Ordinance 97-83 Ei" ' ' ': ORDINANCE NO. 97-..s3 .
RECEIVED c..
Cl~,rk AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS
of 8osrd ,jLMENDED, THE COLLieR COUNTY ~AND B~O~NT
R~GULATIONS FOR T!!~ UNINCORPORAT~ AR~& OF
COUNTY, FI,ORIDA, BY PROVIDING FOR: S~iO~
R~CITALS: 5~ION TWO, FINDINGS OF FA~: 5~iON
T!JR~, ADO~TION OF AMeNDMeNTS TO TB~
FOI.LO~VING: ARTICLE i, GENERAL PROVISIONS, DIVISIO~I.6.
INTERPRETATIONS; ARTICLE 2, ZONING, DIVISION 2.2. ZO~G
DISTRICTS, PERMI~ED USES, CONDITIONAL Ui,
DIMENSIONAL STANDARDS, DIVISION 2.4. LANDSCAPING AND
BUFFERING, DIVISION 2.5. SIGNS; ARTICLE 3, DIVISION 3.2.
SUBDIVISIONS, DIVISION 3.4. EXPLOSIVES; ARTICLE 6, DIVISION
6.3. DEFINITIONS, INCLUDING, BUT NOT LIMITED TO Tile
DEFINITIONS OF ANTIQUE STORES, PAWN S!tOPS, USED
MERCt!ANDISE STORES, ROOF SIGN, WALL SIGN AND
DIRECTORY SIGN; APPENDIX D, AIRPORT ZONING, BY
REPLACING ZONING MAP B., MARCO ISLAND AIRPORT, ZONING
MAP C., EVERGLAU~S AIRPORT, ZONING MAP D., IMMO~LEE
AIRPORT; SECTION FOU~ CONFLICT AND SEVE~BILi~;
SECTION FIVE, INCLUSION IN THE LAND DEVELOPMENT CODE;
AND SECTION SIX, EFFE~iVE DATE.
WHEREAS, on October 30, 1991, the Collier County Board of County Commissione~ adopted
Ordinance No. 91-102, the Collier County Land Development Code (he~inafier LDC) , which h~ been
subsequently amended; and
~EREAS, the LDC may not be amend~ more than two times in each calendar year pu~uant to
Section !.19.1., LDC; and
~EREAS, this is the second am~dm~t to the LDC, ~in~ce 91-102, in this calendar ye~; ~d
~EREAS, on March 18, 1997, the Bo~d of County Commission~ adopt~ Resolution 97-177
establishing local requirements and procedures for amending the LDC; and
WHEREAS, all requirements of Resolution 97-177 have be~ met; and
~EREAS, the Board of County Commissione~, in a manner pre~Hbed by law, did hold
advertised public hearings on December 2, 1997 and December 17, 1997, and did take action conc~ing
these amendments to the LDC; ~d
~E~AS, all applicable substantive ~d p~cedu~i requirements of the law have be~ met.
NOW, THE~FORE BE IT O~A~D by the Board of County Commission~ of Collier Count,
Florida, that:
SECTION ONE: ~CIT~S
~e foregoing recitals are ~e ~d co~t ~d inco~ont~ by refernee h~ein u if ~lly set fo~.
SE~ION TWO: ~NDINGS OF FA~
Words c,'.r--':h :~::::;.s: are deleted, words underlined are added.
Page I
The Board of County Commissioners of Collier County, Florida, hereby makes the following findings
o f fact:
1. Collier County, pursuant to Sec. 163.3161, et ,~,a., Fla. Star., the Florida Local Government
Comprehensive Planning and Land Development Regulations Act (hereina~er 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.
Star., mandates that Collier County adopt land development regulations that are consistent with and
implement the adopted comprehensive plan.
3. Sec. 163.3201, Fla. Star., provides that it is the intent of the Act that the adoption and
enforcement by Collier County of land development regulations for the total unincorporated area shall be
based on; be related to, and be a means of implementation for, the adopted Comprehensive Plan as required
by the Act.
4. Sec. 163.3194(1)(b), Fla. Star., requires that all land development regulations enacted or
amended by Collier County be consistent with the adopted Comprehensive Plan, or clement 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 mended so as to be consistent.
5. Sec. 163.3202(3), Fla. Slat., 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
(heroinafter the "Growth Management Plan" or "GMP") as its Comprehensive Plan pursuant to the
requirements of Sec. 1634.3161 ct teal. Fla. Star., and Rule 9J-5, F.A.C.
7. Sec. 163.3194(I)(a), Fla. Slat., mandates that after a Comprehensive Plan, or clement 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 clement or portion thereof shall be consistent with such Comprehensive Plan or
clement or portion thereof.
8. Pursuant to Sec. 163.3194(3)(a), Fla. Slat., 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)C0). Fla. Stat., requires that a development approved or undertaken by a
local govcmment shall be consistent with the Comprehensive Plan if the land uses, densities or intensities,
Ocapacity 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.
Words :..'r-:b. '--L':::F,~ are deleted, words underlined are added.
Page 2
12/15/97
I0. 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.
I i. 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 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 !and 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 INTERPRETATIONS DIVISION
Division 1.6. Interpretations, of Ordinance 91-102, as amended, the Collier County
Land Development Code, is hereby amended to read as follows:
DIVISION 1.6. INTERPRETATIONS
See. 1.6.1. Authority.
The planning services director shall have the authority to make all interpretations of the text of
this code, the boundaries ofzoning districts on the official zoning atlas, and to make all
interpretations of the text of the growth management plan and the boundaries of land use
districts on the future land use map.
The chief building official shall have the authority to make all interpretations of the text of this
code on matters related to the building code, building permit requirements, building
construction administrative code or building permits.
In eases where interpretations of both the building official and planing services director are
requested jointly, any conflict shall be resolved by the community development and
environmental services administrator.
See. 1.6.2. Initiation
Words :.:.::k '..~::::;k ar~ deleted, words underlined are ~ddcd.
Page 3
12/15/97
An interpretation may be requested by any affected person, resident, developer, land owner,
government agency or department, or any person having a contractual interest in land in Collier
County.
Sec, 1,6.3, Procedures.
!.6.3.1 Submission of request for interpretation. Before an interpretation shall be
provided by the planning services director, or chief building official, whichever
is applicable, a request for interpretation shall be submitted to the planning
services director or chief building official, whichever is applicable, in a form
established by him. A fee for the request and processing of the request shall be
established at a rate set by the board of county commissioners from time to time
and shall be charged to and paid by the applicant.
1.6.3.2. Determination of completeness. After a request for interpretation has been
received, the planning services director or chief building official whichever is
applicable, shall determine whether the request is complete. If the planning
services director or chief or building official, whichever is applicable,
determines that the request is not complete, he shall serve a written notice on the
applicant specifying the deficiencies. The planning services director or chief
building official, whichever is applicable, shall take no further action on the
request for interpretation until the deficiencies are remedied.
1.6.3.2. I. Notification of affected property owner. Where a site specific interpretation has
been requested by a party other than the affected property owner, Collier
County shall notify the property owner that an interpretation has been requested
concc, rning their property.
1.6.3.3. Rendering of interpretation. After the request for interpretation has been
determined complete, the planning services director or chief building official,
whichever is applicable, shall review and evaluate the request in light of the
growlh management plan, the future land use map, the code and/or the official
zoning atlas, and building code related matters, whichever is applicable, and
render an interpretation. The planning services director and the chief building
official may consult with the county attorney and other county departments
before rendering an interpretation. Prior to the release to the applicant of any
interpretation, the interpretation shall be reviewed by the county attorney for
legal form and sufficiency. Interpretations made pursuant to this section shall be
rendered within 45 days of issuance of a determination of completeness made
pursuant to section 1.6.3.2.
Sec. 1.6.4. Form.
The interpretation shall be in writing and shall be sent to the applicant by certified mail return
receipt requested.
See, 1,6,5, Official record,
The community development and environmental services adminigrator shall maintain an
official record of all interpretations rendered by either the planning services director or chief
building official, which shall be available for public inspection during normal business hours.
i .6.5.1. H~fic, c. c,f~n*,,-'r~rr~*.at:-~n Notice qfinte.rpretation.. The community development
and enviwnmental services administrator shall provide public notification upon
the issuance of an interpretation. For general interpretations of the building
code. Growth Management Plan or Land Development Code, notice of the, C.c,~:
Words :=-',:':k -'-~--'~'-'~h arc deleted, words ~ arc added.
Page 4
12/15/97
inlcrprctation and appeal time-frame shall be advcriised in a newspaper of
general circulation in the County. For interpretations affccting a specific parccl
of land, notice of Ihc intcrprclalion and appeal lime-frame shall bc advcrtised in
a ncwspapcr ofgcncral circulation, and mail noticc oflhc intcrprctation shall be
scnl Io all property owncrs within 300 fcct of lhc propcRy lines ofthc land for
which the interpretation is cffcctivc.
1.6.5.2, E.(fective time lintits o/an i, ter_nretation. An interpretation rendered by th~
planning services director or Ihe building official. as the case may be. shall
remain in effect until the appropriate code section is amended to clarify Ih~;
applicable provision or provisions which warranted the interpretation. or until
such time as the intergretation is adopted. modified. or rejected as a result of at.
appeal to the board of zoning appeals and/or the building board of adjustment.~
and appeals. by the applicant or other individual or entity identified in sec.
1.6.2. of this code. From the time the interpretation is rendered and the time
appropriate code section is amended. or in the case of an appeal. until such tim,;
as the board of zoning appeals and/or the building board of adjustments anti
appeals has rendered its finding. no further request for interpretation regarding
the same issue shall be permitted,
Sec. 1.6.6. Appeal to board of zoning appeals or building board of adjustments and appeals.
Within 30 days aftcr receipt by ,'.:,: applicant or affectcd property owner of a written
interpretation sent by certified mail return receipt requested by the planning serviccs director or
chief building official, or within 30 days of publication of public notice of interpretation. the
applicant. affected property owner. or aggrieved or adversely affected party may appeal the
interpretation to the building board of adjustments and appeals for matters relating to building
and technical codes ~s shown in division I. 18 or to the board of zoning appeals for all other
matters in this code. For the purp. oses of this section. an affected properly owner is defined
an owner of properw located within 300 feet of the property lines of the land for which !h~I
interpretation is effective. An aggrieved or affected party is defined as any person or group of
persons which will suffer an adverse effect to an interest protected or furthered by the Collie,
County Growth Management Plan. Land Development Code. or building corers). The alleged
adverse interest may be shared in common with other members of the community at large.
shall exceed in degree the general interest in community good shared by all persons.
A request for appeal shall be filed in writing. Such request shall state the basis for the appeal
and shall include any pertinent information. exhibits and other backup information in suppo, l
of the appeal. A fee for the application and processing of an appeal shall be established at a
rate set by the board ofcounty commissioners from time to time and shall be charged to and
paid by the applicant. The board of zoning appeals or the building board of adjustments and
appeals, whichever is applicable, shall hold an advertised public heating on the appeal and
shall consider the interpretation of the planning services director or chief building official,
whichever is applicable, and public testimony in light of the growth management plan, the
future land use map, the code or the official zoning atlas, or building code related matters,
whichever is applicable. The board of zoning appeals or the building board of adjustments and
appeals, whichever is applicable, shall adopt the planning services director's or chief building
officiars interpretation, whichever is applicable, with or without modifications or conditions,
or reject his interpretation. The board of zoning appeals or the building board of adjustments
and appeals, whichever is applicable, shall not be authorized to modify or reject the planning
services director's or chief building officiai's interpretation unless such board finds that the
determination is not supported by substantial competent evidence or that the interpretation is
contrary to the growth management plan, the future land use map, the code or the official
zoning atlas, or building code, whichever is applicable.
SUBSECTION 3.B: AMENDMENTS TO ZONING DISTRICTS, PERMITTED USES,
CONDITIONAL USES, DIMENSIONAL STANDARDS DIVISION
Words :_':-.::~ :.k,::: g~ are deleted, words underlined are added.
Page 5
12/15/97
Division 2.2. Zoning Districts, Pcrmilted 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, PERMITrED USES, CONDITIONAL USES,
DIMENSIONAL STANDARDS
Sec. 2.2.12. Commercial professional district (C-l) and commercial professional
transitional district (C-l/T).
2.2.12.2. I. Permitted Uses.
1. Accounting, auditing and bookkeeping services (8721).
2. Automobile parking (7521 ).
3. Business services (groups 7311, 7313, 7322-7331, 7338, 7361, 7371,
7372, 7374-7376, 7379).
4. Child day care services (8351).
5. Group care facilities (category I and H, except for homeless shelters);
care units except for homeless shelters; nursing homes; assisted living
facilities pursuant to s. 400.402 F.S. and ch. 58A-5 F.A.C.; and
continuing care retirement communities pursuant to s. 651 F.S. and ch.
, 4-193 F.A.C. all subject to Section 2.6.26.
6. Offices for g ~ngineering, architectural and surveying services (groups
0781. 8711 - 8713).
7. Health Services (8011-8049).
8. Individual and family social sin, ices (8322 activity centers, elderly or
handicapped; adult day care centers; and day care centers, adult and
handicapped only).
9. Insurance carriers, agents and brokers (group 631 !-6399, 6411).
10. I~gal services (811 ! ).
I 1. Management and public relations services (groups 8741-8743, 8748).
12. Miscellaneous personal sin'ices (7291).
13. Museums and art gallflies (8412).
14. Nondepository credit institutions (groups 6141-6163).
15. Real estate (group 6531-6541).
16. Any other commercial use or professional services which is comparable
in nature with the foregoing uses including those that nclusively serve
the administrative as opposed to the opentionai functions of a business,
and are purely associated with activities conducted in an office.
Words :~-:~ ~.:~,~:;.h ~ deleted, words underlined are added.
Page 6
21155)7
2.2.12.3. Conditional uses, The following uses are permissible as conditional uses in the
commercial professional/transitional district (C-l, C-1FF), subject to the
standards and procedures established in division 2,7.4.
i. Civic, social and fraternal associations (8641).
2. Depository institutions (groups 601 !-6099).
3. Educational services (8211-8231).
4. Health services (8011-8049).
5. Homeless shelters, as defined by this code.
6. Increased building height to a maximum of S0 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. T1.' 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-Ill' district, together
with the specific requirement that in no instance shall the
residential uses exceed 50 percent of the gross floor area of the
building or the density permitted under the growth management
plan;
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 squar~
feet;
i. The residential dwelling units shall be restricted to occupancy by
the owners or lessees of the commercial units below;
j. A minimum of 30 pen:ent of the mixed use development shall be
maintained as open space. The following may bc used to satisfy
the open space requiramcnts: 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);
Words :~.:k_ ,..k_.:::~.k. are deleted, words underlined ate added.
Page 7
12/! 5/9 7
k. The mixed commercial/residential structure shall be designed to
enhance compatibility of Ihe commcrcial and rcsidcntial uses
through such mcasures as, but not limited to, minimizing noise
associatcd with commercial uses; directing commercial lighting
away from residcntial units; and separating pedestrian and
vchicular accessways and parking areas from residential units, to
the greatest cxtcnt possible.
8. Nursing and personal care facilities (8082).
-L0 9. Religious organizations (8661).
-14-10. Soup kitchens, as defined by this code.
4-2 il. Veterinarian's office (0742), excluding outdoor kenneling.
Sec. 2.2.14 Commercial intermediate district (C-3)
2.2.14.2. I. Permitted uses.
1. Un;~.ss otherwise provided for in this section, all permitted uses
of the C-2 commercial convenience district.
2. Apparel and accessory stories (groups 5611-5699).
, 3. Auto and home supply stores (5531 ).
4. Business services (groups 7311,7313, 7322-7338, 7361-7379,
7384, 7389 except auctioneering service, field warehousing,
bottle labeling, packaging and labeling, salvaging of damaged
merchandise, scrap steel cutting and slitting).
5. Eating places (5812 only). All establishments engaged in the
retail sale of alcoholic beverages for on-premise consumption are
subject to Iocational requirements of section 2.6.10.
6. Food stores (groups 5411-5499).
7. General merchandise stores (groups 5311-5399).
8. Group care facilities (Category I and II, except for homeless
shelters); care units, except for homeless shelters; and nursing
homes, subject to section 2.6.26.
9. [Reserved.]
10. Home furniture, furnishing, and equipment stores (groups 5712-
5736).
11. Libraries (8231).
12. Marinas (4493), subject to section 2.6.22.
13. Membership organizations (8611-8699).
14. Miscellaneous repair services (groups 7629-7631 ).
Words :_---:~ *.L-:::;~ ar~ deleted, words ~ are added.
Page 8
12/15/97
15. Miscellaneous retail (groups 5912-5963, except pawnshops and
buildin~ malcrials. ~I~ ...... '-"; .....:'~- .....
merchcndi.'.~., 5992-5999).
16. Museums and art galleries (8412).
17. Non-depository credit institutions (groups 6111-6163).
18. Paint, glass and wallpaper stores (523 ! ).
19. Personal services (groups 7211,7212, 7215, 7216 non-industrial
dry cleaning only, 7221-725 I, 7291 ).
20. Public administration (groups 911 !-9199, 9229, 9311,941 !-
9451, 951 !-9532, 9611-9661).
21. Retail nurseries, lawn and garden supply stores (5261).
22. Veterinary services (groups 0742, 0752 excluding outside
kenneling).
23. Vi,'~otape rental (7841).
24. United States Postal Service (4311 except major distribution
centers).
, 25. Any use which was permissible under the prior GRC zoning
district and which was lawfully existing prior to the adoption of
this code.
26. Any other general commercial use which is comparable in nature
with the foregoing uses including buildings for retail, service and
office purposes consistent with the permitted uses and purpose
and intent statement of the district.
2.2.14.3. Conditional uses. The following uses arc permissible as conditional uses in the
commercial intermediate district (C-3), subject to the standards and procedures
established in division 2.7.4.
1. Amusements and recreation services (groups 791 I, 7922
community theaters only, 7933, 7991, 7993, 7999 boat rental,
miniature golf course, bicycle and moped rental, rental of beach
chairs and accessories only).
2. Drinking places (5813) excluding bottle clubs. All
establishments engaged in the mail sale of alcoholic beverages
for on-premise consumption arc subject to the iocational
requirements of section 2.6.10.
3. Homclcss shcltcrs, as defined by this codc.
4. Hospitals (groups 8062-8069).
5. Justice, public order and safety (groups 92 ! 1-9224).
6. Social services (8322-8399),
Words '.._':.:c~ '..k..'e'~.:g.k. arc deleted, words underlined arc added.
Pagc 9
12/I 5/97
7. Mixed residential and commercial uses, subject to the following
criteria:
a. A site development plan is approvcd pursuant Io division
3.3 that is designed to protect Ihe character of the
residential uses and 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 arc
compatible with the commercial uses:
d. Residential dwelling units arc 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-3
district, together with the specific requirement that in no
instance shall the residential uses exceed 50 percent of
the gross floor area of the building or the density
permitted under the growth management plan;
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 fce~; two-bedroom, 650 square feet; three-
bedroom, 900 square feet;
i. The residential dwelling units shall be restricted to
occupancy by the owners or lessees of the commercial
units below;
j. A minimum of 30 percent ofthe mixed use development
shall be maintained as open space. The following may be
used to satisfy the open space requirements: arras used
to satisfy water management requirements; landscaped
areas; recreation areas; or setback areas not covered with
impervious surface or used for parking (parking lot
islands may not be used unless existing native vegetation
is maintained);
k. 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 commereial 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. Motion picture theaters, except drive-in (7832).
Words :_':'.':~ '.-~-'-':.:g~ sre deleted, words underlined sre sdded.
Page 10
12/I 5/97
9. Permitted use with less than 700 square feet gross floor area in
Ihe principle structure.
I O. Soup kitchens, as defined by this code.
I i. ! l,.J .... !.,~_.J;,~., .... ICr~qq ..... , ..... ~,1, ..... A k..:l.!:___
431]. Vocational Schools (8243-8299).
Sec. 2,2.15, General commercial district (C-4).
2.2.15.2. I. Permitted uses.
I. Unless otherwise provided for in this code, all permitted uses in the C-3
commercial intermediate district.
2. Agricultural services (groups 0741 except outdoor kcnncling, 0742
except outdoor kenncling, 0752-0783 except outdoor kcnncling).
3. Amusements and recreation services, indoor (groups 7911-7941, 7991-
7993, 7997, 7999), outdoor (7999), including only fishing piers and
lakes ope:~tion, houseboat rental, pleasure boat rental, operation of party
fishing boats, canoe rental.
4. Automotive dealers and gasoline service stations (groups 5511, 5531,
5541 with services and repairs as described in Section 2.6.28, 5571,
, 5599 new vehicles only).
5. Automotive repair, services, parking (groups 7514, 7515, 7521) and
carwashes (group 7542), provided that carwashes abutting residential
zoning districts shall be subject to the following criteria:
a. Size of vehicles. Carwashes designed to serve vehicles exceeding
a capacity rating of one ton shall not be allowed.
b. Minimum yards.
I. Front yard setback: 50 feet.
2. Side yard setback: 40 feet.
3. Rear yard setback: 40 feet.
c. Minimum frontage. A carwash shall not be locatexl on a lot with
less than 150 feet of frontage on a dedicated street or highway.
d. Lot size. Minimum 18,000 square feet.
e. Fence requirements. If a carwash abuts a residential district, a
masomy or equivalent wall constructed with a decorative finish,
six feet in height shall be erected along the lot line opposite the
residential district and the lot lin=s perpendicular to th~ lot !in~
opposite th= residential district for a distanc= not less than 15
feet. The wall shall be located within a landscaped buffer as
specified in section 2.4.7. All walls shall b= protected by a
barrier to prevent vehicles from contacting them.
Words :..':-;:~ :hr;;gh arc delctcd, wordsunderlined arc added.
Page 11
12/15/97
f. ,4rchitecture. The building shall maintain a consistent
architectural theme along each building facade.
g. Noise. A carwash shall be subject to Ordinance No. 90-17,
Collier County Noise Control Ordinance [Code ch. 54, art. IV].
h. IVaslff,g ttttd polisAing. The washing and polishing operations
for all car washing facilities, including self-service car washing
facilities, shall bc enclosed on at least two sides and shall bc
covered by a roof. Vacuuming facilities may bc located outside
the building, but may not be located in any required yard area.
i. Hours of operation. Carwashes abutting residential districts
shall be closed from I0:00 p.m. to 7:00 a.m.
6. Building materials, hardware and garden supplies (groups 5231-5261).
7. Business services (groups 7311-7352, 7359 except airplane, industrial
Imck, portable toilet and oil field equipment renting and leasing, 7361-
7397 except armored car and dog rental, 7389 except auctioneering,
bronzing, field warehousing, salvaging of damaged merchandise).
8. Commercial printing (2752, excluding newspapers).
9. Communications (groups 4812-4841 ) including communications towers
up to specified height, subject to section 2.6.35.
10. . Eating and drinking establishments (5812, 5813) excluding bottle clubs.
All establishments engaged in the retail sale of alcoholic beverages for
on-premise consumption are subject to the localtonal requirements of
section 2.6.10.
il. Engineering, accounting, research, management and related services
(groups 8711-8748).
12. Glass and glazing work (1793).
13. Group care facilities (category I and I1, except for homeless shelters);
care units, except for homeless shelters; nursing homes; assisted living
facilities pursuant to s. 400.402 F.S. and ch. 58A-5 F.A.C.; and
continuing care retirement communities pursuant to s. 65 ! F.S. and ch.
4-193 F.A.C. all subject to Section 2.6.26.
14. Health Services (Groups 8051-8059, 8062-8069, 8071-8072 and 8092-
8099).
15. Hotels and motels (groups 7011, 7021, 7041 when located within an
activity center).
16. Marinas (4493, 4499 except canal operation, cargo salvaging, ship
dismantling, lighterage, marine salvaging marine wrecking steamship
leasing), subject to section 2.6.22.
17. Miscellaneous repair services (groups 7622-7641, 7699 except
agricultural equipment repair, awning repair, beer pump coil cleaning
and repair, blacksmith shops, catchbasin, septic tank and cesspool
cleaning, coppersmithing, farm machinery repair, fire equipment repair,
furnace and chimney cleaning, industrial truck repair, machinery
Words :_".::h '-~.::::g~ are deleted, words underlined are added.
Page 12
12/15/97
cleaning, repair of service station equipment, boiler cleaning,
tinsmithing, Iractor rcpair).
18. Miscellaneous retail (groups 5912-5963, 5992-5999).
19. Motion picture theaters (7832).
20. Public or private parks and playgrounds.
21. Personal services (groups 7215, 7217, 72!9 7251 ~ except
crcmatorics, 7291-7299).
22. Real estate (group 6512).
23. Social services (groups 8322-8399, except for homeless shelters and
soup kitchens).
24. [Rcscrvcd.]
25. Vocational schools (groups 8243-8299).
26. Any other general commercial use which is comparable in nature with
the foregoing uses including buildings for retail, service and office
purposes ~.onsistcnt with Ihc permitted uses and intent and purpose
statcment orthe district.
Sec. 1.2.16. Industrial district (i).
2.2.16.2. i Permitted Uses
1. Agricultural s~rvices (groups 0711, except that chemical treatm~t of
soil for crops, fertilizer application for crops and lime epreading for
crops shall be a minimum ot'500 feet from a residential zoning district,
072 i, except that a~'ial dusting and spraying, disease control for crops,
spraying crops, dusting crops, and insect control for crops (with or
without fertilizing) shall be a minimum orS00 feet from a residential
zoning district, 0722-0724, 0761,0781~, 0783).
2. Apparel and other finished products (groups 2311-2399).
3. Automotive repair, service, and parking (groups 7513-7549).
4. Building construction (groups 1521 -! 542).
5. Business services (groups 73 12, 7313, 7319, 7334-7336, 7342-7389,
including auction rooms (5999), subject to parking and landscaping for
retail use).
6. Communications (groups 4812-4899 including communications towers
up to specified heights, subject to section 2.6.35).
7. Construction-speci al trade contractors (groups 1711 - 1799).
8. Depository and nondepository institutions (groups 6011-6163).
9. Eating places (5812).
! 0. Educational services (8243-8249).
Words -=.':.:~ :.k.::::~,h are deleted, words underlined are added.
Page 13
12/15/97
11. Electronic and other electrical equipment (groups 3612-3699).
12. Engineering, accounting, research, management and related services
(groups 8711-8748).
13. Fabricated metal products (groups 3411-3479, 3491-3499).
14. Food and kindred products (groups 2011-2099 except slaughtering
planIs).
I 5. Fumilure and fixtures (groups 251 !-2599).
16. Heavy construction (groups 1611-1629).
17. Health services (801 i accessory to industrial activities conducted on-site
only).
18. Industrial and commercial machinery and computer equipment (3511-
3599).
19. Leather and leather products (groups 3131-3199).
20. Local and suburban transit (groups 4111-4173).
2 i. Lumber and wood products (groups 2426, 2431-2499).
22. , Measuring, analyzing, and controlling instruments; photographic,
medical and optical goods; watches and clocks (groups 3812-3873).
23. Membership organizations (groups 8611, 8631).
24. Miscellaneous manufacturing industries (groups 3911-3999).
25. Motor freight transportation and warehousing (groups 4212, 4213-4225,
4226 except oil and gas storage, and petroleum and chemical bulk
stations).
26. Paper and allied products (2621-2679).
27. Personal services (groups 7211-72-1-951_- 7291).
28. Physical fitness facilities (7991).
29. Printing, publishing and allied industries (groups 2711-2796).
30. Railroad transportation (4011, 4013).
31. Rubber and miscellaneous plastics products (groups 3021, 3052, 3053).
32. Stone, clay, glass, and concrete products (groups 3221, 3251, 3253,
3255-3273, 3275, 3281).
33. Textile mill products (groups 2211-2221, 2241-2259, 2273-2289, 2297,
2298).
34. Transportation equipment (groups 3714, 3716, 3731, 3732, 3751, 3761,
3764, 3769, 3792, 3799).
Words :=.::b_ ,..~_.:._.g_~_ ate deleted, words underlined are added.
Page 14
12/15/97
35. Transportation by air (groups 4512-4581 except airports and flying
fields).
36. Transportation services (groups 4731-4783, 4789 except stockyards).
37. United States Postal Service (4311 ).
38. Welding repair (7692).
39. Wholesale trade-durable goods (groups 5012-5014, 5021-5049, 5063-
5092, 5094-5099).
40. Wholesale Irade-nondurable goods (groups 51 ! I -5 ! 59, 5181, 5182,
5191 except that wholesale distribution ofchemicals, fertilizers,
insecticides, and pesticicles shall be a minimum orS00 feet from a
residential zoning district (5192-5199).
4 I. Any other use which is comparable in nature with the foregoing uses and
is otherwise clearly consistent with the intent and purpose stalenlent of
the district.
Sec. 2.2.23. Airport overlay district (APO): special regulations for specified areas in
and around the airports in Collier County.
2.2.23.2.1. Primary zone. An area longitudinally centered on a runway, extending 200 feet
bcyon. d each end of the runway with the width so specified for each runway for
the most precise approach existing or planned for either end of the runway. The
width of each primary zone is as follows:
PRIMARY ZONE WIDTH (FEET)
A irpods Runway Type Widlh
Naples -U--34-14-32 Other than utility/non-precision instrument 500
4.4,1S-23 Other than utility/precision instrument 1,000
Marco Island 17-35 OtJ:tcraJao IJMtility/no~-pfecision instrument SO0
Everglades 15-33 Utility/visual 250
Immokalee 9-27 Other than utility/e, oeFprecision instrument IOgl .000
18-36 Other than ulilily/non-precision inslrument 500
4-22 Utility/visual 250
I. Primary zone height. No structure or obstruction will be permitted
within the primary zone that is not part of the landing and takeoff area
and is of greater height than the nearest point on the runway centerline.
2.2.23.2.2 Horizontal zone. The area around each public use airport with an outer
boundary, the perimeter of which is constructed by swinging areas of q>eci~ed
radii from the center of each end of the primary zone of each airport's runways
and connecting the adjacent arcs by lines tangent to those ar~s. The radius of
each arc is as follows:
HORIZONTAL ZONE RADIUS (FEET}
Words ::-.::~- '..~..'-:'_'g~ ate deleted, words ~ arc added.
Page 15
12/15/97
Airports Runway Type Radius
Naples ! .~ ~ ! 14-32 Othe~ than utility/non-precision instrumem I 0,000
4435-2~ Other Ihan utility/precision insmmsent 10,000
Marco Island 17-35 Other than Llutilitylnon-precision instrument .t,_%t2~_ I 0.0OO
Everglades 15-33 Ulility/visual
I mmokalcc 9-27 Other Ihan ueility/em~-precision instrument I0,0OO
18-36 Other than utility/non-precision instrumenl 10.000
4-22 Ulility/visual
1. ttorizonta/zone height. No structure or obstruction will be permitted in
the horizontal zone that has a height greater than 150 feet above the
airport height. unless a Federal Aviation Administration Determination
Of No Hazard To Air Navigation has been iss~l-~d.
2.2.23.2.3. Con/ca/zone. The area extending outward from the periphery of the horizontal
zone for a distance of 4,000 feet.
!, Conical zone height, Height limitations for structures in the conical
zone are 150 feet above airport height at the inner boundary with
permitted height increasing one foot vertically for every 20 feet of
horizontal distance measured outward from the inner boundary to a
height of 350 feet above airport height at the outer boundary,
2,2.23,2,4, Approach zone, An area longitudinally centered on the extended runway
centerline and extending outward from each end of the primary surface, An
approach zone is designated for each runway based upon the type of approach
available or planned for that runway end,
1. Approach zone width, The inner edge of the approach zone is the same
width as the primary zone, The outer width of the approach zone
prescribed for the most precise approach existing or planned for that
runway end expanding uniformly to the following widths:
APPROACH ZONI~ WIDTH (FEET}
Airports Runway Type Width
Naples !2 ~! 14-32 Other than utility/non-precision instrument 3,500
4-~ Other than utility/non-precision instrumcm 3,500
332,1 Other than utility/prcciaion ins~ument 16,000
Marco Island ] 7-35 OthlLthia Idatility/non-prccisiof~ instrument
Everglades 15-3:} Utility/visual 1,250
~ Other than utiliev_/preclsian mmt. nt 16.000
Irnmokalce -~-27 Other than utility/non-predaion instrumcm 3,500
18 Other than utilitylnon-prccilion inm'umcm 3,500
36 Other than utility/visual 1,500
4-22 Utility/visual 1,230
2, Approach zone length~, The approach zone extends for the applicable
horizontal distance as follows:
Words :_".::k '..~.r:::~.t. arc deleted, words underlined arc added.
Page 16
! 2/! 5/97
APPROACH ZONE LENGTH (FEET)
Airports Runway Type M/kltk-Len_uth
Naples !~ 9! 14-32 Other than utility/non-precision instmm~t 10,000
4,J Other than utility/precision tnm~enem 10,000
332,1 Other titan utility/n.on-precision insmlmont :50,000
Muco hland 17-35 Othff~e Llgtilitylnomprecbion inmt .e,.nOO.. 10.000
Everglades 15-33 Utility/vlmid 5,000
Immokalce 0-27 Other than utilitylnon-prccision instrument I 0,000
9 Other th~n utilltv/nfecision ins'fftn~mt
18 Other than utility/non-precision inm'ument 10,000
36 Other than utilitylvisud :5,000
4-22 Ulilitylvisual 5,000
3. Approach zone height, Permitted height limitation within the approach
zone shall not exceed the runway end height at the inner edge and
increases uniformly with horizontal distance outward from the inner
edge as follows:
APPROACH ZONE HEIGHT
Airports Runway Type -W-idlh-llei_eht
Naples ! 3 ~ ! 14-32 Other than utilitylnon-prccision instrument 34: I
45 Other than utility/non-precision instrument 34: I
3323 Other than utility/p'ecision instrument :50: 1/40: I
Marco Island 17-35 Other than Uutility/non-prccision instrurncnt 20:1
Everglades I :5-33 Utility/visual 20: I
Immokalce 9-3.7 Other than utility/Refhprccision inm'tmqent 34+1. JO: I/40: I
27 Other than utili_tv/non-m'ecision ins'tnn~enl 34: I
18 Other than utility/non-precision inm'ument 34: I
36 Other than utility/visual 20: I
4-22 Utility/visual 20: I
]. Precision instrument runway(s). One foot vertically For every 50 Fcct
horizontally for the first 10,000 feet increasing to one Foot vertically For
every 40 feet horizontally for additional 40,000 feet.
2. Non-precision instrument runway& One foot vertically for ever 34 fcct
horizontally.
3. risual r~nways. One Foot vertically For every 20 feet horizontally.
2.2.23.7. Exemptions. __
1. Development of the Marco Shores Golf Course Community that
comports with the location and height requirements of Ordinance 81- 6
as amended y Ordinance 85 - 56 and Ordinance 94 - 41. is exempted
from the provisions of Section 2.2.23.2. By virtue of the following:
Words :..'r::k '.-%':::i~ ar~ deleted, words underlined ar~ added.
Page 17
12/15/97
I An agreement between Johnson Ba_v Development Corporation.
Collier County Ai.rport Authori_ty. and the Board of Coun~
Commissioners dated August 8. 1995.
iL Prior issuance of a Federal Aviation Administration Determination
Of No Ha~'ard To Air Navigation
SUBSECTION 3.C: AMENDMENTS TO LANDSCAPING AND BUFI~R/NG
DIVISION
Division 2.4., Landscaping and Buffering, of Ordinance 91-102, as mended, the
Collier County Land Development Code, is hereby amended to read as follows:
DIVISION 2.4. LANDSCAPING AND BUFFERING
Sec. 2.4.3. Procedures.
2.4.3.1. Landscape plan required. Prior to the issuance of any p~liminary subdivision
plat, final site development plan, or building permit, an applicant whose
development is c~,vered by the requirements of this section shall submit a
landscape plan to the development services director. The landscape plan shall
beprepeed-~a~ bear the seal of a Landscape Architect registered in the State
of Florida-,, The landscaping required for single-family, two-family, and mobile
home dwelling units, shall be shown on the building permit plot plan. This plan
is not required to N.~'~p~aFe~a~-ead bear the seal of a landscape architect.
SUBSECTION 3.D: AMENDMENTS TO SIGNS DIVISION
Division 2.5., Signs, of Ordinance 91-102, as amended, the Colli6r County Land
Development Code, is hereby amended to read as follows
DIVISION 2.5. SIGNS
Sec. 2.5.5. Permitted signs.
2.5.5.2. Signs within non-residential districts:
2.5.5.2. !. 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. ! 3.
Words :.,'r',':k :b::::g,k. are deleted, words ~ are added.
Page 18
12/15/97
2.5.5.2.4-2. Real estate signs: The following signs classified as real estate signs shall be
permitted in non residential districts subject to the following:
!. One ground or wall "For Sale," "For Rent," or similar sign with a
maximum area of e::~ four square feet in size per street frontage for each
parcel, or lot less than on¢ acre in size. (No building permit required.)
2. One Found or wall "For Sale," "For Rent," or similar sign, with a
maximum 32 square feet in size, per street frontage for each parcel, or
lot one to ten acres in size. ('No building permit required.)
3. One ground or wall "For Sale," "For Rent," or similar sign, with a
maximum of 64 square feet in size, per street frontage for each parcel or
lot in excess often acres in size.
4. Real estate signs shall not be located closer than 15 feet from any
property line, In the case of undeveloped parcels where the existing
vegetation may not allow the location of the sign I 5 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.
2.5.5.2.53. Construction signs. All supports for such signs shall be securely built,
constructed, and erected and shall be located on the site u/~der construction and
no closer than 15 feet from any property line, and subject to the following:
I. One ground or wall sign, with a maximum of 12 square feel, 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 panel less than one
acre in size. (No building permit required.)
2. One ground or wall sign, with a maximum of 32 square feet in size, may
be used as a construction sign by the general contractor of the
development or as a permit board, within each front yard for each parcel
one to ten acre in size. (No building permit required.)
3. One ground 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 panel
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 institulion, or
other similar company involved with the development, regardless of
parcel size. (NPR)
5. All construction signs must be removed prior to the issuance of
certi ticate o f occupancy.
Words :..*r'.:':k :.k. re'.:'~,h are deleted, words underlined are added.
Page 19
12/15/97
2.5.5.2.-3~. On-premise signs. On-premise pole sips, ground signs, projecting signs, wall
signs, and mansard signs shall be allowed in all non:residentially zoned districts
subject to the restrictions below:
2.5.5.2.:,.~. 1. Pole or ground signs. Single-occupancy parcels, shopping centers, office
complexes, business parks, or industrial parks having frontage of 150 feet or
more on a public street, or combined public street frontage of 220 linear feet or
more for comer lots, shall be permitted one pole or two ground sips. 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 ei_eht or 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.
I. Maximum allowable sign area: 100 square feet for each pole or ground
signs, or a maximum combined area of ! 20 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. I. 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 minimu~ of a 15-foot setback from all project boundaries and public
right-of-ways and easements, and their location presents no visual
obstructions, or traffic hazards to motorisls or pedestrians, unless
otherwise noted below or as provided for in section 2. I. 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 directors decision to reduce the required ! 5-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 ofexisting landscape
features and/or specimen trees, it would be prudent Io allow for a
reduction in the required setback so as to most appropriately
locate the sign structure; or,
d) The extent of the reduction is the minimum amount necessary to
provide relief from the applicable conditions cited above.
4. Maximum allowable height: 20 feet in height, except for directory signs
as permitted in section 2.5.5.2.:~/.!., which may be 25 feet in height.
Height shall measure from the lowest centerline grade of the nearest
Words :..'r.::k :~.:r.::g.'.. are deleted, words underlined are added.
Page 20
12/15/97
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 owners premises or
signs and away from any right-of-way.
2.5.5.2.~.2. Pole or ground signs within regional shopping centers. One pole or ground sign
is permitted for each regional shopping center having a frontage of 150 feet or
more on a public street. 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 arc met. In no case shall the number of pole or
ground signs exceed two per street frontage. Additionally, one directory sign
with a maximum size of 250 square feet will be permitted for a single entrance
on each public street.
er en:eme.':.'., '.:n!e:: e'.her::!'..e =e:~ ~e!ew er -'-: p=v!~A~ fer !r. :ee:ion
v, v ...... :r :~em.e::::, .... :~-~ :he: :here i~
!. Maximum allowable sign area: 100 square feet for each pole or ground
signs, or a maximum combined area of 120 square feet for two gwund
signs, except for approved directory signs.
2. Setbacks: 15 feet from any property line, public or private right-of-way,
or easement, 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 pwject boundaries and public
rights-of-way and easements, and their location presents no visual
obstructions, or traffic hazards to motorists or pedestrians.
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. Where the
planning services director appwves such a reduction, the height of the
sign shall be reduced by an amount equal to the amount of variance
being requested. The planning services directors 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
Words :~,::h '..'~e:g~ arc deleted, words ~ arc added.
Page 21
12/15/97
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 ofthe reduction is the minimum amount necessary to
provide relief from the applicable conditions cited above.
4. Maximum allowable height: 20 feet in height. except for directory signs
as permitted in section 2.5.5.2.~.2., 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 maxtmum 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 ownet's premises or
signs and away from any fight-of-way.
2.5 . 5 .2.~.3.Wall, raansard. canopy or a.,ning signs. One wall, mans~d, canopy or awning
sign shall be permitted for each single-occupancy parcel, or for each
establishment in a multiple-occupancy parcel. Comer units within multiple
occupancy parcels, or single occupancy parcels where there is double frontage
on a public right-of-way, shall be allowed two signs, but such signs shall not be
combined for the purpose of placing the combined area on one wall. In addition,
outparcels within shopping centers may by allowed one additional wall sign
facing the shopping center if the additional sign is not oriented towards any
public right-of-way. Retail businesses with a floor area of larger than 15.000
square feet and a front wall length of more than 200 linear feet. are allowed
three wall signs; however, the combined area of those signs shall not exceed the
maximum allowable display area for signs by this code.
1. The maximum allowable display area for signs shall not be more than 20
percent of the total square footage of the visual facade of the building to
which the sign will be attached and shall not, in any case, exceed 250
square feet in area for any sign.
2.5.5.2.:3-a~.4. Projecting signs. Projecting signs may be substituted for wall or mansard signs
provided that the display area of the projecting sign shall not exceed 60 square
feet of display area.
1. Projecting signs shall not project more than four feet from the building
wall to which it is attached.
Words :~-z~ :~.::.::~h are deleted, words underlined are added.
Page 22
12/15197
2. Projecting signs shall not extend above the roofline oflhe building to
which it is attached.
3. Projecting signs shall not project into the public right-of-way.
4. Projecting signs which projecl over any pedestrian way shall be elevated
to a minimum height of eight feet above such pedestrian way.
2.5.5.2.:34.5. Under-canopy signs. ln addition to any other sign allowcd by this code, one
under-canopy sign shall be allowed for each establishment in a shopping center.
This sign shall not exceed six square feet in area and shall be a minimum of
eight feet above finished grade. Under canopy signs do not require a building
permit unless the sign is equipped with an electrical component.
2.5.5.2.:34.6. .decent lighting. In addition to any other sign allowed by this code, accent
lighting may be allowed subject to the following requirements:
i. No more than two tubes or strands ofcontinuous accent lighting will be
allowed per wall of a structure.
2. Accent lighting cannot exceed one and one-half inch in diameter per
tube or strand, and shall not be used to outline doors and windows, or
attached ;~ columns and vertical comers of structures.
3. Accent lighting must have the approval ofthe community development
services administrator or his designee except as prohibited in section
2.5.7 of this code. Installation of accent lighting shall require a building
, permit.
4. Accent lighting must comply with the Collier County current electrical
code and must be installed by a licensed electrical sign contractor to an
approved electrical source.
2.5.5.2.:34.7. Signs within planned unit developments (PUDs). Pursuant to the purpose and
intent of this division, creative, flexible and uniform comprehensive sign plans
providing for size, location, type, and common architectural design standards,
are encouraged within all PUD zoning districts, and specifically required for
PUDs containhlg in a commercial component. Sign classes and sizes for
planned unit developments should be the same as the standards found within
this code for the zoning district the development most closely resembles, unless
such planned unit developments have comprehensive sign standards contained
in the PUD document.
2.5.5.2.:3d.8. Flags. Residential properties that have been issued a certificate ofoccupancy
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 offa roadway
that is designated a collector or arterial in the traffic clement 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 arc
not visible to motorists along any frontage roadways. The four internally
displayed flags may be increased by up to eight additional flags for maximum
total of 12 flags with the amount of the proposed increase to be determined by
the planning services director, provided: all proposed flags would not be visible
to motorists along any frontage roadways and the planning services director
Words :_':-.::~ ~::;..t. are deleted, words underlined arc addcd.
Page 23
12/15/97
determines that the display of the extra flags is essential to the lheme and design
or the development.
i. All flagpoles with a height in excess of 15 feet above finish grade or that
cxtend 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, thc flagpole foundation or attachment shall be designed by a
Florida registered engineer on a signed and scaled drawing showing
construction details and maximum flag area that is supportable. Cc~i~cd
designing and sealing shall not be required whcre 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 pcdcstdan/vchicular 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 fcct in
height above ~n~sE finished grade. For all other residential zoned
parcels, flagpoles shall not exceed 35 feet in height from the f+nish
finished grade or extend more than 20 fcet from any building to which
they arc attached. In the estates, agricultural or conservation districts
flagpoles shall not exceed ~ :35 feet in height above fi.~i,sh finished grade.
k..:,.4: .......k:^~. ,k ...........~._.4 In all other zoning districts,
flagpoles shall not exceed gO SO feet in height from the fin/shed grade,
nor extend more than 20 fcct from any building Io which they are
attached. nor shall the width of the fia~ exceed 30% or the Icn_ath of the
. pole to which it is affixed.
2.5.5.2.~J.9. Temporary ~igns. The erection ofany 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.S.2.:~4.9. I. Political signs. Political campaign signs and posters shall be permitted subject
to the following requirements:
1. Prior to the erection, installing, placing, or displaying era 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
pwperty shall not exceed four square feet in size, and shall not be
located closer than five feet to any pwperty 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
ofsuch signs shall be limited to two signs for each lot or parcel per bulk
permit issued for each candidate or issue.
Words :..':-~ :~z~=~ are deleted, wordsunderlined are added.
Page 24
12/15/97
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 shah bc erected not more than 60 calendar days prior to
an election or political event, and shah be rernoved within seven
calendar days after the election, event, or after the campaign issue has
been decided.
2.5.5.2.~.4.9.2. Gra,d opening signs. An occupant may display an on-site grand opening sign
not exceeding 32 square feet on a side, and not exceeding 64 square feet total.
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.-3J~.9.3. Special events signs. A special events sign not exceeding 32 square fcct in size
may bc displayed to announce or advertise such temporary uses as fairs,
carnivals, circuses, revivals, sporting events, or any public, charitable,
educational event. Such sign shall bc located no closer than ! 5 fcct to any
property line. Such signs shall require a building permit.
2.5.5.2.3-t. 10. Specialpurpose s~gas (on-site). Duc to the unique and varied nature ofthe
following uses, additional signs may bc required to provide the desired level of
service to the public. Special purpose signs shall bc pcrmitted as follows:
2.5.5.2.3t. 10.I. Theater signs (on-site). In addition to the signs otherwise permitted by this
code, a theater shall bc permitted a changeable message sign, the surface of
which shall not exceed 100 square feet in area. Such sign shall require a
building permit.
2.5.5.2.~. 10.2. ,4,aomobile service stations. In addition to the signs otherwise permitted by
this code, automobile service stations shall be permitted one changeable
message sign not to exceed ten square feet in area for the purpose ofdisplaying
gasoline prices only. Such sign shall bc affixed to the structure era pole on the
property. Such sign shall require a building permit.
2.5.5.2.:~. i 0.3. Time and temperature signs. One time and temperature sign having a surface
area not exceeding ! 8 square fcct shall bc permitted at each industrial,
commercial or other non-rcsidcntially zoned property. Such signs may bc
affixed to the structure of a pole or ground sign. Such sign shall require a
building permit.
2.5.5.2.2,z1. I O. 4. Commercial, business park and industrial directtonal or identification signs.
Directtonal or identification signs no greater than six square feet in size, and
located internal to the subdivision or development, may be allowed subject to
the approval of the community development and environmental services
administrator, or his dcsignee. 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, directtonal or identification
signs maintaining a common architectural theme maybe 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.
Words om.~ are deleted, words uncledined are added.
Page 25
12115197
2.5.5.2.:34. i I. On-premise signs within agricultural districts. On-premises signs shall bc
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:
2.5.5.2.:34.1 I. I. One pole or ground sign identifying the farm organization, located at the
entrance or gate of each street frontage, and only for permitted agricultural uses.
The maximum allowable sign area for each pole or ground sign shall not exceed
100 square fcct, and shall bc located a minimum of 15 feet from any property
lines, public or private right-of-way or easement.
2.5.5.2.:34.11.2. 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 bc used to identify tcmporary 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.~. 1 i.3. U-Pic signs. One U-Pic sign located at the entranceer date ofcach strect
frontage. The maximum allowable sign area for each U-Pic sign shall not
cxcced 32 square fcct, and shall be !ocatcd a minimum of 15 fcct from any
property line, public or private right-of-way or casement.
2.5.5.2.:34.11.4. 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-commcrciai uses defined within the Collier County
zoning ordinance only, and subject to the following restrictions:
I. One wall or mansard, canopy or awning sign shall bc 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 ofplaeing 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.:34.12. Off-premises directtonal signs. Off-premises directtonal signs are permitted
subject to review and approval ofthe design and location ofsueh signs by the
community development and environmental services administrator, or his
designee, if the following retirements are met:
I. Off-premises directtonal signs shall only be permitted in non-
residenttally zoned, or agricultural districts.
2. No more than two off-premise directtonal signs shall be permitted,
identifying the location and nature of a building, structure, or use which
is not visible from the arterial roadway serving such building, structure,
or uses, provided:
1. Each sign is not more than 12 square feet in area with a singl~-
faced display area only. Double-faced signs shall not be
p~tmitted.
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.
Words :=':.::~ '..~..':::g~ are deleted, words underlined ire added.
Page 26
12/i 5/97
4. The applicant must submit with the permit application notarized,
written permission from the property owner where the off-site
sign is located.
5, The sign shall only be located within ! ,000 feet of the
intersection of the arterial roadway serving the building,
structure, or use.
3. Off-premises directtonal signs shall not be located closer than 50
feet from a rcsidcntially zoned district.
4. Off-premises directtonal signs shall not be ]ocate. d closer than
] O0 fcct from another off-premises directtonal sign.
2.5.5.2.:3,/. 13. Illuminated signs. All illuminated signs shall have electrical components,
connections, and installations that conform to the National Electrical Code., and
all other applicable federal, state, and local codes and regulations. Further,
lighted signs shall: be shielded in such a manner as to produce no glare, hazard
or nuisance to motorists or occupants of adjacent properties; not be reflective or
phosphorescent; have a steady nonfluctuating or nonundulating light source.
Sec. 2.5.10. Continuation of nonconforming signs.
2.5.10.3. A non-conforming permanent on-praiscs or off-premises sign shall not be
replaced by another non-conforming sign cxccpt that substitution or interchange
.~_at. ^.a _.:.,..I k^^..I. ^. J:.~^...e^kt. ~^e^.~^! On non-
of letters, pc:t:r r ......, ....~
con fo, rming signs shall bc permitted through the period of non-conformity
established by this code.
SUBSECTION 3.E: AMENDMENTS TO SUBDIVISIONS DIVISION
Division 3.2., Subdivisions, of Ordinance 91-102, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
DIVISION 3.2 SUBDIVISIONS*
Sec. 3.2.8 Improvement plans.
3.2.8.4.16. Streets.
2(3. Pavement sampies: The developer shall provide core samples of both
the base course and surface course of the completed public and private
roadways prior to prelimina_ry approval, The core samples shall be taken
at a maximum of 300 feet intervals and arrangements shall be made to
immediately replace the areas so removed with materials and
construction to conform to the specifications and to the line and _erade of
the immediate surroundings' pavement surface. The core samples shall
be taken by an approved testing laboratory_ and/or professional engineer
and certified as to location taken and thickness measured.
A tolerance of ¼ inch for pavement surface and ~ inch for base course
may be accepted. Any deviations more than these tolerances will result
in withholding preliminary_ acceptance until such time that the pavement
ii brought up to County standards.
Words :.,:..::.b ,..~..:::g.%: are deleted, words underlined are added.
Page 27
12/15/97
3.2.8.4.22. Water management.
i I. Plans and specifications.
i. The master drainage plan shall include the drainage plans and
details for all lots. A ,,_:.^t ,^, .a_: .... .s_,,:~ .... k ..... .a r--
~ The master drainage plan shall show proposed
finished grade elevations at all lot comers and breaks in grade.
The engineer shall state on the water management calculations the
basis for wet season water table selection.
The engineer of record prior to final acceptance, shall provide
documentation from the stormwater maintenance entity that it has
been provided information on how the stormwater system works
and their responsibility to maintain the system.
SUBSECTION 3,F: 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, 3,4,7. Permit application review procedures,
3.4.7.1.3. n.:^. ,^ .4a, ....:^_ ^r .__a^.: .... ~. .....~ r ........ k~^.,
Pre-B!ast inspections
Prior to detonation of explosives a list of all pre-blast inspections
performed shall be provided to Engineering Plan Review apd
Inspection Services. Pre-blast in .spections are rua_uired for
structures if one of the following conditions has been satisfied:
If the structure is within a distance of I SO feet times the
square root of the charge away from the blast.
iljustrated by the following formula:
D = 150 x W 'A (Where '"D" equals the distance in feet
and "W" equals the weight of the charge in pounds of
explosives per delay.)
h~ If the structure is within 300 feet of the blast permittecl
2. Pre-hlast ins'pections shall be conducted by an independent
seisrnolo~st. vibration engineer. structural encrineer. or their
re?resentative. The pre-blast survey_ ins'nection shall consist of
complete documentation of all visible interior and exterior
defects observed at the structure. The ins'peetion doc!lrnentation
shall be prepared on 8 ¼ x ! 1 or 8 ~ x 14 sheet(s~ ofpaper. The
date of the inspection must be indicated on the documentation.
Word~ :_*:_-:~ ~.::-~.~ are deleted, words underlined are added.
Page 28
12115/97
lntcrior and/or exterior 35 mm pholo_m'aphs of the
appurlcnances containing defecls must b~ idemifiablc a~ Io the
location and date laken.
A list of all pro-blast surveys shall be received by Engineering
Plan Rcview and Inspection Services no later than five 1'51 da_v~
prior Io !he planned commencement of blasfin~ A location map,
indicating the streets and structures involved shall be ~ubmitrted
together with this list.
3.4.7.1.4. tc .k ........ k~^.... ~ ...... k,^.. :_~.: ........ -,.~
Pre~blast noti fication:
L The applicant shall notify_ residents who have not received a pre-
blast inspection of the pending blast at least five fS) days prior
Ihe commencement of the initial blast.
2. Notification shall be distributed to all properties containing
~IF.;.t:,tures within a radius calculated for a scaled distance of
_feet;
3. The written notification shall describe the blasting which will
take place. its cffect on the residents. their ability. to obtain a pre-
blast suryCy and how to contact the user or his or her
, representative with any blast related complaints or claims.
Property owners shall be given a five (5) day window to respond
to the availabili.ty and their desire to obtain a pre-blast survey.
4. ]f blasting is suspended in an area for a period of ninety (90)
days or longer. re-notification of all residents within the radius
calculated for a scaled distance of i 50 feet shall be accomplished
at least seven (7) days prior to the re-commencement ofblastin~
Sec. 3.4.10. Issuance.
3.4. I 0. 1.2. Comprehensive general liability (including, but not limited to explosive
hazard, collapse hazard, underground properly damage, contractual
liability) bodily injury, personal injury: ~50'2,~nt~.C20 I;1,000.000.00
each occurrence and aggregate; property damage:
$ ! ,000.000.00 each occurrence and aggregate.
Sec. 3.4.13. Restrictions for the use and handling of explosives.
3.4.13.5. ~ ...., .......t. _~...:., ....t~:., Blastin~ hermit and limi~.
3.4.13.5.1. c ..... .... ..~ ~.,, ....:. o,... ~. ...., ....t~.~ c ............~.~ n__
Mcas~'rcd A:
Wor~ :~a:k L~=~g~ a~ dele~ wo~ und~l~ ~ added.
Page 29
.mmmal of em'edoe~iv~ wivhln ~ ~ limi~ of ~ ~ ~
~ ~ a b~in~ ~it u ~n~ ~m~d~ b~ Ibis ~ion:
~d~ Ihat in ~ ~l it shall ~ unlawful for any p~n ~o bill
5re. d~onale or use any amount of explosives which would result jn a
r~ult~l peak pa~icle velocity in excess of 0.~ inches per second wh~
measured on the ~ound at lhe nearest buildin~ or sl~cture not o~ed
by Ihe permitlee. or at · location id~ti~ by th~ scismolo~ist of r~ord
and the Plannin~ S~ices Director. or desi~ee.
SECTION 3.C: AMENDMENTS TO DEFINITIONS SECTION
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
,4,liqU~ ,VlOffs: Establishments engaged in the retail sales ofartifacts. collectibles or objects
having special value because of their age. especially a work of art or handicraft item that is
more {han 100 years old. or keepsakes cherished for their age or association with a person.
place. event or time.
Pawn shops: Establishments which are willing to provide loans to customers in exchange for
mer~halldise which is typically held as a pledge against the payment of the loan and which are
end_aged in the retail sales of second-hand or used merchandise.
Sign, directory: An on-preraises sign of permanent character indicating the name of."::~ five or
more Fe,~r:: er ~businesses associated with, or events conducted upon, or products
or services offered upon the premises upon which such sign is maintained. This sign may be a
free-standing (pole. monument or _tn'ound), awning, or wall sign as otherw/se permitted by this
code. Such signs may have changeable copy. (S~ division 2.5.)
Sign, roofi Any sign erected, constructed, or maintained either on the roof, -~' .... ~::':!d'-'ng or
more than 18 inches above the roof of any building. (S~ division 2.5)
Sign. wall m,.fascia .gz~zza/2a: A sign affixed in a manner to any exterior wall of a building
or structure which is parallel to and projects not more than 18 inches from the building or
structure wall, and which does not extend ebeve4he more than 18 inches above the roof line of
Words :.--:~, ~:==~,~ are deleted, words ~ arc added.
Page 30
12/15/97
the main building or from the point where Ihe roof line intersects the parapet wall ~: :'ccfof
h%e-b~Yding on which i4 the sign is located, whichever is more restrictive. ( See division 2.5)
Used merchandise stores: Establishments engaged in the retail sales of second-hand
mcrchandisc typically consisting of household items including clothin~ home furnishings.
books and musical instruments.
SECTION FOUR: CONFLICT AND SEVERABILITY
In the event this Ordinance conflicts with any other Ordinance of Collier County and other applicable
l 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/t/z~, day of, ~!997.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
,-. BY:
ATTEST:
· ' ' filing eceived thir~'~a~' day
APPROVED AS TO FORAM AND LEGAL SUFFICIENCY
MAR(~ORIE M. STUDENT
ASSISTANT COUNTY ATTORNEY
Words :rx, h ,,t,.==g~ are deleted, words underlined are addM.
Page 3 I
12/15/97
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth
Judicial Circuit, Collier County, Florida, do hereby certify that the
foregoing is a true copy of:
ORDINANCE NO. 97-83
Which was adopted by the Board of County Commissioners on the 17th day
of December, 1997, during Special Session.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 18th day of December,
1997.
· .,.~:, '~$/~,..., ~. ~ .. 0.
~: ~_~.'~',":," ~,,
Clerk of Courts a~d}~le~k ~' i4:~ ~
' ' ,'S'" :'~-~-'
'. ~ I ' '~ ~' ~' ~-'
. ~.~. u'.~ ....,..~.~ .' ,- .'
De~ut~ Clerk . · ~f .~{ :.