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Ordinance 2009-55 c.'i>678910 'V~. ~ ";- ~ ~ MO!lftf/J1RJ ~\ ( ~ V ;Jnn_U .... M -VU8 '" ~ ~I ~ CS' '""~ * 02': ()1J S~ t?<:cr:t:t,:t ORDINANCE NO. 09- 55 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COlliER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COlliER COUNTY lAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE lAND REGULATIONS FOR THE UNINCORPORATED AREA OF COlliER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE lAND DEVELOPMENT CODE, MORE SPECIFICAllY AMENDING THE FOllOWING: CHAPTER 5 SUPPLEMENTAL STANDARDS, BEFORE RELOCATING SECTION 5.04.06 ANNUAL BEACH EVENTS PERMITS, TO NEW SECTION 5.04.07, ADDING SECTION 5.04.06 TEMPORARY SIGNS, AMENDING SECTION 5.06.04 DEVELOPMENT STANDARDS FOR SIGNS IN NONRESIDENTIAL DISTRICTS; AND AMENDING SECTION 5.05.08 ARCHITECTURAL AND SITE DESIGN STANDARDS; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. Recitals WHEREAS, on October 30, 1991. the Collier County Board of County Commissioners adopted Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LDC), which was subsequently amended; and WHEREAS, the Collier County Board of County Commissioners (Board) on June 22, 2004, adopted Ordinance No. 04-41, which repealed and superseded Ordinance No. 91-102, as amended, the Collier County Land Development Code, which had an effective date of October 18, 2004; and WHEREAS, the LDC may not be amended more than two times in each calendar year unless additional amendment cycles are approved by the Collier County Board of Commissioners pursuant to Section 10.02.09 A of the LDC; and WHEREAS, this is the first amendment to the LDC for the calendar year 2009; and Page 1 of 12 H:IPubliclJeffWriQhI\CDESISIGNSIFINAL WORD VERSION 10-27-0Q.docx --,l ',,) ., WHEREAS, on March 18, 1997, the Board adopted Resolution 97-177 establishing local requirements and procedures for amending the LDC; and WHEREAS, all requirements of Resolution 97-177 have been met; and WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold an advertised pUblic hearing on June 2, 2009 and did take action concerning these amendments to the LDC; and WHEREAS, the subject amendments to the LDC are hereby determined by this Board to be consistent with and to implement the Collier County Growth Management Plan as required by Subsections 163.3194 (1) and 163.3202 (1), Florida Statutes; and WHEREAS, this Ordinance is adopted in compliance with and pursuant to the Local Government Comprehensive Planning and Land Development Regulation Act (F.S. ~ 163.3161 et seq.), and F.S. ~ 125.01(1)(t) and (1)(w); and WHEREAS, this Ordinance is adopted pursuant to the constitutional and home rule powers of Fla. Const. Art. VIII, ~ 1 (g); and WHEREAS, all applicable substantive and procedural requirements of the law have otherwise been met. NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: RECITALS The foregoing Recitals are true and correct and incorporated by reference herein as if fully set forth. SECTION TWO: FINDINGS OF FACT The Board of Commissioners of Collier County, Florida, hereby makes the following findings of fact: 1. Collier County, pursuant to Sec. 163.3161, et seq., Fla. Stat., the Florida Local Government Comprehensive Planning and Land Page 2 of 12 H:IPubliclJeffWrightICDESISIGNSIFINAL WORD VERSION 10-27-09.docx Development Regulations Act (herein after the "Act"), is required to prepare and adopt a comprehensive plan. 2. After adoption of the Comprehensive Plan, the Act and in particular Section 163.3202(1). Fla. Stat., mandates that Collier County adopt land development regulations that are consistent with and implement the adopted comprehensive plan. 3. Section 163.3201, Fla. Stat., provides that it is the intent of the Act that the adoption and enforcement by Collier County of land development regulations for the total unincorporated area shall be based on, be related to, and be a means of implementation for, the adopted comprehensive plan. 4. Section 163.3194(1)(b), Fla. Stat., requires that all land development regulations enacted or amended by Collier County be consistent with the adopted comprehensive plan, or element or portion thereof, and any land regulations existing at the time of adoption which are not consistent with the adopted comprehensive plan, or element or portion thereof, shall be amended so as to be consistent. 5. Section 163.3202(3), Fla. Stat., states that the Act shall be construed to encourage the use of innovative land development regulations. 6. On January 10, 1989, Collier County adopted the Collier County Growth Management Plan (hereinafter the "Growth Management Plan" or "GMP") as its comprehensive plan pursuant to the requirements of Sec. 163.3161 et seq., Fla. Stat., and Rule 9J-5 FAC. 7. Section 163.3194(1)(a), Fla. Stat., 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. Stat., a development order or land development regulation shall be consistent with the comprehensive plan if the land uses, densities or intensities in the Page 3 of 12 H:IPubliclJeffWrightICDESISIGNSIFINAL WORD VERSION 10-27-09.docx comprehensive plan and if it meets all other criteria enumerated by the local government. 9. Section 163.3194(3)(b), Fla. Stat., 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 County Land Development Code, which became effective on November 13, 1991 and may be amended twice annually. The Land Development Code adopted in Ordinance 91-102 was recodified and superseded by Ordinance 04-41. 11. Collier County finds that the Land Development Code is intended and necessary to preserve and enhance the present advantages that exist in Collier County; to encourage the most appropriate use of land, water and resources consistent with the public interest; to overcome present handicaps; and to deal effectively with future problems that may result from the use and development of land within the total unincorporated area of Collier County and it is intended that this Land Development Code preserve, promote, protect and improve the publiC health, safety, comfort, good order, appearance, convenience and general welfare of Collier County; to prevent the overcrowding of land and avoid the undue concentration of population; to facilitate the adequate and efficient provision of transportation, water, sewerage, schools, parks, recreational facilities, housing and other requirements and services; to conserve, develop, utilize and protect natural resources within the jurisdiction of Collier County; to protect human, environmental, social and economic resources; and to maintain through orderly growth and development, the character and stability of present and future land uses and development in Collier County. 12. It is the intent of the Board of County Commissioners of Collier County to implement the Land Development Code in accordance Page 4 of 12 H:IPubliclJeffWrightICDESISIGNSIFINAL WORD VERSION 10-27-09.docx 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. Page 5 of 12 H:IPubliclJeff WrightlCDESISIGNSIFINAL WORD VERSION 10-27-09.docx SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE SUBSECTION 3,A, AMENDMENTS TO SECTION 5,04,06 ANNUAL BEACH EVENT PERMITS Section 5.04.06 Annual Beach Event Permits, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 5.04,06 ANNIMl B&I'.CH &V&NT P&RMITS TEMPORARY SIGNS . . . . . . . . . . . . A Reserved B. Temporarv Siqn Permit Types and Standards 1. Temporarv Events. A temporarv use permit for a temporarv event. issued per section 5.04.05.. shall allow for the placement of temporarv siqnaqe as classified and requlated herein. a. A "siqn only" temporarv use permit may be issued for temporarv qround siqns and banners used to promote a sale. event. or activity not requirinq a temporarv event temporarv use permit per section 5.04.05 of this Code. Such uses include, however are not limited to. study or course offerinqs. vacation camp. non-public indoor events, and sales events occurrinq within the confines of an established business. i. "Siqn only' temporarv use permits will be allowed. reoulated. and enforced as special event siqns. ii. Time limits for 'siqn only' temporarv use permits shall be the same as those for special events. see subsection 5.04.05 A.3. b. Special event siqns. i. Special event siqns shall be erected not more than 15 calendar days prior to the supportinq event and shall be removed within 7 calendar days after the event has taken place. 2. Grand Ooenina sians. A one-time 14-day nonrenewable qrand openinq siqn only temporarv use permit may be issued upon the openino of a new business. or the approved relocation of an existinq business. a. A current valid Collier County Business Tax Receipt or an approved Land Use and Zoninq Certificate (Non-Residential) may serve as evidence of the new business. or location. openinq. b. A separate permit is not required for a orand openinq sion if beino placed in coniunction with a special event temporarv use permit Page 6 of 12 H:IPublicIJeffWrightICDESISIGNSIFINAL WORD VERSION 10-27-09.docx issued per subsection 5.04.05 A 1. c. A arand openina sian temporarv use permit may be obtained only within the first 3 months of establishina a new business or location. d. A arand openina sian is limited to an anchored banner. e. A 'sian only' temporarv use permit for a arand openina sian shall be exempt from the annual time limitations identified in subsections 5.04.05 A3.a. and 5.04.06 C.1.a.ii. 3. "Comina Soon Sians." A onetime non-renewable temporarv use permit may be aranted. for a comina soon sian located within a non-residential zonina district. subiect to the followina: a. As applied in this section. a comina soon sian is defined as a around sian used to inform the public of the intended openina of a new business. b. A temporarv use permit for a sian shall not be issued until the applicant has applied for a buildina permit for the principal structure. c. The temporarv use permit number shall be placed at the base of the sian not less than Y:i inch from the bottom. d. The sian shall not be displayed for a period more than 6 months from the issuance of the temporarv use permit or until the issuance of a permit for the permanent sian. whichever occurs first. The non-refundable fee for this temporarv use permit shall be as set forth in the fee schedule for the services performed by the Community Development and Environmental Services Division. . . . . . . . . . . . . 6. Election and Referendum sians. Sians for elections and referendums shall be permitted subiect to the followina reauirements: a. A bulk temporary permit shall be obtained prior to the erection. installation. placement. or display of sianaae before elections and referendums. The fee for the bulk permit shall be as set forth in the fee schedule for the services performed by the Community Development and Environmental Services Division. b. The bulk permit number shall appear on everv sian or on the pole supportina the sian. . Page 7 of 12 H:IPubliclJeffWrlghtICDESISIGNSIFINAL WORD VERSION 10-27-09.docx c. All sians for which the permit is issued shall be removed within 7 days after the event. Each sian not removed within the reauired time shall constitute a separate violation of this Code. The permittee will be subiect to issuance of a citation for each violation from the Collier County Code Enforcement Board. d. Sians erected within residentially zoned or used property shall not exceed 4 square feet in area and 3 feet in heiaht. and shall be located on-site and no closer than 5 feet to any property line. e. In all other zonina districts. sians shall not exceed a maximum sian area of 32 sauare feet per sian. and shall be located no closer than 10 feet to any property line. The auantity of such sians shall be limited to 1 sian for each lot or parcel per bulk permit issued. i. In addition to a bulk temporarv use permit. a buildina permit shall be required for each installed sian. ii. All supports shall be securely built. constructed and erected to conform to the reauirements of the Florida Buildina Code Hi. The maximum heiaht of any sian or poster shall be limited to 8 feet. except for sians affixed to the surface of a buildina wall. SUBSECTION 3.B. RELOCATION OF SECTION 5.04.06 ANNUAL BEACH EVENTS PERMITS TO NEW SECTION 5.04.07 5.04.07 ANNUAL BEACH EVENTS PERMITS . . . . . . . . . . . . 5.05.08 ARCHITECTURAL AND SITE DESIGN STANDARDS . . . . . . . . . . . . C. Building design standards 14. Barber Poles. All traditional size (not more than 54 inches in heiaht and not more than 6 inches in diameter) and style barber poles which contain any illuminated movina or rotatina part may be permitted if the followina and all other applicable requirements are met: a. The barber pole is attached to the exterior wall of an establishment providina the services of a licensed barber: b. Each such establishment (barbershop. salon. etc.) is limited to only one barber pole: Page 8 of 12 H:IPubliclJeffWrightICDESISIGNSIFINAL WORD VERSION 10-27-09.docx c. No barber pole may move or rotate except when the establishment is open and providina the services of a licensed barber: and d. All barber poles that are illuminate. whether or not they rotate. shall obtain a buildina permit. SUBSECTION 3,C, AMENDMENTS TO SECTION 5,06.04 DEVELOPMENT STANDARDS FOR SIGNS IN NONRESIDENTIAL DISTRICTS Section 5.06.04 Development Standards for Signs in Nonresidential Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 5.06.04 Development Standards for Signs in Nonresidential Districts. . . . . . . * . . . . . F. On-premise signs. On-premises pOle signs, ground signs, projecting signs, wall signs, and mansard signs shall be allowed in all nonresidential zoning districts subject to the restrictions below: . . . . . . . . . . . . 4. Wall, mansard, canopy or awning signs. One wall, mansard, canopy or awning sign shall be permitted for each single-occupancy parcel, or for each unit in a multiple-occupancy parcel. End units within shopping centers and multiple-occupancy parcels, or single occupancy parcels where there is double frontage on a public right-of-way, shall be allowed 2 signs, but such signs shall not be placed on one wall. Retail businesses with a floor area of larger than 25,000 square feet and a front wall length of more than 200 linear feet, are allowed 3 wall signs; however, the combined area of those signs shall not exceed the maximum allowable display area for signs by this Code. . . . . . . . . . . . . e. In addition, any non-illuminated sign located in a window shall not exceed 25 percent of lI1e each window area. No building permit required. i. Signs located in windows shall not be illuminated in any manner with the following exception: a) One sign per business establishment that is located in a window may have 2.25 square feet of illuminated signage, . . . . . . . . . . . . Q, Tel1'lfJeraf}' siflFls. ,II, temperary llse permit is reElllired te erect a Page 9 of 12 H:IPubliclJeffWrightICDESISIGNSIFINAL WORD VERSION 10-27-09.docx temperaFY sigR as set feRh in sestien 19.92.06 G., unless ett-ler.','ise we'Jiaea hemin. AppliGaRts fer temperaf'}' sigR perFflits shall pay the fee establisl1ed for a temperaI)' sigR permit. Temporary sigRs shall be allowes suBjest to the restriGtiens iFflpesed by this sestion ans ether relevant paRs of this Code. Temporary use permits for spesial e'Jents sigRs are leGated in sestion 5.94.05. a. TeFflporary signs. An oSGupant of a parGel, multi tenant parGel or mixed use buildinll, may sisplay 1 on site teFflpGrary GOFflmersial sigR or 2 sush sigRs for proporties sontaining FflGre than 1 street froRtage, not to exseed 82 s~uare feet in area or !l feet in l1eillht. See subseGtien 5.Q4.QIi /\ for time liFflits on the sisplay ef temporaf'}' sigRs. I. SUGh sigRs sl1all be leGated a Fflinimum of 1 Q feet frOFfl any prGperty line. b. Temperar! SigR GG'lerS Fflade of vinyl or Gan'Jas Fflay be autl1erized fer an ellisting grouRd or pele sigR, under the fellewinll senditiens: i. A blank SigR Ge'/er mase froFfl all white Fflaterial, sl1all be allewed fGr gO days, after ',",hiGh tiFfle tl1e Gover shall be remevea, r8l1ardless ef '....heti:ler er net the sigR faGe has been replaGed. fI. perFflit is net re~uires. ii. p, sigR Gever made freFfl all white Fflaterial, displayinll lIFapl1ics IiFflited te 82 s~uarG feet, st-lall be perFflitlea for 14 days. ^ temperary use permit (TlJP) is re~uirea. ^ maxiFfluFfl of 2 teFflporary use pem:lits may be issues 'Nithin 12 senseGuti',<e Fflontl1s. If the grapi:liGs are r-oFflo'/ed freFfl the Gever, it Fflay reFflain for the balanGe ef the gO says. a) SubFflittal re~uiFements fer a TUP inGluae an appliGatien deemed suffjsient by Ceunty staff', a dimensienes drawing of the lIraphiG, wl1iGh may appear en both siaes of the ce'o'er, ana the perFflit fee as indiGated in the CD~S fee sGhesule. 9.4-Q, On-premises directional signs may be permitted within nonresidential zoning districts intended to facilitate the movement of pedestrians and vehicles within the site upon which such signs are posted. On-premises directional signs shall not exceed 6 square feet in area and 4 feet in height. 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. a. Directional signs located internal to the subdivision or Page 10ofl2 H:IPubliclJeffWrightICDESISIGNSIFINAL WORD VERSION 10-27-09.docx development shall maintain a minimum setback of 10 feet from the edge of the roadway, paved surface or back of the curb, as applicable. b. Directional signs may be combined into a single sign not to exceed 6 feet in height and 64 square feet in area. Such signs shall require a building permit. 1Q,~ On-premise signs within agricultural districts. a. In the rural agricultural area designated on the future land use map of the growth management plan. On-premises 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: i. One pole or ground sign, located at the entrance or gate of each street frontage. 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 any property line, public or private right-of-way or easement. b. On-premises signs within agricultural zoning districts in the urban area shall comply with the requirements of section 5.06.04 of the Land Development Code. c. 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 Land Development Code, and subject to the following restrictions: i. One wall or mansard, canopy or awning sign shall be permitted for each principal use structure on the parcel. Corner parcels or double-frontage parcels shall be allowed 1 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. .1.1.-R, 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; nor be reflective or fluorescent; and shall have a steady non-fluctuating or non-undulating light source. R~ Mobile billboard. It shall be unlawful for any person to display any mobile billboard. R-=14.- See section 5.05.05 of this Code for signage regulations for automobile Page 11 of 12 H:IPubliclJeff WrightlCDESISIGNSIFINAL WORD VERSION 10-27 -09.docx service stations. . . . . . . . . . . . . SECTION FOUR: CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding Section not affect the validity of the remaining portion. SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE The provisions of this Ordinance shall become and be made a part of the Land Development Code of Collier County, Florida. The sections of the Ordinance may be renumbered or re-Iettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION SIX: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Florida Department of State, Tallahassee, Florida. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 27th day of October, 2009. i ,..1\1\1.0.11.",.", \' "'. r',~. '" '. ATT~W'.~""",. D~~.BRQ.CK.~~_E~K r? .' .t~, ': '~ %1'~ : ~ : BOARD OF COUNTY COMMISSIONERS OF COLLI~R OUNTY, FLORIDA_ ~h?-~ d~ By: DONNA FIALA, CHAIR By: . .~J(':..':~;'" ..". 11 Qjlatllr. 'Oft,..."" Approved as to form and legal ufficiency: ~ Page 12 of 12 H:IPubliclJeffWrightICDESISIGNSIFINAL WORD VERSION 10-27-09.docx This o~ll'!OllCe filed with the ~Ifto", of State's Office the ~ dl:!y of .I-.L... , '2eo'l and aclu "'* ledgement of that filing recelwd this ~ day of"~Il~~t.v"'" 2.&0, 1Iy~.', ~ J .." DooUo.e Je Wright As . tant County Attorney STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2009-55 Which was adopted by the Board of County Commissioners on the 27th day of October, 2009, during Regular Session, WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 29th day of October, 2009, e"" - DWIGHT E, BROCK Clerk of Courts ancr'Clerk Ex-officio to Board of County CommissiQlfers , .~ (\~_-;-nC" . 'rv~."", By: Martha Deputy .. ....f.,:::...-..;~ \;" 'JI 'J." Vergara, '" ..~~,,\ ,- Clerk " ;,'{