance, as dete~ined
by an appraiser from the then-cu~ent list of approved appraisers
adopted by the board of county commissioners.
In the event the developer chooses to select the appraiser from the countv's
lis~ ofapproved appraisers. the developer must noti~' the county within 10
days of the developer's notice to proceed with the appraisal assignment. The
developer*s notice to proceed with the appraisal assig~ent shall include
notification to the appraiser that Collier County is the appraiser's co-client
along with the developer. The county shall have thirty (30) days to review
~d approve the appraisal report. Fees for appraisal se~'ices shall be paid for
by the developer. Developers may be eligible for an additional impact fee
credit equal to one half (1/2) of the appraisal fee.
Prior to any petition by the developer to enter into a developer contribution
agreement with Collier County~ or any other agreement which may grant
impact fee credits, the developer must provide the county with a properly
executed convey~ce. release an~or subordination instruments, and either ~he
appraisal report referenced above, or a copy of the developer's purchase
agreement and deed for the property.
Should the developer as a pan of the rezonin~ action~ agree to const~ct
improvements for the benefit of the ~eneral public (as opposed to the benefit
of the development)~ such improvements must be completed on or before the
date the phase of the development containing such improvements is presented
to the bo~d of county commissioners for acceptance: and the acceptance by
the bo~d of said phase of the development shall include an ace rimnee of
said improvements. ~
For pu~oses of this section, "County" and "Collier County, m. m a political
means the governing body of Collier County, Florida. and as e: e
Words ~mazk t~rzugk are deleted, words underlined are added.
69 Pg. ~0~
governing board of the Collier Count',' `.rarer sewer district." and an,.' and all
ir~dependent governmental districts including those of the State of Florida
which may properly exercise iurisdiction over land and/or easement
conve'',ances made pursuant to the stipulations and developer commitments
contained in an',' rezone ordinance and/or development order. "Proposed
development" shall mean the propen"' legally described in the fezone
petition.
All dedications. conveyances and related developer commitments required of the
developer as a condition to the approval of the rezone petition and adoption of the
zoning ordinance shall be deemed contractual in nature, and may be enforced by
suit for specific. perlbrmance or other appropriate relief. All costs. including
reasonable auomev's fees shall be awarded to the governmental entity if it prevails
in such suit.
Sec. 2.7.4. Conditional use procedures
2.7.4.5.1. Any conditional use shall expire ,P,e three >'ears from the date of grant. if by
that date the use for which the conditional use was granted has not been
commenced.
2.7.4.5.2. Any conditional use shall expire one >'ear following the discontinuance of the
use for which the conditional use was granted unless the site was improved
and/or structures built for the specific uses approved by a conditional use and
which cannot be convened to a use permitted by the underlying zoning
designation of the site.
2.7.4.5.3. The board of zoning appeals may grant a maximum oftb, ree on.__ge one-year extension
of an approved conditional use upon written request of the petitioner. Each,
...... ; ....... v, .......... A ~,a ........ ,4 ~,;~, to '~' ..... ;~,;~, ~c ,~ original
SUBSECTION 35: AMENDMENTS TO ARCHITECTURAL AND SITE DESIGN STANDARDS
AND GUIDELINES FOR COMMERCIAL BUILDINGS AND PROJECTS
DIVISION
Division 2.8., Architectural and Site Design Standards and Guidelines for Commercial
Buildings and Projects. of Ordinance 91-102. as amended, the Collier Count>' Land Development
Code. is hereby mended to read as follows:
DIVISION 2.8. ARCHITECTURAL AND SITE DESIGN STANDARDS AND
GUIDELINES FOR COMMERCIAL BUILDINGS AND
PROJECTS.
2.8.36. Signage.
2.8.3.6.2.1 t ,.;,,:~.z ,.;~..z,.. xx,~. ...... h;_, ....... ;~ ~; .............
,,.;r,~A ~: ...... ~_ ~h.n ~. .... ~ ....A ~'" a--licatlcn c~. site dc;'elo~mc. nt
ACiENDA
/ca-} ~At, ......... ;a, ,t. ...... ;~;~"" ofa,,i;'isioa 2.5. oft~i:
(-~ colors:
JUN
Words ~:~,:c.t.. :~ra;;g~ are deleted. words underlined are added.
to
{<-) ccnstruc:icn matcria!s and method:
~ ill'-'minaticn method:
(,9 co-;'
~ sign t ....'~' ~"'~ ~ ....;^"~' ~'~
(h) in the case ~f _.,b; .... ~,..;b~; ..... ~ ..... I ....;'~' ~"";-~ structures
.................................... ~ ....... except
{ 'l [ COMCEALHENTOF
I I
JUN l S 1999
Words struck '" ..... "are deleted, words underlined are added.
...... ~..
?l
PS..
~'~ ~:~ ~:_~'~_ - . ,
community, ...... ~ ................................................. ~
$UB$~CTION 3,G:AMKNDMKNT$ TO $~BDIVI$1ON$ DIVISION
Division 3.2.. Subdivisions, of Ordinace 91-102. as amended. the Collier County Land
Development Code, is hereby amended to read as follows:
DIVISION 3.2 SUBDIVISIONS
3.2.8.3. Required improvements.
3.2.8.3.4. B~fer areas. Subdivisions or developments shall be buffered for the
protection of property owners from su~ounding land uses as required
pursuant to dMsion 2.4. Buffers shall not i~ibit pedestrian circulation
between adjacent commercial land uses. Buffers shall be installed during
construction as follows and in accordance with dMsion 2.4:
(a) To separate residential developments from commercial.
community use, industrial and public use developments and
adjacent expressways. anerials and railroad rights-ot~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 septate subdivisions of residential property that do not result
in the submittal of a site development plan pursuant to the
provisions of dMsion 3.3 from mher residential properties.
Sep~ation shall be created with a l~dscape buffer strip which is designed
and constructed in compliance with the provisions of dMsion 2.4: Such
~,~__;_~a ......... , ,~ ,~ ...... ;~; .... c a;,,;~;~. , A Buffers adjacent to
protected/presen, e ~eas shall confo~ to the requirements established by the
agency requiring such buffer.
3.2.8.3.17. Sidewalk. bike lanes and bike palhs. Side',va!kL bike lane ~_a ~l~
c~u ....; .... ;'~';~' The developer shall be required to const :ct sidewalks or
JUN ~¢ ~999
Words ::rack '~ .....~ are deleted, words underlined are added. ' ~
72
Pg..~ .~d3~
bike paths. and bike lanes where applicable. as described below. unless
otherwise exempted from the subdivision reaulations of this code. Sidewalks
or bike paths. and bike lanes shall be constructed contiguous to public and
private roadways. which are adjacent to and internal to the site. in
conformance with the followina criteria unless othenvise modified or waived
by the Board of County Commissioners:
1. Bike lanes shall be provided on both sides of any street classified
higher than a local street (i.e., collector. arterial).
2. Sidewalks six feet in width, or bike paths ~ seven feet in width, shall
be provided on both sides of collector and arterial streets.
3. Sidewalks, or bike paths, five feet in width. shall be provided on both
sides of local streets except as follows:
~ere a cul-de-sac or dead-end street exists within an
approved sinale family residential subdivision. and where the
developer of such subdivision was ~ranted an exemption to the
subdivision regulations to allow a sidewalk on only one side
of the street. the same exemption shall then apply to any new
abutting sinale family residential subdivision ~ich extends
the dead-end street or cul-de-sac to no more th~ 1000 feet.
4. All sidewalks, bike paths ~d bike l~es along public ~d private
roadways shall be constructed in accordance with design
specifications identified in section 3.2.8.4.14. and division 2.8 of this
code.
5. Alternative designs for sidewalks. bike lanes. or bike paths in
developments with public or private roadways may be provided.
subject to approval by the Community Development and
Enviro~ental SeB'ices Division Administrator and may utilize, but
not be limited to the following analysis:
a. A design that matches the land use density and intensity of the
development along the street or cul-de-sac.
b. A design that matches the expected traffic volumes on the
street or cul-de-sac.
c. A ~esien that does not create a safety h~d caused by
vehicles parked across the sidewalk or directs pedestri~s or
cyclists into high traffic ~eas.
d. A ~esign that does not encourage additional l~dscape area
due to clearing for the installation. aesthetic so~ening or
additional h~dscape, additional softenlag of u~atural linear
concrete strips, or simil~ features.
e. A ~esign that matches the expected demographics of the
developmenk including but not limited to considerations such
as the expected amount of school age children ~d active
adults.
f. A ~esign that matches reduced speed streets ~d culs-de-
sac~.
g. A ~esign that matches the expected amount of utili~tion by
joggers. walkers ~d cyclists.
h. A ~esign that matches the ch~acter of the development, i.e..
golf course/countD' club community, affordable housing,
private gated communities. etc.
i. Criteria pursuit to the provisions of section 3.2 7.2. ~
wor~s :::u:k :kr~ are ~e~eted. wora unaer,ne~ are added,
_
~a ........ ~m. Dcvclopm~ms ~hu~ provide un imc~l bikcp~h
sys~c~ ~hich Functions primarily fo~ ~unspo~ution
recreation, and which co~ects with existing public bicycle paths o~
bike lanes may be exempt from tkis requirement the sidewalkbike
path requirement by the ~ounty's ~ranspo~ation S~en'ices
~ivision director if the alternative system functionall), operates equal
to the stand~ds of the county's bikeway system. interco~ects with
the existing or proposed count)' bikeway system and will be
pe~etually open to the public.
7. Developments providing interco~ections to existing and f~ture
developments pursuit to the density rating system section of the
Collier County gro~h management plan's future l~d use element,
shall include sufficient right-of-way to accommodate the roadway.
sidewalks. ~ike lanez or bikepaths, and bike lanes. where required.
Bikepaths. bike lanes and sidewalks shall be constructed concu~ently
with the roadway interco~ection.
~ere planBed right-of-way improvements scheduled in the capital
improvements program (CIP) would cause the removal of any
sidewalks~ikepaths or bike l~es required by this code within two
fiscal ve~s following the fiscal year in which the first buildin~
petit for the project is issued, the developer. in lieu of construction
of the required sidewalks,~ikepaths and bike lanes. shall provide
~nds for the cost of sidewalE/bikepath and bike lane construction into
a ~nd approved by the transportation sea'ices director. or his
designee. for future construction of required sidewalks~ikepaths and
bike lanes. by the counw.
3.2.8.4.14. Sidewal~ and bikepaths.
Where an exemption to the subdivision regulations has been granted
pemiuing a sidewalk~ikepath to be developed on one side of the
street. and the sidewalk,%ikepath cannot be made continuous on the
sme side of a street for the length of the street. the sidewalk may be
allowed to continue on the other side of the s~reet, provided a paved
sidewal~ikepath co~ection with curb cuts is constructed from the
end of the sidewalk~ikepath to the street. on both sides of the street.
consistent with the design criteria described in section 3.2.8.4.14. and
dMsion 2.8. of this code.
SUBSECTION 3.H: AMENDMENTS TO SITE DEVELOPMENT PLANS DIVISION
Division 3.3., Site Development Plans, of Ordin~ce 91-102, as amended. the Collier
Count).' L~d Development Code, is hereby amended to read as follows:
DIVISION 3.3. SITE DEVELOPMENT PLANS
3.3.7.1.9. [~astructure improvement plans.
Sidewalk, bike lanes and bikepaths. For all projects required to be
developed t~ough the site development plan (SDP) process, the
developer shall be required to construct sidewalks or bikepaths. and
bike lanes where applicable, as described below. unless othe~'ise
exempted from the subdivision regulations of this code. Sidewa~*~
bikepaths, and bike lanes shall be constructed contiguot to D~lic
'
~d private roadways which are adiacent to and internal o th sxte.
e
conforesee with the following criteria:
JUNI6 1999
Words s:r~k tL~ouBh arc deleted, words underlined arc added.
a..~ Sidewalks. six feet in width. or bikepaths seven feet in width
shall be provided on both sides of collector and arterial streets.
b_.: Sidewalks. or bike paths. five feet in width. shall be provided
on both sides of local streets except as follows:
Where a cul-de-sac or dead-end street exists within an
approved single family residential subdivision. and
where the developer of such subdivision was granted
an exemption to the subdivision regulations to allow a
sidewalk on one side. the same exemption shall then
apply to any new abutting single family residential
subdivision which extends the dead-end street or cul-
de-sac to no more than 1000 feet.
c_.: Bike lanes shall be provided on both sides of any street
classified higher than a local street (i.e. collector. arterial).
All sidewalks, bikepaths and bike lanes along public and
private roadways shall be constructed in accordance with
design specifications identified in section 3.2.8.4.14. and
division 2.8 of this code.
Alternative designs for sidewalks. bike lanes. and bikepaths in
developments adiacent to public or private roadways may be
provided. subject to approval b_x- the community development
and environmental services division administrator and may
utilize. but not be limited to the following criteria:
(I). A design that reflects the land use density and intensity
of the development along the street or cul-de-sac.
~ A design that reflects the expected traffic volumes on
the street or cul-de-sac.
(3). A design that does not create a safety hazard caused by
vehicles parked across the sidewalk or directs
pedestrians or cyclists into high traffic areas.
(4). A design that does not encourage additional landscape
area due to clearing for the installation. aesthetic
sofiening or additional hardscape. additional softening
of unnatural linear concrete strips. or similar features.
~ A design that reflects the expected demographics of
the development, including but not limited to
considerations such as the expected amount of school
age children and active adults.
6~. A design that reflects reduced speed streets and cul-de-
Sacs.
~ A design that reflects the expected amount of
utilization bv joggers~ walkers and cyclists.
(8). A design that reflects the character of the development.
i.e.~ golf course/countpr' club community~ afforda. bl.e
housing~ private gated communities.
Criteria pursuant to the provisions of section 3.2.7.2. of
this code.
f_. Developments that provide an internal bikepath system. which
functions primarily for transportation purposes. not recreation.
and which connects with existing public bicvcll pati~ ~u~:.,l~A ITEM
lanes may be exempt from the sidewallUbikepal reqmrement.
The countv's transportation services division ac ninis~.or c>9
may grant such an exemption if the alternative! vstem
functionalIv operates equal to the standards ofl ,e co_thh~q 1 .~ ~
Words strack thr~-'-'gk are deleted. words underlined are added.
bikeway system. interconnects with the existing or proposed
county bikeway system and will be perpetually open to the
public.
g=. Developments providing interconnections to existing and
future developments pursuant to the densit',, rating system
section of the Collier County growth management plan future
land use element, shall include sufficient ri2ht-of-wav to
accommodate the roadway, sidewalks. bike lanes or bike-
paths. and bike lanes. where required. Bikepaths. bike lanes
and sidewalks shall be constructed concurrentIv with the
roadway interconnection.
h_. Where planned right-of-way improvements scheduled in the
count,,"s capital improvements program (CIP) would cause the
removal of any sidewalks/bikepaths or bike lanes required by
this code vdthin two (2) fiscal years following the fiscal year
in which the first building permit for the project is issued. the
developer. in lieu of construction of the required
sidewalks/bikepaths and bike lanes. shall provide funds for the
cost of sidewalk/bikepath and bike lane construction and
deposit the same into a fund approved bv the transportation
ser~'ices director, or his designee. for future construction of
required sidewalks/'bikepaths and bike lanes. bv the county.
JUN16 299
Words struck thrcu~h are deleted. words underlined are added.
76
SUBSECTION 3.1: AMENDMENTS TO EXPLOSIVES DIVISION
Division 3.4.. Explosives. of Ordinance 91-102. as amended. the Collier County Land
Development Code, is hereby amended to read as follows:
DIVISION 3.4. EXPLOSIVES
Sec. 3.4.13. Restrictions for the use and handling of explosives
3.4.13.5.1. It shall be unlawful for any person, to blast. fire. detonate or use any amount
of explosive within the territorial limits of the county without first obtaining a
blasting permit as hereina~er provided by this section: provided that in any
event it shall be unlawTul for any person to blast, fire or detonate or use any
amount of explosives which would result in a resultant peak particle velocity
in excess of 0.5 inches per second when measured on the ground at the
nearest building or structure not owned by the permittee. or at a location
identified by the seismologist of record and the Planning Services Director, or
designee. A blasting control procedure is hereby established by adopting an
80% rule for controlling blasting in urban construction environments. If 80%
of the allowable particle velocity is exceeded. no biasring may be undertaken
until a letter, facsimile transmission, or telephone call with a follow-up letter
or facsimile transmission is provided by the blasting permit applicant to the
county identif`"ing a revised blasting methodolog`" which provides procedures
that will be implemented to assure that a peak particle velocity of 0.5 inches
per second will not be exceeded.
The maximum allowable airblast. measured at the nearest building or
structure not owned by the permittee. or `'vhen measured at a distance of 5280
feet fi'om the blast shall not exceed 129 decibels when measured by an
instrument havine a flat frequency response oxer a range of at least 6 to 200
hertz. If the airblast is measured with an instrument having a fiat frequency
measure over a range of at least 2 to 200 hertz. the corresponding limit is 133
decibels.
The following requirements shall apply to all blastin~ within the urban
boundaries of the count,.:
a) Overburden shall not be removed prior to blasting. ~q~en overburden
exceeds 4 feet of depth, a minimum of 4 feet of overburden shall
remain in place prior to blasting.
bD All blast holes within I000 feet of the nearest structure based on a
GPS measurement with 89 stone or approved equal material shall be
stemmed to confine the gaseous products of detonation.
c) The "borehole" surrounding the blast tube shall be backfilled to
ensure stability of the ground suri~ce.
d) All surface detonators shall be covered or buried.
e) All charges shall be at (originall',' placed) proper depth prior to the
detonation of multiple blasts.
SUBSECTION 3.J: AMENDMENTS TO VEGETATION, REMOVAL AND
PRESERVATION DIVISION '
AGENDA ITEM
Division 3.9. Vegetation. Remo`"al and Preservation. of Ordinance 9 02.1~lik=,'T:.z::~e~.-2
the Collier County Land Development Code. is hereby amended to read as folio i.s: JUN 1 S !999
Words ztr'.:zk :kra"gk are deleted. words underlined are added.
77 Pg. ,::,2,/~
DIVISION 3.9. VEGETATION, RENIOVAL AND PRESERVATION
Sec. 3.9.5. Vegetation removal, protection and preservation standards.
3.9.5.2.9 Removal ofveoetation for approved mitigation bank sites (as defined bv the
Florida Administrative Code): state or federallv endorsed environmental
preservation. enhancement or restoration projects: or State of Florida.
dMsion of forestry' approved fire breaks shall be permitted. Vegetation
removal permits issued under these criteria are valid for the period of the time
authorized by such agency permits.
SUBSECTION 3.K:A/~IENDMENTS TO DEFINITIONS DIVISION
Division 6.3.. Definitions. of Ordinance 91-102. as amended. the Collier County Land
Development Code, is hereby' amended to read as follows:
DIVISION 6.3. DEFINITIONS
Commercial equipment: Any equipment commonly used in a commercial business. i.e~
contractors equipment. earth moving machin.er~'. lawn equipment. or utility trailers. or
devices used for the transportation of equipment. materials or merchandise. ' c ...... :~,
Nonconforming lot of record: Any' lawful lot or parcel which was recorded. or for which an
agreement for deed was executed. prior to the effective date of this code. and which lot or
parcel does not meet the minimum width a~ o_Xr lot area requirements as a result of the
passage of this code shall be considered as a legal nonconforming lot and shall be eligible
for the issuance of a building permit provided all the other requirements of this code and the
Florida Statutes are met. This definition also includes any lot or parcel made nonconforming
by a rezoning initiated by Collier County to implement the Zoning Reevaluation Ordinance
[No.] 90-23 (1990) [Code ch. 106. art. II].
SECTION FOUR: CONFLICT AND SEVERABILITY
In the event this Ordinance conflicts with any other Ordinance of Collier County and other
applicable law. the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid
or unconstitutional by an>' 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.
SECIION 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 relettered to accomplish
such. and the word "ordinance" may be changed to "section". "article". or any other appropriate word.
JUN 1, !999
Words s',~_'ck thrscgh ar~ d~leted, words underlined are added.
78
SECTION SIX: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of Count)' Commissioners of Collier Count)'.
Florida. this __ day of .1999.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY. FLORIDA
BY:
ATTEST: PAMELA S. MAC'KIE, CHAIR~'OMAN
D~'IGHT E, BROCK. CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
MAR.IOR/E M. STUDENT
ASSISTANT COUNTY ATTORNEY
LDC ORD CYCLE I - 1999'md
JUN 16 1999
Words ..... t ,~, ..... k are deleted. words underlined are added.