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Ordinance 96-21 ORDINANCE NO. 96-. 21 A~'~/ORDINANCE ~ENDING ORD~ANCg N~BgR 9~-102~ ~K~gNDgD~ ~Hg CO~BZ~R COUNTY ~ND DgVg~O~NgNT CODg, '~Z~Z~V~RTICLE ONE THEREOF, GENE~L PROVISIONS; ARTICLE TWO THEREOF, ZONING; ARTICLE THREE THEREOF, DEVELOPMENT REGULATIONS; ARTICLE FIVE THEREOF, ~' ,.~,- DECISION MAKING AND ADMINIST~TIVE BODIES AND, ,,.. ARTICLE SIX, DEFINITIONS; APPENDIX A, STANDARD LEGAL DOC~ENTS FOR BONDING OF REQUIRED IMPROVEMENTS; MORE PARTICU~RLY PROVIDING FOR: t~ .. f'~'~ SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF~ ' '~" FACT; SECTION THREE, ADOPTION OF ~ENDMENTS TO THE ~-' IAND DEVELOPMENT CODE; SECTION FOUR, CONFLICT AND SEVE~BI~ITY; SECTION FIVE, INCLUSION IN THE CODE OF ~WS AND ORDINANCES; AND SECTION SIX, EFFECTIVE DATE. WHEREAS, on October 30, 1991, the Board of County Commissioners approved Ordinance Number 91-102, which established the Collier County Land Development Code which has been subsequently amended; and WHEREAS, the Land Development Code 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 Land Development Code, Ordinance 91-102, in this calendar year; and WHEREAS, on March 23, 1993 the Board of County Commissioners adopted Resolution 93-124 establishing local requirements and procedures for amending the LDC; and WHEREAS, all requirements of Resolution 93-124 have been met; and WHEREAS, the Board of County Commissioners in a manner prescribed by law did hold advertised public hearings on April 17, 1996 and May 1, 1996, 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: 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- 1. Collier County, pursuant to Sec. 163.3161, ~ 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. Star., 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 an 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 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. -3- 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 Development Plan, Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and through these amendments to the Code. SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE The Collier County Land Development Code is hereby amended as shown on the side sheets which compromise Appendix A, attached hereto and incorporated by reference herei'n. 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 CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances 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 drff~ day of ~*~/~' 1996. - / ..""' ............ BOARD OF COUNTY COMMISSIONERS .?' .. ....... ~,. ,. .-: - '. ~ ~ BY: ~' ~.."t ~I .'~. ,.., "~: J~ C. NOR/~IS, CHaIRMAn' ATTEST: "'=. '- ~ ~ .',~ '-~~~LEGAL SUFFICIENCY 5ecretc~ o[ tc~e'~ Ol[~ce ~h~ RM/bk/16609 ~c~ ~ -4- ORIGIN: BCC Direction. AUTHOR: Bob Mulhere, AICP, Current Planning Mgr. DEPARTMENT: Planning Services LDC SECTION: 2.2.4;2.2.5;2.2.6; 2.2.7; 2.2.8;2.2.10; 2.2.11; 2.2.21. CHA/qGE: The Board of County Commissioners directed staff to , provide an appeal directly to the Board for boat dock extension petitions and to require a conditional use review and approval for boat houses in all residential districts. REASON: Currently, any party with standing wishing to appeal the decision of the Planning Commission regarding a boat dock extension petition must pursue the issue in the circuit court. This will allow for an appeal to the elected officials, the Board of County Commissioners sitting as the Board of Zoning Appeals. Additionally, relatively few boat houses have been requested by property owners as there are less expensive ways to protect a boat, most notably an electronic lift and a cover. As areas along the water are built out, a greater number of issues concerning view blockage and maintaining view corridors along the waterway are arising. Based on the concerns of effected residents, the Board directed staff to review the permitting process for boathouses. FISCAL & OPERATIONAL IMPACTS: This change may result in some additional workload for existing staff however, fees generated by these petition will, on average, offset the cost of processing such petitions. RELATED CODES OR REGULATIONS: None. Amend the LDC as follows: Section 2.2.4.2.2 Uses accessory to permitted uses. 2. Private boathouses and docks, subject to section 2.6.21. "No further changes to this Section." Section 2.2.4.3. Conditional Uses. 1. Noncommercial boat launching facilitiesle~ multiple dock facilityies and bo~thOuses, subject to the applicable review criteria set forth in Section 2.6.21. "No further changes to this Section." Words struck throuah are deleted; words underlined are added. -1- Section 2.2.5.2.2 Uses accessory to permitted uses. 2 Private ~--~ ........ ~ docks, subject to section 2.6.21. ';No further changes to this Section." Section 2.2.5.3. Conditional Uses. 1. Boathouses, subiect to the applicable review criteria set forth in Section 2.6.21 · "Renumber subsequent paragraphs consecutively." Section 2.2.6.2.2 Uses accessory to permitted uses. 2 Private ~^~ ........ ~ docks, subject to section · 2.6.21. "No further changes to this Section." Section 2.2.6.3. Conditional Uses. 1. Boathouses, subject to the applicable review criteria set forth in Section 2.6.21. "Renumber subsequent paragraphs consecutively." Section 2.2.7.2.2 Uses accessory to permitted uses. 2. Private boathouses and docks, subject to section 2.6.21. "No further changes to this Section." Section 2.2.7.3. Conditional Uses. 1. Boathouses, subject to the applicable review criteria set forth in Section 2.6.21. "Renumber subsequent paragraphs consecutively." Section 2.2.8.2.2 Uses accessory to permitted uses. 3 Private ~--~ ........ ~ docks, subject to section 2.6.21. "No further changes to this Section." Words struck throuqh are deleted; words underlined are added. -2- Section 2.2.8.3 Conditional Uses. 3. Noncommercial boat launching facilities and boathouses, subject to the applicable review criteria set forth in Section 2.6.21. "No further changes to this Section." Section 2.2.9.2.2 Uses accessory to permitted uses 2 Private ~-^~ ........ ~ docks, subject to sectio~ 2.6.21. "No further changes to this Section." Section 2.2.9.3 Conditional Uses. 1. Boatyards, boathouses, subject to the applicable review criteria set forth in Section 2.6.21, and marinas. "No further changes to this Section." Section 2.2.10.2.2 Uses accessory to permitted uses. 2. Private bcathouscs and docks, subject to section 2.6.21. "No further changes to this Section." Section 2.2.10.3 Conditional uses. 1. Boathouses, subject to the applicable review criteria set forth in Section 2.6.21. "Renumber subsequent paragraphs consecutively." Section 2.6.21. Private Boathouses and dockS. 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. Permitted dock facility protrusions~ as well as extension of dock facilities, are measured from the property line, bulkhead line shoreline, seawall, rip-rap line, o__r Mean High Water lineI, whichever is more restrictive. Additional length/protrusion beyond said respective distances specified in sections 2.6.21.2 and 2.6.21.3 Words struck throuqh are deleted; words underlined are added. -3- may be requested and shall require public notice upon which the Planning CommisSion takes ~ction, ~urSuant to Section 5 2.11 of this code, an aggrieved petitioner or adversely affected property owner may appeal such final action to the Board of Zoning Appeals. The Board of Zoning Appeals may affirm, affirm with conditions, reverse or reverse with conditions the action of the Planning Commission. Such appeal shall be filed with the Community Development and Environmental Services' Administrator within 14 days of the da~e of the action by the Planning Commission and shall be noticed for hearing with the BOard of Zoning Appeals pursuant to the procedures and applicable fee set forth in Section 1.6.6 of this Code. 'Regardless of the length of protrusion, boathouses proposed on residentially zoned properties as defined in Section 2.1.14 of this Code, shall be considered a conditional use and shall be approved by the Board of County Commissioners pursuant to the procedures set forth in Section 2.7.4 and shall be reviewed based on the applicable criteria referenced therein, as well as the applicable criteria found in Sections 2.6.21.1.1 through 2.6.2.1.10. of this Code. 2/s/96 Words struck through are deleted; words underlined are added. -4- EXttIBITA 100' WATERWAY 15' 15' LOT 1 80' 60' OR LOT 6 TYPICAL MORE 15' 15' ' 7.5' //I ', 7.5' LESS 50' THAN 60' LOT 3 LOT 4 TYPICAL SETBACK REQUIREMENTS FOR DOCK FACII. ITIES R.L.=RIPARIAN MNE ORIGIN: Customer Service ALPI~HOR: Joyce Ernst DEPARTMENT: Building Review and Permitting LDC SECTION: Section 2.2.3. & Section 6.3 , CHA~TGE: Change one of the front setbacks for corner conforming lots in Golden Gate Estates. REASON: Corner conforming lots in Golden Gate Estates are consumed with setbacks. The width of a corner lot (150', 165', 180) is measured to the center of the road. With the required setbacks on the long side of the lot, a 30' r/w easement, 75' setback and a 30' side setback0 very little buildable area is left. A lot which is 150' to the center of the road has 15' to build on, or .18 acres, a 165' wide lot has 30' or .37 acres and a 180' lot has 45' or a buildable area of .55 acres. FISCAL & OPERATIONAL IMPACTS: As the ordinance is written now, it causes a hardship on the public who own and build on corner lot in the Estates area. Amend the LDC as follows: Section: 2.2.3.4.3. Front yard. 75 feet, except in the case of conforminq corner lots, in which case only one full depth set backshall be required, along the shorter lot line alonq the street. The setback alonq the longer lot line may be reduced by up to 50 percent. Note: For lots which do not cQnform to the minimum lot width or area requirements, see definition of Yard, front. Division 6.3 Definitions. Yard, front: The required open space extending across the entire width of the lot between the front building line and street right-of-way line. Where double frontage lots exist, the required front yard shall be provided on both streets. Where corner lots of record existed prior to the effective dane of adoption of Collier County Ordinance 82-2[January 5, 1982], which lots do not meet minimum frcntaqc lot width or area requirements established in this code, (1) only one full depth front yard shall be required, (20 all other front yards shall not be less than 50 percent of the otherwise required front yard ... ~Words underlined are additions; Words struck through are deletions. -1- ORIGIN: Board of County Commissioners & Planning Commission AITTHOR: Fred Reischl, Planner II DEPARTMENT: Planning Services Dept., Current Planning Section LDC PAGE: LDC2:36 LDC SECTION: Section 2.2.11, Travel-Trailer Recreational Vehicle Campground District (TTRVC) , CHANGE: Addition to allow the Community Development & Environmental Services Administrator to approve exceptions to the size limits for accessory structures in the TTRVC District to allow handicap accessibility. A variance approved by the Board of County Commissioners is currently required. REASON: Directed by the Board of County Commissioners FISCAL & OPERATIONAL IMPACTS: Operationally, the review process will change. instead of review of a variance petition and public hearings before the Planning Commission and the Board of County Commissioners, the proposed change will require only administrative review by staff. Fiscally, the County would not collect the $425 variance application fee, but staff review and processing time would be drastically reduced. RELATED CODES OR REGULATIONS: Americans With Disabilities Act. 2.2.11.2.2 Uses accessory to permitted uses. 1. Uses and structures that are accessory and incidental to the uses permitted as of right in the TTRVC district. 2. One single-family dwelling (not a TTRVC unit) in conjunction with the operation of the TTRVC park. 3. Accessory uses and structures customarily associated with travel trailer recreational vehicle parks, including recreation facilities (both indoor and outdoor), administration buildings, service buildings including bathrooms, laundries and similar services for =~'esidents of the park, and utilities. 4. Accessory uses and structures customarily associated with travel trailer recreational vehicle lots, including: a. Enclosed utility/storage area of the same siding material and architectural style as that of the associated recreational vehicles Words struck through are deleted; words underlined are added. -1- not to exceed an area of 60 square feet. Any utility/storage area shall be located adjacent to its associated recreational vehicle and made a continuous part of a screened-in porch where such a porch is attached to the vehicle as herein provided. Where utility/storage areas are made a continuous part of a screened-in porch, the area of the utility/storage area may not exceed 25 percent of the area of the screened-in porch or 120 square feet, whichever lesser. The Community Development & Environmental ServiCe~ Administrator may administratively approve an exception to a~cessory structure size limitation where such exception is necessary to alj.ow for accessibility,. in acGordance with the specifications set forth in Section 4 of the Americans with Disabilities Act (ADA), to accommodate a physically handicappeel individual. b. For recreational vehicles fixed by a permanent anchoring system, a screened-in porch elevated or at ground level with a solid roof structure, architecturally compatible with its associated recreational vehicle, not to exceed an area equal to the area of the recreational vehicle to which it is attached. Said screened-in porch shall provide for any site utility/storage space requirements as herein provided and shall not contain any other interior walls. All such screened enclosures must be permitted and constructed according to this code and applicable building codes. Exterior walls may be enclosed with screen, glass or vinyl windows, except that the storage area shall be enclosed with the same material as the principal unit. 5. Campgrounds containing 100 spaces or more shall be permitted a convenience commercial facility no greater than 15,000 square feet in total land area. This facility shall provide for the exclusive sale of convenience items to park patrons only, and shall present no visible evidence of their commercial character, including signage and lighting, from any public or private street or right-of-way external to the park. Doc. Ref. # 14566/md 2/5/96 Words struck throuqh are deleted; words underlined are added. -2- ORIGIN: Staff AUTHOR: Barbara S. Burgeson, Environmental Specialist II Stephen Lenberger, Environmental Specialist II DEPARTMENT: Planning Services Department, Current Planning Section LDC SECTIONS: 2.2.24.9 through 2.2.24.14 · CHANGE: Addition of an Exemptions Section to encourage exotic vegetation removal, fire management and the removal of non-native vegetation on ST and ACSC-ST designated land. Re-number sections of the Land Development Code as indicated. REASON: 'The proposed changes would simplify the ST Permit review process and encourage restoration of these environmentally important lands. FISCAL IMPACT: No fiscal impact to the County. Less Staff time and resources would be required for review and approval of these permits as compared to the current procedure. RELATED CODES: The applicant will still need permits from applicable Federal and State regulatory agencies. 2.2.24.9 Exemptions. The followinq activities shall be exempt from the requirements of section 2.2.24.5 and 2.2.24.6. 1. Removal and control of exotic veqetation as defined in section 3.9.6.4.1. 2. Prescribed fires and associated firebreaks as approved by the Florida Department of Forestry. 3. Removal of non-native veqetation pursuant to Section 3.9.5.2.6. The addition of the Exemptions Section requires the remaining sections to be renumbered beginning with the original section 2.2.24.9. Section 2 2.24.9 becomes 2.2.24.10 Section 2 2.24.10 -. 2.2.24.10.6 becomes 2.2.24.11 - 2.2.24.11.6 Section 2 2.24.11 becomes 2.2.24.12 Section 2 2.24.12 becomes 2.2.24.13 Section 2 2.24.13 becomes 2.2.24.14 Section 2 2.24.14 becomes 2.2.24.15 Words struck throuqh are deleted; words underlined are added. -1- ORIGIN: Current Planning AITTHOR: Bryan Milk, Project Planner DEPARTMENT: Planning Service LDC PAGE: 2:119 · LDC SECTION: 2.3.4.12.2 CHANGE: Addition of clarifying language and iljustration of typical off-street parking design to explain and iljustrate measurements for typical off-street parking. REASON: Durihg the site development plan and building permit review process, the location of parking bumpers and striping is typically iljustrated incorrectly. The proposed change will provide the development community with specific off-street parking standards and iljustrations. FISCAL & OPERATIONAL IMPACTS: This amendment should have little or no fiscal or operational impact on the County. RELATED CODES OR REGULATIONS: None. Amend the LDC as follows: 2.3.4.12.2 Minimum space size. Each parking space shall be a minimum of nine feet by 18 feet in size or sixteen feet in depth measured from the isle width to the face of the wheelstop except for compact parking spaces allowed within section 2.3.4.12.3. See Exhibit "A" for typical off-street parking desiqn. Doc. Ref. # 14650/md 2/5/96 I words struck throuqh are deleted; words underlined are added. -1- ASPHALT PA¥~MENT T'~ ASPHALT PAVEMENT -~ . SECT A-A ~'FACE ~ CURB ~FAC~E ffi [ j E.O.P. IF NO E,O.P. IF NO CURB 10 SPACES (MAX.) BE~EN LANDSCAPE ISLANDS COMPACT J PARKING J mCN ONLY J ~ SPACE F*'~ ~ .... ~~) ~-~ ~.~ W~O ~EEL ST~S ffi PAYMENT ~ERE RAISED ~RB ~RFA~ ~D 5' 51DEW~ ~ ~ - 4' - ' - J J ~ ~ mi ~ To~ ORIGIN: Current Planning AUTHOR: Bryan Milk, Project Planner DEPARTMENT: Planning Services · LDC SECTION: Division 2.3. Off-Street Parking and Loading CHANGE: During the comprehensive review of parking standards resulting in various recommended changes, references to Various sections within Division 2.3 were inadvertently omitted or unchanged. REASON: Staff's request corrects the incorrect citations to various sub-sections within Division 2.3, pertinent to off-site parking regulations. FISCAL & OPERATIONAL IMPACTS: The recommended changes will not have an operational impact on the County. The review process will not change, only some of the standards and requirements. RELATED CODES OR REGULATIONS: The Collier County Administrative Code and the Building Code. Amend the LDC a~ follows: 2.3.4.11.1.c.2. When off-site parking is located on property contiguous to the property on which the business or use is intended to serve is located and is in excess of the minimum amount of parking required pursuant to section 2.3.1~ 2.3.16 of this code. 2.3.4.11.5. Where the following special circumstances exist, the community development services administrator or the board of zoning appeals, whichever is applicable, may reduce the requirements of section 2.3.4.11.2.b and/or section 2.3.4.11.2.d. These s~cial circumstances shall include, but shall not be limited to: a. Where the proposed off-site parking will serve water-dependent and/or water-related uses; b. Where the proposed off-site parking will serve temporary parking for sports events, religious events, or community events as described in section 2.3.14 2.3.16; c. Where the proposed off-site parking will serve uses within the Immokalee central business district as described in section 2.3.~1.4 2.3.23.4; 2.3.4.11.8. Each off-street parking space must be directly accessible from a street, alley or other public right-of-way and all off-street parking facilities must be so arranged that no motor vehicle shall have to back onto any street, excluding single-family and two-family residential dwellings and churches approved under section 2.3.14 2.3.16. Sec. 2.3.5 Qff-street parking: shared parking. For the purposes of this section, shared parking shall be defined as: off-site parking on property that normally is not under the same ownership as the structure or use the parking is designed to serve and consists of joint parking, where parking serves and is credited for land uses on two or more properties, and/or leased parking, where credited parking · space is excess to the parking requirements of the lot on which it is located based on section 2.3.14 2.3.16. 2.3.5.3.2 No shared parking space shall be located further uhan 300 feet from the buildings or .uses they serve unless special circumstances exist including, but not limited to: 1. Where the proposed off-site parking will serve temporary parking for sports events, religious events, or community events as described in section 2.3.14'2.3.16; 2. Where the proposed off-site parking will serve uses within the Immokalee central business district as described in section ~A23234; Sec. 2.3.9. Off-street parking: minimum requirements. Irrespective of any other requirement of this code, each and every separate individual store, office, or other business shall be provided with at least one off-street parking space, unless specific provision is made to the contrary. The Planning Services Director may determine the minimum parking requirements for a use which is not specifically referenced below or for which an applicant has provided evidence that a specific use is of such a unique nature that the applicable minimum parking ratio listed in this Code should not be applied. In making such a determination the Planning Services Director may require submission of parking generation studies; evidence of parking ratios applied by other counties and municipalities for the specific use; reserved parking pursuant to Section 2.3.14 2.3.16; and other conditions and safeguards deemed to be appropriate to protect the public health, safety and welfare. Sec. 2.3.16. Off-street parking and stacking: required amounts. Words underlined are additions; Words struck throuqh are deletions. Vested projects: All types of site development plans that have been formally submitted or approved by January 29, 1991, will be exempt, at the election of the applicant, for the new ~ ~A 2 3 16 as lon~ as parking requirements of section 2..~ ..... commencement of construction occurs on the project by January 29, 1992. Furthermore, amendments to these exempted site development plans will also be exempted, at the election of the applicant, but only where the amendments are considered an insubstantial change per section 3.3.7. For this subsection, "commencement of construction" means the physical act of constructing or installing on or in the property substantial infrastructure as approved in the final approval of the site development plan. Where this paragraph conflicts with any portion of section 1.5.2, this paragraph shall prevail over section 1.5.2. (Ord. No. 92-73, § 2; Ord. No. 94-27, § 3, 5-18-94) 2.3.21.4. For facilities in section 2~3~lg~2,3.21..~not of sufficient size to meet the minimum requirements set forth therein, each such facility shall provide off-street loading on the property, in accordance with section 2:3.192.3.21, to insure that no deliverie~ or shipments of goods or products will require the use, however temporary, of any public right-of-way or required off-street parking space for the parking of a delivery vehicle. 2.3.23.1.1. Existing uses. Uses in existence as of the effective date of this code are exempt from the minimum parking requirements as set forth in section 2.3.142.3.16 except that existing uses shall not reduce the ndmber of spaces below that which is provided as of the effective date of this code. 2.3.23.1.2. Expansion. The expansion of any use shall require parking at 50 percent of the minimum requirement as set forth in section 3.142~2.3.16, for the expansion only. ~ 2.3.23.1.3. Change in existing use. A change of any use shall be exempt from the minimum parking requirements as set forth in section ~ 2.3.16 up to an intensity level of one parking space Fer 100 square feet. A change of use to an intensity of greater that [than] one space per 100 square feet shall require parking at one parking space per 150 square feet. Words underlined are additions; Words struck throuqh are ~ deletions. 2.3.23.1.4. Uses in new buildings. Any use in a building 6onstructed after the effective date of this code will be required to provide parking at 50 percent of the minimum requirement as set forth in section ~-_~2.3.16. 2.3.23.2.1. Existing uses. Uses in existence as of the effective date of this code are exemOt from the minimum parking requirements as se~ forth in section ~2.3.16 except that existing uses shall not reduce the number of spaces below that which is provided as of the effective date of this code. 2.3.23.2.2. 'Expansion. The expansion of any use shall require an addition to any parking of the minimum number of required spaces as set forth under section 2.D.I~2.3,16, for the expansion only. 2.3.23.2.3. Change in existing use. A change of any use shall be exempt from the minimum parking requirements as set forth in section ~ 2.3.16 up to an intensity level of one parking space per 100 square feet. A change of use to an intensity greater than one parking space per 100 square feet shall require parking at 50 percent of the minimum requirement as set forth under section 2.D.142.3.16. No change in use shall allow for a reduction of the current number of parking spaces provided. 2.3.23.2.4. Uses in new buildings. Any use in a building constructed after the effective date of this code will be required to provide parking at 67 percent of the minimum requirement as set forth in section 2.D.I~2.3.16. 2.3.24.1.1. Existing Uses: Uses in existence as of the date of approval of this amendment (April 19, 1995), are exempt from the minimum parking requirements as set forth in Sec. ~ 2.3.16 subject to the following conditions: 1. Existing uses shall not reduce the number of spaces below that which is provided as of the effective date of this amendment. Words underlined are additions; Words struck through are deletions. 2. The Strip of Parking located along the eastern edge of Marco Lake Drive is designated Public Parking, no storage of commercial vehicles or overnight parking shall be permitted thereon. 2.3.24.1.2. Expansion or New Development: Parking to support any new development within the boundaries of the MLDBD shall be provided at seventy-five percent (75%) of the minimum requirement as set forth in Sec. 2.3.14 2.B.16 for uses which have a parking intensity of one (1) space per two hundred (200) square feet or less, for the square footage of the expansion 'or new construction only. Any expansion or new construction for uses having a parking intensity greater than one (1) space per two hundred (200) square feet shall provide the minimum parking required as set forth in Sec. ~ ~ ~ 2 3 16 Any expansion or ~new construction shall include the on-site installation of parking for the disabled as provided for in Sec. 2.3.202.3.22 of bhis Code. 2.3.24.1.3. Change in Existing Use: A change in any use shall be exempt from the minimum parking requirements as set forth in Sec. ~ 2.3.16 up to an intensity level of one (1) parking space per 200 square feet. A change of use to an intensity of greater than one (1) space per 200 square feet shall provide parking for the use as set forth in Sec. 2.3.1~ 2.3.16, and shall provide on-~ite parking for the disabled as set forth in Sec. 2.3.20 2.3.22 of this Code. ~ OFF-STREET PARFING/md/14726 Words underlined are additions; Words struck through are ~ deletions. ORIGIN: BCC direction. AUTHOR: Chahram Badamtchian, PH.D., Senior Planner DEPARTMENT: Current Planning Section, Planning Services Department LDC SECTION: 2.5 & DIV 6.3, Definitions CHANGE: The Board of County Commissioners, on various occasions, has directed staff to review the existing sign code on a comprehensive basis, bringing forward changes as may be warranted. The Development Services Advisory Committee also requested that staff review the sign code. In some cases, the Board direction was very specific. For example, staff was directed to provide for greater flexibility to allow for more than one wall sign for a single large retail outlet, thereby allowing separate identification for specific entries such as a pharmacy, garden center, automotive center, and so on. This issue, and others specifically identified by the Board have been addressed and recommendations are contained herein. IN ORDER TO PROVIDE GREATER CLARITY AND EASIER READING, THE ENTIRE EXISTING SIGN CODE HAS BE~ STRUCK THROUGH, AND THE ENTIRE RESTRUCTURED, REVISED SIGN CaDE UNDERLINED. WHERE SIGNIFICANT CHANGES IN THE LANGUAGE, PURPOSE OR INTENT HAVE OCCURRED, SAID CHANGES HAVE BEEN HIGHLIGHTED (BOLD PRINT) FOR YOUR ATTENTION. FISCAL & OPERATIONAL IMPACTS: The changes proposed to the LDC will require additional code enforcement staff to address and document all existing prohibited signs and to ensure removal within time frames provided for in this amendment. There are a significant number of prohibited signs (estimated to be as many a several thousand) which must be removed. According to the Code, these signs must be removed within 90 days or according to an amortization schedule based on the value of the sign. Most likely, this will not happen unless property owners are notified and this will certainly require investigation, preparation of cases, and in some instances, prosecution before the Code Enforcement Board. It is estimated by the Code Enforcement Director, that in order to successfully take a proactive approach to this issue, it will be necessary to add three full time Code Enforcement Investigators to deal solely with existing and future illegal signage. This need will be on a temporary basis, estimated not to exceed two years. If contract employees are hired an estimate of the fiscal impact is $150,000 (3 temporary full-time employees at $25,000 per employee per year for 2 years). This would allow the existing Code Enforcement Personnel to increase productivity as they will not be involved in sign code violations/cases. Presumably some portion of the costs associated with additional enforcement personnel will be offset by revenues from fines for violation and after the fact fees for permits for those existing signs which are permissible but for which no valid building permit exists. RELATED CODES OR REGULATIONS: None. Amend the LDC as follows: Words struck throuqh are deleted; words underlined are added. -1- "^- 2.5.1. Titlc and This dlvis~^- eha4-~e k-mew~ em~ may ~e citcd ae ~^ "Ccll .... ~ ~ Applicaq~ility · '"~ ........ ~ ...... ~ ~" ~ .... ~" Florida ~- 2.5 3 Cone=el finding~ ~ ....... ~ numbers --~ sizes ~ ~ ~ ~} ~ certain types ~ ~-'~"- ~-~-~ ~ attention ~ motorists pedestrians.,. ~ interfere ~ traffic safcty~ -The indiscriminate erection ~ ~ ~ .... ~ ~ attractiveness ~ ~ natu~fat ~ Mnmadc -~"~"~- communit.~ ._~ ~~ ..... A~_~_~_ ~ econom~ value tourism, vi"~-~ .... ~ ........ ~ ...... :" "rowt~ ~ interpreted, ~ ~mplcmcnt the goals, policies ~ ~ management a~ .... ~ ..... ~ ~ ........ ~" ~ ~ntrcllin- ig "~ communicatc to thc "~ ~ ~ ~ ~ use wh~ ~ ~ 5 4 1 ~ .... ~ "~ ~ surrcun~in~ 2 5.4 2 Dcsig~ constructed, ~"~~ and maintained e manner e ~ not ~-~ ........ ~ic safct~ ~ ~-~-~ motorists. pertain. ~ ~ ~ ...... ~ ~ ........ sufficient ~nfcEmaticn .... ~ ..... c~cr F ....... e ~rviccz ave ...... ~ .... proper ,. activities "~"~"~ ~ ....... * .... ~ ~mall ...... 2.5 4 5 n~ivc ~ ~ ~-~ .... ~ .... ~"~*" Scc 2.5.5 "~ ......... ~ from permlttln~ The ~"~"~ ns arc ...... ~ ~-~- ~ ~ this cod~ e~ shall ~ permitted ~ all districts ~.5.5.1. Signs ~ 2.5.5.2. dircctionat s ns, ............. g ....... fcct 4-H area,- , signs arc podted. ~ = = ~ ~-^ ;~^-~"~^-~"^- ign prcfcssionat late occupational -~-- ~ ..... ~ professional -~-- -~-~ flush against ~ buildin- ~--~ mailba~ ...... : ........... ~ ~ occupant an~ ~ ~e occupant'~ 25,5.4 ~ plaques, corncrztcne~ ~-~--~--~ and similar + ..... ~ ccmmcmcrativc ~ ~ ~ mamonry surface e ~ constructed ~ bronze e other ncnccmbust ibl c - - ~ -- ~ - ~ .2 5 5 ~ ~ ~ _4~_~ ~ ....... ~' for such shall ~ ....... ~" ~"~ .... ~ .... ~-~ ~-~ crcct~ ~ ~ ~catcd eH .... s for sale an~ ~ 2 5 5 r I n__ grcu~ e ~ "For ~-~- " "F~ n--~ ...... c,nc acre in ........... ~mum ~ ~ square ......... square 2 5 5.6 2 ~-~ ground ~ ~ "For $alc," "F~ ~-~ acrc or largcr in zizc~ Nonrczidcntial ~iztrlctz~ ~ ~ ~ ~ fcct sizc~ ~ diztricts~ ....... ~um ~ ~ ~ ~ = = ~ ~ ~e ~ ign; .... ~-~ hamas in ~n~uncticn ~ a + ................. ~ ~ any zoning address, F ...... , F .... , ~, ~.5.5.~.4. ~e ~ open house ~ign no~ ~ exceed {our ~uarc feet ~ size ~,,_~ _4__ cha~ --~ ~ located Wi-t-hi-H {-~ fcct e~ any p~epcrty line, right-cf-~'ay ear 2.5~ 5. ~. 5. ~cal estate ~ ~hal~ bc removed c~ncr~hip has ~ .... ~ ~- ~ ty ...... ~ ........ proper ~ ~ longer ~ ~Ic, sold e icesod shall ~ct ~ displayed fo~ more t,han ~ ~ ~ ~ ~ ~ ~ is erected .2.5.5.7. ~ boards and idcntificatio~ signs for ~"~ ~ ~'~ educational ~ ~cligi ~catcd ~ ~ ..... ~" ~ ~id ~'"~"~ ~-~ and ......... ~ ~ square .... in-size. railroad crczcing ~,~, ......... ~ .... 2 5 5.9 ~ ....... ~ ~ ccmmcmcrative dcccraticn~ ~ that such ~ ~ --~ 4 ~ ~-~ ~. -~ ...... ~y ~ ccmmcrcia~ ~vcrtising ~ ....... th~ ~ch s ~ a~ -~ than rn ~ 2 5 5 I0. ~ merchandise ~"~ .... ~ich .... ~ .... ~ ......... , mcanlng no ,. d y~, ~~,,~J ~,,~,, every a 2 5.5 II Si"ns ~*~ ~ ~ ~trance ~rive ~ residences located ~ ~ lots e greater, ~;"-~"~" ~hc fcct in 3rca. 2 5.5 12 ~--- ~--~--~*- ~ governmental, ~-itablc fraternal ~ other ...... ~:~ or-anizaticnc fl~gpc~ that does not exceed ~ feet ~ height ~bove finish attached *- are ~ ~ ~ ..... ~-- ~ ~ags does --~ ...... ~ these ~ .... ibed ~ ccctlcn 2 5.8 17 and ~lcs ~ net require e ccrtifi~ dcclgn ~ ~ scaled ~ e 2 5.°.~ 7 ~"'~ '~' ~ ..... ~rai~ --- ~ .... ~'- vehicle ~ ..... ~ .... ~ ~ 2 5 6 16 ~ this ~ ............ ~ not violate section . . . ligi :--~ .... that ~ no~ .... 2 5.5.14 Re c~:z d~v~.z , structure, or ~angcs ~ e ~tcrmincd ~ {~ less than 2 5.5.16. COpy ...... ~ ..... she ng .~., billbcar~ or ~rquccc that ~ .... {cutins ehan-~ -~ 3.5.5.17. ConstructloB ~ --A-lax support9 ~ e~Fa~ signs shall ~e securely ~ailt, .... ~ .... ~-~ ~ ~~ ~ chal~ ~ located ~ ~ ~ e ccnstructio~ ~ ~ ~ ~an 2.5.5.17.1. e~ ground e ~ ~ ~ ~ used ~ ~ acre ~ ~ "~ "~ - .......................... : ~ ~ ~ ~uarc fcct -~-~ ~ e ~-~-~ yam ~ ~ maximum ~ ~ squa~ feet of the .... ~ ............. str ctu ~. m ~ ~/uarc size within e ~n~ yard ~ e ~ ~ fc'a= square 2 5 5 17 2 ~ ...... a construction ~ ~ the general ~ntractcr ~ the ~ .... ~ ..... ~ ~ each ~'ont yard ~ each ~~ e acre ~- ~ ..... in size: Residential districts: ~e ~ ~ ~~ fcc~ size ~ each front yard ~ a maximum ~ ~ square feet ~ the permit 2.5.5.17.3 .. ~e grcun~ e wall sign may ~ used ~ .... ~ .... ~- sign ~ e ~--~ ~-~- i titutlcn other s ........ company ......... ~ ~ ~ , re~ard~ .... ~ ..... ~ size: ~ ecning districts: Maximum ~ four ~ ~cct ~ each ~ ....... ...... yard ~ a maximum ~ four ~ 3.5.5 17 4.. ~ construction ~ ....... ~ ~movcd ~ ~ i ........ ~ certificate ~ occupancy~ ~ when ap~rcvcd t{mporary .2.5.5,1~ ~ ~ ~njuncticn ~ ~ ~ sc=. 2 5.~. Prohibited s It shall ~ e~ful ~ .... ~, ....... , .............. , any ~ ex-rcssl- authorized ~ ~ ~ from ~ e The ~ I d adopted ~ .... ~ ~ ~- ~ temperature signsT not flash on'and off --c --~ ~--~-- ......... ~ zign~ 2.5. ~, 6. I~ ~"'~ --'~ ~ ~ any rczidcntially .... ~ dlztrlat, ...... ~ rczidcntia~ idcntifiaaticn residential namc~late~ a~ st~ ' e ~ ~- ~ ~ rcoldcntlally used e~ ~o~ district ~ provisional use, PUD ordinance, ~ a~ ~~ provided ~-- ~ ~ .... ordinance, shal~ ~ ~ ~ ..... ~ ~.,-:-~ ~ ~ ~ ~ ~ ~ ......... ccmmun Goryices cncrocchin~ upc~ ccunty e~~ ~ ..... rights-of- ~y~= ~ ~ m~ ~ permitted "-~- ~ ..... ~" ~ ~-- ~-~ ~ ..... ~,v~ ~ ~ ~cnded, '"~ ~e .... ~ ~ a governmental agency .... ~ ................. ~ a .......... ~-~ agency III. 2 . 5.6.9 . &trip ~ ~ ~ ..... signs, 2 5. S. 10 Neon type signs except ~:ithin ~ ~ ~ ....... ~ -~ 2 5 6. ~ ~ ~ '~ ~ ig 2.5.C.13. ~ e resemble ~ official eign e~ marker ....... ~ ~ ............... agency, ~ ~hlch ~cason functlcn ~ ~ traffic sign ~ ~ .... , ~ ~e ~ e ~-~ ............. , ............. , ~ illumination which may ~ ....... ~ ..... ~ .... ~ "~ ~ construed ~,,-~: .... ~-~ .... ,, ~ ~- .~ conceal, traffic control device. State ~ reference-Display ~ unauthori--~ {raffic 2 5 ~ 14 ~ ......... ~" referred ~ ~ snipe ~ign~, --~- ~ any ~-~-~ ~atcccvcr and attached ~ any way ~ ~ ...... located e situated e public ef private propcrty~ except ~ section 2.5.3.2, ..... ~ .... : ~-~ ...... w4~ ~he unineeE19er~ee~ arca~ ~ ~ ty .~ ~e cpcrate~ or -~- ~ th~ ~ ....... rcquir~ ~ section ~2.5.1~ havin~ ~cn ~~ ....... ~" development ~ administrat~ e ~ ~czigncc ......... ~ ~n ~ccticn ~ shall nclude ~u~ ~ ............. ~ .... 2 5 6,17 ~-" ~zcription ~ ~prczcntaticn, ~ whatever it~ 2.5 5 ~17. i~ ~ patently of fen=ire ~ ~ntcm-crar" standards in the adult ....... ~" ............. : ~ a whole ~ respect what is -"~'~ sexual material '-- -~ ..... and artistic, "~"~ "~"~ .... ..... ~mlts ~dible ..... ~ --~ matter. 2 5 ~.18 2- ~-~ .... ~-- conceals hides ~ ....... from view ..... ~;~ ~ -~ traffic e .......... si hal, ~ .2 5 6.18 3 ~-~ ..... ~ ~ ~ k .... v~ "~ b] ~ moving ~: .... ~ ~ ~" ~ motion ' .... ~"~:- time ~ ...... ....... ~ .... intaincd ~ M ~ ~bstruct any fircfighti-~ cquipmcnt, ~ ~oor~ ~ opcning uscd ' re uircd ~ ........ ~ ~-~ --~ vcntilaticn. any- cpcning q ~, ~ ~ .... ~ ..... ~nstitutcs e traffic hazard,: ~ ~~ traffic safct" ~ ~ ~~ movement, ~ ~cascn ~ its ~ ~ "~ ~structing or distracting ~e '.'isi~ ~ drivers .... ~ revolving ,,~ .... , e the ~ ,,~__ ,, ,,~__~.,, .n ..... ,, 2 5 ~.18 7; ~-" ~ ~ advertises ~ ' ' , except ..... ~ ~ ~ ~,ithin cede. 2.5. ~. 19. ~ ~ "~ ~ ~ placed e permitted ~ a use e ~ ~. ~ ~ zoning district except ~ ~ e~ -cliticat signs, ee s~ ........ ~ by tcmpcrary .... · '~ ~urzuant ~ ~ ~-~ ~-:~-~:o~~ forth 2.5.~.21 Accent lighting M ~-~:--~ ~ ~:- ~-~ .... doers --a ~~ or attached %0 ~' ..... and vertical corners of structures. 2.5.G.3~. ~ .... ~ ~ghting e e ~ cc..~.~crc~-~ buildings ~ No.= ~ ~ ~ Ord No. ~ ~ ~ Ord.. ~ithin six months ~ enactment cf ~ ~ ..... ;~ within section ~ ~ 1991), ~ ~ ~ ~ 2;5 n .~ ' ~re~sl" ~:~-~ ~ ~ = ~ ~cir ....... ~ ~ -- ~ .... ~ ...... ~- ~ ~ ~ ....... ~ ~ ~ days ~ ~ --~ ~ the ~crtizaticn period, ~ ~ ~cticn 2.5.9. D. ~rd Nc. 92 7~ : 2' ~ ~'~ ~-~ ~ 8CC. '2 · 5. S. Pcrmitt~ signs ~ ......... ~ s ~ arc F .......... , ~po~ iS~a~CC ...... ~ pcrmlt ....... ~ ......... rcstr et. cns 2 5 ~ I ~ee $1gns~ = On-premises pcle-; ......... ~gns,. ~g signs, ~ signs, --~ Mnsard signs ~ ~ ~ all ~nrcs!dcntially .... ~ d;-~-:-~ .... ~4--~ ~c restrictlens ~. 5. S.i.I. Pole ~ ground signs ~- Singlc-cccupancy ~rcels, shaping -~-~--- c~;*~ ~ ~"-: ....... ~"~' ~ ~ -~ shall ~ ~crmitted ~' ~ F ........... , ~ e p~, ~ ~ ground signs.c. In addition, ~ occupancy parcels suc.h ~ ............ ~-~r area ~ ~ pcrmittc~ --- _~ sign ~ e maximum size ~ ~ .~ ............ ~ Maximum allowable ~ign --ca: IC0 square ~ ..... - ..... ~ ~ e e maximum combined ar~ ~ 120 ~ ........... ~ ........ ...... ~ ~ .......... ~ directory sign~ ~ ~ fcct from any property line, public private rig~ht-cf-way, or easement,= ~ the .... ~ ............... ~ ~ which ~ ~ located ~ the madlass e~ private s~Peet-e e~ ~ prcvidcd ~^ir ~ocatien ...... ebctructicns, e~ ~- ..~ hazards t-e ~ Maximum ~ hci"ht~ ~ ~-~ ~ chall measured from the ~ centerline e ~ the ncarc~ ~blic ~ private ~ e casement ~ ~ ig ...... uppcrmcst pertion ~ the s n structure.. ~ maximum ~ "~ ~ ~-~-~i~ -~-~ ~ ~ sign etructure. = role e~ ground ~ ~ ~ placcd eonstruction ~ ~ct marc ~han one ~:--~ ...... ~ct ~ floodlights ~all ~ pcrmitted ~ ~d away from any right-of-way. 2.5.8.i.2~ ~elC ~ ~ .......... ......... .... ~olc ~ rm ttcd more ~ e public street. -~a~---, ,~,- e~ ~ ~ ~ permitted provided ~-~ t,hcrc ~ e minimum e e ~ ~ ~ ..... such ~ ~ ..... ~ ' ~ ~ ..... ........... ~,,., ....... setback ~ arc -~ In ~ casc ~ ~ ..... ~- ~ ~ ~ gr~ signs exceed ~ .... ~-~ ~-~-~ .... Additional~ .... ........ y, .... dircctoEy sign with e maximum si"~ ~ ~=n squats ~ ~ ~ .... Maxim~ ~ ~ area:: lOS square feat, Sctbacks~ ~ feet from ~ property ~ ~ ..... ~;"~ ight-s -way, ~ ...... r f ~ ~ exce- on ,,~ providcd ~cir location ...... ~ ~ obstructions ~ ~-~ic ~ ..... ~ ~ motorists pedestrians. ~ Haximum ~ ~ ~ ~ -~ · ~ ~ ~ ~ ~ the scarant public ~ private right-of-way ~ ~scmcnt ~ ~ ~ uppcrmcst -~-~ ~ str~ct~re. T,hc maximum siz= limitatisn c,hall apply ~ ~ ~ grcun~ signs may ~ pl=ccd back -~- sidcr ~ .... ~ ~ck, ~ not ~ ~ ..... display ~ ~ ~--~ such sign structure s~hall ~ .... : ~---~ ~ one sign. ~ ~--~'~-~" shall ~ .... ~'~ cnl .... ~'~'l .... F~-''' ..... ~"~ e'~ ~ e ....... ~ "~'" shall ~ permitted ~ ~~panc? parcel, ~ f~ cash establizhmc~ ....... ~.~ occupancy ....... . ~ .... , ............. ~ occupancy ..... ~ ~-~i ~ ~ ~ signs, ~ut such ~ shall ~-~ wall ..... ~ ..... visual facade ~ ~- ~,'~ --~ ...... ~ attached --~ ~hall not ~ ~sc ...... ~ 250 square fcct : ..... 2 5 o I ~ ~rcjccting ~;-~ Projecting ~ ~"~' ~ ~"~ ~ ~ ~ provided ~at ~ Pro ec ng :~ ....... more ~ attachcd. roof~-~ f the ~"~-- ~ '~:-~ ~ ~- right cf-way~ way ~all ~ -~ .... '-~ ~- ight] ........ ~ ~ e kc of :'~ feet ~ ~ ~" ~ ~ ~ .... ~ .... :" shall -~ .......... ~ this cads,= ~..~ under-canopy allcw~ for cach cgtabllshment ~ ~ s.hcpplng ccntcr. Thi~ ~ ~ -- ~- ~ ~ --~ exceed nix ....... feet ~ area ~-~ -~- ~ ~ minimum cf oight foc~ above flnichcd .2 5 S.l 5 3 ~ccnt lightin~ ~- -~'~-- to any sign ~ ~ this --~- accc~ lighting ~ ~ ~ · ,~ more 2,~ li~htln9 cannot c=cccd ~ =nd ~ in diameter per ~"~- ~ · ~ -u ...... ~ ......... approv~ cc~aunit" ~ .... ~ ..... ~ gcrviccc einistratcr 2 5,8 16 G4~gs wi-t-h~ -~ .... ~ unit ~evclopmcntsv --~ ..... ~-~--~- found ~ this --~- ~-- ~ zoning district the ~clc-mcnt most -~---~" resembles ~n~--~ su~ n,,n_ hav~ ~ = ~ ~ ~ Flags Rcsidcntia~ proport~^- thc~e ~ .... -~ ~., . count" ~tatc ..... *-" ~ - ~ ~--- : ~' count', ........ ~ ...... entran~ ~ ..... :~--~ -~ dcvelc-ment ~ ~ -~ ~ductrial ~ OO~CrC~ ~~ F · "~-~ ~ dcvclc-mcntz have -"~-~- ~tranccs ~ entrance ~ Icas~ ten ..... ~ "~ - ~ a=~ entrance ~ ~ ~ --- F ........ ~ ~ , ogress .... y ~ ~ ~y that visible ~ motorists '~*-" ~-*-~'~* ~ ~ ~ ~,,~ any ~,,~,~ ....... ........... ~ ~--z ..... ~ may ~ increased ~ ~ ~ ei-ht add~--~ ~ --~ ~*- maximum ~'~ ~ ~ fla~ "~ amoun~ ~ the ....... ~ increase ~ ~ determined ~ ............. J ...... F ....................... , ~ ....... all ...... ~ ~ "S ~'ould -~ ~ vis ~ ~ ~ ~ motorists ~ ~-~ ~ ........ ~" dcvclcpmes~ ~rvicc: fronta~ ~ ..................... ~ministratoP ............ s ..... ~e ~- ~-" extra finish ~ ............. more .......... fcc~ from any .... ~ condition ~ permitting, ~hc ~ .... fou~ation ~ attachment "~-~ ~ ~ desi"ned ~ ~ ~ ....... cn nccr ~ a ~ .... ~ .... ~*- details --~ .... ~ .... flag area that ..... ~-*~ e flagpoles arc ~---~*~ ~ ~ distan~ {coding their height plus .flvc fcct;--- all structures ~:xccpt .... ~ .... i ........ ~ , F P i ......... czi ...... y lines --~ --~ -' and ~cdcstrian/vchicul~ acc~~ ~ open ~ t.hc general public e ~ residents ~ that cxcccd ~ ~ ~ hci-ht -~ .... Eini~h grade ~ ....... ~ ~-~ ~cvc finish ~ e ~ ~ the ~ricultural district:. For all other ~ flag'polc~ _^~ ...... a ~ feet ~-~ height ~-^- ~^ finish ~ .......... ~ ~ilding ~ ~ attached. 2.=" ~ Temporary .... crcc on ~ 2 5.13 ~ this ~-~- ~,pplicantc ~ ~ ......... ~ permits ~fi ~ ~ ~ ......... ~ ~ha~ ~ ~ ~"~c~ ~ ~ restrictions imposed ~ this sccti~ --~ oth~ ~clcvant parts -~ th:- ~.5.S.2.1. Political signs.- Political cam-ai ---+~- shall ~ ~rmittcd subject ~ the requirements: ~_~F~ ~ resolution ~ the board commissioners. ~ Political ~mpaign ~ ~ ---~--- ............. j .... proper located closer than five {cot ~ eny property line. Political sig~ -~-~ ~{hin residential districts ~ Palit~ --~ campaign ~ ~ --'~'-' maximum ~ area ~ ~ ~ fcct ~ ~ and shall ~ ~ ~ closcr tha~ ~ ~cc~ ~ ..................... or issue. ~ ~ ....... ~_ shal~ ~ ....... ~,. ~.,~ .... ~, ...... ~ ....... rcqu foments ~ .... after ~- election, event,= eampa ..................... . construction ~ ~ ~ pcr,,~ittcd fo~ cac~h parcel, .idcntif,,in- *~ ~,,~ ~ shall ~e r~meve~ e~s the time , certificate e~ cccupancy ~e ~ ..... ~ for ~^ building eP structure, eP w4%e~ 70 ...... ~ ~e "^-~^-~-~ industrial, par]:, ............. · ,~ ......... , business ....... ~'~ districts ..... ~^- ~- ig ........ acres ,.. size: A temporary s n frontage. than 15 ~^^~ ~ ........... ~" li ~ gr-en~ opening sign not exceeding e~ square fcct e~ and -^~ cxcccdin~ 6~ square ~^^~ total. ~^ ~ ..... 2.5.8.2.4. Special cvcnt~a announce e~ advertise carnivals~ circuses, ........ , ~ ...~ ....... , e~ any located ~ ............ ........ · .,....-.,,,,, ==One ~ ...... ~ ig~ ~^'~ ~"; '~ ~^ ~' rganizati ~ ...... s ........ ~ ....... farm, -- c .... cxccc ~g 4~ ....... ;^^~ ~ ......... e~ er-eps %e ;'aricus .... ccun .... be far -^~ t-e ...... ~ ~ days and mey be ~ ..... ~ ^-~.. t-w4ee ~-~ and institutional developments w-i-t-h-i-a all .^_~__ districts. A s4~J~ advertising that e property has bee~ s~Id e~ .................... ~,~ ..... - mere than ......... is crested. ......... ~ ..... purpose : Due and varied nature e~ the ~ uses, additicna~ ~ may ~ ..... ~ ~ ~ .... ~ ~ service ~ the tkc fcllc%'ing rcquircmcnt~ ~.5.8.3.1. ~hcater e/l~fa~ ~ In addition e~ e~he~wJ=~e permitted ~ this code, e thcatc~ shall ~e shah-cable permitted e ~ message s4~j4~r, ~^ curface ~hal~ not ...... ~ 100 square feet ~ ~ Such require a bui].din- permit ~ · ~^ ~ cthcrwisc .... :~ ~y .... automobile service stations -~-~ ~e .... ~^~ e~ ..... ~-~^ .... -- ~ ........ ~ she ..... ~ ....... ~cssage ,~,, not ~e ...... ~ ten square ~^^~ ~-~ area ~^- ~^ .................. purpose e~ la'i disp y ng gasoline price~ only ~"^~ ~- ~-'~ ~e affixed 2 5.8 3 3 ~ .... ~ tcm-cratuPe -~--- ~-^ time ..... ~-~ e ~ area cxccc ng square fcct shall ~e .... ~^~ a~ ^-~ ~-n~astr:~ ccmmcrcial e~ other e r^~^~'~'' zoned ...... *,. !Such ............ , ....... ntcrna~ ~-e ~^ ~"~ivision e~ dcvclo~mc~4~ ........ ~ e4~ the community dcvclopmen~ scrvice~ ................ , ~ Iccaticn direction ~ apprcv~d ......... ~ model ~ale~ ~-~ .... ~" ~ ~ kc~ --~ ~ square in area ::Such ~ shall r .... ~* ~"~: ..... · ~ .... e ........ ~ ~ ........ For division 2.2, section 2.2.21.1 and 2.2.21.C.~. 2 5. O. 3 5 ~ ...... ~ '~ ~"-iness ---'- and industrial ~:~^^~^~ ~^-~ication signs identification signs ~e greater than six square f-cot 4e size, and located internal ~e the subdivision S .......... si-n shall o , use y .... ~~ e dfrcctfon ~ apprcvcd uses such ~ sales centers, infcrmatlon centers, ~ ~ individual ccmpcnent~ ~ the dcvclc .................. ~ .................. ~ e ...... ~c cctural ~^^~ ~a ~^~"~ and 6~ square fcct ~ efea-~ --6ee~ signs shall ........ ~ ~crmit~ = F~ signage ~ the ~- ~-~ ~~ division ~ 2 sections and 2 2.21 S.2 and the Colden ~ "-~ 2.5. e. 4. ~ sign3 within ~ ~ ....... ~ -- ~ =csidcntial entrance eP ~ ~igns may -located ~ cac.h entrance ~ e multifamily~ single-family, 'fC i Icwin ...... ~ ..... ~ - 2 5.~ -~ i Euch ~ ns ...... ~ntain ..... ground ~ ~ ...... combined area ~ ~ square .... , ight -- ~ ~--~ ~ +~ ~ ~ --~- which ~ ~--~ shall ~ pcrmlttcd ~ ~riculturally ~-thin ~ CGlliCr ~ .... ~" ~cning ~ ~ ~ ~"~ 2.5.S.5.1. One pclc o~ ground ~ idcntifying t.hc farm ~!zatisn, located ~ thc entrancc ~ gat~ ~- maximum ~ ~ign area ....... ~ minimum ~ casement. of--cach strcct ~ maximum ~ ~ area for each ~-~ ~ .:~ exceed ~ square .... ~ ~'~ e minimum ~ ~ ~ ~--- ty ...... ~ propcr agricultural districts -'-"~ ~ ...... ~ ~igns ~hal~ ~ .... ~'-~ ~ a-ricultural proper ', ~, agri ccmmcrcia~ ~ 5 8 6 i ~ ~11 ~ ...... ~ ~ ~ .... ~-~ F-- ~ pr nc al e ctructurc parcel. Corner ~ ~ double-frontage parcel; chall ~ --- cign ~r ctrcct ~---'--- ~"~ such ~ shall -~ ~ ---~--~ for *~- purpose ~ placi~ ~ ~ area %~ae maximum allc;:ablc A~__, ~hal~ ~ ~ more ~ ~O ~~ ~ the ~ota~ --~ ~all not ~ ~ ~sc ...... ~ ~ square fcct ....... sign ~ ~~ dircctional ~~ . Off-premises -~F ..... ~ .... dc iccaticn ~ ..... C.5 8.7 i Off--rcmise~ ~*"-~'-~ ig ~ . . . ~ ............ ~ ns shall ~ pcrmittcd~ ........ ~ng .... location --~ natu~ ~" ~ ~ ~ ~ ~" -+ .... ~ .... ~ e which ~ -~- "~ ~ ~ ~ Each ~ ~ nc~ morc than ~ :quart fcct ~ arca ~ e single faced display ...... Double ~--~ '~"' shall "t ~ ..... ......... ~ ~ ~ arterial 3.- ~e sign ~ located ~ clcs~ ~ ~ fcc~ ~opcrty line. ~ The applicant mus~ submit · '~ ~ ~ ~plicatio~ nctarizcd written .... ;~:~- from the property ~/herc the off-site sign is located. ~ ~ shall ~ ~ ....... ~ I, e00 feet ~ intersection ~ ~ -~-~ ~ ~ = o ~ ~ ~f--rcmices dirccticnal signs -~-~ located ~ .... than ~ ~ ~ ...... ~'~ distr~ ~ ~ 5 S 7,4 ~ ..... ~ -~ directlena~ ig ~ s ns ..... 1 not located c~ .... ~han inn ~"~ fro "'~" ~ n.z s.s, llluminatca -~-~ ~ ~ signs ehall ~ .... electrical ........ ~' cannccticnc --~ :--~-~ ~ conform *~ ~k~ National Electrical edc,- .... al~ Further, ~ ~ shall: ~ shielded ~ such F ................ ~ nuisance ........ ~- ~ ~ properties; not ~ --~ ,n_.~ };of 9~, ~ eT {)rd.! :;o~ 9~, ~ a-~ Ord~ ~e~ 9~, Scc. 2. S. 9. }Ionconformlng ~listing e not expressly prchibite~ ~ this ~ and net = ~ ~ m~ ~ igns ~ ~ shall = n , ~ All ~ ......... ~ign~ ...... S n.~ ~ -~ .2.5 ~ ~hall ~ ....... ~ --~ ply ..... ~ ..... ~- ~ ~- ~ ..... ~ ~ ycar~ from ,,~,,~,,~,,,~,,~ ~ ~,,,~ ~Ig~S, ~~ ,~,,~ ~"~ ~-~ cost ~ value ~ c~ nn ......................... ~ .................. g pc c s~ = n ~ , ~ years from ~ date ~ · '~ ~ ~ ~ ........ ncnccnfcrmin .... ~_ n~inancc ~ ~ ,n .... ~- IQQQi; 5.9 3 2 A '~'~ ~ ~'~ ~i ~'~ di "~ ~ ~ 1990) ...... vc .... ~ Or nanca .... ~ cccmber 7, Permitted Years ~"- ~--~ "-~"~ ~~"~ ~'~ Of Code ........ ~ricd than ~ yc=rs ...... .... :~ from ~ date ~ enactment ~ these [e-ulaticns, adminlstratcr7 ~ ,h:" ~--= .... The ~ {nfarmatlcn shal~ ~ ~ ~ the ~-' ~ "'~"~"' the cost renovation; ~ photograph e~ {-he e4eya e~ e4e/me and thci~ inches in size; ~ a ~ ~rccmcn~ ~ remove ~ ~ign ~0 00 shall ~- id gi ti ............. rc stra cn. "*- 2 5.i0. Continuation of non~onf~rmfng code e nonconforming ~ ~ ---~ ~ .... ~ --~ shall maintained ~ ~ condition ~ required ~ this --~- but shall --~ ~' ~ = ~ ~ Structurall" ' ~ .... ~-~ altered ....... ~ ~ mcchanlcal -"~ further the noncot~---~ ........ ~ ~ ..... ~ ~ ~ bccn .............. ~ ~ th~ 2 5 10.2; ~_~4~ ~ ~cbuilt ..... ~ ........... destroyed e damaged .................. ~ ,,~,, ~ ~-~ ~ubztituticn ~ interchange materials e ncnccnfcrmin~ ,~ ......... ~ the per ...................... : ............. z 2,5.10.4. Csntinu=d ~ us~ ~ any land use to ~ ths ..... ~-~ ~ ~ consecutive ~ 2,5 i0 = Ncnccnformln- ctatus ~ -~ ~ -~-~ ~ any thc enactment ~ this coda, ~ ~ a..: F .......... Sac. 2.5. Ii. Varianccs. ....... ~ ,~ .... ~ ~ e .... a .... from .... ~ .... ~ ~ code ~ ~ not ~ contrary ~ ~ -"~ ~ ~ c~:ing ~ special conditions e literal provisions ~ this code ~ result in unncccsza~ ~ e this ccdc ~- ~_._a must 2.5. I1.1 .. ~ ~pccial conditions and circumstances ..... ~ 4 ,~ ~ ~ -land structure ~ ~uilding ~h arc F ............. , involved ~ which arc "-~ ,~ ....... , ~.5~iI.2. That ~^ epeesra~ conditions end ^~ ...... ~ ..... not result from the actions of the zpplioant; 2 5 11.2 ~4%a45 granting the ~ai~ia~Hse ....... ~ ~ ~ e ~he applicant ~ .... ~ ......... e ~tructurcs Gimilarly situated; 2.5~11.4 That e ~--~ interpretation ~ ~. ........ unnecessary hardship on the applicant; ~ = ~. = m~,~ ~ variance .... ~ ~ ~ minimum variance ~ ~ ~ke .... ~ ~ ~ ~ ........ ~ ~ ~ -land ......... at the gr~nti:~ ~ ~ ~ ~ill ~ ....... ~ ~ ....... ~ ~tcnt and purpasa ~ ~ ~ that ~"c~ .... ~ .... ~ -~+ ~ injurious ~ ~ ~nvclved or otherwise detrimental tc the public welfare; 2.5.11.7. In ~ ........ ~ ~ vatlance, ~nform ~ t,his ~ ~ ....... ~ .............. crdlnanccs.~ .... Violation e such condit~--- and ~-~ ...... e e e part ~ ~- ~ .... under e ~- ~ariance Scc. 2.5. }2. Permit applications~ 2 5 13 1 Ccncral ~ ~ .............. ~ ~ .... ~ for and receive a ~"~a~ ...... ~ ~ accordan~ Resolution ~ prior e ~ ccmmcnccmcn~ ~ a~ ~rk. ~'-~ ...... ~ ~ ~ issu~ ~ ~ ~unity development services administrator, e his ~--~ .... all rczoluticn~ 2.5.12.3. For~ ~ ...... a--lication ~ e building ....... ~" ~c:clapmcnt services -~-~-:-~--~-- designco. 2 5 12 ~ ~ ~^'~:^" permit App ......... contents, ~In e~e~ ~e ...... ~ -~ .... ~z e ~ ~ ""~' ~ provision ~ this -~- ~ applicant -~-~ I submit ~ ~ ~"~ ~ :-- -~ ~ = ,~ ~ c ~ information ..... ~--~ ~ the application forms provided ~ t,hc ~ ccrviccz administratcr~ ~ h~ ~ includi~ M identification ~ the ~ .... ~"~ .... ~ ~ ~ ~II C 5 1~ ~ ~ ~ .... ~ ...... ~ ~ ~ ~tificd Florida rcg ....... cn e ~ +~ -~ .... attachment ~ ng the ground fro all pole signs --~ all projccti~ -: 2 5 12 4 7 Wall ~ig,n:F ~ .......... ~ part ~ ~ ~ ~ affixed ~ a ~ shall ~ ~:tcncd flush the surface ~ ~ ~ ~kal~ have ~ capacity ~ .... full load ~ ~ -~- ~ scpa=atc ~ under ~ load ecnditicn~ ~ t,hc apprcvcd Collier County Zone ~ ..... r~ ~ 2~ art "I~'. any .... ~ ig ~cparatc part thereof ~ ~ not ~un~ flush :urfac~ ~ ~ ~ more than ~ ..... ~ shall Florida ~_~~ ~_~ .... ~_~__ ~ mounting ~ ,~ ........ J ...... ~ ~ scaled 2.5.12.4.8. ~ the ~ e sign copy ~ ~ ~ illuminated ~- C~-~-4'-'~'' c-crated ~- ~'~'~"~ ..... ~" e i mpl~ ,~4,,~ at ~ ~'~' ~ the ~ ~ ..... A chall have same life cx~cctanc'' ~ ~4__ ~ ~--:~ number ~ clcarl" lcg~- ~ ~ pcrscn ........ ~ basc ~ ~ ~ ~nd ~ ~ casc ~ the permit numbcr bc icss than one-half inch in size. Ex-iraticn e~ ~ ~ .... :~' ~ 2,5~12 5 F ~ '-"" become -"" '-"' "^~'~ -i-f- .t-,h-e w-e-r-k- "'~--~'-~ ~ from the data cf issuance=of the pcrmi~ "^^ 2 ~5.13. Enforcement. ~.5.1S~l,Iz The ~ ~ a sign permit pursuant ~ the re-uircment~ ~ this --~- shal~ --~ .... ~ ~ construction existin ...... ~" '~'~ ~ ;~'~ ~ .......... 3~5.13.I.2. All signs for e a permit ~ required shall ~.~ ....... ~ ........ ~ ~ county ....... ~, ~ his designco. The county ~ e his ~signcc, ~ ...... , ....... ~ ~ exists. : The ..... ~" his ~ ......... removal ~ any ~ ~ ~ ~ provisions ~ this c~c~ ~ improperly --4-~-~ e whi-~ ~ constitu~ a hazard ~ ~ health, --~ .... ~ wc~ -2~5.13 I 3 The ~ ~ .... a ..... ~ services administrator, e ........ ~ .... ~ :-~ ..... ~'~: .... ~ enforcement '~ this 2.5.13 2 Enforccmcn~ ..... ~ ..... u~ ....... v~ ~ - thi~ ~dc: ~ any act failure ~ com-l', ~ .... ~ ..... ~-~-- shall .... viclati-~ ~ this 2,5,13 2 i. m~_ ~ tenant, and/or ........ ~ ~ ~ e~ ~tructurc~ e ........ , ~, .... ~ eontractc~ a-ant -+~ ~- ~ directs ..... ~- ~ m~intains ~ ~ contrary ~ ~k ...... ; ..... ~- e~ {his cede may ~ held ........ penalties .............. prcv cd hcrcn. 2.5.13.2.~. ~ ~ ~,' ~ v ........... :-~-action ~ prccccding~ ~ ...... institute _,,J -vv~v ..... v ....... , ~" i iccatc~ 2.5.13.2.D. If e sign ~ ~ s~=h e ........ on a~ t-e ~ ~n ~..~, e ~ e menace ~ tho ~ ~ ~ ....... e ~ropcrty; c= found ~ ~ ~ ~ end ~rio~ ~ ..... ~ {~ ~"~ ~- ~ ~ ~ unsafe condition, ~ provisions ~ section 2301..S ~ the Stan~rd ~ ~- ~ -~-~-~ ~ : ~ ~ ~ ~"~ .... ~ shall :=--~-~-~" all violatire ~ located ~ e upon pubic rig.hts-of-way ~ ~blic property. 2.5.13.3. Penalties; - If ~ person, firm e corporation} ~ pubic ~ ~ e ether ~ fails e ~ ~ ~ o~ .... ~" ~ or violates ~y ~ ~- provie~ ..... ~ ..... cnc ~ this e e pcrcc~ firm corporation, e ether cntlty, upon ilty -~ -~ ....... conviction ~ .... ~ -~ ..... ~-~ ~ gu ~ e ................ and shall ~ punished ~ e fine ~ct ~ exceed ~9 e ~ imprisonment not ~ ...... ~ ~ ~ ~ ~ ...... *" ~-~ ~ in ~ dlscrction ~ the court. ~-~ violation sha~n ~ .... ~-~ ~ --~ di ti ........... e s net offense. Further, ~-~ violation ~ ~ cha~ ~ ~ ..... ~ -- sc-aratc offense. ..... ~ ...... ~ ............ ~ ~ necessary ~ prcvcn~ e ....... ~ shal~ ~-~"~ but ~ ~ ~* ~ ~ ~-~ ~ ~ equitable oticn for ~ .... ~ ..... ~ ~ ....... *~ ~- ~+ ~ "' ~-'~ ...... prohibit +~ ~ ty ~ ........... ~: -- .... csun ...... ~ .......... ~ ~ violation ~ ~:- code ..... ~ e .... pursuant ~ ~ .... ~'-~+" Of F.S. oh ~ ~-*~ ~ reference Pcnalt', for ordinance "~-*~--- ~ ~ & DIVISION 2,5, SIGNS Sec. 2.5.1. Title and citation. This division shall be known and may be cited as the "Collier County Siq~ Code." Sec. 2.5.2. Applicability. This division shall apply to and be enforced in all uninc0rporat~d area~ o[ Collier County, Florida. Sec. 2.5.3. General finding. Increased numbers and ~izes of signs, as well as certain t'~pes of lighting distract the attention of motorists and pedestrians, and interfere with traffic safety. The indiscriminate erection of signs degrades the aesthe~ic attractiveness of the natural and manmade attributes of the community and thereby undermines the economic value of tourism, visitation and permanent economic growth. SEC. 2.5.4. Purpose and intent. It is the intent and purpose of this sign code, and it shall be interpreted, to implement the goals, policies and obiectives of the growth management plan, and to promote the health, safety, convenience, aesthetics, and general welfare of the community by controlling signs which are intended to communicate to the public, and to authorize the use of signs which are. 2.5.4.1. Compatible with their surroundings. 2.5.4.2. Designed, constructed, installed and maintained in a manner which does not endanger public safety or unduly distract motorists 2.5.4.3. Appropriate to the type of activity to which they pertain. 2.5.4.4. Are large enough to convey sufficient information about the owner or occupants of a particular property, the products or services available on the property, or the activities conducted on the pr0per~y, and Small enough to satisfy the needs for regulation. 2.5.4.5. Reflective of the identity and creativity of the individual occupants. 2.5.5. Permitted Signs: 2.5.5 1. Signs within Residential Zoned Districts and as Ap~licable to Residential Designated Portions of PUD Zoned Properties: 2.5.5.1.1. Development Standards 1__=. Maximum allowable helqht~ All signs within resi~entia~ zgned dis~ricts and as applicable to residential designated pOrtiOns Of PUD zoned properties are limited to a maximum height of 8 feet, 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. Words struck through are deleted; words underlined are added. -2- 2. Minimum setback: All stqns within residential zoned districts and as applicable to residential desiqnated portions of PUD zoned properties shall not be located closer than ~5 feet from the proper~y line, unless otherwise Doted below or as provided for in Section 2.1.13, 2.5.5.1.2, Real Estate Siqns: The followinq si.~ns classified as real estate si.qns shall be permitted in residential districts subiect to the followinq: 1. One qround or wall "For Sale," "For Rent," o7 similar ~iqn, with a maximum of 4 square feet in size, per Street frontaqe for each p~rc~l, or lot less than one acre in size. Said siqn shall be located no closer than ten f%ee~ (10') from any adjacent residentailly used propsSty and may be placed up to the property line abuttinq a riqh~-of-way, provided it i$ a minimum of ten feet from the edqe of pavement.(No butldinq permit required.} 2. One qround or wall "For Sale," "For Rent," or similar siqn, with a maximum of 12 square feet in size, per street frontaqe for each parcel, or lot one to ten acre in size.'(No buildinq permit required.) 5. One qround or wall "For Sale," .t~or Rent," or similar siqn, with a maximum of 64 square feet in size, per street frontaqe for each parcel or lo~ in excess of ten acres in size.4.Real estate Said siqns shall not be located closer than 15 feet from any property line. In the case of undeveloped parcels where th~ existlnq veqetation may not allow the location of the siqn 15 feet from the property line, the Planning Services Director may allow a reduction in the amount of the required setback however, in n° case shall said si.qn be located closer than five feet from any property line unless authorized by the Board of Zoninq Appeals throuqh the variance process~ 4. Real estate siqns shall be removed when an applicable temporary use permit has expired, or within seven days of any of the followin~ conditions: ownership has chanqed; the property is no lonqer for sale; rent or lease; or, the mode] home is no lonqer beinq used as a model home. 5. A siqn advertisinq 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 siqn for model homes, approved in conjunction with a temporary use permit in any zoninq district not to exceed 32 square feet. Model home siqn copy shall be limited to the model name, builder's name, name and address, phone number, price, loqo, and model home. (No buildinq permit required.) 2.5.5.1.4. ConStruction Siqns: All supports for such siqns shall be securely built, constructed, and erected and shall be located on the site under construction, subject to the followinq~ 1. One qround or wall sic[n, with a maximum of 4 square feet in size, may be used as a construction siqn by the qeneral contractor of the development or as a permit board, within each front yard for each parcel less than one acre size.(No buildinq permit required.} 2. One qround or wall sic[n, with a maximum of 12 square feet in size, may be used as a construction siqn by the qeneral contractor of the development or as Words struck throuqh are deleted; words underlined are added. a permit board, withiD eaGh front yard for each parcel one to 10 acre in size.(No building permit required.) ~. Qn~ ground Or wall Sign, with a maximum of 64 Square fee~ 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 acre in size. 4. One ground or wall siqn, 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, building permit required.) · 2.5.5.1.5. Residential directional or identification sicms, Direc~iQnal or identification signs no greater than four square feet in sizet and locat~a internal to the subdivision or development may be allowed subject tQ the approval of the Planning Sqrvices DirectOr, O~ his de~icmee~ Such sicme ~hall only be used to identify the location or direction of approved uses such models or model 'sales centerst club house# recreational areast etc.. These sicms may be cjustered together to constitute a sicm with a maximum area of 24 square feet and a maximum height of eight feett Such cjustered sicms shall require a building permit. For sicma~e to be located along the Golden Gate Parkway~ see division 2.2, section 2.2.21.1 and 2.2.21.6.2. 2.5.5.1.6. On-premises sicms within residential districts. Two ground or wall residential entrance or gate signs may be located at each entrance to a multi-family, single-family, mobile home or recreational vehicle park subiect to the following requirements: 1. Such signs shall contain only the name of the subdivision, the insicmia or motto of the development and shall not contain promotional or sales material Said signs shall maintain a fifteen foot setback from any property line unless placed on a fence or wall subiect to the restriction set forth in Section 2.6.11. 2. The ground or wall siqns shall not exceed a combined area of 64 square feet, and shall not exceed the height or length of the wall or gate upon which it is located. 2.5.5.1.7. Conditional Uses within the residential district 1. Conditional uses within the residential district are permitted one wall sign with a maximum of 32 square feet. Corner lots are permitted 2 such wall signs. 2. Conditional uses within the residential district with a street fr0ntaqe of 150 feet or more and a land area of 43560 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.x 4. The Board of County Commissioners may approve additional signage as may be deemed appropriate during the conditional use approval process. Words struck through are deleted; words underlined are added. -4- 2.5.S.2. Signs Within Non-ReSidential DiS~ricts~ 2.5.5.2.1. Development Standards 1__=. Maximum all~wabl~ heiqh~ All Signs withi~ DQn-r~sideDtial zoned districts and as applicable to non-residential designated portions of PUD zoned properties are limited to a maximum height Of 8 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 Dear~ public or private R.O.W. or easement to the Uppermost portion of th~ sign structure, 2. Minimum setback: All signs within non-residential zoDed 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 otherwis~ noted below or as provided for in Section 2.1.13. 2.5.5.2.1. Real Estate Signs: The following sfqns classflied as real estate signs shall be permitted in non-residential districts subject to th~ following: 1_=. One ground or wall "For Sale," "FOr Rent," or similar sign with a maximum area of 12 square feet in size per street frontage for each parcel, or lot less than one acre in size.(No building permit required.) 2_=. One qround 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 acre 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 of ten acres in size.4. Real estate Said 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 ~mount of the required setback however, in no case shall said sign be locatea closer than five feet from any property line unless authorized by the Board of Zoning Appeals through the variance process. 4. 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. 5. A sign advertising that a property has been sold or leased shall not be displayed for more than 30 days after it is erected. 2.5.5.2.2. Construction si.~ns: All s~pports for ~uch ~icpns shal~ b~ securely built. constructed. and erected and shall be located on the s~e 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 th~ development or as a permit board, within each front yard for each parcel less than one acre in size.(No building permit required.) Words struck through are deleted; words underlined are added. -5- Z. One qround or wall siqn, with a maximum of 32 square feet in .~ize,.may be used as a construction siqn by the qeneral contractor Of the development or as a..permit board, within each front .yard for each parcel one to ten acre in Size.(No buildinq permit requi~ed.) 3. One qround or wall siqn, with a maximum of 64 square feet in ~ize, may be used as a construction siqn by the qeneral contractor of the development or as a permit board, within each front yard for each parcel in excess ofl0 acre in size. 4. One qround or wall Siqn, with a maximum of 4 squ~re feet in size, may be used as a construction siqn by each contractor, lendinq instit~!~iOn, Qr ot~b.¢r similar company involved with the development, reqardless Of parcel $ize.(NPR} 6. All construction siqns must be removed prior to the issuance of certificate of occupancy. 2.5.5.2.3. On-Pr~mise Si.~ne. On-premise pole sicIns, qround Siqn~. prO~ectinq siqns, wall siqns, and mansard siqns shall be allowed in all nonresidentially zoned districts subiect to the restrictions below: 2.5.5.2.3.1. Pole or Ground Siqns. Sinqle-occupancy parcels, Shoppinq centers, office complexes, business parks, or industrial parks havinq frontaqe of 150 feet or more on a public street, or combined public street frontaqe of 220 linear feet or more for corner lots,.Shall be permitted one po!e, or two qround siqns. In addition, multiple- occupancy parcels such as shoppSnq centers, office complexes, business parks, or industrial parks containinq 25,000 square feet or more of qross leaseable floor area will be pe.rmitted one directory Siqn with a maximum size of 250 square feet for a sinqle entrance on each public street. 1. Maximum allowable siqn area: 100 square feet for each pole or qround siqns, or a maximum combined area of 120 square feet for two qround siqns, except for approved directory signs. 2. Setbacks: 15 feet from any property line, public or priyate riqht-of-way, or easement, unless otherwise noted below or as provided for in Section 2.1.13.,and with the exception of directory ~iqns 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 pro~ect boundaries and public ri[|ht-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 m~y be administratively reduced by a maximum of 10 feet by the Plannin~ Service~ Director upon submission of the administrative variance fee and a written request. The Planninq Services Director's decision to reduce the required 15 foot setback shall be based on the following: a) where it can be dez~)nstrated that within the adjacent right-of-way th! 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 si.qn beinq any closer than 30 feet to the edqe of pavement~ words struck throuqh are deleted; words underlined are added. -6- b) where due to the ex!s~in~ si~9 condition; a~d 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 parkin~ and vehicular and pedestrian .ingress and eqres,s_L c} where due to th~ nature and loc4. tion of.ex~tinq landscape features and/or ~pecimen trees, it would he prudent to allow for a reduction in the required setback so as to most appropriately locate the ei.qn structureI or. d} th,, extent of the reduction is the minimum amoun~ necessary tO provide relief from the applicable condi~ion~ cited aboy~. 4. Maximum allowable heiqht: 20 fee~ in h~iqh~, excep~ for d~rectory siqns as permitted in section 2.5.5.2.3.1., which may be 25 feet in. heiqht. Heiqht shall measure from the lowest centerline qrade of the nearest puh. lic or private riqht-of-way or easement to the uppermost portion of the siqn structure. 5. The maximum size limitation shall apply to each structure. Pole or qround siqns may he pladed back to hack, side bY side, or in .v-type construction with not more than one display On eacb...faCinq, and such siqn structure shall he considered as one siqn. 6. Spot or floodliqhts shall he permitted only where such ~pot or floodliqht is nonrevolvinq and said liqht shines only on the owner's premises or siqns and away from any riqht-of-way. 2.5.5.2.3.2 ~ole or qround etqns within reqtonal shoppin~ centers: One pole or qround siqn is permitted for each reqional shoppinq center havinq a frontaqe of 150 feet or more on a public street. Additioaal pol~ or qr0und siqns may he permitted provided that there is a minimum o a 1,000-foot separation between such siqns, and all setback requirements are m~t. In ~o case..$hall the numaver of pole or qround siqns exceed two per Street frontaqe. Additionally, one directory siqn with a maximum size of 250 ~quare feet will he permitted for a sinqle entrance on each public street. 1. Maximum allowable siqn area: 100 square feet, except for approved directory siqns. 2. Setbacks: 15 feet from any property line, public or private riqht-of-way, or easement, unless otherwise noted below or as provided for in Section 2.1.13., and 'with the exception of directory siqns which may he located within the medians of private streets o~ easements,. provided that there i~ a minimum of a 15 foot setback from all pro~ect houndaries and public riqht-of-ways and easements, and their loCatiOn presents no visual obstructions, or traffic hazards to motorists or pedestrians. 1. Maximum allowable siqn area: 100. Square ~eet for each p~le or qround ~iqns, or a maximum combined area of 120 square feet for two qround siqns, except for approved directory..siqns. 2. Setbacks: 15 feet from any property line, public or private riqht-of-way, or easement, with the exception of directory siqns 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 prolect houndaries and public riqht-of-ways and easements, and their location presents no visual obstructions, or traffic hazards to motorists or pedestrians. Words struck throuqh are deleted; words underlined are added. -7- 3 The 15 foot setback requirement may be administrative1v reduced by a maximum of 10 feet by the Planninq Services Director upon submission of the administrative variance fee and a written requests. Where the Planninq Services Directgr approvsW ~ch ~ reduction# the height 9[ th9 ~i.qn shall be reduced by an amount equal to the aunount of variance beinq [equested. The Planninq Services Director's decision to reduce the required 15 foot setback shall be based on the following: a) where it can be de~nstrated that within the adjacent riqht-of-way the area between the property line and the edge of pavement is excessive1Y wide and that the actual paved area is unlikely to be widened to the extent that...~eductio~ in the required setback will result in the si.qn being any closer than 30 feet to the edqe of pavement~ b} where due to the existinq site conditions and improvements, it can be demonstrated that adherence to the required 15 foot Wetback will have a deleterious effect on the safety of users of the site from the perspective of vehicular parkinq and vehicular and pedestrian inqress.and eqress~ c} where due to the nature and loc~tion of existin~ landscape features and/or ~pecimen trees, it would be prudent to allow for a reduction in the required setback so as to most appropriately locate the siqn structure~ or, d} the extent of the reduction is the minimum mount nece@sary to provide relief from the applicable conditions cited above. 4 Maximum allowable heiqht: 20 feet in heiqht, except for directory siqns as permitted in section 2.5.5.2.3.2., which may be 25 feet in heiqht. Heiqht shall measure from the lowest centerline qrade of the nearest public or private riqht-of-way or easement to the uppermost portion of the siqn Structure. 5. The maximum size limitation shall apply to each structure. Pole or qround siqns may be placed back to back, side by side, or in V-type construction with not more than one display on each facinq, and such siqn structure shall be considered as one siqn. 6. Spot or floodliqhts shall be permitted only where such spot or floodliqht is nonrevolvinq and said liqht shines only on the owner's premises or siqns and away ~rom any riqhtTof-~ay. 2.5.5.2.3.3. Wall, mansard, canopy or awnin~ si.qns: One wall, mansard, canopy or awninq siqn shall be.permitted for each sinqle-occupancy parcel, or for each establishment in a multiple-occupancy parcel. COmer units within multiple occupancy parcels, or sinqle occupancy parcels where there is double frontaqe on a public riqht-of-way, shall be.allowed two SiqDs, but such siqns shall not be combined for the purpose of placinq the Combined area on one wall. In addition, outparcels within shoppin~ centers may by. allowed one additional wall sign facing the shoppin~ center if the additional sign is not oriented towards any p~lic riqht-of-way. Retail businesses with a floor area of lar~er than 15,000 ~quare feet and a front wall length of more than 200 linear feet, are allowed 3 wall sicIns; however, the co~ined area of those ~i~s shall not exceed the maximum allowable display area for signs.by this code. Words struck throuqh are deleted; words underlined are added. -8- a) where it can be demonstrated that within the ~dJacO~t .ri~ht-of-w~V.the area between the property line a~d the edge o~ pavement ie excessively wSde a~ ~hat the actual paved area is unlikely to be widened to the extent that reduction in the re~Aired setback will result in the .2$gn bein~ any closer than 30 feet to the edge..gf pavement; b) where due to the existin~ si~e conditions and imprOveme.~tS# it Can be demonstrated that adherence to the required 15 foot Wetback will have a deleterious effect on the safety of users of the site f~0m the perspective of vehicular parking and vehicular and pedestrian ingress and egreSS~ c_L where due to the nature and location of existin~ 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 structurex d} the extent of the reduction is the minimum amount necessary to provide relief from the applicable conditions cited above. 4. Maximum allowable hei.qht~ 20 fe~t in height, Heiqh~ shall measure from the lowest centerline grade of the peayear public or private right-o~-way or easement to the uppermost portion of the Sig~ Structure. 5__~. The maximum size limitation shall appl~ to each structure. Pole or ground signs may be placed back to back, side by side, or in V-type constructleD with not more than one display on each facing, and such sign structure shall be considered as one siqn.=. 6_~. Spot or floodliqhts shall be .permitted only where Such spot or floodlight. is nonrevolving and said light shines only on the owner's Pr~mises or signs and away fro~ any right-of-way. 2.5.5.2.3.3. Wall, mansard, canopy or .awnin~ sic[n.: One wall, ma~sard,. canopy or awning sign shall be permitted for each single-occupancy.parcel, or for each establishment in a multiple-occupancy parcel. Corner units within multiple occupar=:y 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 si.qn facin~ 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 1~,000 square feet and a front wall length of more than 200 linear feet, are allowed 3 wall signs; however, ~he. combined area of those signs shall not exceed the maximum allowable display area for siqn~ by this code. Words struck throuqh are deleted; words underlined are added. -9- 1_~. The maximum allowable diSplay.area for Signs sh)ll no~ be more ~han 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. 2.5.5.2.3.4. Projecting si~n~, Pr0jectinq Siqn~ may be substituted for wall or mansard signs provided that..the display are~ of the projecting siqD shall not exceed 60 square feet of display area. 1. projecting signs shall not project more than four feet from the building wall to which it is attached, ~ 2. projecting signs shall not extend above the roofline of the building to which it is attached. 3__= projecting siqns shall not project into the public right-Qf-way~ 4. Projecting signs which project over any pedestrian way shall be elevated to a minimum height of eight feet above such pedestrian way. 2.5.5.2.3.5 Under-canopy si.c[ns. In ~ddition to any other sign allowed by this code, one under-canopy sign shall be allowed for each establishment in a shopping center. This siq~ 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 buildino permit unless the sign is equipped with an electrical component. 2.5.5.2.3.6 Accent li~htin~. In addition t9 any othe~ siqn..allowed by this code, accent lighting may be allowed subject to the following requirements: 1_~. No more than two tubes or strands of continuous accent lighting will be allowed per wall of a structure. 2__~. Accent lighting cannot exceed one and one-half inch .~n diameter per tube or Strand, and shall not be used to outline doors and windows, or attached to columns and vertical corners of structures. 3. Accent lighting must have the approval of the community development Services administrator or his desiqDee except as prohibited in section 2.5.7 of this code. Installation of accent lighting shall require a building permit. Accent liqhtinq must comply with the Collier County current electrical code and must be installed by a licensed electrical sign contractor to an approved electrical source. 2.5.5.2.3.7. Siqn~ within Planned unit Developments (P~Ds). Pursuan~ to the purpose and intent of this DivisiOn, c[eative, flexible and uniform comprehensive sign plans providing for size, location, ~ype, and common architectural design standards, are encouraged within all PUD zoning districts, and specifically required for PUDs containing a commercial component. Sign classes and sizes for planne~ 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. Words struck through are deleted; words underline~ are added. 2.5.5.2.3.8. Flags. Residential properties that have been issued a certificate of O~cupancy may di§play..up ~Q three hop-COmmercial flagS. Three non-commercial flags may be displayed at the entrance o~ a commercial, office, industrial or residential development. Where these developments have multiple entraD~es, any. ~nfrance may hav~ up to three flags each, p~ovided: ~he development is at least ten acres i~ size, any entrance with flags is pr0vidinq ingreSs/egress only off a roadway that is designated a collectOr.or arterial in the traffic element o~ the growth management plan, and all entrances with flags are at least 300 feet apart. Four additional flags may be displayed within a develop~ent..provided the flags are not visible to motorists along any frontage roadways. The four internally displayed flags may be i~creaSed by u~ to eight additional flaq~ for maximum total of 12 flags With the amoupt Of the proposed increase to be determined by the Planning Services Director, p[ovided: el]. proposed flags would not be visible to motorists along any frontage roadways and the Planning Services Director determines tha~ the display of the extra flags is essential to the theme and design of the development. 1. All flagpoles with a height in excess of 15 feet above finish grade or that extend more than ten feet from any building that they are attached to shall be subject to the building permit p~ocess. As a condition of permitting, the flagpole foundation or attachmqnt...~i~al! 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 boundar~.es, 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 flacrp. ol.es shall not exceed 20 feet in height above finish grade. For all other residential Zoned parcels, flagpoles shall not exceed 35 feet in height from the finish grade or extend more than 20 feet from any building to which they are attached. In the estates, ~gricultural or Conservation districts flagpoles shall not exceed 25 feet in height above finish grade. For all other residential zoned...lOts, flagpoles shall not exceed 35 feet in height from the finish grade or extend more than 20 feet from any building to which they are attached. In all other zoning distri.ctg, flagpoles shall not exceed 80 feet in height from the finished grade, or extend more than 20 feet from any building to which they are attached. 2.5.5.2.3.9. Temporary si.qns. The erection of any temporary sign shall require permitting as established within section 2.6.33 unless otherwise indicated herein. Applicants for temporary. si~n .pe.rmits shall pay the minimum fee established for said permit. Temporary siqn~ shall be allowed subject to the restrictions imposed by th~s.~ection.~nd other relevant pairs .of this code. 2.5.5.2.3.9.1. Political signs.....POlitical campaign signs and po~ters shall be permitted subject to the following requirements: Words struck through are deleted; words underlined are added. -11- 1. prior to the er~qt~on, installing, placing, or diSplaylng of a poliTiCal sign a bulk temporarY permit Shall b~ obtained` The perTni~....Dumb~r ~hall appear on every sign or on the pole supp0rtinq the Sign, The f~e for said bulk permit shall be as adopted by resolution by the board o~ ~ounTy commissioners, 2_~. Pol~ical campaign ~iqns or posters within residenTially zoned 0r ~ed property shall not exceed four square feet in size, and Shall not be loqa~ed 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 b~ permitted ~D all Other zoning districts within a maximum copy area of 40 square feet pe~ sign, and shall~b¢ located no closer than 15 feet to any property line, Th~ Dumb~r of Such Signs shall be limited to two signs for each lot or parcel per bulk permit issued for each candidate or issue, 4. All supports shall be securely built, constructed and erected to conform with the requirements of this code. 5. The maximum height of any poli~,cal campaign sign or poster, except those that may be affixed to a wall, shall be l~ited 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. 2.5.5.2.3.9.2. Grand opening si,c/ns. 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. 2.5.5.2.3.9.3. Special events si.qns. A special events sicin not exceeding 32 square feet in size may be displayed to announce or advertise such temporary uses as fairs, carnivals, circuses, revivals, sporting events, or any public, charitable, educational event. Such sign shall be located no closer than] 15 feet to any property line. Such signs shall require a building permit. 2.5.5.2.3.10. Speciel purpose ~i~ns (on-site). Due. to the unique and varied nature of the following uses, additional signs ~ay be required to provide the desired level of service to the public. Special purpose signs shall be permitted as follows: 2.5.5.2.3.10.1. Theater si.crns (on-site), In addition to the 2iqn$ otherwiee permitted by this code, a rheatel shall be permitted a Chanq~abl~ m~ssage SicIn, the surface of which shall not exceed 100 square feet in area. Such sign shall require a building permit. words struck through are deleted; words underline4 are added. -12- 2.5.5.2.3.10.2. Automobile service stations. In...addi~io~ tO the SignS otherwise permitted by this ~ode, automobile service stations shall be permitted one changeable message sign not to exceed te~ Square feet in area for the purpose of displaying gaSoliDe prices only. ~uch. Siqn Shall be affixed to the structure of a pole on the property~ Such Sign shall require a building permit. 2.5.5.2.3.10.3. Time and temperature si.crns. One t!~e ~nd temperature Sign having a surface area not exceeding 18 square feet shall be permitted at each industrial, commercial or other non-.residentially zoned proper~y. Such signs may be affixed to the structure of .a p01e or ground Sign. Such....siqD Shall require a building permit. · 2.5.5.2.3.10.4. Commercial, business park and industrial directional or identification si.qns. Directional or identification Siqns no greater than Six square feet in size, and located internal to the subdivision or ~eve~Opment, may be allowed subject to the approval of the Community Development and Environmental Services Administrator, or his desiqnee,.' 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 siqn£ maintaining a common architectural theme may be combined into a single sign not to exceed six feet in heiqht, and 64 square feet in area. Such signs shall require a building permit. For siqnaqe 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. 2.5.5.2.3.11. On-premise si.cfns within agricultural districts. On-premises siqns shall be permitted within agriculturally zone~ or used property, for aqri-commercial uses defined within the Collier County zoninq ordinance only, and subject to the following restrictions: 2.5.5.2.3.11.1 One pole or ground sign identifying the farm organization, located at the entrance or gate of each street frontage, and only for permitted agricultural uses. The maximum allowable sign area for each pole or ground sign shall not exceed 100 square feet, and shall be located a minimum of 15 feet from any property lines, public or private right-of-way or easement. 2.5.5.2.3.11.2. Seasonal Farm si.qns (on-site). One tempQrary 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 siqns shall require a building permit. 2.5.5.2.3.11.3. U-Pic Sictns. One U-Pic sign located a~ the entrance or gate of each street frontage:. The maximum all0wable sign area for each U-pic sign shall not exceed 32 square feet, and shall be located a minimum of 15 feet from any property line, public or private right-of-way or eaSement~ words struck through are deleted; words underlined are added. -13- 2.5.5.2.3.11.4. Fa!1, manssrd, canopy or awnin~ signs within a~r~cultural districts. Wall, mansard, canopy or awninq signs. shall .be permitted within agriculturally zoned or used prooertv. for aqri-commercial uses defined within the Collier County zoning ordinance only, and subject to the followinq restrictions: One wall or mansard, canopy or awning sign. shall be permitted for each principal use structure On ~he...parcel, Corner parcels or double-frontage parcels shall be allowed one sign per st.r~et frontage, but such signs shall not be combined for the .purpose of .placing the combined.~rea on One W~ll, The maximum al~owabl~ display..~rea for any sign $bal~ not b~ more.than 20 per~eD~ of the total square fo0taqe of the wall to which it i~.af~ixed,.. ~d shall Cot in any case exceed 250 square feet in area per siqn~ 2.5.5.2.3.12. Off-premises directional signs. Off-premises directiOna% signs are permitted subject to review and approval of.the design and location of such signs by the Community .Development and Environmental Services Administrator, or his desiqnee, if the following.requirements ~re met: 1_=. Off-premises directional signs shall only be pez~nitted in nonres!dentially ~oned, or agricultural districts. 2. No more than two off-premise directional signs shall be permitted, identifying the location and nature of a building, structure, or use Which is not visible from the arterial roadway serving such building, structure, or uses, provided: 1__=. Each sign is not more than 12 square feet in area with a single-faced display area only. Double-faced signs shall not be p~rmitted. 2_~ The sign is not more than eight feet in height above the lowest center grade of the arterial roadway.. 3. The sign is located no close.r than 15 feet to any property line. 4. The applicant must submit with the permit application notarized written permission from the property where the off-site sign is located. 5. The sign shall only be located within 1,000 feet of the intersection of the arterial roadway serving the building, structure, Or use. 3. OffTpremises directional signs shall not be located cloSer...than 50 feqt from a residentially zoned district. Off-premises directional signs shall not be located closer than 100 feet from another off- premises directiOpal..Siqn. Words struck through are deleted; words underlined are added. [ -14- 2.5.5.2.3.13. ~ll,,m~nated ~iqns. All illuminated siqns shall have eleCtr$cal components, C0nD~c~iOnS, and installations tha~ conform to the National Electrical Code, ~nd 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 o~ adjacent propertieS; not be reflective or phosph0reSgen~& have a steady nonfluctuating or nonundulatinq.liqht Source,(Ord, No. 92-7~, ~ 2; Ord. No. 93-89, ~ 3; Ord. No. 94-27° § 3, 5-1894& Ord. No. 94-58, ~ 3, 10-21-94; Ord. No. 95-31, ~ 3, 4-18-95) Sec.2.5.6 Signs exempt from permitting. In addition to those signs identified elsewhere in this code, the following signs ar~ exempt from th~ p~r~it requirements of this code, and shall be permitted in all di@tri~ts 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 regulations. 2.5.6.2. On-premises directional signs, not exceedinq four squar~ feet in area, intended to facilitate the movement of pedestrians and vehicles within the site upon which such signs are costed. 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 buildin.q face or mailbox side, and denoting only the name of ~he occupant and, at the ocCup~nt,s ~lection, the occupant's professional [professional] or spegialty and/or the street address of the premise. 2.5.6.4. Memorial 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 D~mpinq," or other prohibitory or safety type signs, provided each sign does not exceed two sc~.are 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 acre in size. 2.5.6.7. One on-premises sign for model homes, approved in conjLunction with a temporary use permit in any zoning district. 2.5.6.8. One on-premises open house sign not to exceed four squar~ 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 fo[ public, charitable, educational or religious institutions located on the premises of said institutions and not exceeding 12 square feet in size. 2.5.6.10. Signs located on fences or walls surrounding athletic fields, or within sports arenas, stadiums and the like, not to. ~xceed 32 square feet in size, per si.qn. Si.crns shall be oriented along the ~ence or wall to face the field(s) or playing area, and away from any ad~acent. pub!ic or private roads. Words struck through are deleted; words underlined are added. 2.5.6.11. Tra. ffic control and~sa[etv signs or other municipal. county. state or federal signs, leqal nOtiCes, railroad Crossing ~igns~ danger Signs and such temporary emerqency signs when erected by an appropriate authoritv. 2.5.6.12. Holiday;.seasonal, or commemQrative decoratiOnS provided that Such siqns display no commercial advertising and provided that such siq~..are not displayed for a period of more than 60 days. 2.5.6.13. Window merchandise displays which are Changed On a regular ba~i~, meaninq no less frequently than every $0 days~ 2.5.6.14. Window signs not exceedin~ 25 percent of the total window 2.5.6.15. Siqns located at the entrance drive of residenCeS ~O~a~e~ ~PQD 2.25-acre lots or greater, displayinq the ~a~e ~nd address of the. resident, and not exceedinq four square feet in area, 2.5.6.16. Flags. or insiqnias of governmental, religious, charitable, fraternal Or other nOnprofit orqani~atioDs when displayed o~ property ~wned or leased to sa~d Organization. Non-co~mercia~ ~l~g~ tha~ will. be flown on a flagpole that does not..exCeed 15 fqet in heiqht above finish grade or extend more than ten feet from a~y building they are attached to, are allowable if the number of fl~qs displayed does not exceed those described in section 2.5.5.2.3.8 and the flagpoles do not require a certified design or be sealed by a Florida registered enqineer as described in section 2.5.5.2.3.8. 2.5.6.17. Advertising and ~d~ntifyinq.. Signs located on taxicabs, buses, trailers, trucks, or vehicle bumpers, provided such sign does not violate section 2.5.7 of this code. 2.5.6.18. Bulletin boards and identification signs for p~blic, charitable~ educational or religious institutions located on the pr~m~ses of said institutions and not exceeding 12 square feet in size. 2.5.6.19. Reliqious displays that do not constitute advertisinq. 2.5.6.20. Paintinq, ~epaintinq or cleaning of an advertisinq structUre,.or chanqes which are determined to be less than a substantial improvement. 2.5.6.21. gopy chanqes .for shoppinq..center, theaters, billboards or ~r..qu~¢s that have routine changes of copy, or are specifically desiqDe~ for changes of copy~ 2.5.6.22, One qround or wall siqn.may be used as a constn]ction sign by the qeneral contractor of the development, within each front yard for each parcel less than ten acre in size. 2.5.6.23. Temporary signs in conjunction with an approved.temporary Use permit. words struck throuqh are deleted; words underlined are added. Sac. 2.5.7. Prohibited eiqns. ~t Shall. b~ unlawful ..~o erect, cause. ~Q b~ ereqted, maintain or ~ause tO be mai~a~n~d, .any ~i~n not expressly authorized BY, or exempted from thi~ code, The fol~owinq s~qns ar~ ~xDre~lv prohibited: ~.5.7.1. Siqns which ~re.in violation of the bu~ldinq code or electrical code adopte~ by Collier County~. 2.5.7.2. Abandoned siqns. 2.5.7.3. Animated or activated siqns, except time arid temperarut~ sicins. 2.5.7.4. FlaShinq Siqns, ElectroDig reave[ b0~[ds tha~.d~ not.fla~h On and off are not flashinq siqns. 2.5.7.5. Rotatinq siqns.. 2.5.7.6. Illuminated siqns in any residen~ially ~oned or used distrigt~ except residential identification Siqns, res~dential.n~meplates, add stree~ ~iqn$ that are illuminated. ~y soft or .mu~e~ ~iqht, Nonre~i.dential uses within residentially used or zoned district by provisional use, PuD ordinance, Qr, ~s otherwise provided fO[ within the zoninq ordinance,. shall be allQwed the use of illuminated siqns, subject to the approval of the community services administrator, or his desiqnee.. 2.5.7.7. Siqns located upon, within, or otherwise encroachinq upon county or public riqhts-of- way, e~cept @s may be. permitted.. ~nder the provisions of Ordinance [No.] 82-91, as amended, and those erected by a qovernmental ~qency or required to be erected by a qovernmental aqency. 2.5.,.8. Billboards. 2.5.7.9. StriD lighted signs, 2.5.7.10. Neon type siqns exGept within all commercial and industrial districts. 2.5.7.11. Roof siqns. 2.5.7.12. Portable siqns. 2.5.7.13. Siqns which resemble any official siqn or marker erected by any qOvern~enta] a~encv, or which bv reason of position. shade or ~o!or, would conflict wi~h the proper function o~ a~y traffic sign or Sicrnal, or be Qf a size, location, movement. content. color. or illumination which ~ay b~ reasonably confused with or construed as~ or conceal~ a traffic cQntro~ dev~ce~ s~ate Law reference-DiSplaY of unauthorized traffic siq~.~ ~lq]3als or markinqs, F.S. ~316.077. Words struck throuqh are deleted; words underlined are added. -17- 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, tre~, 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 S~ction 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 beep isSued. by the community development services administrator or is d~signee 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 objectst 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 respec~ 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 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 bV reason of its size, location, movement, content, coloring, or method Qf 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 Sn on, where said sign is intended to attract or may distract the attention o~ motorists for the purpose of advertising a business# product, service, or th~ 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 2 square feet. This section shall not apply to magnetic type sign- affixed to or signs painted on a vehicle~ which are not otherwise prohibited by this code. Words struck through are deleted; words underlined are added. 2.5.7.25. uses flashiDq or revolvinq liqh~s, 0r contains the words "S~op," "Look", "Danqer," or any other words, phrase, symbol, or Chara~qr in ~u~h a manner as to interfere with, mislead, or confuse vehiCula~ ~raffi~, 2.5.7.26. Any siqn Which advertises or publicizes an activity not conducted On the premises upon which the siqn is maintained, except as otherwise provided for within this code. 2.5.7.27. No siqn shall be placed or permitted as a pr~nCipal use On any property, in any zoninq district except as followS; U-Pic siqns, political siqns, or siqns approved by temporary permit pursuant to the time limitatiQDs set forth heroin. 2.5.7.28. Tethered inflatable siqnsv 2.5.7.29. Accent liqhtinq as defined in this code, outlininq doors and windows, or attached to columns and vertical corners of structurest 2.5.7.30. Accent liqhtinq on walls of commercial buihtinqs that abut residentially zoned parcels. (Ord. No. 92-73, ~ 2; Ord. No. 93-89, ~ 3; Ord. No. 94-27, ~ 3, 5-18-94~ Ord. No. 94-58, ~ 3, 10-21-94) Sec. 2.5.8. Termination of prohibited sicrns. All siqns expressly prohibited by section 2.5.7, and their supportinq structures, shall be removed within 30 days of notification that the Sicin is prohibited by the Collier County Code EnforCement Director, Or his desiqnee, or, within thirty days of the end of the amortization period contained in Section 2.5.9, or, in the alternative, shall be altered so that they no lonqer violate section 2.5.7. Billboards with an oriqinal cost of $100.00 or more, and which have been leqally permitted, shall be treated as nonconforminq siqn~ and removed pursuant to section 2.5.9.3. (Ord~ No. 92-73, ~ 2; Ord. No. 93-89, § 3) Sec. 2.5.9. Nonconforminq siqns. Existinq siqns not expressly prohibited by this code and not conforminq to its provisions shall be reqarded as nonconforminq siqns. 2.5.9.1. The followinq Siqns, and siqn structures shall be removed or made 2.5.9.1.1. Siqns made of paper, cloth, or other nondurable materials. 2.5.9.1.2. All temporary siqns. 2.5.9.1.3. Those siqns described in sections 2.5.6.7, 2.5~6~13, 2,5.6.14, 2.5.6.17, and 2.5.6.18. Words struck throuqh are deleted; words underlined are added. -19- 2.5.9.2. NonconfOrminq Off-premiseS siqns, All Don~O~f0rmiDq Off-premiseS siqns, and siqn structures havinq an Oriqinal cost o7 value O= $100,00 qr mO[e may be maintained for the lonqer of the followinq periOdST 2.5.9.2.1. Two yeats from the date upo~ which the Siqn became nonconforminq under Ordinance No. 2.5.9 2.2. A period of three to seven years from the effective date Qf Ordinance No. , effective , accordinq to the amortization tabhe below. Permitted Years from Siqn Cost/Value Effective Date of Amendment (DATE) $100,00 to $1,000.00 3 $1,001.00 to $3,000.00 4 $3001.00 to $10,000.00 5 More than $10,000.00 7 2.5.9.2.3. Any owner of. an Off-premises siqn who requests an amortization period lonqer than two years shall, within one year from the date of enactment of these requlations, reqister the siqn with the Code Enforcement Director, or his desiqnee. The followinq information shal1 b~ .prOvided at the time of reqistration: the cost or value, whichever is qreater, of the siqn; the date of erection; or the cost or value and date of the most recent renovation; a photoqraph of the siqn or siqns and their supportinq structure, not less than five inches by seven inches in .Size; and a written aqreement to remove the siqn at or before the expiration of the amortization period applicable to the siqn. The off-premise siqn owner's siqnature shall be witnessed before a notary public on all requests for extended amortizations A req~.stration fee of $50.00 shall be paid at the time of reqistration. Sec. 2.5.10. Continuation of nonconforminq si.qns. Subiect to the limitations imposed by section 2.5.9 of this code, a nonconforminq siqn may be continued and may shall be maintained in qood condition as required by this code, but shall not be: 2.5.10.1. Structurally or mechanically extended Or altered to further the nonconformity, except in cases where it has been determined that there exists imminent danqer to the public safety. 2.5.10.2. Repaired or rebuilt when destroyed or damaqed to the extent of 50 percent or more of its replacement value, except in conformity with this code. 2.$.10,3. A nonCOn~QUniDq Perman~n~ On-pr~mis~s Or Q~f-pr~mi8es sicm shall Do~ b~ replace by ~nQ~ber nQnconforminq siqn except that sub$titutio~ o~ interchanqe of letters, poster panels, and painted boards, or dismou~table materials on noncOnforminq siqns shall be permitted throuqh the p~riod of nonconformity established by this code. Words struck throuqh are deleted; words underlined are added. °20° 2.5.10.4. Continued in use when any land use to which the sigh pertains has ceased for a period of 90 consecutivq days, or has otherwise ~hanqed~ 2,~,10,5. Nonconfo.rmi~q .~atUs. ~hal~ ~ b~ a~forded to any S~qD erected withOu~ the recruire~ permit issued bv the coUnTy, sta~, 07 any feder~ ~qen~y either before or after the enactment of this code, or to any pre-existinq.~igns which have been illegally install~d,..conStru~d, p~aced or maintained. 2.5.10.6 In the case of Sign which would be permitted by, add conform to, the requlations of this. Code, except that such signs violate the maximum heiqht, minimum setback from a property line, maximum siqn area and o~her · similar development standards, the Plan~inq Services DirectOr, or. hi~ desiqnee, may approve structural alterations upon written request, p~ovided the sign and or supportinq ~tructure is redesiqned so as to remove one or more of the nonconforminq aspects of the siqn. Sec. 2.5.11. Variances. The Board of Zoning Appeals based upon.the evidence ~iven in public hearing; and the findinq~ of the Plannin~ CommissiO~ should determine to the maximum extent possible if the Zra~tin~ of the variance will diminish or otherwise have a detrimental effect on the public interest, safety or welfare. A variance from the terms of this zoning code may be granted based on th~ requirements of section 2.7.5~ or where it ~an be demonstrated that a ~i.qn has ~i.qnificant historic or comunity si~nf~icance~ and pursuant to the criteria and procedures set forth in section 2.7.5 of this code. In ~rantinq any variance, the board of zoni~ ~ppeals may prescribe the following: 1. Appropriate conditions and safeguards in conformity with t~!s Code or o~her applicable county ordinances. Violation of such conditions and safeguards, when made a part of the terms under which the variance is ~ra~ted~ shal! be deemed a violation of this code. 2. A reasonable time limit within which the action for which the variance required shall be begun or completed or both. Sec. 2.5.12. Permit applications. 2.5.12.1. General. Any person wishing to erect~ p!ac¢, [ebUild, reconstruct, relocate, alter, or chanqe the sicin copy (see section ~.5.5. for exc~pti0ns) of any sign shall apply for and receive abuildinq permit in accordance with Resolution 91-642, prior to the commencement of any work. A buildinq permit will be issued by the community development services administrator, Or his desiqnee, provided that all permit requirements of the code and all other applicable provisions of Collier County's ordinances and requl~iQns have b~e~ met. 2.5.12.2. Permit fees. A building permit fee shall be collected pursuant to the fee schedule set forth by resolution. 2.5.12.3. Form. Every application for a building permit shall be in writing upon forms to be furnished by the Community Development and EnvirOnmental Services Administrator, or his desiqnee. Words struck through are deleted; words underlined are added. 2,5.12.4. ApplicatiQn ~on~nts. In order to obtain a p~rmi~ tO ¢r¢~t. Dlace. rebuild, reconstruct, relogat~, al~er or chanqe the sign CODV O any sign under the provision of this code, an applicant shall submit to the bUildin~ official a build~nq permit application which shall set forth in writinq a complete description of the proposed siqn includinq~ 2.5.12.4.1. The name, address and telephone number of the; (a) owner and lessee of the siqn and (b) siqn contractor or erector of the siqnT 2.5.12.4.2. The leqal description and the street address Of ~he property upQB which the Siqn is to be erected. 2.5.12.4.3. The dimensions of the siq"n includinq heiqhtT 2.5.12.4.4. The copy to be placed on the face of the siqn. 2.5.12.4.5. Other information required iq..th~ permit application forms provided bY the Community Development and Environmental Services Administrator, or his desiqnee; includinq two copies of the site plan, elevation drawinqs of the proposed siqn and identification of the type,... heiqht, area and location of all existinq pole siqns, qround siqns and.directory siqns on the subject parcelT 2.5.12.4.6. Two blueprints or ink drawinqs, certified by a..Florid~ reqistered enqineCr, of the plans and specifications and method of construction and attachment to the buildinq or the qround for all pole siqns and all pro~ectinq siqns; and any qround siqn over 32 square feet. 2.5.12.4.7. Wall siqns, or any separate part thereof, which is to be affixed to a wall shall be fastened flush with the surface with fasteners which shall have the capacity to carry the fUll.load of th~ sign or Separate part ~ber~of under wind load conditions of the approved Collier County Buildinq Code Ordinance [Code § 22-106 et seq.], Flood Ordinance [Code chT 62, art. II], and the Coastal Buildinq Zone Ordinance [Code ch. 22, ar~T VIII]. any such siqn or separate part thereof which is not mounted flush with the surface and which weiqhs more than 20 pounds shall have a Florida reqistered enqineer desiqn the mountinq or fasteninq system and depict the system on siqned and sealed drawinqs which shall accompany the permit application. 2.5.12.4.8. If the siqn or siqn copy is to be illuminated or electronically operated, the technical means by which this is to be accomplished. 2.5.12.4.9. The permit number shall be displayed or affixed at the bottom of the siqn face and shall have the same life expectancy as the siqn. S~ch ~erm. it number shall be clearly !eqible to a person standinq five feet in front of the base of the siqn and in no case shall the permit number be less than one-half inch in size. Words struck throuqh are deleted; words underlined are added. -22- 2.5.12,5. Expiration of permit, Building permits shall expire and become null and void if the work authorized by such permit is not ~Ommenced and inspected within six month~ frQm the date Of ~ssuance Of the permit, (Ord. N0. 92-73, ~ 2) Sec. 2.5.13. Enforcement. 2.5.13.1. General. No sign shall hereafter be erected, placed, altered or moved unless in conformity with this code. All signs located within COllier County shall comply with the following requirements~ 2.5.13.1.1. The issuan~ of a sign permi~ purSUeDt to the requirements of this code shall not permit the construction or maintenance of a sign, or structur~ in violation of any existing county, state or federal law or regulation. 2.5.13.1.2. All signs for which a permit is required shall be subject to inspections by the County Manaqer~ or his desiqnee. The County Manager, or his desiqnee, is hereby authorized to enter upon any property or premises to ascertain whether the provisions of this code are being adhered to, Such entrance shall be made during busine. ss hours, unless an emergency exists. The County Manager, or his desiqnee, may order the removal of any sign that is not in compliance with the provisions of this code, is improperly maintained, or which would constitute a hazard to the public health, safety, and welfare. 2.5.13.1.3. The Community Development and Environmental Services Administrator, or his desiqnee, shall be charged with interpretation and enforcement of this code. 2.5.13.2. Enforcement procedures. Whenever, by the provisions of this code, the performance of any act is required, or the performance of any act is prohibited, a failure to comply with such provisions shall constitute a violation of this code. 2.5.13.2.1. The owner, tenant, and/or occupant of any land or structure, or part thereof, and any architect, builder, contractor, agent, or other person who knowingly participates in, assists, directs, creates, or maintains any situation that is contrary to the requirements of this code may be held responsible for the violation and be subject to the penalties and remedie~ provided herein 2.5.13.2.2. Where any sign or part thereof violates this code, the complianc~ service manager or his desiqnee, may institute any appropriate action or proceedings to prevent, restrain, correct, or abate a violation of this code, as provided by law, including prosecution before the Collier County Cod~ Enforcement Board against the owner, agent, lessee, or Other person~ maintaining the sign, or owner, or lessee of the land where the sign is located.. Words struck through are deleted; words underlined are added. -23- 2.5.13.2.3, If a siqn is in such a ConditiOn as to be in danq~r o~ fallinq, or is a menace to the ~a~ety Of persons or property, or found So be ~n immediate and serious danqer ~o the public because of its unsafe condition, the provisions of section 2301.6 of the Standard Buildinq Cod~, aS adopted by Collier County shall qovern. 2.5.13.2.4. Code Enforcement shall immediately remove all viO~ative siqns located in or upon pubic riqhts-of-way or public property, 2.5.13.3. Penalties. If any person, firm or COrporatiOn, whether pubic Or private, or other entity fails or refuses to obey or comply with Or v~olate~ any of the provisions 0~ this gode, such person, firm co.rporation, or .O~her entity,.%mpon conviction of such of[ense, shall be cD~lty of a misdeme~DOr ~Dd shall be punished by a fine not tO exceed $500,00 or. by imprisonme~t no~ to exceed 60 days in the county ~ail, or both, in the discretion of the court. Each violation or noncompliance shall be considered a separate and distinct offense` Further, each day of continued violation or noncompliance shall be considered as a separate offense. Nothinq herein contained shall pre~nt.or restrict the county from takinq such other lawful action in any co~r~ o~ competent ~urisdictiQn as is neceSSary to prevent or remedy any violation or noncompliance. Such other lawful actions shall include ~Lut shall not be limited to, an equitable action for in~unctive relief or an action at law for damaqes. Further, nothinq in this section shall be construed to prohibit the county from prosecutinq any violation of this code by means of a code enforcement board established pursuant to the authority of F.S, ch. 162. .lOrd. No, 92-73, § 2) State law reference-Penalty for ordinance violations, F~S. ] 125.69. Words struck throuqh are deleted; words underlined are added. -24- DIVISION 6.3 DEFINITIONS Flags: Devices generally made of flexible materials, such as cloth, paper, or plastic, and displayed on string, poles or the like. This definition does not include the flag of any city, county state or country.(See Div 2.5.) Flaqs, noncommercial: Any flaq~ as ~h~rwiSe defined by this ~ode, di~pl~y~ with the intent of conveyipq a litera~y,.artisti~, p01itica~. philQsoDhical or reliqious messaqe and not 4o advertise an establishmeD~, or mer~hapdise. services or entertainment provided by SuCh e~bliSbmen~, Words struck throuqh are deleted; words underlined are added. ORIGIN: Current Planning AUTHOR: Ronald F. Nino DEPARTMENT: Planning Services Department LDC PAGE: 2:208.1 LDC SECTION: 2.6.33.4.3 CHANGE: To allow the holder of a temporary use permit for a · model home/sales center to apply for a renewal of the permit within ninety (90) days following its expiration. REASON: Operational experience with applications from holders of temporary use permits for model homes/sales office reveal that with these types of petitions, in part due to the two year initital approval period, there is a great deal of confusion and administrative problems in processing requests for the an extension. Therefore, staff is proposing a 30 day grace period for submitting an application for an extension to a model home/sales center temporary use permit. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None Amend the LDC as follows: 2.6.33.4.3 Extension of a temporary use permit issued for a model home or for a model sales center may be granted for a maximum of three years and shall require public notice and a hearing by the planning commission. A request for an extension and scheduling on the planning commission agenda shall be made within thirty (30) days of the prior to expiration of the initial temporary use permit issued for a model home or model sales center. Only one such extension may be granted and any additional requests for an extension shall be granted only in accordance with section 2.6.33.4.5. Notice of the public hearing shall be prominently posted on the property for which the extension is sought. Notice of the public hearing shall be advertised in a newspaper of general circulation in the county at least one time 15 days in advance of the hearing by mail to all owners of property within 300 feet of the subject property. The planning commission's action shall be based upon consideration of the following factors: 2/5 Doc. Ref. ~ 14506/md Words struck throuqh are deleted; words underlined are added. -1- ORIGIN: Community Development Services Staff and County Attorney's Office AUTHOR: Linda P. Sullivan, Code Enforcement Director DEPARTMENT: Code Enforcement LDC Pages: LDC 6:14 and LDC 2:177 · CHANGE: Revisions to definitions of "commercial equipment" and "commercial vehicles" (Division 6.3 Definitions) and 2.6.7.3 (parking of commercial vehicles or commercial equipment in residential areas) REASON: Current defiritions of commercial vehicles (based on weight and type of vehicle) and commercial equipment are ambiguous and, when strictly interpreted do not serve the intent of the ordinance, (i.e. the restriction of large, heavy, and unsightly commercial vehicles from residentially zoned districts. FISCAL AND OPERATIONAL IMPACTS: None, provided there is no showing of reliance on previous (erroneous) enforcement policy which would cause undue financial hardship. This problem may be alleviated by a grandfathering provision or policy. DIVISION 6.3 DEFINITIONS (Commercial Equipment): Any equipment commonly used in a commercial , i.e.,) .... : c ' for the transportation of equipment, materials, or merchandise, whether or not said equipment is attached to a vehicle in some kup t~uck~~ or any passenqer vehicles structurally modified ~pecl'fFTC~T/~for commercial application (See section 2.6.7) Section 2.6.7.3 Parking of commercial vehicles or commercial equipment in residential areas. Words struck through are deleted; words underlined are added. -1- Section 2.6.7.3.1 It shall be unlawful to park a commercial vehicle or commercial equipment on any lot in a residential zoning district unless one of the following conditions exists: 1. The vehicle is engaged in a construction service operation on the site where it is parked. The vehicle must be removed soon as the construction cf~2~or~ service activity has been completed. 2. The vehicle is parked in a garage, carport, or fully enclosed structure and cannot be seen from the street serving the lot. 3. The vehicle is parked in the rear of the main structure and is enclosed within a vegetative screening which conceals the vehicle from the view of neighbors. 4. Any Aautomobilee, passenger type vane, and or pickup trucke, provided said vehicle has not been struct~hrally modified -Id ~mpt~d from this section unless otherwise prohibited by a special parking overlay district. Words struck throuqh are deleted; words underlined are added. -2- ORIGIN: Current Planning AUTHOR: Bryan Milk, Project Planner DEPARTMENT: · Planning Service LDC PAGE: LDC 2:247 LDC SECTION: 2.7.4.2 CHANGE: Addition of clarifying language for submittal requirements for a conditional, use petition. REASON: Submittal requirements for a conditional use petition requires various information and plans pertinent to the subject request. Staff maintains that information contained in section 2.7.4.2 should be submitted during the conditional use review process to support the subject request and enhance staffs review of the petition. FISCAL & OPERATIONAL IMPACTS: This amendment should have little or no fiscal or operational impact on the County. RELATED CODES OR REGULATIONS: None. Amend the LDC as follows: 2.7.4.2 Written Petition. A written petition for conditional use shall be submitted to the development services director indicating the basis in this zoning code under which the conditional use is sought and stating the grounds upon which it is requested, with particular reference to the types of findings which the board of zoning appeals must make under section 2.7.4.4. The petition should include material necessary to demonstrate that the grant of conditional use will be in harmony with the general intent and purpose of this zoning code, will be consistent with the growth management plan, will not be injurious to the neighborhood or to adjoining properties, or otherwise detrimental to the public welfare. Such material may Shall include, but is not limited to, the following, where applicable: Doc. Ref. # 14651/md 2/5/96 ORIGIN: Current Planning ALPTHOR: Ronald F. Nino, AICP Senior Project Planner DEPARTMENT: Planning Services Department LDC PAGE: 2.250 thru 251 · LDC SECTION: 2.7.5 CHANGE: To broaden the scope of the application of findings and review criteria which the Board of Zoning Appeals may apply to variances in determining whether to approve the variance and to recognize other considerations that transcend the requirement for a land related hardship. REASON: The requirement for a strict legal application of the undue hardship areas test for all practical purposes makes it virtually impossible to find for the granting of variances. This strict application has its roots in the proposition that all the regulations are necessary to achieve the goal of safeguarding the public interest, safety, and welfare, all in the context that it was essential that buildings be spaced to reduce the potential devastation of fires, and to ensure adequate circulation of air, and penetration of light to the ground. Setbacks from streets were seen as essential to provide for eventual widening of streets and to accommodate increasing infrastructure including above and below ground infrastructure. Over the years it is clear that development standards have increased so that it is no longer certain that the standards are essential to protect the public interest, safety and welfare and that much of todays regulatory jurisdiction has to do with attempts to establish a certain image as opposed to doing only that essential to protect the public interest, safety and welfare. Examples of these relationships include residential setback and yard requirements that vary by the type of single family zoning district. Obviously the public interest, safety and welfare isn't different for each zoning classification. Therefore if a 7.5 foot sideyard achieves it for one district should it not achieve it for all? The same can be said about many other regulations. The point is that there are degrees of undue and unnecessary hardship. The degree to which an applicant is held hostage to the hardship test ought to be the degree to which the amount of the variance has the potential to adversely impact the public interest, safety and welfare as measured against neighboring properties. For that reason staff came to the conclusion that'the Board of Zoning Appeals should be able to exercise greater discretion in determining variances and that an applicant not be held to the strict application of the hardship test. To determine how other places have traditionally dealt with this matter staff contacted the American Planning Association who provided us with material from their library regarding national practices and legal interpretations. This material basically supports the proposition that non-use variances are dealt with on the bases of a broader definition than that of a land related hardship: Clearly most places distinguish between use and non-use variances as regards to a finding of undue and unnecessary hardship. Non-use variances like those pertaining to setbacks, and other development regulations have to meet a less demanding set of findings. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None Amend the Land Development Code as follows: Section 2.7.5 Variance procedures. Purpose. In specific cases, variance from the terms of this zoning code may be granted where said variance will not be contrary to the public interest, safety, or welfare and where owing to special conditions peculiar to the property, a diminution of a regulation is found to have no measurable impact Qn th~ public interest, safety or welfare; or a literal enforcement of the zoning code would result in unnecessary and undue hardship, or practical difficulty to the owner of the property and would otherwise deny the property owner a level of utilization of his/her property that is consistent with the develQpment pattern in the neighbOrhOod and clearly has no adverse effect on the Community at large or neiqhborinq prQperty ow~.~r~. The Board of Zoning Appeals based UpOn the evidence given in public hearing; and the findings of the Planning CommissiOn Should determine to the maximum extent possible i~ the granting of the variance will dimiDish or otherwise have a detrimental effect on the public interest, Safety or welfare. A variance from the terms of this zoning code may b~ granted based on the requirements of this section. 2.7.5.1.1 Types of variances authorized, A variance is authorized for any dimensional developmen~ standard, including the following: height, area, and size of structure; height of fence; size of yards add Open spaces; landscaping and · buffering requirements; size, height, maximum number of, and minimum setback for signs; ~pd minimum requirements for off-street...parkinq facilities. 2.7.5.2 Procedure 2.7.5.3 Written petition. A written petition for a variance shall be submitted by the applicant to the development ~lanninq Seervices D~irector. 2.7.5.4 Notice of pElanning eGommission public hearing. Notice of public hearing before the pElanning e~ommission is given at least 15 days in advance of the public hearing. The owner of the property for which variance is sought, or his agent or attorney designated by him on his petition, shall be notified by mail. Notice of the public hearing shall be prominently posted on the property for which the variance is sought. Notice of the public hearing shall be advertised in a newspaper of general circulation in the county at least one time 15 days prior to the hearing. Notice of the time and place of the public hearing before the ~Elanning e~ommission shall be sent at least 15 days in advance of the hearing by mail to all owners of property within 300 feet of the property lines of the land for which a variance is sought. 2.7.5.5 Planning Commission public hearing. The public hearing shall be held by the ~Elanning e~ommission. Any party may appear in person, by agent or attorney, or may submit written comments to the development Planning Seervices Dairector. 2.7.5.6. FindinZs. Before any variance shall be recommended for approval to the board of zoning appeals, the pEanning e~ommission shall consider and be guided by the following standards in making a determination: 1. Are there special conditions and dircumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved --~ -'~:-~ ...... ~:-^~- th~ ~,~c degree or CEment. ~c the lands, structures, ~ ~u~,~ ~ ~.~ same 2. Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existinq conditions relative to th~ property which is the subject. of the · variance request.. 3. Will a literal interpretation of the provisions of this zoning code the applicant tf riqhts.ccmmonl?enjoyed b" other -ro-crtics in ~ x F F .......... zonin~ ~ i "-~- ~u ....... = this ~str ct ..... r .... ~= ..... ~ zcn nq ee~ work unnecessary and undue hardship or create practical difficulties on the applicant. 4. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety or welfare. 5. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district. 6. Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare. 7~.. Are there D~tural C0nditioDS or physically induced condition~ ~h~t ameliorate thO qoals and objectives of the regulatioB Such as. natural preserves, lakes, golf. course, etc. Will granting the variance be consistent with the growth management plan. Doc. Ref. # 14512/md ORIGIN: Engineering Review AUTHOR: John R. Houldsworth Senior Engineer DEPARTMENT: Planning Services Department LDC PAGE: LDC 3-27 and 28 LDC SECTION: Section 3.2.7.3.4 of Division 3.2 Subdivision Regulations CHANGE: Amending section to state that no building permits shall be issued until a final plat is recorded, except as provided in the Model Home section of the code, as well as in the case of developer amenities such as clubhouses and recreational facilities. REASON: To be consistent with several other areas of the code. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. ORIGIN: Engineering Review AUTHOR: John R. Houldsworth Senior Engineer DEPARTMENT: Planning Services Department LDC PAGE: LDC 3-8 LDC SECTION: Section 3.2.4.8 of Division 3.2 Subdivision Regulations CHANGE: Section 3.2.4.8, Clarify that lot line adjustments may occur when properties are under separate or the same ownership. REASON: Clarification. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None 3.2.4.8 Lot line adjustment. An adjustment of a lot line between contiguous lots which are under separate ownership or ~he same ownership shall be exempt from this division if all of the following conditions are met in a written request to the development services director: 3.2.7.3.4 Relationship to Site Development Plans. Anything contained elsewhere in this Code to the contrary notwithstanding, a major final or minor site development plan may be accepted for concurrent review with a preliminary subdivision plan, however approval shall be withheld until the Preliminary Subdivision Plat is approved except where no preliminary subdivision plat is required under a minor subdivision. Further, no final site development plan (whether minor or final) shall be approved prior to approval of the Final Plat by the Board of Commissioners, however, no ~crtifi~atc-of occupancy buildinq permi~ will be issued until the plat is recorded, except for development a~ni~iCs such as club houses, swimming poolS, quard houses and the like, upon approval Of the pla~ by the Board of County Commissioners and pursuant to SubmisSion of a Site Development Plan, Or a temporary use permit as may be'permitted by Section 2,6~33.4 of this Code. Relationship to Zoning and Planned Unit Developments. Anything contained elsewhere in this Code to the contrary notwithstanding, no preliminary subdivision plat shall be approved prior to final approval of the zoning or planned unit development for the proposed subdivision; provided, however, the zoning or planned unit development application and the preliminary subdivision plat may be processed concurrently at the written request of the applicant to the Development Services Director. Words underlined are additions; Words struck t,hr,~ugh are ~ deletions. jrh/ew/doc.2433 2/5/96 Words struck throuqh are deleted; words underlined are added. -6- ORIGIN: Engineering Review AUTHOR: John R. Houldsworth Senior Engineer DEPARTMENT: Planning Services Department LDC PAGE: LDC 3-8 LDC SECTION: Section 3.2.4.9 of Division 3.2 Subdivision · Regulations CHANGE: Clarify when a previously subdivided property is considered "vested" and exempt from this code. REASON: Clarification. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: NoD3 3.2.4.9 Prior subdivision. All division of land occurring prior to the effective date of this code and conforming to the purposes of this division, shall be exempt from this division; provided, however, that any property so divided which is resubdivided or further divided on or after January 10, 1989, shall not be exempt from this division. For agricultural/residential subdivisions within the rural area of Collier County as defined herein, refer to section 3.2.4.t110; Also see "Lot of Record" in Division 6.3. jrh/ew/doc.2433 2/5/96 Words struck thrOuqh are deleted; words underlined are added. -4- ORIGIN: Engineering Review AUTHOR: John R. Houldsworth Senior Engineer DEPARTMENT: Planning Services Department LDC PAGE: LDC 3-8, 3-9, 3-10, 3-11, and 3-12 LDC SECTION: Section 3.2.4.10 of Division 3.2 Subdivision Regulations CHANGE: Delete section 3.2.4.10 which is no longer applicable and renumber subsequent sections to reflect this deletion. 3.2.4.11 through 3.2.4.12.4. REASON: Previous amendment to code redefined "subdivision" to be the dividing of property into three or more lots, parcels,' etc. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None u,, a rccordcd SU vision (c) Thc lot or ~arccl is only to bc split Cncc tc form no mcrc than two single family parccls. right cf wa~.. (e} Nc su~ivlsicn im~rcvCm~nts arc rc~dircd. Words struck throuqh are deleted; words underlined are added. -1- ~= tkc abC;'c criteria arc cor..pli~d ~'i~k th¢~ ~hC rcsubdivi:ion ^~ .... ~ ~ ......... ~ -~-~ ~ ......... ..... ~:'~:~-~ until -~ ~ ~- prcvi~iQnC Cf scgtiGn ~: ...... immediately aft~ r~rdlnq i~ c~m~!¢~cd ~"'~ Cf cQunty C~mmiszi~r~ adOptiOn ~'h~h ~:ill --' ..... ~-~-- ~- subdivision and Order th~ clerk of 3.2.4.{}10 "Renumber only, no text changes to this paragraph". 3.2.4.1110.1 Exemption from platting and subdivision regulations. The division of property meeting the definition of rural subdivision shall not require the subdivider to record a final plat nor comply with the subdivision regulations provided in division 3.2. the subdivider and purchaser of the property shall comply with the regulations provided in section 3.2.4.~-~10. The division of property not meeting the definition of rural subdivision is required to comply with all requirements of division 3.2. 3.2.4.~-~10.2 "Renumber subsequent paragraphs consecutively, no text cahnges to these paragraphs" 3.2.4 .{-~10.3 3.2.4 .{}10.4 3.2.4 .{-~11 3.2.4.{-~11.1 Exemption from plattin9 and subdivision regulations. The division of property of Chokoloskee Island shall not require the subdivider to record a final plat nor comply with the subdivision regulations provided in division 3.2 The subdivider and purchaser of the property shall comply with the regulations provided in section 3.2.4.1311. The division of property not on Chokoloskee Island is required to comply with all requirements to division 3.2. All parcels of land existing on Chokoloskee Island as of October 30, 1991, and identified in the property appraiser's official records, which do not conform to the minimum lot area and lot width requirements of the overlying zoning district shall be considered conforming lots. Any subdivision of Words struck throuqh are deleted; words Underlined are added. -2- land on chokoloskee Island occurring after October 30, 1991, shall comply with the minimum lot area and width requirements for the overlying zoning district in effect at the time the land is subdivided. In any case, except as described above, the minimum applicable development standards set forth in the land development code shall apply, unless a variance therefrom is obtained. 3.2.4.1311.2 "Renumber subsequent paragraphs consecutively, no text cahnges to these paragraphs". 3.2.4.{-~11.3 3.2.4.1311.4 jrh/ew/doc.2433 2'/5/96 Words struck throuqh are deleted; words underlined are added. -3- ORIGIN: Staff AUTHOR: Thomas ~. Kuck, P.E. Engineering Review Services Manager DEPARTMENT: Planning Services Department LDC SECTION: 3.2.6.3.4.2 CHANGE: Provide provision for Community Development and Env REASON: Streamline approval process by providing a provision to approve subdivision performance security without being submitted as agenda item for Board approval. Format will' be reviewed and approved by County Attorney. FISCAL & OPERATIONAL IMPACT: None to Collier County. Will streamline approval proce~;s for approval of subdivision performance security and/or substitution of alternate securities. RELATED CODES OR REGULATIONS: LDC Section 3.5.5.6 performance security. (Also being addressed in subsequent amendment to LDC). ADD TO SECTION 3.2.6.3.4. § 3.2.6.3.4.2 - Recordation of final subdivision plat. 2. Posting of subdivision performance security. Approval of the final subdivision plat shall not entitle the final subdivision plat to be recorded unless the required improvements have been completed by or for the applicant and accepted by the County, or the required subdivision performance security for the construction of the required improvements, both on-site and off-site, has been posted by the applicant, in a format apprcved by the county attorney and approved and accepted by the Board of County Commissioners or the Community Development and Environmental Services Administrator, or his designee, on behalf of the Board. Once a subdivision performance security has been approved and accepted alternate securities, in a format approved by the County Attorney may be approved by the Community Development and Environmental Services Administrator, or his desiqnee, on behalf of the board. TEK/mk/Doc: 417 2/5/96 Words underlined are additions; Words struck through are deletions. -1- ORIGIN: Board of County Commissioners & Staff AUTHOR: Thomas E. Kuck, P.E. Engineering Review Services Manager DEPARTMENT: Planning Services Department LDC SECTION: 3.2.8.4.22.11, 3.3.6.7 · CHANGE: Add paragraph "i" which requires additional design inf 1. The master drainage plan will show proposed finished elevations at all lot corners. 2. The design engineer shall submit the basis for his wet season water table selection. 3. Engineer of record shall provide documentation prior to final acceptances that the water management maintenance entity has been provided information on how the system works and their responsibilities in maintain the system. REASON: Detailed water management plan with designed lot corner elevations will assist staff on final inspection prior to CO., and will assure that all lots will be graded in conformance with approved design and will reduce future lot grading/drainage problems. Providing documentation that the water management maintenance entity has been provided information on how the system works and the maintenance responsibilities will reduce future misunderstandings and/or miscommunication of future property owners of their responsibilities. RELATED CODES OR RESOLUTIONS: None. PLANS AND SPECIFICATIONS: As a precondition for approval of improvement plans, the developer shall deliver to the development services director complete plans and specifications in report form prepared by a registered professional engineer licensed to practice in the State of Florida, which shall include, but may not be limited to, the following: Words underline4 are additions; Words struck throuqh are deletions. -1- 3.2.8.4.22 COLLIER COUNTY LAND DEVELOPMENT CODE a. A topographic map of the land development related to NGVD with sufficient spot elevations to accurately delineate the site topography, prepared by a professional surveyor. b. A drainage map of the entire basins within which the development or subdivision lies. This map may be combined with the above topographic data in a manner acceptable to the development services director. All ridges lying within the basins and the area of the basins stated in acres, of all the existing and proposed drainage areas shall be shown and related to corresponding points of flow concentration. c. Flow' paths shall be indicated throughout including final outfalls from the development and basins, existing water elevations, all connected and isolated wetlands, recurring high water elevations, proposed design water elevations, and other related hydrologic data. d. Drainage data, assumed criteria and hydraulic calculations, consistent with the criteria and design method established by the South Florida Water Management District. e. Plans showing proposed design features and typical sections of canals, swales and all other open channels, storm sewers, all drainage structures, roads and curbs, and other proposed development construction. f. Plans and profiles of all proposed roads. Where proposed roads intersect existing roads, elevations and other pertinent details shall be shown for existing roads. g. Where additional ditches, canals or other watercourses are required to accommodate contributory surface waters, sufficient right-of-way shall be provided by the developer or subdivider to accommodate these and future needs. h. For projects which require a construction permit to be issued by the South Florida Water Management District, approval of improvement plans and the final subdivision plat shall not be granted by the development services director until a copy of the permit or an acceptable "early work" permit is submitted to the development services director. words underlined are additions; Words struck throuqh are ~ deletions. -2- ADD TO SECTION 3.2.8.4.22.11 i. The master drainage plan shall include the drainage plans. a~d details for ~1 lots, ~ typical lo~ draSDa~e detail may be used for rep~itive cases. Th~ master drainage plan shall show proposed finished grade elevations at all 10t corners add breaks in grade, The engineer shall state on the water management calculations the basis for wet season water table selection. The enqineer Of record prior tO final acceptance, shall provide documentation from the ~ormw~ter maintenance entity that it has been provided information on how the stormwater system Works and their responsibility to maintain the System, ADD TO 3.3.6.7 Water management master plan on the property, considering its e£fect on adjacent and nearby properties and the consequences of such water management master plan on overall county capacities. Water management areas shall be required to be maintained in perpetuity according to the approved plans. Water management areas not maintained shall be corrected according to approved plans within 30 days. The enqineer of record, prior to final acceptance, Shall provide documentation from the stormwater maintenance entity; indicating that said entity has been provided information on how the stormwater systems functions and indicating responsibility for maintenance of the system. TEK/mk/Doc: 416 2/5/96 words underlined are additions; Words struck through are deletions. -3- ~GI~ERING REVI~ SERVICES MEMORAND~ ORIGIN: Staff AUTHOr: Thomas E. Kuck, P.E. Engineering Review Services Manager DEPARTMENT: Planning Services Department LDC Section: 3.5.5.2.2, 3.5.5.6, 3.5.6.1.3, 3.5.7.2.5, 3.5.10.1.2 CHANGE: Eliminate the necessity to go back before the Environmental Advisory Board when a previously approved development excavation requests permission to remove surplus material from site. Provide provision for Community Development and Environmental Services Administrator/designee to approve performance security for excavations. Reduce the number of required soil auger borings for excavations. Provide provision for Community Development and Environmental Services Administrator/designee to approve littoral zone planting performance security. Increase the amount of performance guarantee for excavations. REASON: Streamline approval process by not requiring previously approved excavations to go back before the EAB for minor changes. Streamline the approval process by providing a provision for staff to approve excavation and littoral zone planting performance security. Increase excavation wperformance security to assure adequate funds for restoration in the event of default. RELATED CODES OR REGULATIONS: None FISCAL AND OPERATIONAL IMPACT: None to Collier County. Will streamline approval process for approval of performance guarantees. Increase in excavation security will result in additional cost to commercial excavation permittee. ~ 3.5.5.2.2 - ~ssuance of Commercial ~xcavetion ~ermits Applications for commercial excavation permits shall be reviewed by the ~mcnt Scrviccs ~ircctc~ COmmUnity D~v~lOpmen~ and Environmental Services Administrator, Qr his dCsiqne~, and by the Environmental Advisory Board for recommendation and approval by the Board. When a request is made to remOv~ SurplUS fill material from a previously approved development excavation, the requirement for review by the Environmental Advisory Board Shall be waived. Words underlined are additions; Words struck through are deletions. -1- § 3.5.5.6 Fees and guarantees Fees and guarantees. Upon dcvCl~pmC~t $~rv~ dirccto~..~ Community Development and EnvirOnmOptal ServiCes AdministratOr, or his desi~neeo approval On behalf of the Board Of County Commissioners, the applicant will, within 60 days of written notification from the ~ .... ~ ........... :--- ~: ...... Community Development and EnvirOnmental AdministratOr, pay the required permit fee, road impact fee if required and post, if required~ the appropriate performance guarantee, in a format ~pprQvCd by the County AttorneV~ In addition, the applicant shall provide ~ritten proof of payment of road impact fees in accordance with section 3.5.9.3, if required. § 3.5.6.1.3 Logs of soil auger borings with field classification shall be provided uhless existing recent data is available and provided to the development services director, for use in determining minimum and maximum depths and appropriate side slope configurations and evidence of any confining layers, this latter to determine if on-site or adjacent wetlands are "perched." The depth of the soil auger borings shall extend to a point at least one foot below the proposed bottom elevation of the excavation, and shall be of at least the following density according to size of each excavation: ~--~ ~- 9 9 acres/fcur iccaticn~ tcn acr~ cr mOr~/fcur IcCatiQno ~^~ ~=~-~ tcn acrc~ ~lus one for c~ch a~iticnal ~c~ aCrc~ or fractional part t~hcrccf zero to 4,9 acres/two lOcatiOns; 5 to 9,9 acres/three locatioDs; 10 acres or more/three locations plus one for each additional twenty acres or fractional part thereof. §3.5.7.2.5 In order to ensure a minimum eight percent coverage of littoral zone planting areas, a performance guarantee pursuant to the provisions of section 3.5.~0 will be required upon completion and acceptance of each excavation permitted by the county. The value of the guarantee shall be based on a cost estimate to replace the original installed littoral zone plants. The guarantee must be submitted ~-~ ........ ~ ~" tk ~ .... ~ ^~ ............ :~": ..... i format approved by the County Attorney and apprOved by the Community Development and Environmental Services AdminiStratOr, or his desiqnee, on behalf of the Board of county commissioners prior to preliminary acceptance of the permitted excavation(s) and shall be held for a period of a minimum of one year to permit the planrings to become established within the lake. The guarantee may only be released by the county upon the completion of a final inspection which confirms that at least 80 percent coverage has been obtained. Words underlined are additions; Words struck throuqh are ] deletions. -2- §3.5.10.1.2 All other excavations shall, within 60 days after approval notification, have their performance guaranteed by (a) a cash deposit or cartificate of deposit assigned to the board~ (b) an irrevocable letter of credit or a ~urety bQnd, Unless otherwise ~approved by the ~ .... ~ ...... Planning Seerivces D airector, certificate assignments or letters of credit shall be documented on forms to be provided by Collier County. The performance guarantee posted for on-site excavation activities shall be.in an amount of no less than ~.~ nn^ n~ ..... $~5,000,00 nor mor~ than $tOO,OOO.OO $500,000,00 computed at the rate of ~ S0.25 per cubic yard to be excavated to ensure compliance with the provisions of this division but such performance guarantee shall not act to limit any guarantees required for off-site road impacts that may be necessary in accordance with section 3.5.6.1.3.6'. The permi~tee..may providO a phasinq plaD whereby the required performance quaraDte~ may b~.. reduced provided that security requirements are met in the first phase. No excavation shall take place in future_phases until either the first phase is completed and approved by Collier County or additional security requirements are provided for the future phase(s) of work. Performance guarantees for platted lakes shall be in an amount equal to the engineer's certified construction estimate. md/14712 Words underlined are additions; Words struck through are deletions. -3- ORIGIN: Current Planning AUTHOR: Ronala F. Nino, AICP Senior Project Planner DEPARTMENT: Planning Services Department LDC PAGE: LDC 6.10 LDC SECTION: Division 6.3 CHANGE: To broaden the interpretation of the definition for "building height" by exempting therefrom mechanical rooms and other rooftop infrastructure in support of the' building and to specifically allow recreational uses. REASON: Administratively for some years the application of the definition for measuring building height has exempted from the limitations of building height rooftop equipment rooms and other space occupied by infrastructure in support of the building. While staff is of the opinion that the current definition excludes those mentioned rooftop uses by literal interpretation nevertheless, the definition does not specifically say so. In order to make it crystal clear that our operating practice is consistent with that interpretation, staff urges amendment to accomplish this. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. Amend the Land Development Code as follows: Division 6.3 Definition Building, height of: The vertical distance from the first finished floor to the highest point of the roof surface of a flat or Bermuda roof, to the deck line of a mansard roof and to the mean height level between eaves and ridge of gable, hip, and gambrel roofs. Where minimum floor elevations have been established by law or permit requirements, the building height shall be measured from such required minimum floor elevations. (See section 2.6.3, Exclusions from Words struck throuqh deleted; words underlined added. ol- height limits, and Off-street parking within a building [section 2.6.3.2].) Required minimum floor elevations shall be in conformance with the Collier County Building Construction Administrative Code (Ordinance No. 91-56, section 103.2.1d [Code § 22-47(a)(4)], as amended) and, if necessary, FDEP requirements for minimum habitable first-floor structural support. Infrastructure in support of ~he building, such as mechanical rooms for fire SuppreSSiOn aDd/Or air conditioning ecmiDment and elevator shafts are not included in the determination of building height, Rooftop reCreatiOnal Spa~e and ~ce~sory facilities are also exempted from the limitations established for measuring th~ height Of buildingS, Ref. # 14591/md Words struck through deleted; words underlined added. -2- ORIGIN: Community Development and the County Attorneys Office AUTHOR: John R. Houldsworth, Senior Engineer and Heidi Ashton, Assistant County Attorney DEPARTMENT: Planning Services Department LDC SECTION: Appendix A CHANGE: Defining the effective date and duration of a Perfor~.ance Bond. REASON: Current Bond form is unclear as to expiration date. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES AND REGULATIONS: None Amend LDC as follows on attached page. COLLIER COUNTY LAND DEVELOPMENT CODE PERFORMANCE BOND KNOW ALL PERSON BY THESE PRESENTS: that (NAME OF OWNER) (A/)DRESS OF OWNER) (hereinafter referred to as "Owner") and (NAME OF SURETY) (ADDRESS OF SURETY) · (hereinafter referred to as "Surety") are held and firmly bound unto Collier County, Florida, (hereinafter referred to as "County") in the total aggregate sum of Dollars ($ ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Owner and Surety are used for singular or plural, as the context requires. THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has submitted for approval by the Board a certain subdivision plat named and that certain subdivision shall include specific improvements which are required by Collier County Ordinances and Resolutions (hereinafter "Land Development Regulations"). This obliqation of th~ $ure~V shall commence on the date this Bond is executed and shall continue until the date of final acceptance by the Board of County Commissioners of the specific improvements described in the Land Development Requlations (hereinafter the "Guaranty Period"). NOW, THEREFORE, if the Ow~ler shall well, truly and faithfully perform its obligations and duties in accordance with the Land Development Regulations during the QGuaranty p. Eeriod established by the County, and the Owner shall satisfy all claims and demands incurred and shall fully indemnify and save harmless the County from and against all costs and damages which it may suffer by reason of Owner's failure to do so, and shall reindDurse and repay the County all outlay and expense which the County may incur in making good any default, then this obligation shall be void, otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulates and agrees that no change, extension of time, alteration, addition or deletion to the proposed specific improvements shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration, addition or deletion to the propped specific improvements. PROVIDED, FURTHER, that it is expressly agreed that the Bond shall be deemed amended automatically and immediately, without formal and separate amendments hereto, so as to bind the Owner and the Surety to the full and faithful performance in accordance with the Land Development Regulations. The term "Amendment," wherever used in this Bond, and whether referring to this Bond, or other documents shall include any alteration, addition or modification of any character whatsoever. IN WITNESS WHEREOF, the parties hereto have caused this PERFOPJ4A2qCE BOND to be executed this day of (Owner's witness and signature block) (Surety's witness and signature block) (notary and acknowledgment for both Owner and Surety required) 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. 96-21 Which was adopted by the Board of County Commissioners on the 8th day of May, 1996, during Special Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 10th day of May, 1996. DWIGHT E. BROCK ,,,"""'~ ~ . Clerk of Courts ancl-'~lerk Ex-officio to Boar.d ~'f.." ". County Commission~r~. ' ,~. . ""'.'..'.r, . :..-~- ~_...:....... ...: ;., ,,.;..., .-.. ~.~ ~y: Maureen Keny~,n ',.". Deputy Clerk %, :~".'.;" . .'.-', , ','