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Ordinance 99-46 ORDINANCE NO. 99-46 AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMP~HENSIVE ZONING ~GULATIONS FOR THE UNINCORPO~TED AREA O~=~ COLLIER COUNTY, FLO~DA, BY PROVIDING FOR: SECTIO~ I , N T LAND DEVELOPMENT CODE, MO~ SPECIFICALL~ H T O O C I E CONDITIONAL USES, DIMENSIONAL STANDA~S, DIVISI~ 2.3. OFF-STREET PA~ING AND LOADING; DIVISION 2.~ SIGNS; DIVISION 2.6. SUPPLEMENTAL DISTRICT REGULATIONS; DIVISION 2.7. ZONING ADMINIST~TION AND PROCEDU~S; DIVISION 2.8. ARCHITECTU~L AND SITE DESIGN STANDA~S 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 P~SERVATION; ARTICLE 6, DIVISION 6.3. DEFINITIONS, INCLUDING, BUT NOT LIMITED TO THE DEFINITIONS OF NON-CONFO~ING LOTS; SECTION FOUR, CONFLICT AND SEVE~BILITY; SECTION FIVE, INCLUSION IN THE LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. 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 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: Words =tr~:c.v- t~rc=g~ are deleted, words underlined are added. ! 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 County 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 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. Stat., mandates that Collier County adopt land development regulations that are consistent with and implement the adopted comprehensive plan. 3. Sec. 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 as required by the Act. 4. Sec. 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 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. 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. 1634.3161 et seq. Fla. Stat., and Rule 9J-5, F.A.C. 7. Sec. 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 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. 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; encourage the most appropriate use of land, water and resources, consistent with the public interest; overcome present handicaps; and deal effectively with future problems that may result from the use and development of land within the total Words ~'.r'.:z~ '.~r~ug~ are deleted, words underlined are added. 2 unincorporated are 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; 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 growth and development, the character and stability of present and future land uses and development in Collier County. , 12. It is the intent of the Board of County Commissioners of Collier County to implement the Land Development Code in accordance with the provisions of the Collier County Comprehensive Plan, Chapter 125, Fla. Star., and Chapter 163, Fla. Star., 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, PERMITTED 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; ranching; 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: dairying;; ranching;; poultry_ and e~_~ 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 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. Dairying;; ranching;; livestock raisingl; poultry and egg production;; milk productionl; F. veateck raising, 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. Words struck t~r~ug~ are deleted, words underlined are added. 3 25. The commercial production, raising or breeding of e..xotic animals, other than animals typically used for agricultural purposes or production, subiect to the following standards: a_. Minimum 20 acre parcel size. b_. Any roofed structure used for the shelter and/or feeding 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 village residential district (VR) is to provide lands where a mixture of residential uses may exist. Additionally, uses are located and designed to maintain ~ a village residential character of t~e VR ~istrict 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 County 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, accessory, and conditional uses in the village residential district (VR). Single- Duplex Multiple- Accessory Conditional Family Family Uses Uses Dwelling Dwelling and Mobile Home 1. Minimum lot area 6,000 10,000 ! 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 Section 15 feet 2.6.2 Words ...... ~ ,u .....~- 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 density** 7.26 units/ 8.7 ! units/14.52 N/A N/A gross gross units/gross 6. Distance between N/A N/A I/2 sum of N/A structures the building height 7. Minimum floor area. (Reserved.) 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. *_!* 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. Sec. 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., ..... ~ ............ ;,,,~ ~ The in this district ;"+~"'~'~ uses are .......... "- . ..................., office, low intensity service uses, and limited residential uses that meet the intent of the Co 1/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 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 ;,n ~ shall be as provided for herein. Words ......~, ,h .....h are deleted, words underlined are added. 5 ~ The C-I/T zoning district, where utilized to meet the intent of the :~,,',,::,er::,,~! ',::,~::' ::'?,:::,: F,'~,~':,::,~::, office and infill commercial subdistrict provisions of the future land use element of the comprehensive growth management plan, shall 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 , bdi i su str ct provisions. -r~,,~ ,,,,~ .......*:"" ~-~ ....exF,~n,~;,c,n ~c c~ ~/T ...... zen;,ng 2.2.12.2. Perm/tted 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 (723 1 ). 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 1I, 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 § 651 F.S. and ch. 4-193 F.A.C.; all subject to section 2.6.26. 6:.8--. Offices for engineering, architectural, and surveying services (groups 0781, 8711-8713). ~.9-. Health services (8011-8049). g:.10. Individual and family social services (8322 activity centers, elderly or handicapped; adult day care centers; and day care centers, adult and handicapped only). ~1 !.. Insurance carriers, agents and brokers (groups 6311-6399, 6411). 10, 12. Legal services (8111 ). 11.13. Management and public relations services (groups 8741-8743, 8748). 12.14. Miscellaneous personal services (7291 ). 13. ! 5. Museums and art galleries (8412). ! ~.. 16. Nondepository credit institutions (groups 6141-6163 ). 15.17. Photographic studios (7221 ). Words ~,,..~t. ,~ ..... ~' are deleted, words underlined are added. 6 18. Physical fitness facilities (7991 ). 19. Real estate (groups 6531-6541). 20. Shoe repair shops and shoeshine parlors (7251 ). _ !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-l, C-l/T), subject to the standards and procedures established in division 2.7.4. 1. Civic, social and fratemal associations (8641). 2. Depository 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 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-I, 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 Words struck t~r~u h g 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:. The e, alde tl I '~ ....": .....:,~ ,~., h ....*";"*'~'~ *~p ey r n a .........~ .......................... v, ccu an , j,.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); 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 ). I0. 11.Soup kitchens, as defined by this code. 11.12.Veterinarian's office (0742), excluding outdoor kenneling. 2.2.12.4. Dimensional standards. The following dimensional standards shall apply in the C-l, C-1FF 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. 1. Front yard. 25 feet. 2. Side yard. 44-fe~. 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 pore any residentially zoned or uses property. 25 feet. 2.2.12.4.4. Maximum height of structures. 35 feet. Words struck tkre, ug.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. Hoor area ratio. (Reserved.) 2.2.12.4.8. Minimum off-street parking and offistreet 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. .... , . . . ~,.,,..,,,,,,,,,j,~,, ~., ,.,,,.. ~..,,,.,,.,,., ,.,,.1,.~,.~-, .............. JJ"" 6 ................ F"'F ................. b ........ excess _~.,-,~_+ ~f i .... I ,,,f ..... ;,,~ t-~ _~1, 1~,., ...... i .... A,.,,; ...... ,-,;fir ,~,-, 2.2.12.~?.. 2.2.12.6. Architectural 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. l. Frontyard. 25 feet. 2. Side yard. 2-5-feet one-half of the building height as measured from each exterior wall with a minimum of fifteen (15) feet. 3. Rear yard. 15 feet. See. 2.2.14. Commercial intermediate district (C-3). 2.2.14.4.3. Minimum yard requirements. 1. Front yard. 25feet. 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. Words ..... ~, ,h ....."are deleted, words underlined are added. 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 division 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, 5551, 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 7011, 7021, 7041 when located outside an activity center). 11. Justice, public order and safety (groups 9222--9224). 12. Kiosks. 13.~.;,,. _;,,+ .... +u,~,..,..~ ~?o'~'~ Local and suburban transit (f~rouos 4111-4121, bus stop and van pool stop only), 2.6.25. Motion picture theaters ( 7833 ). · "';"":"-~ "*""~* .... Communication towers above specified height, subject to section 2.6.35. 16.e .... ~,;,.h ..... ,~,.~,,~,~ ~,,, ,h:~ ,,,,,~ Permitted use with less than 700 square feet of gross floor area in the principal structure. 17. Soup kitchens as defined by 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. ~ one-half of the building height as measured from each exterior wall with a minimum of fifteen (15) feet. 3. Rear yard. Z,~va--or-~, 15 feet. Words ~* ....b ,h .....u ............. v. are deleted, words underlined are added. 10 Sec. 2.2.15~. Heavy commercial district (C-5). 2.2.15 ½.4.3. Minimum yard requirements. 1. Front yard. 25 feet, plus one foot for each one foot of building height over 50 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 7~.~ ~'~. ~. ~ ~.~o 15 feet Sec. 2.2.16. Industrial district (I). 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. Barber shops (group 7241). 5. Beauty shops or salons (723 1 ). 6. Building construction (groups 1521 - 1542). 7. Business services (groups 7312, 7313, 7319, 7334-7336, 7342-7389, including auction rooms (5999), subject to parking and landscaping for retail use). 8. Communications (groups 4812-4899 including communications towers up to specified heights, subject to section 2.6.35). 9. Construction-special trade contractors (groups 1711 - 1799). 10. Depository and nondepository institutions (groups 6011-6163). 11. Eating places (5812). .._. 12. Educational services (8243--8249). 13. Electronic and other electrical equipment (groups 3612--3699). 14. Engineering, accounting, research, management and related services (groups 8711--8748). 15. Fabricated metal products (groups 341 I--3479, 3491--3499). 16. Food and kindred products (groups 2011--2099 except slaughtering plants). 17. Furniture and fixtures (groups 2511 --2599). Words at.".:c.t'. ,h .....~' are deleted, words underlined are added. 11 18. Gunsmith shops (group 7699) with accessory 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 machinery 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; watches and clocks (groups 3812--3873). 26. Membership organizations (groups 8611,8631 ). 27. Miscellaneous manufacturing industries (groups 3911--3999). 28. Miscellaneous repair services (groups 7622-7699) with no associated retail sales. -- 28.29. Motor freight transportation and warehousing (groups 4212, 4213--4225, 4226 except oil and gas storage, and petroleum and chemical bulk stations). Lu),.30. Paper and allied products (2621--2679). 20.31. Personal services (groups 7211-7219). 31.32. Physical fitness facilities (7991). 32.3.3. Printing, publishing and allied industries (groups 2711--2796). 33.34. Railroad transportation (4011,4013). 3~..35.Rubber and miscellaneous plastics products (groups 3021, 3052, 3053). 35.36. Stone, clay, glass, and concrete products (groups 3221, 3251, 3253, 3255--3273, 3275, 3281). _. 36.37. Textile mill products (groups 2211--2221, 2241--2259, 2273-2289, 2297, 2298). 37.38.Transportation equipment (groups 3714, 3716, 3731, 3732, 3751, 3761, 3764, 3769, 3792, 3799). 38.39.Transportation by air (groups 4512--4581 except airports and flying fields). ~)-:40. Transportation services (groups 4731--4783, 4789 except stockyards). ~,0.~.0. United States Postal Service (4311). Words atm.~k t~re, ug~ are deleted, words underlined are added. 12 ~. I A2. Welding repair (7692). ~.273. Wholesale trade--durable goods (groups 5012--5014, 5021--5049, 5063--5092, 5094--5099). 4-3-44, Wholesale trade--nondurable goods (groups 5111 --5159, 5181, 5182, 5191 except that wholesale distribution of chemicals, fenilizers, insecticides, and pesticides shall be a minimum of 500 feet from a residential zoning district (5192--5199). 44:45. 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. Words ..... ,, +u ....."are deleted, words underlined are added. 13 MA 1~(:70 I-~.; I,A N D Map 1 above is hereby deleted in its entirety. Map 2 above is hereby deleted in its entirety. Words -* .... 1' "' .....k ............. ~,. are deleted, words underlined are added. 14 standards, of this t-,,,~,~ nctcd t,., ..... .... , except as ....... b,. Si& yard.' ~. L~aximum minimum ..... ;,.,,A n,,,,A ~, ....,: .......h ...... ;,; .... ~ Acccssc, ry structures. '}n `e~+ as ........ A from existing t~ach d ,,,,,-1 .......... k;,-k ......... I +k .... ; .... Words .... ~' "' .....~' are deleted, words underlined are added. 15 Words -* ....l,., .....h ............. ~,.. are deleted, words underlined are added. 16 f. tin.,,,i'aA tv,,l.I;ar. 4- t.~ 4-h, ,',,,',~r~,',;,~,",~ ,'in,.] ~s.,x,',,,lris-a, e,t.+ 'f~,.4-k rlaxr~,l~,~.-d' -~,. ~;*,~ 1~,-,',',,,~,'--~,',+ ,',1,',__ .,k;~k ~AA,.~,~o ;m~,.,",Ira,-,~,,',.+r, an,"l 2 2 27 7 I ~ '~ v..:A.._.., ._..,+; r,,_;,., A ...., ....... o.,.;.~+ .......:...~ A .... ,,~_ kll'nrt, n loi,-,-,A I&,T.,,.+~., DI,-.,', .h,-ll ,Ak~,,.,= +,, +k~. 4:',-,11 .... ; ....... A 4-:. MuLl fc.,'nll .....;~"";"' ~ ....~ ....., ..... ;,,~, ......, ,,, j J, , vu,~4v,.,.,.,, wv rv,vF...v., ~"' F' t.,jv~.,;u vv/~u~ where such lands are ......... ., density units o, tn ...... ; ........ a t. the ~.c DITF'I ,-,11 ~f+k ......:.: ....cecti 2 2 20 Case ,~, a , ,~- fezoRe, ......... r ............ S OIl . . · ,,~,,.,~a~+ 4',-. A~,,~!,,__.~,,,-,+ .+,-,.A~,.A,, f~, ,.,~.',;A,,',i';,1 A,.,~l~,__,__,~,.,+ ....... ;,d a;,,,;.., .....,.A;,+,-;.,,, +K.,A ....t .....*" land d for +h.~ DI~ArI2 I 9 A;o+,.;,-* oh,-,l l k~, ..+;I;..~A ,,o ,, ,',,,;A~.I;__,= f,'.~ +k~. DT ....... J ...... .F ,v ................ r .......... F, vJvv,u CSS ,,,u,, _~,,, ;_ .;.. k,f..l+; f..-.;I.. A,~,,,!..-.,,,,.,.~,, ,~h,-,ll I.,~ .~.-,-,.;++~A +h,~ ,,__A,,.I,,;____ ,,~__;,,', ~__ +!.,, ,.,,.,-.~,,4,, __,,.,.,~;+,-. ,'~,;A~__+;,',! f,,,,-.;h, ,,,,,,. .... !-,;,~t- +~ +k~ A,__,~;+,, ,.,,-,',,,;,',;,',__, ,-f +L,~ .~__;..-. .-I;~4,;,,+ ,__J +k. lk,t'~.~,... T.I..A 'k,'l,'~o+~,.. D!,'.. TTF!.,~,.,=, ....... J,,,~, zcnlRg ........ F .................... a .... , may .... . ......... j ......... v .............. v ..;,. A ....~ .....+ ~- "';+-; ..........+ ": ....is .-...u..-.,.:. which 2 2 27 7 I I 3 r' ...... ;.,, d ....~ .....,. u._:.~,., .......; ...., .........;,,, ........ ..... ;A~,.,+;,-,I ........ , l~,+,A; .......... ;,I ~,-,,;,-,,-, A;otr;nt r ............ s-,,,-,~, ..................... x,,/ ................... ve c"ment o+,,,.,A,,.A~. .',.~+ C....*k ;,, ,',,',;A ..'..;__.-. A;.+.;.-+ D,-,',l,~+o ...'...,'.o;...'..'.~...~.~.~;~1 Words ...... L- a. ..... h arc deleted, words underlined arc added. 17 Words ......~ a, .....u are deleted, words underlined are added. 18 :~";:!l'l.'l.J" ~ :: .o . ,,~.,%,.:%.g.,=~..,,T,o~LTz,~r~,~,~.,,.; Map 3 above is hereby deleted in its entirety. Map 4 above is hereby deleted in its entirety. ~,;,, Alo,,-;,-,, ok. II .,-,.,h, a,,,,a,,, ,'.o Words .,_.A-., ..... u arc deleted, words underlined are added. 19 u_~; ....z.~,_u,. T.,~ h.,.;+.,.,..,~,; .....h,,+h.. residential ~ .......g petition r ................, p! tCnD~ "Ursuant *" +"" Frovisions ~ section ? ? 97 7 centers Tk~ ~n ...... + l;m;+nf; ....... f ...... f ....... provisicns ~e sections ~ ~ a ,, o ._A ~ ~ n , ~ n _r this ................................... 6" 6 .............. J ......... provlgloBg o~ v s 8B . , D,,a~Id c..~ n;.,.:~, mk; ....k A;o+.;~, is :~.+.A .+ ,k. intersection established sin lec._:: ....:..u~.~a mh. ~ ....a..;.. ~e .h. Words str-'-ch ,h ..... h are deleted, words underlined are added. 20 Map 5 above is hereby deleted in its entirety. 9, 2 27 7 I 2 2 P mitt d, struct~rez thnt 3re y~d mgy be zero *~ ~c c_, u .........:" "- s~aH the k,A ..... 750 q k.A .... ~nn ....... c.,,. + ....cr mare .......... g u~e ._.:., .,, ,,. A ....a .....· ..,:a.:..h. D_-~.~A e..k Di :.at -Fv,: ...........F ..............................gtr . Words struck t.h..reug.h. are deleted, words underlined are added. 21 from Map 6 above is hereby deleted in its entirety. Words .... b .. .....k are deleted, words underlined are added. 22 ,',____h, +~ ,11 A .... IA__,.,..,,,+ ,,,:+kS, +k, kA',,,,-. I ^L, e,,L, F't:,+,.;,,, Code. The existing Mcxcc ~t:~l.~.~ ~;~,,;~f ,~ ;_~I..A~ nAA;+;~l ~..kl; .... +~, arkin fc!Icw!n- c..,... :. ' Ir~r,r~f~A land ina,,+ ...... Words .....t, ,. .....s, are deleted, words underlined are added. 23 Map 7 above is hereby deleted in its entirety. y~d may be zero to ,c c~,+ ~ .........in no case Words .+_,^b +k ....."are deleted, words underlined are added. 24 Map 8 above is hereby deleted in its entirety. 2 2 27 7 I Per ittcd, prey e ,~, n see c= .................... , ........F ..........n co uncticn ~v!th an ,p~ ......................~ ........ dis"!a": ....:.,,A ....... of ok. ,u::l._~ r, ...... *h:. r%-.A.~ A AA;+;.-..-.,.Ih, i ;.b! ~" ..... 1`,.. ~,....., ._.., V S e, ...... a Y ........... , ~'~;,;,..,,,,,., Qfi ~,~,.,-,~,* ,~,,,~.',;+, ,'~+ 1`~; 1`+ +k; ...... ;¢,; ........ II I/') ( ,-..~,A ") "'1 I ( I 1'1 ~ ...... ;,,~,~ ...K:~., ,,, +1`~,' ' cti 2 2 25 7 1 --~ ~, ............. J ......... provlslons ;..A.~.....A.~.... ......1+: .e.~;I.. ~.,,.,.,,, ....... ;,,I ..... ;C I,,,,.,.A ,,,;+L;. ,*-;_.A ....stn:ctur: Words :tr--':k t,h. rcug, h are deleted, words underlined are added. utilized existing w c :ncc~arates Words struck t.h. rcugh are deleted, words underlined are added. 26 TOWN CaNTeR COMMERCIAL DIITRICT I~lap 9 Map 9 is hereby deleted in its entirety. 2 2 27 7 ! A ~ Devc!o"mcnt stan&r&. Words struck t.h. rcu"h are deleted, words underlined are added. 27 V~;,',+,-;,-,, ,1,,~ T~,~,,,, [",~__+,~,- ~A';,,aA lIo,- T"l;of,L,, ,,, +k~ 't/;ll,,__,, P,, ..... Di :' .,__;.. c~.. ~ ...... , ,-.~A,,.-,;,,,, ;,, ,h ......;,-,,A ......, _c 2 2 27 7 2 ]: J a~;,;.._, ...~;,; .... ,,' ........l t ........ Words ~+ .... *~ *~ .....~ are deleted, words underlined are added. 28 .p~d,...;,./;,; ...., ........ ,- .n, ..... A~,,,: .... A/~, blc"cl~ S:atc a,';~/cr local hL~:orlc dcsi6"::afic,':. Specific structures or sites of administrati;'e varia::ce A,~,~,~.o+,.+;,~,. ,',r __~A Tk ........ + o!.,.il k~ ~A~ 1,~ ,,,.,.;+;_,,. a~mini at! ariario in .w.<., ,+ ,k. ,; ......k .......* is _.A,. a sir ve ;' e ......................... ,~ .......... , p!ct -"'~ ~'r t.,,,a,,,,, ,,..,,,- structures SDP 15 ...... · 2 2 27 E ro ....... 9')")'71ri 2 2 27 I0 2 I 1 ""-;'-':'"' ~: ....... +,A ..... :A._+:,u ......A ..... ~:,, .~,,, .,+ ~. ............... ~ .............~,, ............. requlre g U n .... ;+ Words stm;k thm~h are deleted, words underlined arc added. 29 !ijustr$~ion I Illus~ation 1 above is hereby deleted in its entirety. Words ~* ....,, .h .....u are deleted, words underlined are added. 30 e=. Co!c,'s.' T.h= baclcgrcu::d cf a ,,-:cd=l ,he,.-:= c:'gn may c. hh~,r matc, h Words struck thrcu-h are deleted, words underlined are added. 31 .~ PRINCIPAl COZOR OF MOZ~: . .... z. .. , ~, ,,, ..... I ~ . ~ AREA  ~ ~, F~ MOD~Z HOM~ Illuslralion 3 Iljustration 3 above is hereby deleted in its entirety. ~.',.~..-.,,-+;,-,. o;,'.,,~ .-.,-.~., k~ ,~.-.~,~.,,:,,A ,',.., ,,,,, ..... ;A,~.,+;~I __.,',__~..4-., 4:',.., .... 'k;,-,k ~.'.,A .... +~A P~,'.,,, ,,'~. ,',. .... +~.~+:,',. ..;,,-. ,',i.,~11 k~ I;,.~;+~,'1 +,-, +k,~. __~'.-.~ is ~'~; ......+_,,-+~A ,~.~+_,,-+;~., .: ....u.,u .,,+ K~ ill ..... e, .............................e ............... uminated in any ~n,__,:,~ nnA o1.,,',11 k~ l~,nt~A ;__ +"K~ C--..,',.fif ~,n~A __~n11~1 +~ +!,~ ~.A;.-,.~,+ of cccu"m~c" ;" granted. mum size.' Six s Rare ........... !tlr...:,..e;.... k,,ll k.,. ,~.--,,,J. ,.-,,~,,.-, ~,,,,.*,, ,-.,- Words ...... ~' *" .....u are deleted, words underlined are added. 32 Iljustrations 4 and 5 are hereby deleted in their entirety. Words ..... "~ "' .....u are deleted, words underlined are added. 33 ~ r~t .... xsm:+~ ~l ....... A t ~.~ ...... ~ sin-le 20 ................... ~ ................ ~ .... ~ ~ any ~ color; pavement cf Words ...... b ,u .....h are deleted, words underlined are added. 34 , ~ ,, ~ ~,,~ Illuslralioe b Iljustration 6 abo~c is hereby deleted in its entirety. may k, any cclor; 29 of Iogo(,s) wh:.ch ma' include, Words ......., ,h .....h arc deleted, words underlined arc added. 35 CONS T~RUO T~ON .S.CC~.,Vqv Illuslrifion 7 Iljustration 7 above is hereby deleted in its entirety. 2 2 27 10 2 2 3 2 Permitted 4~. No .... m. ...... A ......... a;;'::,ng ;;.gn ~.~m. ..... A en buildin ..... Words struck thrcu-h are deleted, words underlined are added. 36 ~ PmjeetLng signs which ,,'nay prejee: ever tony pedestr;.mn way ~ D~I~ ~; .... !,,,,11 ..... .;A .... ! ....... ',,,.,.;A+i~ ,,,C',,A,,;,,!, ~i'-n11 !'-- Words struck thrcugh are deleted, words underlined are added. 37 :%. Un~er. cmw, py "; .... ud~ k~ ;.~...~,~ ac aa to maintain a kr,.**~.',~ ,-,4:'t-k,~ o;,-,...,4 +1,,,~. ~;,4 .....lb 125 linear feet or greater cf "+'--+ c.._+ .......... ;**'~'~ a square C~, ' .... Of sign reference ._a naI_e ITlaxi:r~m ,,C ,c;, ,, + .... Shcpping near ,~, .~__:,,~a ,u .... : ....... ~:..~ ~:....~,, .~, exceed ~ 20 Words 3~ck *" ..... "are d~leted, words underlined are added. All legal structural which do not ccnfc~ tc the provisions set fc~h herein shall be considered --- h; k: ,.~.; .., ............................ , .......... a ~%' ~eas in +"- Marec Shares ....... f,~;A A;~+,;,, ..... ,, ,,,k .... ;A .... ; .... + ;~ _.,b~A ,_+;,=h, Words struck a, ..... "are deleted, words underlined are added. 39 Words ..... ~ '~ .....~ are deleted, words underlined are added. 40 ,',1,,,-,11 I~,....,,~A ,,,;,kS, ,k ..... k,,;i,J; .... I~,-.,,~-~A; ....... ,~ k,,;IA;n,~,-, ,,,;,1-,;, ,-, SUBSECTION 3.B: AMENDMENTS TO OFF-STREET PARKING AND LOADING Division 2.3, Off-Street Parking and Loading, of Ordinance 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 2.3. OFF-STREET PARKING AND LOADING See. 2.3.16. Off-street parking and stacking; required amounts. 2.3.16.1 Bicycle parking for non-residential developments. !. Provisions for the safe and secure parking of bicycles shall be furnished at a ratio of five percent of requirements for motor vehicles as set forth in Sec. 2.2.16. but not to exceed a r,~'.'.'c cf ! 0% ~c ,u ...... ;.~A .... ~-~ ef 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 stand-alone inverted-U design measuring a minimum of 36 inches high and 18 inches wide [of 1 ~ 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 base 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 ~ 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. 6r C..k..,+;,..,; .... -C .._ ,.-. -fi .........· ..~'......~.; .......:..~.J k.. ") '~ I ~ .... 11 ..... k!~ k ....... ;..-i;,,, ~.4.J;+;.-,,~1 i..;~.,-,1,:,..,~.b;_,-, ~_ ,-.. Words ...... ~ ,s, .....:' are deleted, words underlined are added. 41 N~[,~,, ,',~ +k,~ ,-,k;,~,-, ,~,-,~r~ All ~ T.~c str:p cf ~ .......g ............ construction r~. uses having .... :,;.. ;.+~.~;, ......+~. ,h ..... apace per · -,,~1,; ............ t ..... + r,--,-,h ;n o~+;~_ ') '2 A 11 SUBSECTION 3.C AMENDMENTS TO SIGNS Division 2.5, Signs, of Ordinance 91-102, as amended, the Collier County 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 asreal 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 rcsidentially used property and may be placed up to the property 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 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.) Words ~truck t~rc~:g~ are deleted, words underlined are added. 42 3. One gr-ouM 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 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 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 acres in size. (No building permit required.) 3. One ...... '~ 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. 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. Words ~tr'-'-~k *,~r~::"~ are deleted, words underlined are added. 43 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 within non-residential districts.' 2.5.5.2.1. Unified 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 for site development or site improvement plan approval shall be accompanied 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 resubmitted for approval to reflect style changes or changing tenant needs. Design elements which shall be addressed in both graphic and narrative form include: L~ colors; Cb.) construction materials and method; (c) architectural design; (d] illumination method; (e) copy style; LO sign type(s) and location(s); and, (g) in the case of multi-use buildings, and parcels with multiple structures on site, including Outparcels, the unified sign plan shall indicate conformance with the following: (!) 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); (2) 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 locationat reOuiremeq[ 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 ...s. igns 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 shall be provided around the base of any ground or pole sign, consistent with the provisions of division 2.5. of this code (see Iljustration 16 below). Words ......t..u .....u are deleted, words underlined are added. 44 C oHC,,EA L I,'XENT' OF' ,GdFla'DFL"I' 5TIZ-~C-TLIRE' 2.0 AI,,tC> |DO cYo oP -HE GIC-'~NI NtDTH PLANT AI~E~ -IDD~,~,, Iljustration 16 2.5.5.2.1.1. Outparcels. In addition to the above requirements, unified sign plans for outparcels, regardless of the size of the outparcel, shall be limited to the following: (.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(.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 sign plan, which shall be kept on file in the community development and environmental services division. Requests to permit a new sign, 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.-1-: 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.i~ 3. Real estate signs.' The following signs classified as real estate signs shall be permitted in non-residential districts subject to the following: Words ..... ~' "' .....~' are deleted, words underlined are added. 45 1. One ground or wall "For Sale," "For Rent," or similar sign with a maximum area offo~ 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 gr-eeR4 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 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. 2.5.5.2.34. 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 gr-euad pgle 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. (:NIzR-) (No building permit required). 5. All construction signs must be removed prior to the issuance of certificate of occupancy. Words ;try:ok thrcugh are deleted, words underlined are added. 46 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 Found 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 coruer 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 grouO..d signs 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 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 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; 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. Words struck thrc, ugh are deleted, words underlined are added. 47 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 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 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. .... or IF, ore itt d ..... ;,4~A nu er r--,, --, e, ........e, .........-- ....~- .....-. ........,,--. for a single --' Setbacks: 15 feet frcm an:, ...... ,,,;,u the Way, or easeF. ent, .......... lcec,*,cd within ,s,~ ,,,~A: .... presents "~ vi al ~'"* .... · ,,_, S~ Words ..... v a, .....~' are deleted, words underlined are added. 48 d-) The oxtent ~c .,, ,.A,,,,,;,,_ ;~ ,~.,~ _,;.; ..........' neceaa~ 2.5.5.2.~ 5.2.Wall, mansard canopy or awning signs. One wall, m~sard, c~opy or awning sign shall be petitted for each single-occup~cy p~cel, or for each establishment in a multiple-occup~cy parcel. ~ E~ ~its within -"~*;-~ ................. ~' shopping centers, or single occup~cy p~cels where there is double frontage on a public right-of-way, shall be allowed two signs, but such signs shall not th~ ccmbi=~d =~a on one wall In addition, outparcds within shopping centers may by allowed one additional sixty square foot wall siSn facing the shopping center if the additional sign is not oriented towards ~y public right- of-way. In no case shall the number of wall signs for an outp~ccl exceed two ~ign~, Retail businesses with a floor area of larger than 15,000 square feet and a front wall length of more than 200 linear fc~t, am allowed three wall signs; however, the combined area of those siSns shall not exceed the maximum allowable display area for signs by this code. l. The maximum allowable display 20 percent of the total square footaSc of the visual facade of the building to which the sign will be attached ~d shall not, in any cas~, exceed 250 squat feet in area for ~y sign. 2.5.5.2A.~ 5.3. Projecting signs. Projecting signs may be substituted for wall or mans~d signs provided that the display area squ~e feet of display l. Projecting signs shall not project more th~ fo~ feet from the building wall to which it is attached. 2. Projecting signs shall not extend above the roofiine of the building to which it is attached. 3. Projecting signs shall not project into the public fight-of-way. 4. Projecting siSns which project over ~y pedestrian way shall , elevated to a minimum height of eight feet above such pedestrian way. 2.5.5.2A .5 5.4. Under-canop~ signs. In addition to ~y other sign allowed by this code, one under-canopy sign shall be allowed for each cstablis~cnt in a shoppinS center. This siSn shall not exceed six squ~e feet in area ~d shall be minim~ of eight feet above finished Srade. Under c~opy siSns do not require a building petit ~lcss the sign is equipped with an electrical component. Words ...... ~- "- .....h are deleted, words underlined arc added. 49 ccntrcctc; tc an .~ 2.5.5.2.5.5. Signage for automobile se~ice stations: The following are the only signs periled in automobile se~ices stations ~d convenience stores with gas pumps. Window signs may only show the building address~ hours of operation~ emergency telephone numbers~ and acceptable credit cards. An illuminated co~orate 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 ~ighting is prohibited on canopy structures. Pole signs are prohibited~ however~ one (1) ground sign shall be petitted 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 petitted area 70 square feet. Illuminated signage~ logos~ adve~ising and info~ation ~e prohibited above gas pumps. 2.5.5.2.4.7. 5.6. Signs within planned unit developments (PUDs). P~su~t to the p~ose and intent of this division, creative, flexible ~d unifo~ comprehensive sign pl~s providing for size, location, type, ~d common architectural design stand~ds, ~e encouraged within all PUD zoning districts, and specifically required for PUDs containing in a commercial component. Sign classes and sizes for pinned unit developments should be the s~e as the stand~ds fo~d within this code for the zoning district the development most closely resembles, unless such pl~ed unit developments have comprehensive sign st~d~ds contained in the PUD document. 2.5.5.27,.~. 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, 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 Words struck thrc~gh are deleted, words underlined are added. 50 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 finished 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 5 foot setback from 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 this section and other relevant parts of this code. 2.5.5.2.4:0~. 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. Words ......~ ,u ....."are deleted, words underlined are added. 51 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?,.9.2. 5.8.2. Grand opening signs. An occupant may display an on-site grand opening sign not exceeding 32 square feet cn ....... c~,~, ,,,o~,~ 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.~,.9.3.5.8.3. 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. 2.5.5.27,.10. 5.9. Specialpurpose 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: 2.5.5.27..I0.!. Thcatcr s:gns ~ ......./ ..................... 2.5.5.2?,. I0.3.5.9· 1. Time and temperature signs. One time and temperature sign having a surface area not exceeding 48 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. ~.. ! ~. ~.. 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 development, 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 ~ require. a building permit. For signage to be located along the Golden Gate Parkway, see division 2.2, sections 2.2.21.1 and 2.2.21.6.2 and the Golden Gate Master Plan. Logos on all directional signs shall not exceed 20 percent of the sign area. 2.5.5.27, . ! !. 5.11. On-premise signs within agricultural districts. 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: 2.5.5.27,.I I.I. 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 Words .....~, ~u .....~ are deleted, words underlined are added. 52 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 any property lines, public or private right-of-way or easement. 2.5.5.2.A,.I!.2. 5.11.2. Seasonal farm signs (on-site). One temporary pole or ground sign identifying 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 parts of the county. Such signs shall be permitted for a period not to exceed 30 days and may be issued only twice in any calendar year. Such signs shall require a building permit. 2.5.5.2.~,.I 1.9.5.11.3. U-Pic signs. One U-Pic sign located at the entrance ~on each street frontage. The maximum allowable sign area for each U-Pie 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. 2.5.5.2.4A-h4:. 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.~,.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 requirements ~ 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 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. Words struck oh ..... h are deleted, words underlined are added. 53 5. The sign shall only be located within 1,000 feet of the intersection of the arterial roadway serving 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. 2.5.5.2.4.12.5.13. 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; nor be reflective or phosphorescent; have a steady nonfluctuating 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 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 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 pr~f-~ssiona] profession or specialty and/or the street address of the premise. 2.5.6.4. Memorial ptaga~ plaques, 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 iv:e, three 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 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. Words ztr::ck t.u. rougk are deleted, words underlined are added. 54 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. lid 2.5.6.12. Hc ay; seaserial, cr ccmm,~mcra re, dis.,!=,eA,. c .....;hA ~,r ....,~,.. ,:n A .... ij J ,va ,~ IJ...,~,L,.J,.., v, ,,xvJLV ~.,~,v.$A vv ,.,v.J ,~. 2.5.6.44 12. Window merchandise displays which arc changed on a regular basis, meaning no less frequently than every 30 days. 2.5.5.44 13. Window signs not exceeding 25 percent oft41e-~ each window area. 2.5.5.44 14. 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. 2.5.5.4-6 I_A~. Flags, or insignias of governmental, religious, charitable, fraternal or other nonprofit organizations when displayed on property 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 finishcA grade or extend more than ten feet from any building they arc 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 bc sealed by a Florida registered engineer as described in section 2.5.5.2.3.8. 2.5.5.44 1__5. 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. · .,:d;,-.; ....;.,,,+;,,,,;,-..-,.. Ih,-.,.:.A .-,_ +k~ pre, m;.s he o,,;A ;.,,,;,,,,: .....A not 2.5.6.4-9 17. Religious displays that do not constitute advertising. 2. 5 .6.~-0 1A. Painting, repainting or cleaning of an advertising structure, or changes which are determined to be less than a substantial improvement. 2.5.6.-2-1-19. Copy changes for shopping center, theaters, billboards or marquees that have routine changes of copy, or are specifically designed for changes of copy. 2.5.6.~ 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.~ 21. Temporary signs in conjunction with an approved temporary use permit. See. 2.5.7. Prohibited signs. It shall be unlawful to erect, cause to be erected, maintain or cause to be maintained, any sign not expressly authorized by, or exempted from this code. The following signs are expressly prohibited: Words z*.."u=k through are deleted, words underlined are added. 55 2.5.7.1. Signs which are in violation of the building code or electdeal code adopted by Collier County. 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 gelectronic reader boards ~h,,, 2.5.7.5. Rotating signs or displays. 2.5.7.6. Illuminated signs in any 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 ordinance, or as otherwise provided for within the zoning ordinance, shall be allowed the use of illuminated signs, subject to the approval of the community services administrator or his designee. 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 ~ 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. Words struck '~' .....h are deleted, words underlined are added. 56 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 scientific value. 2.5.7.18. Any sign which: 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 has 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 firefighting 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, 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-Pie signs, political signs or signs approved by temporary permit pursuant to the time limitations set forth herein. 2.5.7.28. Inflatable signs. ligh 2.5.7.29. Accent ting as defined in this code, SUBSECTION 3.D: AMENDMENTS TO SUPPLEMENTAL REGULATIONS DIVISION Division 2.6., Supplemental District Regulations, of Ordinance 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: Words atp--'ck thrc,'--'"h are deleted, words underlined are added. 57 DIVISION 2.6. SUPPLEMENTAL DISTRICT REGULATIONS 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 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. Comices, 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. 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. 2.6.4.1.10. 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 by an site development plan amendment or a site improvement plan approval. Sec. 2.6.10. Locational restrictions for .... : ....ha., -..,o,,.,:,,,,,:.,. businesses servina alcoholic beverages. 2.6.10.1. Sale of alcoholic beverages. The site ~eve!eFment review 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 library, 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 any existing establishment whose primary function is the sale of alcoholic beverages for consumption on-premises. Words .....t~ ,h .....u are deleted, words underlined are added. 58 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 devetopme~ ~ services director'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 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 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 de~ planning services director may grant one extension for up to six months. 2.6.10.3. [Waiver of distance requirement.] The board of zoning appeals 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 board of zoning appeals 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 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 library, 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-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. Words struck thr~ug.h. are deleted, words underlined are added. 59 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. ~ Prior to consideration of such waiver by the board of zoning -- appeals, the applicant shall provide to the ~ planning seaices director a ~itten application for waiver of the dist~ce limitation on an application fore supplied by the ~ pl~ing seaices director, including a legal description of all applicable structures with a su~ey or boundary sketch to scale, and such other info~ation which the applicant can supply which would assist the board of zoning appeals in its evaluation pursuit to the factors set foflh above. Upon receipt of the applicant's application and the applicable application fee established by the board of county commissioners, a public he~ing date shall be scheduled before the bo~d of zoning appeals for a detemination on the proposed waiver. The applic~t shall noti~, by ce~i~ed mail, the o~ers or representatives of the subject school, child c~e center, public libra, ch~ch, public p~k or public playground, of the application at least 15 days prior to the public he~ing; ~d evidence of such notification shall be supplied to the ~ pinning services director. 2.6.10.4. ~Exemptions pore distance requirement.] The following uses shall be exempted from the distance limitations requirements of section 2.6.10.1.2 but hall .... ~ ..... ;,. ~n ~,u ....... : ..... .~ ~c ,u: .... ,: ~. 2.6. ] 0.4.1. Any restaurant deriving at least 5 ] percent of its gross revenue ~om the sale of food ~d nonalcoholic beverages. 2.6. ] 0.4.2. Any motel and/or hotel with 100 or more guestrooms. 2.6.]0.4.3. Any private club, golf club, countq club, civic or ~atemal club may sere alcoholic beverages for consumption on-premises when such semite is incidental to the main use and for the exclusive use of the members, tenants ~or guests of the facility. 2.6. ] 0.5. ~tatement of gross receipts.] Any o~er or operator of ~ establis~ent approved under this section to sell ~y alcoholic beverages for consumptio~ on-premises shah upon ~itten dem~d of the ~ p]~nin~ seaices 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. See. 2.6. ] 1. Fences. 2.6. ] 1. ]. Fences in residential districts. Fences or walls shall be allowed in all zoning districts subject to the restrictions set fo~h in section[s] 2.6. ] ] .2--2.6. ] 1 ~5. _ 2.6.11.2. Residential districts. For the p~oses of this section, residential dis~icts shall include: RSF residential single-fmily; ~F-6, RMF-12, and ~F-16 residential multiple-fmily; RT residential tourist; VR village residential; MH mobile home; TTRVC travel ~ailer-recreational vehicle p~k cropground; ~d residential increments of PUD residential pl~ed unit development ' districts. Fences ~d walls placed within required y~ds shall be subject to the following: 2.6.11.2.1. Fences ...... ,~ _~.~ ...:,~; ...... ;.~ ....~ ~u.n ~ :;~:,~ t~ six ;~* in Fences or walls on all lots greater than one acre in area may reach a maximum height of 6 feet. Words .....~, ,h .....h are deleted, words underlined are added. 60 2 6 1 I 2 2 C' ........... lh, ~!,.-,,,,,~,,,! ,,,.;+'i,.,:~ +!,, ...... .;,-~,,4 acre c,: less in a;.ze ~un. t.~ limited tc ~' ....e..~. in he:.-ht. For non-waterfront interior lots one acre o.r less in area, fences or walls may 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. Barbed wire, razcr wire, .,v ..... v,,, .....v --,-a ...., .............., ....e,-,-. ,c ...... hnll k .... k;K;.,=A ..... · ,h.-, .k,,. i,.,,,,.A ,,f .,,_; ....... ! ..... a!.ICW the ~c h~..~,~ ire ...... -a ...................................t, ...............a oF-simihr-as~. 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 walls 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 by definition have only front yards and side yards, any portion of a front yard fence within the safe sight triangle described in section 3.2.8.3.22 of this code is restricted to 3 feet in height. (Two sides of this triangle extend 30 feet along the property lines from the point where the right-of-way lines meet, and the third side is a line connecting the other two.) 2.6.11.2.5. Barbed wi.re, razor wire, spire tips, sharp objects, or electrically charged fences shall be prohibited, except that the board of zoning appeals may allow the use of barbed wire in conjunction with chainlink fencing for facilities where a security hazard may exist, such as a utility substation, sewage treatment plant, or similar use. 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 construction requirements ..... , ,h,,. ,,~,..;,,,,u .... , ...... ': property i,=,-,,, .1.,,-_, g ........ ;., .-.: .... A I,,,,.-~faA ..................................................... ~ ...... areas an 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 Code, shall be considered an accessory use or structure. Boathouses shall be required to be 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 through the procedures and criteria of SectiOn 2.6.21.3 and 2.6.21.4. of this code. t~ ....., ....e ,u~ ~._,u · -,=,,;A,~..,;.ll ...... ,I ..... ...,1 .... ,-i,=,c;.~,l : .... t;~__ ') 1 1 I ,.,,e ,h;.', ~,-,,1,~ .-,k~ll Words ......b threu'-h are deleted, words underlined are added. 61 Sec. 2.6.28. Automobile Service Stations. Signage: As required by Division 2.5, Signage ~ .A .... , l;rr~f;n,-...,,1 karl, I;..k+;_.-,~ ,; D~I~ .,;__.-.o ,'..~ ....'.k;k;+..,4 A .:...'.1~ .'. .... .,4 .;.-.. .'.k. II in he;."~: .......... .4 r..~..,,s.~: ......· .,,~,,.,,4; .....A,~ ,,c l~ndsca"ed lll.....~;..,.+.=,A .',;__.,',.,-'~ 1,',,-,~,-, ,,A,,,:,,.-t-;.-,;..,,. ,,..A ;.-.g',,..~.+;,',__ ,,...,, (;:2;__.n.~ ;A,..+;C-.,;..,,,-, ,,:,. ,.,,-.+,.,. ,".',~A .,,'.,,,,,,.'__ ....,,,..~*..o .',k,,ll Sec. 2.6.33. Temporary use permits. 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. ,,. ,,,4; ...., A ....I .....+ ....,4"" +~' ..... , 2__. Temporary_ administrative offices to be used in conjunction with a bona fide agricultural use in the agricultural zoning district when located in the area designated agricultural on the future land use map of the future ]and 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. Words ......"' +"' .....~' are deleted, words underlined arc added. 62 4. On-site mobile home used as a temporary office or storage facility for persons engaged in the development of the site. 5. On-site mobile radio and television equipment and antennae. 6. On-site mobile home for the use of a watchman or caretaker only. 7. On-site temporary use of structures and equipment for the building of roads, public utilities, and government projects. 8. 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. 9. Other on-site uses similar to the foregoing uses and determined to meet the intent of section 2.6.33.2. al:F ca ca meet:rig. I': .......... v. vj ...... ~t ...... ~ r ....... ~ v ................ , r,r,al;,',.,; ....... k.-l;,,;,.;,,,., ,,I,,, ,-k,-,ll k .... k~l,,.,..4 ,,,,A ........ A 1,, ~,,1,-1;+;,-.,, ,.., ~;trLIC, tllreS .... ;**o.,I ,,,1,1.,; .... ,;,.,,, "') ~ "]"] "] ..... 1,..~. +h .... k~;~,,-,;~, ~.'~ ...... Proposed temporary structures identified above require the submission of a conceptual site plan which addresses the 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 part of a rural subdivision, by the issuance of a temporary use permitl 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, contractors, 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 Words struck *~' .....~ are deleted, words underlined are added. 63 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 by a 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 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. 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. of this code. 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 re U re: .................rr .......a r ............, ............ ......... ' '~ '~:":":~" 3.2 1) administrative approval of a plat and constructipn plans showing all reqqired infrastructure for the lot(s) on which the model home or model sales center i.s 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 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. Words ~tmc~c thr~ug.h. are deleted, words underlined are added. 64 (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 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 codei 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 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. of this code. Unoccupied (dry) 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_. Temporary 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 u.se permits for unoccupied model homes following 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). Words -' .... ............. t,.. are deleted, words underlined are added. 65 The character or make, u" ~ ng ccmm aalc~ may im~c~ .................. USe F Sec. 2.6.35. Towers 2.6.35.6.6. With the exception of tooflop towers and towers on essential sc~ices- condk~cnal u~ sites, each new communication tower shall meet the following separation requirements: ..... r~s~tiv~ PUD. L 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-1 through RSF-6, aqd RMF-6 zoning districts including planned unit developments (PUDs) where ~e adjacent use(s) is/are~ or comp~able to, RSF-I through RSF-6 ~d RMF-6 ~ning districts. If a pm of a PUD is not developed ad it is inconclusive whether the pa of a PUD ~ea within such minimum sep~ation distance ~om the proposed tower site may be devdoped with a density oE six units per acre or less, it shall be presumed that the PUD ~ea nearest 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 height of seventy-five (75) feet excluding arenas, shall be Sepiated from all boundslos s~o~ding prope~y zoned ~F-12, ~F-16, TTRVC, H, and the residential ~eas of PUDs with existing or pla~ed densities greater th~ six units per acre by not less tha the Words :~ruck ~rou~h are deleted, words underlined are added. 66 total height of the tower including its antennae; and from all other surrounding property boundaries by a distance not less than one-half the height of the tower and its antennae, or the tower's certified .collapse area, whichever distance is greater. 3_:. Upon written application for exception(s) by the tower permit ._ applicant, citing to specific provisions(s) of controlling law, staff shall, in writing, grant one or more specifically articulated exceptions to these separation requirements, but only to the extent, in .the opinion of the county attorney, 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 ADMINISTRATION AND PROCEDURES DIVISION Division 2.7., Zoning Administration and Procedures, of Ordinance 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 2.7. ZONING ADMINISTRATION AND PROCEDURES Sec. 2.7.4. Conditional use procedures 2.7.4.5.1. Any conditional use shall expire on~ 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 the specific uses approved by a conditional use and which cannot be converted 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 oft-hr-~ one one-year extension of an approved conditional use upon written request of the petitioner. Each SUBSECTION 3.F: 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 County Land Development Code, is hereby amended to read as follows: DIVISION 2.8. ARCHITECTURAL AND SITE DESIGN STANDARDS AND GUIDELINES FOR COMMERCIAL BUILDINGS AND PROJECTS. t 2.8.36. Signage. 2.8.3.6.2.1. cdo" n ........ v r ..........e, .....r'-v ........... e,.-' Words =*.r~:cl: thr~'.:'gh are deleted, words underlined are added. 67 - i% .'~" " ~ ~ i ~i  ZO A~D I~O ~D OF I I t THE GICnN ~ . ili~tration 1~ Iljustration 16 above is hereby deleted in its entirety Words ...... ., ,h .....~' are deleted, words underlined arc added. 68 *~ ~;'*:"' p~':"~ ia .... :amain in -' .... k ............ ~,+ ...........+. SUBSECTION 3.G:AMENDMENTS TO SUBDIVISIONS DIVISION Division 3.2., Subdivisions, of Ordinance 91-102, as mended, the Collier County Land Development Code, is hereby mended to read as follows: DIVISION 3.2 SUBDIVISIONS 3.2.8.3. Required improvements. 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, arterials and railroad rights-of-way, except where such expressway, arterial, or railroad right-of-way abuts a golf course. (b) To separate commercial, community use, industrial and public use developments from residential developments. (c) To separate subdivisions of residential property that do not result in the submittal of a site development plan pursuant to the provisions of division 3.3 from other residential properties. Separation shall be created with a landscape buffer strip which is designed and constructed in compliance with the provisions of division 2.4. ....... + ,_..4 ~k.II .~+ k~. I~.+~A ..,;+1.,:_ ~.., .,.,,k:,-. .-.. .~,1,,,+~ .;~k+ ~e ...... ,~+~.~;.~.,4 ......... + +~ +~ ...... ;.; .... c ,4;.,;.;~. -~ A Buffers adjacent to protected/preserve areas shall conform to the requirements established by the agency requiring such buffer. 3.2.8.3.17. Sidewalks, bike lanes and bike paths. c,,l: ....: ....:*~':"' The developer shall be required to construct sidewalks or Words ...... ~ ,:- ..... ............. e,- are deleted, words underlined are added. 69 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. conformante with the following criteria unless otherwise 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 six 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: (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 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. 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. Altemative 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 Environmental Services 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 tM_esign 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 t}_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 t;}d_esign that matches reduced speed streets and culs-de- sacs. ' g. A t}design that matches the expected amount of utilization by joggers, walkers and cyclists. h. A tl}design that matches the character of the development, i.e., golf course/country club community, affordable housing, private gated communities, etc. i. Criteria pursuant to the provisions of section 3.2.7.2. Words s:rucl: *~' ..... h are deleted, words underlined are added. 70 bikewa~ ........ Developments that provide an internal bikepath 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 C~_ounty's -T-_transportation 8services Ddivision director if the alternative system functionally operates equal to the standards of the county's bikeway system, interconnects 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, bkt~--lat~s-or bikepaths, and bike lanes, Where required. Bikepaths, bike lanes and sidewalks shall be constructed concurrently with the roadway interconnection. 8_:. Where planned right-of-way improvements scheduled in the capi.tal improvements program (CIP) would cause the removal of any sidewalks/bikepaths or bike lanes required by this code within two fiscal years following the fiscal year in which the first building permit for the project is issued, the developer, i.n lieu 0f construction of the required sidewalks/bikepaths and bike lanes, shall provide funds for the cost of sidewalk/bikepath and bike lane construction into a fund approved by the transportation services. director, Or his designee, for future construction of required sidewalks/bikepaths and bike lanes, by the county. 3.2.8.4.14. Sidewalks and bikepaths. 5_:. Where an exemption to the subdivision regulations has been granted permitting a sidewalk/bikepath to be developed on one side of the street, and the sidewalk/bikepath cannot be made continuous on the same side of a street for the length Of the street, the sidewalk may be allowed to continue on the other side of the street, provided a paved sidewalk/bikepath connection with curb cuts is constructed from the end of the sidewalk/bikepath to the street, on b..0th sides of the street, consistent with the design criteria described in Section 3.2.8.4.14. and division 2.8. of this code. SUBSECTION 3.H: AMENDMENTS TO SITE DEVELOPMENT PLANS DIVISION Division 3.3., Site Development Plans, of Ordinance 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 3.3. SITE DEVELOPMENT PLANS 3.3.7.1.9. Inpastructure improvement plans. ' 12: Sidewalks, bike lan.es a~n~d bikepaths. For all proiects required to be developed through 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 otherwise exempted from the subdivision regulations of this code. Sidewalks or bikepaths, and bike lanes shall be constructed c0.n. tiguous to public and private roadways which are adjacent to and internal to the site, in conformance with the following criteria: Words ......v *~ .....u arc deleted, words underlined arc added. 71 a_. Sidewalks, six feet in width, or bikepaths seven fe~t in width shall be provided on both sides of collector and arlerial streets. b_. Sidewalks, or bike paths, five feet in .Width, shall be provided on both sides of local streets except as follows: (1)~ 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 ~treet 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}. d_. 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. e_. Altemative designs for sidewalks, bike lanes, and bikepaths 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: (1).. A design that reflects the land use density and intensity of the development along the street or cul-de-sac. (2). 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 so~ening or additional hardscape, additional so~ening of unnatural linear concrete strips, or similar features. (5). 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. {7}. A design that reflects the expected amount of utilization by joggers, walkers and cyclists. (8}. A design that reflects the character of the development, i.e., golf course/country club community, affordable housing, private gated communities. , (9) 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 bicycle paths or bike lanes may be exempt from the sidewalk/bikepath requirement. The county's transportation services division administrator may grant such an exemption if the alternative System functionally operates equal to the standards of the county Words atruck +h ..... u are deleted, words underlined are added. 72 bikeway system, interconnects with the existing or proposed county bikeway system and will be perpetually open to the public. Developments providing interconnections to existing and future developments pursuant to the density rating System section of the Collier County growth management. plan 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. Bikepaths, bike lanes and sidewalks shall be constructed concurrently with the roadway interconnection. h_. Where planned right-of-way improvements scheduled in the county's capital improvements program (CIP) would cause the removal of any sidewalks/bikepaths 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/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 by the transportation services director, or his designee, for future construction of required sidewalks/bikepaths and bike lanes, by the county. SUBSECTION 3.I: 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 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 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, facsimile transmission, or telephone call with a follow-up letter or facsimile transmission is provided by the blasting permit applicant to the county identifying a revised blasting metho. dology 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 when measured at a distance of 5280 feet from the blast shall not exceed 129 decibels when measured by an instrument having a flat frequency response over a range of at least 6 to 200 hertz. If the airblast is measured with an instrument having a flat frequency measure over a range of at least 2 to 200 hertz, the corresponding limit is 133 decibeis. Words ...... ~ *~- .....~ are deleted, words underlined are added. 73 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 fe.et of overburden shall remain in place prior to blasting. All blast holes within 1000 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 surface. All surface detonators shall be covered or buried. All charges shall be at (originally placed) pro~r depth prior to the detonation of multiple blasts. SUBSECTION 3.J: AMENDMENTS TO VEGETATION, REMOVAL AND PRESERVATION DIVISION Division 3.9., Vegetation, Removal and Preservation, of Ordinance 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 3.9. VEGETATION, REMOVAL AND PRESERVATION See. 3.9.5. Vegetation removal, protection and preservation standards. 3.9.5.2.9 Removal of vegetation for approved mitigation bank sites (as defined by the Florida Administrative Code); state or federally endorsed environmental preservation, enhancement or restoration projects; 9r State of Florida, division 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:AMENDMENTS 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 e~uipment. earth moving machinery_, lawn equipment, or u...tility trailers, or devices used for the transportation of equipment, materials or merchandise. (8oo-soofioa 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 ana 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 oh. 106, art. II]. Words ..... t, oh .....u are deleted, words underlined are added. 74 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 any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE The provisions of this Ordinance shall become and be made a part of the Land Development Code of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered 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 Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this .L~J~J~ day o~__., 1999. BOARD COUN Y ISSIC RS COLLID COLINp~~~~ . ~""/-".~'..'..~'..."'~~"'.T~A~.~,f~~ n Y:PAMELA S. MAC'KIE, CHAIRWOMAN . .,. ...., ..... ,.,. ~ , . . ry o te's ~f';i.-.~. MAiU'(iilbdEM.'STUD~ T. '.' ASSISTANT COUNTY ATTORNEY LDC ORD CYCLE I - 1999/md Words :..*r.:~.k ,h .....h ...... ~,.. are deleted, words underlined are added. 75 STATE OF FLORIDA) ~_'r ~ COUNTY OF COLLIER) ~ I, DWIGHT E. BROCK, Clerk of Courts in and for the T~i~h Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 99-46 Which was adopted by the Board of County Commissioners on the 16th day of June, 1999, during Special Session. WITNESS my hand and 'the official seal of the Board of County Commissioners of Collier County, Florida, this 21st day of June, 1999.