Ordinance 95-58 ORDZHANCE 1;O. 95- ~
AH ORDINANCE ANDIDING ORDIHAHCE H~4B~ 91-102,
~D~ ~g ~L~I~ CO~ ~D D~~ C
S~ONS ~ - S
HO~ P~~X ~DING FOR: S~ON ONE,~
~ ~ON OF ~~S TO ~E ~D ~
S~ILI~ SE~O~ F~, IN~S~O~ IN ~E ~ODE
OF ~WS ~ O~ZN~; A~ SE~OH SIX~ EFF~VE~
D~.
~~ ~ ~o~r 30, 1991~ the Board o~ C~nt? C~issioners
a;~ed ~dinan~e ~r 91-102~ ~ich established the Collier C~nty
~M ~el~nt ~e ~i~h has ~en n~ently asnded~ and
~~ the ~M ~el;ent CMe ey n~ ~ amended m~e than
tvo times in each taleMar year ~rsuan~ to Se~ion 1.19.1~C~ and~
~~ this is the ~irst amenbent to the ~nd Develo~ent CMe,
~diMnce 91-102, in ~is nlendar year; and
~~ on ~rch 23~ 1993 the Boa;d o~ C~n~y C~issioners
ad~t~ Resolution 93-124 es~blishi~ l~al r;irnents and
~ures ~or amendin~ the ~; and
~~ all r~irnents o~ Resolution 93-124 have ~en met~ aM
~, the Board oZ C~nty C~issioners in a snner pres~i~
~ lay did hold adve~ised ~blto hearings on ~o~r 18 and
1995 and did take a~lon concenin~ these aendments to the ~C~ and.
~~, all applicable sultanrive and pt~ural regiments
the lay have ~en met.
N~ ~E~RE B~ IT ORDAZN~ ~ the Board oZ C~nty C~lssioners
o~ Collier County~ Florida~ thatt
SE~ION ONE: REClTXM
~a Zo=e~oin~ reci~2s are the and co~ect and inco~o:ated
reEe;ence herein as iZ ~ull? set
~e Board oZ County Co~issioners oZ Collie~ County, Flo;ida~
hereby makes the ~oll~ln~ Zindin~s o~ Zac~:
1. Collier County, pursuan~ to S0c.163.3161, ~ ~.,Fla.
the Florida ~cal Cove~ment Comprehensive Planninq a~d ~nd
1
bevslopsen~ Regulation Act. (hereinafter the "Act"), le required to
prepare and adop~ a Comprehensive Plan.
2. After adoption of the C~rehensive Plan, the A~ and in
pa~i~lar $~. 163.3202(1). FIe. Stat.~ mandates that Collier C~nty
ad~ la~ d~el~nt r~lations tha~ are consis~en~ vith and
i~l~en~ the ad~ c~rehensive plan.
3. See. 163.3201, tla. S~t., pr~ides ~hat it is the intent o~
~e ~ ~at ~e ad~ion a~ enZorc~en~ ~ Collier C~n~ o~ land
d~el~nt r~la~i~ ~ the t~al uninco~ra~ed area shall h
~s~ ~; h rela~ to, a~ ~ a means o~ i~l~en~a~ion ~or, the
ad~ ~~ensive Plan as r~ir~ ~ the ~.
4. Sac. 163.3194(1)(b)~ Fla. Star., re~ires tha~ all land
d~el~n~ r~la~i~s ena~ ~ a~nd~ ~ Collier C~nty ~
c~sis~n~ ~i~h ~he ad~t~ C~ehensive Plan, ~ el~en~ ~ ~ion
~er~f, a~ a~ land d.sl~nt r~lations existing a~ the time o~
ad~ion ~lch are n~ ~sis~nt vi~ ~s ad~ C~ehsnsivs Plan,
~ sinant ~ ~i~ ~ereoZ, shall h amended so as to h co~istsnt.
S. S~. 163.3202(3)~ Fla. S~., s~es tha~ the A~ shall h
cu~ ~o enc~ags ~e use of inn~a~ive land d.el~en~
r~latio~.
6. ~ ~a~a~ 10, 1989, Collier C~y ad~ ~e ~llisr
~ ~ ~gmnt Plan (hersinaZtsr ~e sCr~ ~nagm~ Plans
~ .~s) as its C~shensivs Plan mant to ~e r~irnents oZ
See. 1634.3161 ~ ~. Fla. S~t.~ a~ ~ls ~-5, F.A.C.
7. Sec. 163.3194(1)(a)~ Fla. S~at., ~ndates tha~ after a
C~rehensivs Plan, or element or potion ~hereo~, has been adopted in
confomi~y vi~ ~s ~, all d.sl~nt u~emken ~, and all a~i~
~en In r~a~ to devel~ent orders ~, g.smen~l agencies in
r~a~ ~o la~ c~er~ ~ such C~ehensive Plan or el.en~ or ~ion
~sreof shall ~ consistent with such C~rehensive Plan or elnent or
~ion ~ereof.
8. hrsuan~ ~o Sec. 163.3194(3)(a), Fla. S~a~., a devel~en~
order or land developmen~ r~la~ion shall h consis~en~ vi~h ~he
C~rehensive Plan if ~e la~ uses, densities or intensities,
and other aspects of development permitted by .uch order or regulation
are compatible with and further the ob~ectives, policies, land uses,
densities or intensities in the Comprehensive Plan and if it meets all
other criteria enumerated by the local government.
9. Section 163.3194(3)(b). Fla. Stat.,requires that a
development approved or undertaken by a local government shall be
consistent vith the Comprehensive Plan iZ the land uses, densities or
intensities, capacity or size, timing, and other aspects of development
are compatible vith and further the objectives, policies, land uses,
densitl~i 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 Developsent Code, which became effective on November
1991 and may be amended twice annually.
ll. 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
land, rarer and resources, consistent vith the public interest;
overcome present handicaps7 and deal effectively with future problems
that may result form the use and development of land vithin the to~al
unincorporated are of Collier County and it is intended that this Land
Development Code preserve, promote, protect, and improve the public
health, safety, comfort, rood order, appearance, convenience, and
~eneral velfare of Collier County; prevent the overcrowding of land and
avoid the undue concentration of population; facilitate the adequate
and efficient provision of transportation, water, severage, schools,
parks, recreational facilities, housinq, and other requirements and
services; conserve, develop, utilize, and protec~ natural resources
vithin the Jurisdiction of Collier County; and protect human,
environmental, social, and economic resources; and maintain, through
orderly ~rowth and development, the character and stability of present
and future land uses and development in Collier County.
12. It is the intent of the Board o~ County Commissioners of
Collier County to implement the Land Development Code in accordance
with the provtsions of the CoZZie= County c=o~ch t4anaqement Plan,
Chapter 125# Fla, Star., and Chapter 163, Fla. Star., and th=ouqh these
amendmentm to the Code.
SECTION THRZ~: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE
The Collier County Land Development Code :Ls hereby amended as
shorn on ~he side sheets vhich compromise Appendix A, attached hereto
and incorporated by reference herein.
SECrZON FOUR~ CONlq~Cr ~qD SEVERABILITY
In the event this Ordirmncs conflicts with any other Ordinance
Collisr"~ounty 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 ~rlsdiction, s~ch 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 TH~ CODt- OF LAWS AND ORDINAMCES
The provisions of this Ordinance shall become and be made a part
of the Code of Lays and Ordinances of Collier County, Florida. The
sections of the Ordinancs ~ay be rentmbered or relettered to accomplish
such, and the word eordlnancee may be changed to "section" , "articles,
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
Collier Co.unty, Florida, this J day of ~, 1995.
DATE:". ................,.. BOXRD OF COU]ffY COffi(ISSIONERS
'.-." . ..... ',, COLLIER COUNTY, FLORIDA
ATTESTs
.DWIGHT B. BROCk, .~IZRK BY
../"',".
!'B,,Ic?JORIE H. STUDEl, iT
fill
LDC J~E~DNENT ORDZ~I~CE/R3~/08/16/95 ol~
09/gllx Community Development Services Staff and County
AttOrney' s Office
xrn~cr~s Wayne Arnold, Planning Services Director
D~ARTKIITs Planning Services Department, CoOs
~De Ir~G]~t XJ~C 1~10-1tll
LDe IlCTZON, Division 1.6, Interpretations
CX3LIIGI, Revisions to interpretations procedure section
to include a~rop~late start titles and to clarity procedures
~3~SOlX, Organizational changes warrank insertion o~ new
Job titles In procedure
YZBC~L & O~ZgJtTZOXXL DfirACTBS This amendment should result
in no direct fiscal J3pacts to the County or applicants. The
current $200.00 application fee generally covers
administrative review tlme. Applications requiring a Joint
review by both the Building Official and Planning Services
DIrector may result in administrative costs exceeding the
$200.00 application fee.
ILZFAT~D CODF~ O~ ~TXONSt Section 1.6.6, Appeal to
Board o~ Zoning Appeals or Buildlag Board ot Adjustments.
Nee, 1o6olo Authority,
The ~ oe-~4M~ d&fee44~ plannine services
~ shall have the authority to make all
interpretations of the text of this code~. ~ the
~darles o~ zont~ dlstrt~s on the official zonin~
atlas, and ~ ~ ~ ~iz==tc= :hzil
~ ~ to ~ke all tnte~retattons of the text
of the ~h managnent plan and the ~undartes
land use districts on the future land use ~p.
~e chief buildinn official ~hall have the authority
to make all inte~retattons of the te~ of this
on matters rela~ed to the ~dfldinu c~e, ~ildinu
petit re~ir~ents. ~ildina constation
administrative c~e or ~ildlna oermits.
l~ caees where interpretations of both the bulldine
official and Dlannin~ services directcot are re~es~
~Ointly. a~ cCn~li~ shall
c~nitv d~el~en~ and environmental se~ices
le~. 1.~.2. Initiation.
~ inte~e~tion ~y h r~ested ~ an affected person,
resident, d~el~er, land ~er, ~e~ment agen~ or
d~a~n~, or a~ ~rson havinq a contractual intsrss~ In land
in ~lli~ C~nty.
leo, 1,1,3. ~oe~es.
~ Plannine Se~ices Dire~or. or
~ief ~ildi~ O~Zicial. whichever a~licable.
a re~es~ Zor in~e~re~ation shall
dire~or or chie~ ~ildina o~icial,~hichever
is a~li~ble, in a Zo~ established ~ h~.
A Zee Z~ ~e re.eft and ~ocessing oZ the
r~est shall ~ established at a rate set
~e ~ard oZ c~nty c~issioners Zr~ time ~o
time and shall h charged to arid paid ~ the
a~licant.
1.6.3.2. Dete~l~tion oZ co~letensss. A~ter a
re~est Zor inte~retation has hen received,
the ~:vcl;~;n~ ;;r~i;;;
whichever
is applicable, shall deterins whether
r~?st ~s,c~llte. If the
~ DlanniM se~ices director or chief
~ildina official, whichever is a~licable,
de~e~ines ~at ~he r~est Is not c~plete,
he shall se~s a ~itten notice on the
applicant s~cifying the de~iciencies.
-'---'-- "---'-- Dlannind se~ices director
or chief buildino o~icial, whichever is
applicable, shall take no ~urther action on
the re~est ~or into~retation until the
de~iciencies are remedied.
~ Notification of Affected Pronetry Owner.
Where a site suecific internretation has been
~ecuested by a ~artv other than the affected "
mrO~er~v owner. Collier County shall no~if~
the mr~V ~er that an inte~ati~ has
~an r~astad concubine their nr~e~v.
I.e.3.3. Rendezin~ oZ inte~zetation. ~Zter the
re~es~ ~or inte~rs~a~ion has ~en de~s~ined
c~lets, the ~;v;1;;;;=~
dirs~or or c~s~ ~ildina o~icial, whichever
is a~li~bls, s~ll ~evi~ and ~aluate the
r~est in light o~
plan, ~e fu~s land use ~p, ~s c~s and/ff
~s official zoning atlas, and ~ildind c~e
relat~ matters. ~ich~er is applicable, and
render an inte~re~tion.
dire~ and the chis~ ~ildina o~icial
c~lt wi~ ~s c~ty att~ey and other
c~nty dspa~men~ h~ors rendering an
ints~s~tion. ~i~
s~li~t of a~
inte~e~ti~ shall h r~i~ ~ the c~nty
attom~ ~o~ l~al ~ and sufficient.
Inte~e~tio~ ~de ~ant to ~is seaion
shall ~ rendered within 45 days o~ issuance
o~ a dstemination
~rsuan~ to ss~ion
$ 2)
~e ~nte~e~t~on shall h
to ~e a~l~nt ~ ce~l~ ~il retu~ rece~
Boa. X.6.S. O~iaLal zeao:d.
~e ~ .... ' ..... ' .... '--- ~'---'-- C~nitv develo~en~
a~d enviro~ental seaices a~inis~rator shall ~ln~a~n
an official reco~ of all in~e~re~at~ons
A .... · ..... - .... t___ A .... '---' ~endered by either the
Dlannxna se~ices dire~or or chief ~ildina official,
vhich shall be available ~or public inspect~on during
noml business ho~s.
eee.~- 1.l.5.1. Notice of Interpretation.
The Ccm~m,nttV development and envtrornnental services ':*
administrator shall ~rovtde rublit notification u~on the
issuance of an interpretation. For conoral
interpretations of the buildina code or Land Development
~nde. notice of the Code interpretation and appeal
~ime-frame shall be advertised in a news~acer of aeneral
~irculaCion in the County. For interpretations
affectina a suecifio parcel of land. notice of the
1literProration and appeal time- frame shall be
advertised in a newspaper o[ conoral circulation. and
mail notice of the interpretation shall be sent to all
_DrODertV owners within 300 feet
the land for which the interpretation is effective.
See. 1.6.~. Appeal to board of zoning appeals or
building board of adjustments and appeals.
Within 30 days after receipt by the applicant or
affected DroDertv owner of a written interpretation sent
by certified mail return receipt requested by the
g&eeeee~ plannina services director or chief buildina
o[flc~al, the applicant may appeal the interpretation
the building board of adjustments and appeals for
matters relating to building and technical codes as
shown in division 1.18 or to the board of zoning appeals
for all other matters in this code. A fee for the
application and processing of an appeal ehall be
established at a rate set by the board of county
commissioners from time to time and shall be charged to
and paid by the applicant. The board of zoning appeals
or the building board of adjustments and appeals,
whichever is a~pllcable, shall hold an advertised public
hearing on the appeal and shall consider the
interpretation of the .'=v=IG~==n'.
k.h= ;r~.~..~. ~l;nr.a.r.; _' ir==~.=r ulannina services director
or chief buildina of[icial, whichever is applicable, and
public testimony in light of the ~rowth management plan,
the future land use map, the code or the official zoning
atlas, or buildinu code related matters. whichever is
applicable. The board of zoning appeals or the building
board of adjustments and appeals, whichever is
applicable, shall adopt the
director'= =r '~ .... ~k _ plannina
.... , ...... pl---r.r.z-n;
services director'e or chlef buildina offtctal's
interpretation, whichever is applicable, vith or without
modifications or conditions, or reject his
Interpretation. The board of zoning appeals or the
bulldine.3 board of adjustments and appeals, whichever is
applicable, shall not be authorized to modify or reject
the
grovth nana~meent
plan, the future land us sap, the code or the official
scrninq sties, ~ whichever Is applicable.
DZV, %.S ~^tIO~SlW~I~dI?ISlgS
Amend the LDC as follows:
~send Sec~cion 2.2,6.4.3 Minimum Yard Requirements as follows:
2,2.6,4.3 Minimum Yard Requirements. ~ ~e4s
1. IPront Yard - Thirty f301
2, Side Yards - One-half of the bulldine
heiaht as measured from each exterior
wall or wine of a structure with a
minimum of fifteen (15}
3,Rear Yard - Thirty (30} feats
Amend Beckion 2,2,7,4.3 Minimum Yard Requirements as
2,2.7.4.3 Minimum Yard RequirementS. ~
PTont Yard - One-half of the buildlea-
heicht as measured from each exterior
~all or wine of a struc~curs with e
minimum of (30}
2. Side Yards - One-half of the buildlea
heiaht as measured from each ex~cerior
wall with a minimum of fifteen
3. Rear Yard - One-half the buildina heiaht
as measured from each s~csrior wall
wine of a structure with a minimum
thir~cv (30} feet. "
Asend Section 2o2,8,4,3 Minimum Yard Requirements as
2,2.B,4,3 Minimum Yard Requirements. "~'~" ~
Front Yard - One-half the buildlea hsiah~
ss measured from each exterior wall
vin~ of a structure with s minimum
thirty (30~
2. Side Yards - One-half the buildlea hstah~
as measured form each exterior wall with
a minimum of fifteen t151
3, Rear Yard - One-hair the bulldine heiaht
as measured from each exterior wall with
a minimum of thirty (30~ ree~,
YARD RE~UIREHENTS/LDC/RFN/md/~4322 ,.
ORIGIN: Staff, as directed by the BCC
Xlrl"XCrl~t ~ar~in Powers, Planner I
B~an Milk, ~o~e~ Planner
D~~s ~ent Plann~ Se~on, Plannin~ Se~ices
D~a~ent
L~ 2~l~t Se~ion 2.3. O~-~E P~ING ~D ~ADING
~ll C~rehensive revi~ of parkin~ standards
rs~lti~ in varies rec~e~ chanqss
RN~s Ditched ~ the ~
~2~ 2 ~~ Ell ~e recmended changes ~11
no~ ~ve an ~rati~al l~a~ on ~e C~nty. ~e rovi~
~ess will n~ ~e, ~ly s~e oZ the standards and
r~irmn~.
In addiris, ~ere will N no fiscal i~a~ to the County as
a result oZ ~e recme~ cha~es. ~e fiscal i~a~ to the
~siness a~ d~el~nt cmnity will ~ ~sitive where a
redu~ion in ~e r~ir~ a~nt or off-street parki~ is
a~r~ed as ~is will r~uce ~e anent o~ a site which net
h d~i~t~ to ~rki~. Of ~rse the r~erse is t~o ~ere
an in~ease In ~e r~ir~ am~t of ~rki~ is rec~e~.
R~ ~ ~ ~~Sf ~e Collier C~nty
~inistrative ~e a~ ~e hilding C~e.
DMBION 2.3. OFF-STREET ~XRIIXG XND LO~DING
See. 2.3.1 Title and oitation.
This division shall be known and may be cited as the 'Collier
County Off-Street Parkin~ and Loadinq Code.'
Saot 2.3.2. l~n~ose and intent.
It is the intent of this division that the public health,
safety, comfort, order, appearance, convenience, morals,
interest, and qeneral welfare require that every buildinq and
use erected or instituted after the effective date of this
code shall be provided with adec~2ate off-street parking
facilities for the use of occupants, employees, visitors,
customers or patrons. It is also the intent o~ this code
that certain uses must provide adequate o~-street loadin9
~acilities.
Words ~ are added, words ~:==~ "- ...... are deleted
,, m m
Such off-street parkin~ and off-street loading facilities
shall be maintained and continued so long as the use
continues. (For definitions of "parkin~ space, off-streets
an~.sloadinq space, off-streets, see article 6).
(Ord. No. 92-73, S2)
leo. 2.3.3. geAeral applLoabJ. lLty.
Wherever in any sonin~ district off-street facilities are
provided for the parkin~ or display of any and all types of
vehicles, boats or hea construction equipment, such
or not, and
ell land upon which vehicles traverse the property as a
function of the primary use (including 'drive-in' facilities)
hereinafter referred to as *ether vehicular uses, ' such
off-street facilities and land shall conform to the minimum
requirements of this cede.
2.3.3.1. Repair of existing bui lding or use. Off-
street loading facilities shall be provided as
set forth in this division. Conforming
buildinqs and uses existing as of the
effective date of this code mawr be modernized,
altered, or repaired vitheut providing
additional off-street parking or off-street
loading facilities, providing there is no
increase in floor area or capacity or change
in use which would require additional
off-street parking.
2.3.3.2 Enlargement of existing building or use.
Where a conformir~ building or use existed as
of the effective date of this cede and such
building or uss is enlarged in floor area,
volume, capacity, or space occupied,
off-street parking and off-street loadir~ as
specified in this cede shall be provided for
the additional floor area, volume, capacity,
or space so created or used.
2.3.3.3 Chan~e of exitin~ use. Where a use and
bulldin~ existed at the e£fective date of this
cede and the use is changed after the
effective date of this cede and where this
cede requires such later and chan~ed use to
have ~reater required off-street parking, then
additional off-street parking shall be
provided for the later and changed use as
required under this code.
2.3.3.4 Central business district. Unless other~ise
provided, areas designated as the central
business district of a community shall not be
Words~are added, vords-e~k~e~are deleted
required to meet the requirements for off-
street parking and loading herein. Such
central business districts may be designated
on a map or such other documents and materials
as are necessary and adopted by the board
county commissioners upon recommendation of
the planning commission for the purpose of
exempting such area from off-street parking
and loading regulations.
(Ord. No. 92-73,
lea. 2.2.4 Off-street vehic~laz faoilitisss desigu
I~dl ·
Off-street parking facilities and other vehicular facilities,
both required and provided, shallz
2.3.4.1 Identification. Be identified as to purpose
and location when not clearly evident.
2.3 · 4.2 Surfacing.
bituminous, concrete or dustless material and
maintained in smooth, well-graded condition.
Up to 70 percent of the parking spaces for
houses of worship and schools may be surfaced
with grass or lawn. Spaces that are not paved
shall be compacted, stabilized, well drained
and surfaced with a durable grass cover.
Driveways, handicapped spaces and access
aisles shall be paved. When the development
services director determines that the paving
of some or all parking spaces for houses of
worship and schools will have significant
negative environmental impacts, the director
may require that these parking spaces no~ be
paved. Upon approval of the development
services director, a suitable material
(limerock excluded) with a suitable stabilized
subgrads say be substituted for the above
materials. This section 2.3.4.2 shall not
apply to single-family dwellings.
2.3.4.3 Drainage and slope. Be drained and sloped so
as not to cause any nuisance to adjacent
proper~y or to public property or rights-of-
way.
2.3.4.4 Lighting. Be so lighted, if lighted, as to
shield streets and all adjacent properties
from direct glare, excessive light, and
hazardous interference with automotive and
pedestrian
Words MZLd~lJJJllg are added, words s~ek~aht~ are deleted
2.3.4.5 Access. Be arranged for convenient and safe
access of pedestrians and vehicles.
2.3~4.6 Internal circulation. Be arranged so that no
vehicle shall be forced onto any street to
gain access from one aisle to another aisle.
2.3.4.7 Striping or marking. Whenever the mr of
off-street parking spaces required by this
coda is five or more, all parking spaces shall
be striped or marked with paint or other
suitable pavement marking material.
2 · 3.4.8 landscaping. Be constructed so that interior
portions of off-street vehicular facilities
not utilized specifically as a parking space
or maneuvering or other vehicular use area
shall not be paved but shall be landscaped in
accordance with this code, specifically
division 2.4.
2.3.4.9 had-end aisles. Off-street parking areas
shall be designed so as not to oreate dead-end
aisles except as may be permitted in
accordance with provisions of the Standard
Building Code, or other applicable codes
referenced within division 1.18. Aisles
designed for one-way ~raffic flow shall have
painted arrows not less than four feet at each
end of the aisle indicating the direc=lon of
trays 1 ·
2.3.4.10 Redssign. Whenever any par~ of an off-street
parking area is redesigned, those pavement
markings which no longer apply shall be
completely obliterated.
2.3.4.11 Locational requirements.
1 · All required off-street parking
facilities shall be located on the same
lot they serve or may be located on
another lot under the same or different
ownership, providede
a. The lots are contiqucus or would be
contiguous except for a roadway that
is not designated as a collector or
arterial In the traffic circulation
element of the growth management
plan; and
Words ~ are added, words .see%~--%~ are deleted
b. The lot proposed for parking permits
parking facilities or the same or
more intensive land uses than the
-_. lot on which the principal structure
is located, or the locational
requirements for commercial uses
identified in the future land use
element of the grcn,"ch managemen~
plan can be met.
That in the case of off-site parkin~
facilities proposed to be located on
s lot or lots not under the same
~wnershlp as the lots on ~hlch the
business or use said parking is
intended to serve is located, such
off-site parking may' be approved as
follows:
1. Subject to the procedures set:
forth in Section 2.3.5 of this
cede7 or
2. When off-site parking is
located on property contiguous
tot he property on vhich the
business or use it As intended
to serve is located and is in
excess of the minimum amount of
parking required pursuant to
section 2.3.14 of this cede.
2, Where off-site parkihg cannot be approved
because the properties are not conti~uous
as described above, the community
development services administrator, after
review of a site development plan
submitted in accordance vith division 3,3
may allow some required parking to be
located o£f-site, provided:
a, All of the lots are under the same
ownership;
b. No off-site parking space is located
further than 300 Zest from the
building or use they are intended to
serve, measured by the shortest:
feasible valking distance, unless
special circumstances exist under
section 2.3.4.11.5;
are added, vordse~wk--~h are deleted
o. ~he lots are not separated by an
arterial roadway as desi~nated in
the traffic circulation element of
... the growth management plan;
d. At least S7 percent of the required "
parking for the development: is
located on the lot with the
principal structure unless special
circumstances exist under section
2.3,4,11,57 and
e, The lot proposed for parking permits
the same or more intensive land uses
than the lot on which the principal
structure is located or is
commercially zoned.
3 · The community development leTvices
administration shell base his determina-
tion of requests for off-site parking
under section 2.3.4.11.2 on the following
raylay criteria:
a. The proposed off-site parking
facility, including its tn~ress and
e~ress, is safe and convenient for
motorists and pedestrians;
~. The proposed off-site parking
facility does not adversely impact
the character and quality of the
neighborhood nor will hinder the
proper future development of
surrounding properties7 and
c. Approval of the petition will not
oreate parking problems for any
neighboring property.
4. Where off-site parking cannot be approved
because the property is located in an
agriculturally or residentSally zoned
district, an application for off-site
perking approval ~ay be submitted and
shell be processed in conjunction with a
site development plan, pursuant to
division 3 · 3. The procedural
requirements set forth in section 2.7.5
of this code shall be followed in the
followed in the review and approval of
off-site parking petitions. The board of
zoning appeals, after review and
recommendation by the planning
commission, may approve the request,
provided .'
Words ~ are added, words e~ are deleted
a. All of the lots are under the same
ownershipI
:. b. No off-site parking space is located
further than 300 feet from the
building or use they are intended to '-
serve, measured by the shortest
feasible walking distance, unless
special circumstsnces exits [exist]
undir section 2.3.4.11.5X
c. The lots are no~ separated by an
arterial roadway as designated in
the traffic circulation element of
the growth management planX
d, At least. 67 percent of the required
parking for the developmen=
loeate~ on the lot v~th the
prJnc[pel structure unless special
cJ=cumstances exist u~der section
2,3,4,11.5~
Words ~ are added, words .e~wq~4~t~e~ are deleted
Where · ff-s4t, pm4dnf b propmad for earninertial uses, nil o~ the ~
proposed ~or off4ite parkfur shill meet the locatienal requiremeLt
('or commerchl uses u identified Jn the future land use element
the growth mmssi~,,,ent plan or ire desfired to ,rye
dependent and/or wster~relat~d um am dascrhd fn the urban
fdanthl subdJstrfc~ of the ht~re !and use element or the growth
managenent plan~ and
Z- '~e off-slte pa:klnf facfilt7 shtll be desfgned to ~itlfate any neg-
ative effects or thfs psrldng fadlity ms ndghborfng residenthlly
nmed property. Mtfigzt~on shall fnchde, unless ~ly
tl) Ko veldcu~r egrm shall occur on local streets opposite
Lighetngsb~lbeshlelded, polnfingdownward, and not ~ 20
theentireperbnetarwhereftdirectlyalmtsresidentisllyzoned
· Slx-foe4-hlSh sr~hit~-turslly finished wall, f~n~,
':" ~ berm combination and t~n-foot-ta~l shscls trees spaced
Ix~rd of xot~S sppsds rosy redu~s ths dx-fe~-hfZh KreenJng
requirement to four-foot-high wi.thin front yzrd setback
6. Where the tollowing slxchl ch-cumstanas e2ht, the communt~ de, el.
epment services Mndnbtntor or the botrd of zoning sppesb, whicheve
t..pp,~_~.. ma redu= the requirement. or s,ct~s 2.3.4.11.2.b trial/or
sectfort 2.3.4.11.2.d. These special circumstmnces shall frsclucle, but shall
m. Where the propoNd off-sits paridng will serve water-depesden~
b. Where the i,, ~vwed off4tte psrktng will serv, temporsry ptrktnZ
for sports ~.,,~s, reltSimss sv~nts, ~ commurdey ~-~,ts as described
in se~Jon 2.3.14;
e. Where the propesed off-s{te parking will serve uses within the
lmmolr. slee central busfness district as c[escTibed in section 2.3.21.4;
d. Whm the propreed off-site parking spaces ~ only be far vadet
e. Where the ~,ed off4ite psrktng sTmces win be for employees
Clintited to a mazLmum of 15 pe,~;,t of the project's tetal parking
requirement).
6. The board oZ zoning appeals shall based
their determination o£ requests for
off-site parking on the foll~inq revie~
criteria:
a. The proposed off-site parkin~
facility# including its ingress and
soytess, is safe and convenient for
motorists and pedestrians;
b. The proposed off-site parking
facility does not adversely inpac~
the character and qualit
neighborhood nor will h~nder
proper future development of
surroundin~ proper~ies~
c. Approval of the petition will not
create parking problems for an~
neighboring property~
d. Other more viable parking solutions
are no~ available to the petitioner.
7. When perkin~ is approved under section
2.3.4,11.2 or 2.3.4.11.4, the following
provisions shall apply:
words ~ are added, words ='.r~=~ ~hr;=;~ are deleted
a. The community development services
administrator or the board of zoning
appeals, ~hichever is applicable,
may impose requirements or
~.onditions upon approval as
appropriate to promote the public,
health, safety, and welfare. These
requirements or conditions may
include, but shall not be limited
toz pedestrian ground level and
overhead walkways, traffic signals,
traffic control devices, dlrec~clonal
signs, controlled ingress and
egress, parking setbacks, lighting
restrictions, extra landscaping,
buffers, screens and limited hours
of operation~
b. The owner of the lend upon which
such required off-street parking
facilities are located shall enter
into a writton agreement with the
county, to be filed with the clerk
of the circuit court, with enforce-
ment running to the county providing
that the land comprising the
required off-street parking
facilities shall never be encroached
upon, used, sold, leased or conveyed
for any se excep~ in
conjunction w~e building or use
which the required off-street
parking facilities serves so long as
the off-street parking facilities
are required~
c. The owner of the land upon which
such required off-street parking
facilities are located agrees to
bear the expense of recording the
heirs, successors, and
assigns$ and
d. The written agreement shall be
voided by Collier County if other
required off-street parking
facilities are provided in
accordance with the requirements of
this co~e.
8. Each off-street parking space must be
directly accessible from a street, alley
or other public right-of-way and all
Words ~ are added, words e%~eek-4~a~ are deleted
off-street parking facilities must be so
arranged that no motor vehicle shall have
to back onto any street, excluding '
~. single-family and t~/o-family residential
dwellings and churches approved under
section 2.3.14, .'
9. No more than ten percent of a shopping
center'l total parking requirement may be
placed in the rear of the shopping center
unless the canter has convenient and
well-lighted front and rear accesses for
patrons and employees and where the rear
buildings are architec~urally finished
adjacent to rear accesses.
2.3.4.12 Dimensional standards.
2.3.4.12.1 Minimum aisle widths. Minimum aisle widths
shall be as lollowes
Angle of Aisle Width Aisle Width
Parking (One-Way) (Two-Way)
Parallel 12 feet, 20 feet
30 degrees 12 feete 22 feet
45 degrees 12 feet, 22 feet
60 degrees 18 feet 24 feet
90 degrees 22 feet 24 feet
,Fire districts may require these to be
increased to 14 feet where an acute turning
radius is present.
2.3.4.12.2. Minimum space size. Each parking space shall
be a minimum of nine feet by lS feet in size
except for compact parking spaces allowed
within section 2.3.4.12.3.
2.3.4.12.3. Minimum Compac't space size. In retail
commercial pro tots, up to 15 percent, and In
all resident~al, office and industrial
projects, up to 25 percent of the required
parking spaces may be designated as compac~
spaces with minimum dimensions of eight feet
by 16 feet. Compac~ spaces will only be
allowed in projects requiring 20 or more
parking spaces. The compact spaces shall be
cjustered in one or more groups of spaces and
dispersed throughout the site so that drivers
using either compact or full-sized spaces have
equal access to the most convenient parking
locations. Compact spaces shall be designated
by signs on every third space, painted
Words Ndl~are added, words :~ru::: ........ are deleted
,e .*
'Compact' on each pavement space and double-
striped to indicate their status. Spaces
provided in excess of the required number of
-.. spaces may all be compact spaces as long as
compact spaces never exceed 33 percent of the
total number of spaces provided. --
2.3.4.12.4. Secondary parking form alley access. For any
nonresidential development which abuts an
alley, a maximum of ten parki' spaces, not to
exceed 30 percent of the r~red parking for
the proposed use, may be accessed solely from
the alley. Said parking spaces shall be
clearly marked and arranged in such a manner
so that each parking space meets the minimum
size required in section 2.3.4.12.2 of this
cede. Additionally, these spaces shall be
arranged in a manner which alloys for full
compliance with any required landscaped buffer
requirements. These spaces shall be for the
exclusive use of employees and service
vehicles and shall be clearly designated as
such by appropriate signage.
(Ord. No. 92-73 J 27 Ord. No. 93-89, S 3; Ord. No. 94-58,
S 3~ 10-21-94)
See. 2.3.S Off-street park:rigs shared parking.
For the purposes of this section, shared parking shall be
defined as: off-site parking on proper~y 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 ~he parking requirements of the lot on
which it is located based on section 2.3.14.
2.3.5.1 Application procedures. An application fro
shared parking approval may be submitted, and
shall be processed in conjunction with a site
development plan, pursuant to division 3.3.
The determination of the request shall be made
by the board of zoning appeals, after review
and recommendation by the planning commission.
The procedural requirements set forth in
section 2.7.5 of this cede shall be followed
in the review and determination of shared
parking petitions.
2.3.5.2. Application contents. The petition for shared
parking approval shall include:
1. A site development plan with all
necessary attachments, pursuant to
division 3.3;
Words ]AIIgiE1AD~ are added, words e~k-Waee~jh are deleted
2. The site development plan shall also
depict: the proposed shared parking
facility and its vehicular access drives
... and parking spaces; pedestrian walkways
between the shared parking facility and
all buildings or uses they are designed "
to connect; lighting and landscapin~
the shared parkin9 facility; and the
alternate parkin9 plan or land
reservation plan desc~ibed in section
2.3.5,6 unless a minimum ten-year leased
parking agreement is prcl~sed7
3. NorarAzed documentation demonstrating
that the petitioner has permission for
all involved proper~y owners to obtain
the necessary approvals and describing
all buildings or uses that will be
receiving credit for the shared parking
including normal operating hours for such
buildings or uses; and
4. A proposed shared parking agreement
between all involved property owners,
with norarAzed signatures, describing the
rights and limitations of all property
owners and businesses. Such agreement
shall bind the heirs, successors and
assigns of each such owner.
2.3. S · 3. Requirements for shared parking. Proposed
shared parking facilities shall meet all of
the following provisions:'
2.3.5.3.1. All parking spaces that are to be shared shall
be paved.
2.3. S · 3.2 No shared parking space shal 1 be located
further than 300 feet from the buildings or
uses they serve unless special circumstances
exist including, but not limited
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.X4'
2. Where the proposed off-site parking will
serve uses within the Immokalee central
business district as described in section
2.3.21.4;
3. Where the proposed off-site parking
spaces will only be for valet parking;
Words Lt~lillAtL~are added, words se~ue~-e~eW~are deleted
4, Where the proposed off-site parking viii
serve raCer-dependent and/or water-
related uses~ and
5, Where the proposed off-site parking viII
only be for employees [ limited to a
maximum of 15 percent of the proJect's
total parking requirement).
2.3.5.3.3. The shared parking spaces shal i not be
separated from the buildings or uses they are
designed to serve by a roadway designated as a
collector or arterial in the traffic
circulation element of the growth management
plan.
2.3.5.4 Credit for Joint parking spaces. Credit for
Joint arktng spaces shall be limited to the
follcw[;g amounts s
1. Where the request involves s church and
another property ~hose predominant
parking demand is between 7z00 a.m. and
6z00 p.m., Monday through Friday, or tvo
other properties, where the business
hours of one property do not overlap with
the business hours of the other property,
the credit for Joint parking spaces shall
not exceed 50 percent of the minimum
required spaces for the property
requiring the least amount of spaces.
The credit may be applied all to one
property or split' between the two
properttesl or
2. In all other cases, the credit for Joint
parking spaces shall not exceed 25
percent of the minimum required spacos
for the property requiring the least
amount of spaces. The credit may be
applied all to one proper~y or split
between the tvo properties.
2.3.5.5. Credit for leased off-s its parking spaces.
Credit for leased off-site parking spaces
shall be limited in all cases to 35 percent of
the land use's parking requirement that the
parking spaces are proposed to serve.
2.3.5.6. Review criteria for shared parking. The board
of zoning appeals shall base their
determination of the requests for shared
parking on the following review criteria:
Words ~ are added, words s~ are deleted
2.3.5.6.1. The proposed shared parking facility,
including its tnqress and egress, is safe and
convenient for motorists and pedestrians:
2.3.5.6.2. The proposed shared parking facility will not
adversely impact the character and quality of
the neighborhood nor hinder the proper future
development of surrounding proper~ies~
2.3.5.6.3. The shared parking plan will have
environmental, economic or traffic flow
beneflts f~rths communttyy
2.3.5.6.4. The shared parking plan will solve parking
~ liEseel of t
2.3.5.6.S. Other more viable parking alternatives are n~c
available for the sub~sc~ propertias~
2.3.5.6.6. ~ha operating hours, types of land uses, End
other a~licable factors are conducive for
shared parking at the present time and are
likely to remain constant~
2.3.5.6.7. Approval of the shared parking agreement would
be consistent with the future land use element
of the growth management plan~
2.3.5.6.8. Where the shared parking plan shows no land
reservation or a minimum ten-year leased
parkin~ agreement, the petitioner has
demonstrated that the alternative parking plan
is feasible at the present time, and should be
feasible in the futurey
2.3.5.6.9. Failure of the shared parking plan and the
alternative parklnq plan or the minimum ten-
year leased parking agreement would not have
serious implications on the public health,
safety and velfareI and
2.3.5.6.10. Xpproval of the petition will not create
parkln~ problems for any nsi~hborin~ property.
2.3.5.7. Conditions of approval for shared parking.
Where shared parking is approved under sec~cion
2.3.5.6, the following provisions shall apply:
2.3.5.7.1. The board o~ zoning appeals may impose
requirements or conditions upon approval as
appropriate to promote the public health,
safety and ~elfare. These requirements or
conditions may include, but shall not be
Words ~ are added, words e4~eeN-~s~h are deleted
limited to: pedestrian ground level or
overhead walkways, traffic signals, traffic
control devices, directional signs, signs to
designate shared parking spaces, lighting
standards, extra landscaping, buffers, screens
and limited hours of operation;
2.3.5.7.2. The shared parking agreement shall be recorded
in the public records of Collier County,
Florida at the ovner's expense. Collier
County shall release the par~ies to the shared
parking agreement arMt from the terms thereof,
if other required off-street facilities are
provided in accordance with the requirements
of this ordinance; and
2.3.5.7.3. The board of zoning appeals shall determine
that the minimum ten-year leased parking
agreement or the alternative parking plan is
feasible or the petitioner and/or owner of the
shared facility reserves sufficient land areas
required to meet future parking needs. A land
reservation shall be required for all shared
parking approvals except where the shared
parking is between a church and another land
use or only between existing structures for
Joint parking or an existing structure for
leased parking that have received certificates
of occupancy. Such land reservation may
include an~ number of parking spaces so long
as there are sufficient spaces to accommodate
the parking needs of both the sharing facility
and the facility needing the sdditional
parking. This reservation shall be recorded
In the public records of Collier County,
Florida at the owner's expense. Collier
County shall release the parties to the land
reservation agreement from the terms thereof,
if other required off-street facilities are
provided in accordance with the requirements
of this cede.
(Ord. No. 92-73, S 2)
See. 2.3.6. Off-street parkings uses not specifically
mentioned,
Requirements for off-street parking for uses not specifically
mentioned In this division shall be the same as for the use
most stmllar to the one sought, or as otherwise determined bv
the Plannind Services Director pursuant to Section 2.3.9 of
this Code it being the intent of this code to require all
uses to provide off-street parking, unless specific
provisions is made to the contrary.
(Ord. No. 92-73, S 2)
Words ~ are added, words ~ are deleted
See. 2.3.7° Off-street parkingx fractional measurements.
When units of measurements determining number of required
off-street parking spaces result in a requirement of a
fractional space, then such fraction equal or ~reater than
cne-hal£ shall require a full off-street parking space.
Sea. 2.3.2, OZf-stzaet parkings msas~raont.
Where this cede requires off-street parking based on various
types of measurements, the rallying rules shall apply:
2.3.8.1. Floor area means, for the purposes of this
division only, the ~ross floor area inside the
exterior walls, unless otherwise specifically
indicated.
2.3.2.2. Xn hospitals, bassinets do not count as beds.
words ~ are added, words ='-r=ch =hrcu;.~. are deleted
2.3.8.3. In stadiums, sports arenas, houses of worship,
and other places of public assembly where
=. occupants utilize benches, pews, or other
similar seating arrangements, each 24 lineal
inches of such seating facilities count as one -'
seat.
2.3.8.4. Where the parking requirements are based on
number of employees or persons employed or
working in an establishment and the number of
employees increases after the building or
structure is occupied, then the amount of
off-street parking provided must be increased
An ratio to the increase of the number of
employees.
(Ord. No. 92-73, S 2)
sec. 2.3.9. Off-street psrkingx minimum requirements.
Irrespective of any other requirement of this code, each and
every separate individual store, office, or other business
shall be prov~dod with at least one off-street parking space,
unless specific provision is made to the contrary.
The Plannina Services Director may determine the minimuT
Darkins reauirements for a Use which is not sDeci[icall~
referenced below or for which an applicant has provided
evidence that a SDeOifiC use is Of such a unioue nature
the aPPlicable minimum Darkins ratio listed in this Cod-
should not be aPPlied. In makin~ such a determination
Plannin~ Services Director may reouire submission of Darkin~
aerieration studies~ evidence of Darkinu ratios e~Dlied by
other counties and municipalities for the SDeCifiC USe~
reserved Darkins Pursuant to Section 2.3.14: and other
conditions and safeouards deemed to be a~Drooriate to ~roteC~
the ~ublic health. safety and welfare
Sen. 2.3.10. Off-street parking! Darkinn provided over
above the minimum Darkins reauirement.
DeveloPers Drovidina off-street Darkinn in excess of
reauirements of this code shall be rem/ired to Drovide doubt-
the resulted interior landscanine as resulted by Section
2.4.5.2 for those Dro~ects resulted by this Code to ~rovid-
in excess of two hundred [200) sDages.
8ec. 2.3.11. Off-street Darkinaz ~arkina lots exceedins 20
spaces.
Developers prowidths DarkinS lots in excess of 200 Darkin~
spaces may surface 15% of the reaulred off-street oarkina
sDaceG in arass which shall be compacted. stabilized. well
~rained and surfaced with a durable arass cover. Such ~ras~
Words~ are added, words eet~M~e-~k are deleted
uarki~ suaces shall be l~atc~ alone the ~tlvina u{rimeter
of the Parkind lot. Driveways. handica~ued spaces and access
aisles shall be oaved. All ~assed oarkind soaces shall be
includ~ in the water manedemerit cal~lations ~or site
d~l~ent olan revi~,
Se~ · 2 · 3 ,~, OZZ-strest p~kings sncroa~ent proh~itsd,
~lr~ of Z-street parking shall h l~ated so that no
aut~lvs vehicle when parked shall have any potion of such
vehicle ~erha~i~ or enffoaching ~ ~blic right-oZ~ay or
the ~e~y of another. l~ necessa~, ~eel st~s
~ier~ ~y ~ retired in order to enZorce this
lee · =. 3 .~. O~-strsst p~king s not to be reduced or c~n~sd.
~lr~ o~f-street parkin9 accordin9 to the re~ireents o~
~is ~e shall not ~ reduc~ in area or c~nged to any
~er use ~less ~e penitted or penissible use ~at
sexes is discontinued or m~ified, or e~ivalent r~ired
off-street parkin9 is pr~id~ meetin9 the re~irements o~
~ls c~e.
Bec. 2.3.~. OZZ-strest parkin9g Eese~ation.
~ere ~e develo~r ~lieves ~at the parkin9 spaces r~red
for a specific proJe~ are excessive, ~at dsvel~er
r~est a rese~ation oZ ~t parkl~ spaces ~at arm de~
excessive. ~ a~lication to rese~e oZ~-street parki~
shall ~ processed t~ough the noml variance procedures,
~t s~ll not ~ sub~e~ to the variance revi~ s~rds
list~ in se~ion 2.7.5.6. of this c~e. If the parki~
rlsl~ation is a~r~ed ~ the ~ard of zonin9 a~eals after
review and rsc~endatton ~ the plannin9 c~isston, the
dewslUr shall resets an area that is sufficient in size to
pr~idt this parking, in case the parkin9 is needed in the
fut~e. ~e developer shall provide additional landscapln9
(~ses a~ sh~bs). ~ls increased landscapin9 shall ~ the
samt ~rcentags increase ~er the noml retired landscapin9
~at ~e parkin9 spaces were appr~ to ~ reduced ~, and
Zu~er pr~idedz
2.3.~.1. A site dewsilent plan Is su~itted to [the
county] and appr~ in accordance with
se~ion 3.3.5.
2.3.~M.2. ~e ~er of the land u~n which such parkin9
is ~in9 rese~ed shall enter into a witten
agreemen~ with the count, to be filed with the
clerk of the cir~it court, with enforcemen~
runnin9 to the county ensurin9 tha~ the
rese~ed parkin9 area shall never
words ~ are added, words :'.:=:~ ........ are deleted
encroached upon, used, sold, leased or
conveyed for any purpose except in conjunction
vith the building or use vhich the reserved
parking area serves so long as the off-stree~
parking facilities are required.
2,3,~914,3, The owner of the land upon which such reserved
parking area is located agrees to bear the
expense of recording the agreement, which
agreement shall bind his hairs, successors or
assigns,
2,3,4~14,4, The written agreement shall be voided by the
county if the reserved parking area is
converted to usable parking area or if the
reserved parking area is no~ longer required.
2.3 -~Ja. 5. Any other condition(s) that the board of
zoning appeals determines appropriate with a
recommendation of approval. Such condition(s)
may include provisions of escro~ money that
can be used to develop the parking spaces at a
later date, if necessary.
(Ord. No. 92-73, S 2)
leo. 2,3,.~1.15 Reserved,
See. 2.3.%41~. Off-street parking and etackingz re~uired amounts o
Minimum off-street parking space recluirements are set forth
below. Where stacking is required, the amount listed does
not include the first vehicle being serviced (for drive-in
windows, stacking starts tan feet behind the middle of the
pickup window) and is computed at 20 feet per vehicle (turns
are computed at 22 feet per vehicle, measured at the outside
of the driveway). Stacking for o,e lane may be reduced if
the reduction is added to the other lane(s).
Airport (civil aviation) 1 per 600 annual enplaned
passengers.
Airport (general aviation) 1 per each aircraft tiedown/
storage/maintenance area.
Ar~ gallery or museum 1 per 300 square feet of floor
area open to the general
public.
Archerv Fields 1 per 1.5 tarcat practice
stalls.
Athletic fields 4~ 2a spaces for each athletic
field (baseball, softball.
football
~ ..... , soccer,
Words ~ are added, words.=~r=zh =.~==~g.% are deleted
et~ · ) o The
development services
administrator~ or his designee~
may adminis~ra~ively reduce
=' this requirement where the
applican~ can demonstrate a .'
reduced need for the required
parking due to the type of
athletic facility or where
shared parking may be provided
on adjacent publicpropertT.
Urassed parking may be
permitted for not more than 50
percent of the provided
parking.
Auto Kaintenance center 1 per 250 square feet.
(dr4ve-through) Stacking for S vehicles for
the first bay and 2 for each
add~tional bay.
Auto service station 3.5 per service bay or 1 per
250 square feet, whichever is
greater.
Auto/truck/trailer I per 500 square feet of roofed
leasing building area plus 1 per 2,000
square feet of paved cutdoor
vehicle storage area. These
spaces shall not be used for
the parking of rental vehicles.
Auto/truck/boat/motorcycle 3 spaces. plus one per
repair services bay or I per
square feet of leaseable area,
whichever is greater.
Auto/truck/beat/motorcycle/ I per 400 square feet of
reoreational vehicle sales building area except service/
or dealership body shop buildings which are
3.5 per service bay or I per
500 square feet, whichever is
greater~ plus I per 2,000
square feet of cutdoor sales/
display area·
Auto/truck washing 1 for self-service wash
facilities and I per employee
of the largest shift for
automatic wash facilities.
Stacking for 2 vehicles per
stall for self-service wash
bays and stacking for
vehicles per automatic car-
wash lane.
Words~are added, words e~eek~ax~e~are deleted
Bank or Zinancial I per 250 square feet on the
institution first floor and 1 per 300
square feet on any other
floors. Stacking for ~
vehicles for each drive-up
window not to exceed a total
requirement of 25 vehicles.
Barbershop/beauty I per 200 square feet or 3 per
parlor/hair salon barber/beauttctan haircutting
chair, whichever is greaterv~
and 1.5 per station or booth
for nails. massaces. faCtals-
suntanning. etC,
Beverage center (drive- I per 250 square feet. Stacking
through) for 5 vehicles for the first
drive-through aisle and 2 for
each additional aisle.
ahtaJl_IL~ Minimum 10 soaces uer ramp With
dimensions of 10 feet wide by
40 feet lona. Vehicular
Uarkin~ shall be provided a~ ·
spaces per rampe
Boat storage (Only for dry storage on a site
that has no water access for
boats and those not associated
with a self-service storage
facility), I per 12 dry boat
storage spaces. ·
B~tlina Establishment 1 per 500 s~uare feet of
bulldine ares. Office areR
shall be calculated at I eer
275 s~uare feet.
Bowling alley 1 per 200 square feet for
bowling area which also
includes parking for locker
room area, bowlers' seati.g/
approach area and storage area
plus 1 per 150 square feet for
all other uses including
offices, snack bars, lounges,
game/pool rocks, and sales
areas.
Words ~ are added, words =truck ........ are deleted
Building supplies/ (Only for retail sales where
lumberyard the supplies are primarily
stored outside), I per 275
square feet of inside retail/
~' office area plus I per 1,500
square feet of enclosed or
roofed storage structures.
~VjJ3gJh~R I per 500 sauare feet. Sales
and diSPlaY areas shall be
computed at 1 per 250 sauare
feet and o[fice area shall be
computed at I per 3Q0 s~Jare
feet.
Child care/day nursery/ I per employee of the largest
adult day care center yorkshift plus 1 space for
every 10 childrenv/adults.
addition, adequate dropoff
and pickup areas shall be
provided.
Church/house of worship/ 3 for each 7 seats in chapel or
temple/synagogue assembly area. Other uses are
not counted except for
residential uses. A reduction
of this standard to a minimum
of I space or each 4 seats, may
be applied for in conjunction
with an application for a site
development plan, through the
board of zoning appeals after
review and recommendation of
the planning commission. This
reduc~cion will only be allowed
for expansion created by
congregational growth, for
existing church buildings where
the applicant can demonstrate
a significant hardship exists.
A stacked or other parking plan
shall be submitted with the
application which will
demonstrate that the vehicl~
parking will not have negative
impacts upon neighboring
properties and will provide
adequate access for emergency
vehicles.
Words ~ are added, words e%e1~K~el~h are deleted
Coin-operated (laundry, I per each 2 washing machines.
self-service)
Commercial laundry I per 500 sadare feet of
Convenience store/ I per 200 square feet plus 1
delicatessen/takeout for each 2 seats provided for
prepared food store food patrons~
5 vch!=l::
Dance, art, ~slc studio I per 250 square feet.
DJ~C_ValIJ/Lt~ I DoT 30Q Irmare feet.
Equipment retail store I per 500 square feet plus 1
per 2,000 square feet of
outside storage/display areas.
E/ja_I~EXJ~ I per
area or I Per vendor disDla~
booth. whichever is areatar.
Funeral home/ore~atortes I per 75 square feet for room
used for services and chapels
and I per 300 square feet for
all other uses.
l~al~tttt/re/cal~t/nJor I per 600 square feet (this
a~pllance store includes retail, office and
storage areas).
Golf course 4 per hole plus I per 200
square feet for offtce/lob~//
pro shop/health club/clubhouse/
lounge/snack bar/dining/meeting
room areas and 50 percent of
normal requirements for
exterior recreation uses
tncludlngs swimming pools, golf
driving ranges and tennis
codfie. Golf cart, golf bag
and equipment storage roomsl
maintenance butldingsi and
rooms for mechanical ec/ulpaent
shall be coated at I per
1,000 square feet.
Words ~ are added, words ~ are deleted
Colf driving range I per 2 driving tees and I per
practice putting green plus
normal requirements for any
structures.
Golf (miniature) 1.25 per hole plus normal
requirements for any
structures.
Helip~, helipad, I per 2 helicopter tiedovn/
ultralight flight park storage/service areas plus 1
per 5 ultralight
tiedovn/storage/service areas.
Hospital 11 per 5 patient beds.
11 per 10 guestrooms (this
includes the required parking
for the hotel office and all
accessor~ recreational
facilities that are open to
hotel guests only). Accessory
uses shall be computed as
lollowes 50 percent of normal
requirements for restaurants, 1
per 400 square feet for other
retail uses, I per 100 square
feet for meeting rocans, ball-
rooms and convention rooms and
I per 100 square feet for
lounges, bars and nightclu~.
Industrial use/activity I per 500 square feet or I per
manufacturin~/Rrocessina employee evof largest work-
(not otherwise listed) shift, whichever is greater.
Office/retail areas shall be
computed at I per 275 square
feet.
Interior decorator/desicn I per 300 souare feet o=
JunkTard, salvage yard I per 500 square feet of roofed
area plus I per 15,000 square
feet of outside storage area.
Kennel~ 1 per 200 square feet except
for animal holding areas. 1
per 10 animal holding areas.
Words underlined are added, words ~ are deleted
~ 2 per employee of larcest
vshift.
LilTraL~f, cozumanity 1 for each 200 square feet or l
rec~eattonal facility for each 3 seats, whichever is
greater. -'
Lounge, bar, ]~;t/ag~aAl~ I per 50 square feet plus I per
nightclub, pool hall 75 square feet for any outdoor
(drinking establishment) eating/drinking areas.
Marina, boats1 I per 2 wet boat slips
excluding those used for
charter boats plus 1 per S dr~
boat storage spaces. Wet slips
used for charter boats
(Including those for fishing,
she 1 ling, diving, and
sightseeing purposes} are
computed at I per 3 boat
passengers based on the maxtnnlm
numJ~er of passengers and
charter boats used for dining-
are computed at I per 2 boat
passengers based on the nmxim
numbor of passengers. Each
parking space provided to meet
the marina's boat slip or dl7
storage parking requirements
~ay also be credited towards
meeting 100 square feet of the
parking requirements for the
marina or any permitted
marina-related activities
excluding restaurants,
lounges/bars and private clubs.
Uses not receiving credit from
parking provided for boat slips
or dry storage spaces shall
provide parking at the noises1
rats for those uses as required
within this code.
Medical/dental office or I per 200 square feet.
clinic (outpatient cars
facility)
Model home sales office/ 4 for the first unit and 1.5
center for each additional unit.
Words BIId~ElJalKd are added, words et~~ are deleted
Motel 12 per 10 questrooms (this
includes the required parking
for the motel office and all
~ accessory recreational
facilities designed primarily
for motel quests). Where
accessory uses are designed
primarily for motel quests,
they shall be computed as
follows: 67 percent of normal
requirements for restaurants, 1
per 350 square feet for other
retail uses, I per 100 square
feet for meeting rooms, ball-
rooms and convention rooms and
I per 75 square feet for
lounges, bars and nightclubs.
Nursery, plant (retail) I per 250 square feet of roofed
and enclosed building area plus
I per 2,000 square feet of
outside display area open to
the public.
Nursery, plant (wholesale) I per employee of largest work-
shift plus I per 10,000 square
feet of display area and I per
acre of growing areas.
Office I per 300 square feet.
Office (contractor's) I per 300 square feet per
office area and I per 1,000
square feet per [of] roofed
storage area plus I per each
company vehicle that will be
parked overnight.
Post office I per 100 sauare
Private organizational I per 100 square feet or 1 per
club e~ lodge. or 3 seats that will be set up at
fraternal oraanization any time, whichever is greater.
This shall be computed on all
areas used for offices, meeting
rooms, restaurants, dining
rooms and indoor recreation.
Other uses such as marinas,
retail areas and outdoor
recreation areas require
additional parking at normal
requirements.
·
Words ~ are added, words ~ are deleted
Printina establishment 1 per 5gg sauare feet of
buildina area. Retail sales
area 2h~ll be calculated at 1
per 2~0 s~uare fee= and office
area shall be calculated at 1 --
Der 300 souare feet.
Public buildings (fire, 1 per 200 s are feet for
emergency medical service administratFve office and
area
or sheriff station and Jail) 2 per employee of the larges~
shift for all other areas plus
I per S prisoners based on the
maximum holding capacity for
any Jails.
Recreation facilities I per 100 square feet.
(indoor) sports, exercise,
fitness, aerobics, or
health club/skating rink/
game room/bingo parlor
Recreation facilities 3 per court plus other uses as
(outdoor} tennis, raccfuet- required.
ball or handball courts
Research laboratory I per 300 square feet of office
area plus I per 500 square fee~
of other areas or I per
employee of largest workshift,
whichever is greater, plus 3
for visitors.
Residential uses=
Boarding/rooming house, bed I per rented room plus 2 for
and breakfast residence ovners/employees.
Convalescent home, nursing 2 per 5 beds.
home, home for the aged,
rehabilitation facility
Duplex 2 per dwelling unit.
Single-family house, town/ 2 per unit.
row house, mobile home,
gllesthouse, caretaker's
residence
Dormitory/fraternity/ 1 per 2 beds. PlUS I Per
sorority manaaer. plus 1 per employee.
words B/lji~aaa~are added, vordsst~aek--~ax~are deleted
NUltifamily dwellings All units shall have I per
unit plus visitor parking
computed at 0.5 per efftcienc3/
unit, 0.75 per 1-bedroom unit,
=' and i per 2-bedroom or larger
unit. Office/administrative -~-
buildings shall have parking
provided at 50 percent of
normal requirements.
Where small-scale recreation
facilities are accessory to a
single-family or multifamily
proJec~ and intended only for
the residents of that project,
exclusive of golf courses/club-
houses, the recreation
facilities may be computed at
50 percent of normal
requirements where the majority
of the dwelling units are not
within 300 feet of the
recreation facilities and at 25
percent of normal requirements
where the majority of the
dwelling units are ,within 300
feet of the recreation
facilities. However, any
recreation facility shall have
a minimum of 2 spaces exclusive
of parking spaces for dwelling
units.
Nursing home Family care facility, group
care facility (category I an
category II), and care unit,
see section 2.6.26 of this
code.
Restaurant (walk-up or I per 80 square feet ~
drive-through with walk-up ~ including outdoor
window end/or outdoor eating areas or I per 2 seats,
seating) whichever is greaterva__~
non ~ublic use areas fkitch~.
storaae. freezer. etc.) 1
200 ~auare feet. A stacking
area of 9 vehicles for the
first drive-through lane and
for any additional drive-
through lanes.
Words Mll~ are added, words ees-ael~ are deleted
Restaurant (drive-through I per 100 square feet. A
wi~h no walk-up window or stacking area of 10 vehicles
ou~oor seating) for the first drive-through
lane and 7 for any additional
~' drive-through lanes.
Restaurant (fast food) I per 70 square feet for Dubltc
use areas including outdoor
eating areas or I per 2 seats,
whichever is greaterv~
non Dublit use areas [kitchenL
storace. freezer. etc.} I per
200 souare feet. A stacking
area of 9 vehicles for the
first drive-through lane and 4
for any additional drive-
through lanes.
Restaurant (sit-down) I per 60 square feet ~
~ including outdoor
eating areas or I per 2 seats,
whichever is greaterv~__~l~/~=
non ~ublic use areas (kitchen.
storaae. freezer. etc.} 1 DeT
200 souare feet. Credit for
boat slip parking is allowed
where the slips have all
necessary permits and are
located on navigable waterways,
using the formula I boat slip -
I vehicle space, provided that
each and all boat slips
credited shall not be leased or
rented for boat storage or
utilized for any purpose other
than customers frequenting said
restaurant. Credit for boat
slip parking shall be limited
to a maximum of 10 percent of a
restaurant's required parking
not to exceed a total credit of
10 parking spaces, with the
amount credited determined b~
the development services
director based on the
likelihood or restaurant
customers using these wet slips
during peak business hours of
the restaurant.
Words~are added, words et-~ea~are deleted
Retail shop or store (not I per 250 square feet of
other~ise listed} and indoor/outdoor retail and
dopart~ent stores office areas plus i per 500
°' square feet for indoor/ou~oor
storage areas that have no '-
access for the general public
and partly enclosed or open air
garden centers.
Schoolsz
Business ichool/vo-tech 2 per 5 students plus 4 per 5
faculty/staff members.
College/university 2 per 5 commuter students plus
I per 2 resident students plus
4 per 5 faculty/staff members.
Elementary/Junior high 5 per 4 staff/faculty members.
school
Senior high school I per faculty/staff member plus
i per 5 students.
Shopping center I space per 2~S250 square feet
for centers with a gross floor
area less than 400,000 square
feet and not having significant
cinemas/theaters (none or those
with a total cinema/theater
seating capacity of less than 5
seats per .1,000 square feet of
the shopping center's gross
floor area}.
I space per ~=7~200 square feet
for all other centers.
No more than 20 percent of a
ShODDine center's floor. area
can be composed of restaurants
without ~rovidina additional
_parkind for the area over 20
percent.
Regional shopping center
parking requirements shall be
based upon gross leasable floor
area which shall include any
common area that is leased or
used for retail activities.
Rear parking requirements: When
more than 10 percent of a
shopping center's total parking
requirement is placed in the
rear of the shopping center,
the center shall have
convenient and well-lighted
Words ~ are added, words eef~ek-e~pe~ are deleted
front and rear accesses for
patrons and employees and the
rear buildings shall be
architecturally finished
~' adjacent to rear accesses.
Sports arena, stadftrm I for each 3 seats/patrons
{outdoor}, racetrack, allowed to stand or i space per
theater, cinema 40 square
auditorium, or public seatina/standina areas, which-
assembly area not other- ever is greater ~lus i for each
wise listed emDlovee/nonT[Dectator who will
be present durina merformances
~xcluding those arriving by
buses. Bus Darkina is required
when employees. non-spectators
or spectators ~W~I be arriVina
S~eBlel. commercial Tidina I per every 2 W~alls.
stable. boardine stable.
livery stable and dude ranch
=llo~=d ~e =tend e.~ =~=c=
Storage facility (self- I per 20,000 square feet of
service) storage buildings plus 1 per 50
vehicle/boat storage spaces
plus I per 300 square fee~ of
office areas. Minimum of 4.
Supermarket/~rocerv! I per 29050 square feet
Supermarkets shall also meet
the green space requirements
and rear parking requirements
as shown parsuant to shopping
centers as set forth in this
section.
Words~are added, vordse~e~--%~-ee~hare deleted
~wimming pool/hot tubs/ I per 75 square feet of water
spas (outdoor) areas for the first 1,000
square feet and i for each
~' additional 125 square feet of
water areas. A single-family ,.
house is exempt from this
requirement.
Taxi stand/office I sD~ge for each employee on
the 1attest workina shift. PlUS
I space per taxi.
Television/radio studio 1 per employee of largest shift
or I per 400 square feet,
whichever is greater~ plus 3
for visitors.
Temporary parking for In the case of a church,
sports events, religious community or other spor~cing
events or community events event which operates on an
intermittent or seasonal basil,
the required off-street parking
may be provided on a temporary
basis and need not be
permanently designated, paved,
drained, or landscaped,
provided the use has been
approved and [a permit] issued
by the development services
directors in accordance with
applicable standards for the
use.
Travel trailer/recreational I per campsite lot or other
vehicle park campsite TTRVC lot.
Warehouse, wholesale I per 1,000 square feet except
establishment for sales/office areas which
are 1 per 275 square feet.
Vested proJectsz 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
parking requirements of section 2.3.14 as long as
commencement of construction occurs on the project by January
29, 1992. Furthermore, amendments to these exempted site
words ~ are added, words e~d~ek--~4~-ee~ are deleted
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 physica~
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, S 2; Ord. No. 94-27, S 3, 5-1S-94)
Seo. 2.3-1eZ Off-street loading: specifications.
Off-street loading facilities are required by this code so
that vehicles engaged in unloading will not encroach on or
interfere with public use of streets and alleys by
pedestrians and automotive vehicles and so that adequate
space will be available for the unloading and loading off the
s~reet of goods, materials, or things for delivery or
shipping. Off-street loading facilities supplied to mee= the
needs of one use may not be considered as meeting the needs
of another use. Off-street parking facilities may not be
used for or counted as meeting off-street loading
requirements.
2.3.1~1.1. When the use of a structure or land or any
part thereof is changed to a use requiring
off-street loading facilities, the full amount
of off-street loading space required shall be
supplied and maintained. When any structure
is enlarged or any use extended so that the
size of the resulting occupancy requires
off-street loading space,' the full amount of
such space shall be supplied and maintained
for the structure or use in its enlarged or
extended size.
2.3.1el.2. Each off-street loading space shall be
directly accessible from a street or alley
without crossing or entering any other
required off-street loading space or
Off-street parking space. Such loading space
shall be accessible from the interior of the
building it serves and shall be arranged for
convenient and safe ingress and egress by
motor truck and/or trailer combination.
(Ord. No. 92-73, 5 2)
See. 2.3.1~J. Off-street loadings~ plans required.
words underlined are added. words e~,~ek-J~eeeqh are deleted
A plan shall be submitted with every application for a
building permit for any use or structure required to provide
oft-street loading facilities. The plan shall accurately
degignate the required off-street loading spaces, access
thereto, dimensions and clearance. -.
Sea° 2o3.1~9. Off-street loading= reservation.
Areas reserved for required off-street loading in accordance
with the requirements of this code shall not be reduced to
[in] area or changed to any other use unless the permitted or
permissible use that it serves is discontinued or modified or
equivalent required off-street loading is provided in
accordance with the requirements of thia code.
See. 2,3.%e20. off-street loadingx combined off-street
loading.
Collective, Joint, or combined provisions for off-street
loading facilities for two or more buildings or uses may be
made, provided that such off-street loading facilities are
equal in size and capacity to the combined requirements of
the several buildings or uses and are designed, located, and
arranged to be usable thereby.
See. 2.J.~eLt. Off-street loading requirements.
Off-street loading spaces shall be provided and maintained as
follows=
2.3..921.1. EaCh retail store, warehouse, wholesale
establishment, industrial activity, terminal,
market, restaurant, funeral home, laundry, dry
cleaning establishment, or similar use which
has an aggregate floor area of:
Square Feet Number of Spaces
5,000 but not over 10,000 1
10,000 but not over 20,000 2
20,000 but not over 50,000 3
Plus one additional off-street loading space
for each additional 25,000 square feet over
50,000 square feet or major fraction thereof.
2.3..921.2. For each multiple-family dwelling facility
having at least 20 dwelling units but not over
50 dwelling units: one space. For each
multiple-family dwelling facility having over
words underlined are added. words e%~ee$~t4~e~qh are deleted
50 dwelling units: one space, plus one space
for each additional 50 dwelling units, or
· major fraction thereof.
2.~f&Pal.3- For each auditorium, convention hall,
exhibition hall, museum, hotel or motel, -.
office building, sports arena or stadium, two
or more buildings or uses may be permitted to
combine their off-street loading facilities,
provided that such off-street loading
facilities meet the requirements of this code,
are equal in size .and capacity to the combined
requirements of the several buildings or uses,
and are designed, located, and arranged to be
usable thereby; hospitals, sanitariums,
welfare institutions, or similar uses which
have an aggregate gross floor area of: over
5,000 square feet, but not over 20,000 square
feet: one space; plus for each additional
25,000 square feet (over 20,000 square feet}
" or major fraction thereof: one space.
2.3.4~21.4o For facilities in section 2.3.19. 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
2.3.19, to insure that no deliveries 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.~9a1.5. For any use not specifically mentioned, the
requirements for off-street loading facilities
for a use which is so mentioned and to which
the unmentioned use is similar shall apply.
2.3.~21.6. Minimum loading space size. Each loading
space shall be a minimum of ten feet by 20
feet in size.
(Ord. No. 92-73, S 2; Ord. No.94-SS, S 3, 10-21-94)
Sea. 2.3.2422. Off-street parking spaces required for
disabled persons.
2.3.20.1. ~-~,~-, ....... ~-~ .... x_~_,__~
3.3.2~.I I e~e e~eee ~t~ .4_ ~tmme~ "~-~-"-
building malnt=ine~ en~ epcratcd with
funds and intcndod for ~ee by ~ publicr
Words underlined are added, words.e~are deleted ;
--- rams M
........ , hczpital;; e ~
' .......... shall be ..... ~*~ ~
........ ~-- rchabllitatlon
Any business, ft~, corporation, person,
other entity, ....... ~ ..... ~ J-J '*-
~ ~.].~0.1, which operates or maintains
a ~tldtng which is ~sed ~ the publlo or
vhtch ~e public has access shall pr~tda
specially desired and marked motor vehicle
parktnq spaces for the exclusive usa
physically disabled persons. in accordance
with the ~ericans with Disabili~ies Act IADA)
of 1990. ~ese ~idelines are ~o be avolied
durin~ the design. const~ction and alteration
of buildings and facilities covered ~ Title~
IX and III of the ADA to the e~en~ retired
~ re~la~ions issued by Federal aaencies,
includin~ the Deoa~men~ of Justice and tba
DaDartman~ of ~ans~a~ion under the ADds
A parkinq lo~ se~tctnq any ~i ldtnq
entrance pathray to a ~ildinq shall have a
number of level parkinq spaces, as se~ fo~h
in the foll~in9 table, identified
a~veqrada siqns, ~ ~:cvldcd ~
2.:.2C.:.~., as ~tnq rescued for physically
disabled persons:
Total Spaces Retired Num~r of
In ~ Reserved Spaces
Up to 1
26 to 50 2
51 to 75 3
76 to 100 4
101 to 150 5
151 to 200 6
Words UDderlined are added, vordse~e~--~4~are deleted
Total Spaces Required Number of
in Lot Reserved Spaces
~. 201 to 300 7
301 to 400 8
401 tO 500 9 "
501 tO 1,000 2% Of total
1001 and over 20 PlUS I for each 100
over 1.000
2.3.20~.3. ~T~=C~iO ~ a~d ~c=Ign~ Parkin~
spaces ProVided for the eX~lusive use of
PhYsicallY disabled oersons serving a
particular buildina shall be located on the
shortest accessible route of travel from
adjacent Darkina to an accessible entrance.
In Darkin~ facilities that do not serV~ a
particular buildin~. DarkinQ shall be located
on the shortest accessible route of =ravel to
an accessible pedestrian entrance of the
DarkinQ facility. In buildin~s with multiple
accessible entrances with adiacent parkinG.
Parking spaces shall be dispersed add ~oG~t¢d
closest to the accessible entrances.
2.3.29~.3.1. All spaces shall have accessibleitv thcrct= to
a curb ramp or curb cut, when necessary to
allow access to the building served, and shall
be located so that users will not be compelled
to wheel behind parked vehicles.
2.3.2e~.3.2. Diagonal or perpendicular parking spaces shall
be a minimum of 12 feet Qidev by 18 feet long
and provide a 5 foot wide bv 18 feet lo~
passenger loading zone adjacent and parallel
to the Darkin~ space.
2~2.20.~,3, ~ ~ e~sees shall be located
~uch~~ ~e ~ which will
2.3.29~.3.~L Each such parking space shall be ~
consD~ousl~ outlined ~ in blue paint~ and
shall be posted ~ with a ~
~ pemanent. above-~rade sign
Words underlined are added, words e~Mek~ are deleted
transport:rich, bearing the internationally
accepted wheelchair syTnbol -and
~cessibilitv or the caption "PARXING BY
~. DISABLED PERMIT ONLY~", ~[. bearing both such
symbol and caption. All handicapped parking
spaces must be signed and marked in accordance
Fith the standards adopted by the Department
of Transportation.
(Ord. No. 92-73, S 2)
Beo. 2.3.2~. St, at14ai,4e -fop ~ v2Fal-f-~ ~he
ee~%~.%% b~e~.eee ~,~t.z~Le%TAND~RDS FOR PARKIN~
WITHIN T~B I]{MOKALEZ CENTRAL BUSINESS
DISTRICT.
2.3.2&1.1 Primary area. Lots, parcels, or uses which
have frontage on West Main Street (SR 29) or
First Street (CR 846) shall comprise the
primary area.
2.3.251.1.1. 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 2.3.14 except.that existing uses
shall not reduce the number of spaces below
that which is provided as of the effective
date of this code.
2.3.2&1.1.2. Expansion. The expansion of any use shall
require parking at 50 percent of the minimum
requirement as set forth in section 2.3.14,
for the expansion only.
2.3.251.1.3. Change in existing use. A change of any use
shall be exempt from the minimum parking
requirements as set forth in section 2.3.14 up
to an intensity level of one parking space per
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.
2.3.2~1.1.4. Uses in new buildings. Any use in a building
constructed after the effective date of this
code will be required to provide parking at 50
percent of the minimum requirement as set
forth in section 2.3.14.
2.3.253.2. Secondary area. Lots, parcels, or uses which
do not have frontage on Main Street or First
Street shall comprise the secondary area.
Words underlined are added, words etruck-~hm~ are deleted
2.3.2~.2.1. 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 2.3.14 except that existing uses
shall not reduce the number of spaces below "
that which is provided as of the effective
date of this code.
2.3.2~.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 2.3.14, for the expansion only.
2.3.2~.2.3. Change in existing use. A change of any use
shall be exempt from the minimum parking
requirements as set forth in section 2.3.14 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 2.3.14. No change in use
shall allow for a reduction of the current
number of parking spaces provided.
2.3.2~.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 2.3.14.
2.3.2~1.3. Off-site parking agreements. In no way
shall3the provisions of the Immokalee central
business district (ICBO) be construed so as to
prevent establishments within the boundaries
from taking advantage of off-site parking
arrangements as set forth in section 2.3.4.11.
Furthermore, the maximum distances set forth
in section 2.3.4.11 shall be increased to 600
feet within the boundaries of the ICBD.
Properties within the ICBD entering into
off-site parking agreements with properties
outside the ICBD may utilize the 600-foot
rule.
2.3.2½A.4. Boundaries of the district. The physical
limits of the Immokalee central business
district (ICBD) are as shown on the official
zoning atlas map of the subject area, and as
described below:
Words underlined are added, words e~ek~ are deleted
Beginning at the intersection of First Street
and Third Avenue, the ICBD boundary proceeds
westerly along the centerline of Third Avenue
to its intersection with North Fifth Street to
its intersection with Second Avenue, then
westerly along the centerline of Second Avenue
to the northerly extension of the east line of
Lot 33, Block A, Joyce Park Subdivision; then
southerly along said lot line to the southeast
corner of said lot, then westerly along the
south lot line of Lots 33, 34, and 35 to the
southwest corner of Lot 35, then northerly
along the western lot line of Lot 35 to the
centerline of Second Avenue, then westerly to
the centerline of North Ninth Street, then
southerly to the westerly extension of the
north lot line of Ix3t 12, Block 6, Carson's
Subdivision, then easterly, northerly and
easterly with the north lot line of Lot 12 and
continuing easterly to the northeast corner of
Lot 6, Block 4, Carson's Subdivision, then
southerly to the centerline of Boston Avenue,
then easterly to the centerline of Fourth
Street South, then southerly to the western
extension of the south lot line of Lot 5,
Block 9, Carson's Addition Subdivision, then
easterly to the centerline of Third Street
South, then southerly to the centerlime of
Colorado Avenue, then easterly to the
centerline of Second Street South, then
southerly to the centerline of Eustis Avenue,
then easterly to the southern extension of the
centerline of Fahrney Street, then northerly
with the centerline of Fahrney Street to the
centerline of Delaware Avenue, then westerly
to the southern extension of the east lot line
of Lot 14, Block 1, Mainline Subdivision,
then northerly to the centerline of Rose
Avenue, then westerly to the centerline of
South First Street, then northerly to the
point of beginning.
(Ord. No. 92-73, S 2)
Seo. 2.3.22~ STANDARDS FOR PARKING WITHIN THE MARCO LAKE
DRI~rE BUSINESS DISTRICT (MLDBD).
2.3.2~.1. Location of Marco Lake Drive Business
District: The Marco Lake Drive business
District is hereby created. The Physical
words underlined are added, words =t=u~k t~rou~ are deleted
Limits of the Marco Lake Drive Business
District (MLDBD) are depicted on the Official
Zoning Atlas Map of the subject area. All of
the lots which constitute the MLDBD are zoned
commercial and have frontage on Marco Lake
Drive. The MLDBD is further described as Lots
1 through 31, Marco Highlands Subdivision, as
recorded in Plat Book 3, Page 72, of the
Public Records of Collier County, Florida.
2.3.2~.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. 2.3.14
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.
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.
2.3.2~.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 for
uses which have a parking intensity of one (1)
space per two hundred f200) 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.
2.3.14. Any expansion or new construction
shall include the on-site installation of
parking for the disabled as provided for in
Sec. 2.3.20 of this Code.
2.3.2~.1.3. Change in Existing Use: A change in any use
shall be exempt from the minimum parking
requirements as set forth in Sec. 2.3.14 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
Words underlined are added, words e~Pee~~h are deleted
use as set forth in Sec. 2.3.14, and shall
provide on-site parking for the disabled as
set forth in Sec. 2.3.20 of this Code.
2.]~2~.1.4. Off-Site Parking Agreements: In no way shall
the provisions of the Marco Lake Drive
business District (MLDBD) be construed so as
to prevent establishmsnts within the
boundaries from taking advantage of off-site
parking arrangements as set forth in Sec.
2.3.4.11.
OFF-STREET PARKING/md/13983
Words underlined are added, words struck throug~ are deleted
OR~=aIN: Current Planning Staff
AUTHOR: Bob Mulhere, AICP
Current Section Planning Mgr.
DEPARTMENTs Planning Services
LDC SECTIONz 2.6.33.3
CF~ANGEz To allow for temporary parking in support of
construction and development activities on lots which are not
contiguous to the lots on which the development activity is
taking place, provided such temporary parking areas are not
separated by a collector or arterial roadway (as designated in
the Traffic Circulation Element of the Growth Management Plan.)
REASONS As a site is developed, especially a large project,
there is a need for parking for workers which is located in a
area which is both safe and convenient, and not otherwise
interfere with the construction, sales and residential
activities which may be occurring on the site. This change
provides locational restrictions for temporary parking for
construction and development which mirror the location
restrictions for off-street parking set forth in Section 2.4 of
the LDC. Staff continues to have the ability to review the
proposed location for traffic circulation issues; landscaping
and buffering; lighting; hours of use and length of operation;
environmental impacts; stormwater management; and any other
public health and safety issues.
FISCAL & OPERATIONAL IMPACTS~ This proposed amendment will have
no additional fiscal or operational impacts on either the
County or the development and construction industry.
RELATED CODES OR REGULATIONS: None.
Amend the LDC as follows:
Section 2.6.33
Subsection 2.6.33.3
2.6.33.3.
8. Off-site temporary parking on property which is
located contiquous to the subject development, or
~ould be contiquous excent for a roadway that ~s
not designated as a collector or arterial in the
Traffic Circulation Element of the Growth
Management Plan. with the written authorization of
the property owner.
Words ~ are added, words utruc]~ t~rcug~ are deleted
ORg~IN: Planning Services Staff
AUTHOR: Bob Mulhere, Current Planning Mgr.
DEPARTMENT: Planning Services
LDC SECTION: 2.6.33.4.1
CHANGES Addition of language to clarify intent of this
Section.
REASON: Recently approved Temporary Use Permits for
model homes have resulted in the models being used to
market a product which is not permitted within the
zoning district in which the model is located. An
example would be constructing a model, in a single
family zoning district, to meet the building code
standards of a single family structure, but furnishing
and designing the structure with the intent of marketing
a multi-family project located in different geographical
area of the County.
Model homes are not intended to be a full scale
commercial operation and in fact the full scope of real
estate activities from a model is prohibited. If a
developer wishes an off-site model or sales center, it
should be located within the appropriate commercial
district, or residential district which permits the use
the model is intended to market.
FISCAL & OPERATIONAL IMPACTS: This amendment will have
no operational or fiscal impacts on the County.
RELATED CODES OR REGULATIONS: None.
Section 2.6.33.4 Model homes and model sales centers.
2.6.33.4.1 Model homes and model sales centers shall be
of a temporary nature and may be allowed in
any residential zoning district or
residential component of a PUD by the
issuance of a temporary use permit. Model
Homes are intended to facilitate the sale of
the model design. or of prod~gts similar in
~esign to the model. Model hc~ located
within residential zoning districts~ Qr
within a residential componept of a pU__D
shall be restricted tQ the promotion of a .
product Or PrOducts Permitted within the
residential zoninq district or PUD inwhich
~b~ mode1 is located and ~r subject to
the following:
ORigIN: Staff (Community Development)
AUTHOR: Bryan Milk, Project Planner
DEPARTMENT: Current Planning & Technical Services
Section
LDC PAGE: LDC 2:221, LDC 2:222
LDC SECTION~ Sec. 2.6.35. Communication Towers.
CHANGE: This section is being amended to provide clarifying
language to the development standards for amateur radio
towers and ground-mounted antennas within the RMF-12, RMF-16
and RT zoning districts. The amendment also prohibits
ground-mounted antennas above 20 feet within the VR, M}{, and
TTRVC zoning districts, and clarifies tower heights permitted
within the commercial and industrial zoning districts.
REASONs Within the RMF-12, RMF-16 and RT zoning districts,
amateur radio towers and ground-mounted antennas are
permitted uses up to specified heights per Subsection
2.6.35.6.25. The proposed language clarification will
provide a reference to these development standards. Also for
the past 5 years staff has not seen the need for
ground-mounted antennas above 20 feet within the VR, MH, and
TTRVC zoning districts. Therefore, the change will limit
ground-mounted antennas to a maximum height of 20 feet above
the natural grade.
FISCAL & OPERATIONAL IMPACTS= This amendment should have no
fiscal or operational impact on the County.
RELATED CODES OR REGULATIONS: None
Amend the LDC as follows:
2.6.35.6.1. Except to the extent that amateur radio
towers, and ground-mounted antennas with
a height not to exceed 20 feet, are
exempted by subsection 2.6.35.6.25
herein, no new tower of any height shall
be permitted in the RSF-1 through RSF-6,
RMF-6, VH, MH. TTRVC, and E Estate zoning
districts. However, notwithstanding
other provisions of this section,
including the separation requirements of
subsection 2.6.35.6.6 below, towers may
be allowed to any height as a conditional
words underlined are added. words ~tr=~k th~o:~ are deleted
use in the E estate zoning district on
sites approved for a specified essential
service listed in subsection 2.6.35.6.3,
below. There shall be no varianccs
exception to this subsection except for
varianc~ conditional use applications by
a government for a governmental use.
2.6.35.6.2 Permitted ground-mounted towers. Towers
not exceeding the stated maximum heights
are a permitted use subject to other
applicable provisions of this section,
including separate requirements and
shared use provisions. Towers that
exceed those specified maximum heights
require conditional use approval.
1. All commercial and industrial zoning
districts: Any tower up to 75 feet in
height is a permitted use subfect to
minimum yard requirements. Any tower
that exceeds 75 feet in height up to a
height of 2001~/feet is a ~
lawful use only if Permitted or otherwise
provided in the respective zoning
~ the base of such tower is
separated from the nearest boundary of
any parcel of land zoned RSF-1 through
RSF-6, RMF-6, E, R34F-12, RT, VR, MH,
~'i'KVC, or PUD zoning of six residential
dwelling units or less, by a minimum
distance in feet determined by
multiplying the height of the tower (in
feet) by a factor of 2.5. (The minimum
separation distance is 2~ times the
height of the tower.) Towers which do
not meet the separation requirement may
apply for a variance in accordance with
section 2.7.5~ et~-a-~endltlor~l uzc in
2. Agricultural zoning districts within
the urban designated area: Towers not
exceeding 200 feet.
3. Agricultural Districts within the
rural designated area: Towers not
exceeding 280 feet.
Words underlined are added. words =trueW--~Mh~ are deleted
4. All agricultural zoning districts:
No tower shall be allowed on any site
comprising less than 20 acres under
common ownership or control except on
conditional use sites, where towers can
be approved as a conditional use on sites
of less than 20 acres.
2.6.35.6.3 [no changes proposed to this section]
2.6.35.6.4 New towers shall be installed only on
rooftops in the RMF-12, RMF-16, and RTT
%.~, ..~, and TT~VC zoning districts~
except amateur radio towers with a height
not to exceed 75 feet above the natural
~rade. and Ground-mounted antennas with a
height not to exceed 20 feet above the
natural ~rade are permitted within these
zonin~ districts. Except, hcw~vcr, that
Also. ground-mounted monopole
communication towers up to 150 feet in
height above the natural grade, including
antennas affixed thereto, may be allowed
as a conditional use within these zoning
districts. The height of each monopole
communication tower shall be limited to
the height necessary for its use at its
location.
2.6.35 COMMUNICATION TOWERS/md/6/19/95
Words underlined are added. words ~truck thr.9~e~ are deleted
'olzazxz Office of the County Attorney
AOTHOR; MarJorie Student, Assistant C~nty Attorney
Z.DC sZ~Zo~ 2.7.2.3
CIJUlQBS Change to notification procedures for soning changes
XEAlOIIz To reflect state statutes
FISCAL & OFERATION~LT. I)(PACTSm This ey change operational impacts as the
Board will be recZuired to hold only one ~ublic hearing, which
is not, in all cases required to be an evening hearing. Of
cootee the Board could elect to continue the current process
in which t~ (2) evening hemtinge ere required by the LDCo
REI.ATZD CODES OR REGUT. ATIOHSZ State Statutes
A~nd the code as follovex
2.7.2.3. Notice.
2.7.2.3.1. Notice and ~ubiic hearing whore proposed amenben= ~uld not
change zonimg class~fication of land. Ordinances or
resolutions initiated by the board of county copiesloners or
its deaignee which do not actually change the official zon£ng
atlas {the zoning designation applicable to a piece of
property) but do affect the use of land, including, but not
-1-
Words undgrlLned are added/~ords e{~ri~--%h~h are deleted.
Ximitm~ to, land develotx~nt regulations as dillned in F.S. S
163,)202, rmgardlmss of the l~mrcentage of the total land area
of the county actually affected, shall be enact~ or mended
~rauant to the foll~ing ~blic notice and hearing
r~cin~lr~nta by the planning c~ission and the board of
1. The planning c~lsslon shall hold one advertised l~bll~ hearing on
the proposed ordinance or resolution. No request for establisha~nt
or m~mmnd~nt o~ a regulation that a~fecta the use o~ Zand may be
considered b~ the planning c~ee~on unt~1 such t~ am notice o~
a ~blLc hea=Lng on the ~co~med ~en~ent ham been g~ven to the
c~t~=ene o~ Co11~e~ C~nty ~ ~bZ~cat~on o~ I notice o~ the
hea=Lng Ln a nwm~a~ o~ gene=aZ c~=cuZat~on ~n the count~ at
least 15 days Ln advance o~ the ~bl~c hea=Lng,
2. The board of county co~miasioners Ihall hold ~ve at least one
advertised public hearL~ge on the proposed ordinance or resolutio~.
~ ehnl} ~ enn~ e~ ~ f~z;~ ~bli~ hc=rln~ The reoulqr
enactment DrQcedVVe [o[ Suqb 0[d[~ance or resolut~o~ shall be as
follows: The bO~[d 0f C0~v co~0.ers at any regular ~r
~DeciaE meet[Dq m~V emact Or amend the ordinance or reso~utlo~ l[
~ot~ce of Intent to same is ~v~ at leas~ 10 dave prior to said -Z-
Words un4erl~ are adds4; wrds ~ are deleted.
meetina by' Publication in a newspaper of aeneral circulation In the
county. A copy of such notice shall be kept available for Public
-_.
inspection durincx regular business hours of the office g: clerk to
the ~ard of c~ntv c~iss~oners. The notice of Drowsed
enact~n= shall state the date, time and place of the meeting, the
title of the mroD~sed ordinance or resolution, and the place or
places within the c~ntv where such Drowsed ordinance or
resolution may be lns~cted ~ ~he ~blic. The notice shall also
advise that ~n~lrested marries may a~sr at ~he meetinu and be
heard w~th resMR ~o the Drowsed ordinance or resolution.
~B O~ ~B~IC~:HBNT ~ CHA~B O~ ~ND R~ATZ~ A~
~H~6~AND
~he propose} ~o ed-o~ or oh,erie · re~}a~-~
-3-
Words underlined are added; ~rds ~ are deleted.
2.7.2.3.2. Notice and public hearinV where proposed amendment ~ould change sonin9
classification of land. In the case of an aFpllcation for the rezoning
of land, to include rezon£ngs Initiated by other than the board of county
coff~issioners or mn~nts to ~lann~ unit d~elo~nts[, such
pc~isions] shall N snact~ or ~ndsd ~rsusnt to the foll~lng ~bl~c
notice and hearin~ re~lrwnts by the planninq omission a~ the board
o~ c~nty c~/ssioners.
1. A sign shall be posted at 15 days prior to the date of the public
hearing by the planning commission. The sign to be posted shall
seasure at least 1% square feet in area and shall contain
substantially the following lanquagex
PUBLIC HEARING TO REZONE T}IIS PROPERTY$
FROM TO
TO PER}ilTx
DATEx
TII4~I
-4-
Words underlined are added/~ordl ee~:~lwk--t~r~eh are dele=ed.
T~3 BE HELD IN CO~ISSIONERS MEETING ReX)M, COLLIER COUI%TTY
G(~/~I~H~NT t'I~TTER.
2. The sign shall be erected b~ the development services director in
full viev Of the public on each street side of the laid land to be
rezoned. Where the property for which rezoning is sought
landlocked or for Io~e other reason the signs cannot be posted
directly on the land to be rezoned, then the sign or signs shall be
erected along the nearest street right-of-way, with an attached
notation indicating generally the distance and direction to the
property for which rezoning is sought. Where large parcels
property are involved with street frontages extending over
considerable distance, the develol~nent services director shall
erect as ~ny signs on a street frontage as may be deemed adequate
to inform the public. The posting of signs as provided An
subsection shall only be required where th zoning au~end~ent
proposal is specifically directed tO changing the zoning
.. classification of a particular parcel of land.
3. The planning commission shall hold one advertised public hearing.
frotics of the time and place of the public hearing by the pl/nnin~
commission shall be at least 15 days in advance of the hearing by
mail Co the owner of the subject property or his designated agent
or attorney, if any.
4. rgotice of the time and place of the public hearing by the planning
cofwnission shall be advertised in a newspaper of general
Words underlined are/ddedJ words e~T~ th~c.~ch are deleted.
circulation in the county at leas~ one =h~ .~= ,-~t 15 days prior
to the ~ublic hearing.
5. Notice of the time and place of the public hearing by the planning
CO~w~llllOn Ihal~ be lent at least 15 days in advance of the hearing
b~ maiZ to al~ owners of property within 300 feet of the proper~y
lines of the land for which rezon~ng or a planned unit develo~nt
(~) mn~nC Is s~hCl pr~lded, h~ver, ChaC where the land
for which the rezonlng or P~ ~n~nc Ls s~ghC Is pa~ of, or
adJacen~ to, land ~ed ~ the s~ ~rson, the 300-f~ distance
shall ~ ~asured fr~ the ~ndaries of the entire ~ership or
Y~, exce~ thaC notice need no~ be ~lled ~o any pro~y ~e:
located ~re then onrhalf mile (2,640 feet} fr~ the land or ~
for which rezon/ng or ~D ~nt Is s~ghC. For the ~ses of
this r~ir~nt, the nms a~ addresses of prodroy ~ers shall
~ de~ those a~rlng on the lates~ tax rolls of Collier
county.
~ 6. Notice of the time and place of the public hearing by the board of
county commissioners shall be advertised in · newspaper of genere~
circularloft in the county at least one time at least ~ 10 days
prior to the public hearing.
7. The clerk to the board of county co.wnissioners shall notify by mail
each real property owner whose land fs subject to rezoning or PUD
amendment and whose address is known by reference to the latest ad
valorem tax records. The notice shall state the substance of the
proposed ordinance or resolution. Such notice shall be given st
least 15 days prior to the date set for the public hearing, and · -6-
Words underlined are/ddedl ~ordl ~ are deleted.
copy of such notices shall be kept available for public inspection
during the regular busLness hours of the clerk to the board of
county co6~lssioners.
8. The board of county conciseLoners shall hold one advertised publio
hearing on the proposed ordinance or resolution and may, upon the
conclusion of the hearing, immediately Idopt the ordinance or
reeoZution.
2.7.2.3.3. Notice and public hearing where proposed amendment initiated by the board
of county ccmzaissioners ~ould change the zoning el~=;Ifl;;=i;n e~ mad
delLanation of a aarcel or oarcels of land involvina less than ~en
cont~cFuoul acres of land. ~ ~ ~ ~ ~ ~ ~ ~ ~o~tT~
In cases In which the pro~s~ cmprehenl~ve rezonLng action, lncZuding
ht ~ l~Lt~ to those ~rovided for In the Zonin~ Riovaluation
Ordinance (90-23}[C~e oh. ~06, art. XI], Lnitia~ed ~ the board of cou~t~
c~ss~oners or l~l del~gnee ~nvolvel 1&Is tha~ ~ ~ ~ ~
~ ten co~L~l lores of land ~ [such provis~ons] shall be
enacted or mnded ~rsuan~ to the foll~ng ~b~Lc no~ce and hearing
re~lrmn~s by the planning c~[esLon and the board of county
c~lss~oners.
1. The planning commission shall hold one advertised public hearing.
Notice of the tlJ~e and place of the public hearing by the planning
cora~lssLon shaXl be advertised in a nayspaper of gonetaX
circulat~on £n the county a~ leas~ one time a~ least 15 days prior
to the date of the public hearing. No=ice of the time and place of
the public hearing by the planning commission shal~ be sent a~
least lS days in advance of the hearing, trf ma£1, to the o~ner of
~ords u~derl~ned are sddedJ words e~ are doZeted.
the properties whose land will be rezoned by enactment of the
ordinance or resolution, whose address is known by reference to the
latest ad yelpram tax records.
2. A notice advising of the hearing by the board of county
commissioners to consider rezoning properties shall be sent by mail
[to] each real property owner whose land will be
redelianatld by enactment of the ordinance or resolution and whose
address is kno~al by reference to the latest ad valor~ tax records.
The notice shall state the substance of the proposed ordinance or
resolution as it affects the property ~wner and shall set a t~u~e
and place for the public hearing on such ordinance or resolution.
Such notice shall be given at least 30 days prior to the date set
for the public hearing. Additionally. notice of the time and place
~[ the rmblic helrino by the board of county commissioners shall be
Idvertlled in a newspaper of oeneral circulation in the county It
least ten days prior to the public h~arino. A co~v of such notice
shall be ker~c swillable for public ins~ection durin~ rapdear
business hours of the office of the clerk o[ the board of county
commissioners. The notice of the proposed enactment shall state
the date. time. and place of the meetino: the title or titles
proposed ordinancesx and the place or places within the county
~here such proposed ordinances may be inspected by the public. The
notice shall also advise that interested parties may appear at the
meetins and be heard with respect to the proposed ordinance.
3. The board of county c~missioners shall hold one advertised ~blic
hearing on the proposed ordinance or re,olution and rmay, upon the
'8-
Words underlined are added~ words et~ru~k-%h~ouqh are deleted.
conclusion of the hearing, lnwnediately adopt the ord/nance or
resolution.
2.7.2.3.4. Notice of public hearing where proposed amendment would change the zoning
~nt7. mao defilenation of · ~arcel or oaroils of land ~nvolv~na ten
conti~uous areas or m~re of land in the county or ~uld oh·nee the a~uat
list of Nm[tted, conditional. or oroh[bite~ gses ~E land within
zon[nd cat~o~. In cases In which the prosed ~ ~ ~
zon[na mad dem[onat~on ~ m Dance1 or oa~celm o~ land ~nvolvem ten
cont[~e a~res o~ ~e o~ land or chanqem the actual liar o~ ~e~tted
conditional or oroh[b[t~ umem o~ land within a xon[nQ cateQo~
~m~onm] mhall be mnactmd o~ mnded ~euant to thm ~bl~= not~cm and
hearing r~[~mntm by the planning cm~am[on and the ~mrd ~ c~nty
The pl·nning cof~nission shall hold two ·dvertised I~blic he·rings
on the proposed ordinance or resolution. Both hearings shall be
heid after 5s00 p.m. on · weekday, and the first shall be held
approximately seven days after the day that the first advertisement
is published. The second he·ring Ih.tll be held approximately two
weeks after the first hearing and shall be advertised approximately
five days prior to the public hearing. The day, time, and place at
which second public hearing will be held shall be announced at the
first public hearing.
2. The required advertisements for the planning commissioner ~ublic
he·tinge shall be no less than one-quartet page in a standard size
-9-
Words underlined ·re ·dded$ words e~f~4--i~h are deleted.
or a tabloid size newspaper, and the headline in the adverlz£aement
shall be In a type no smaller than 18 point. The advertisement
shall not be placed in that portion of the newspaper where legal
notices and classified advertisements appear. The advertisement
shall be published in a newspaper of go,oral paid circulation Lfi
the county and of general interest and readership In the coetaunity
pursuant to r.I. ch S0, not one of limited subject utter. It Is
the legislative intent that, wherever possible, the advertisement
shall appear in · newspaper that is published at least five days
per week unless the only newspaper in the cca~unity is published
less than five days per week. The advertisement shall be In the
following forms
NOTXC~ O~ ZONXNG CHANG*e-
The {name Qf local oovernment unit1 oreposes to
fezone the land within the area ihown
advertLlemento
A publie hearing on the rezoning will be held on
and timel at (meetIns ~lace} .
3. The .dvertise~ent shall also contars a geographio location map
which clearly indicates the area covered by the proposed ordinance
or resolution. The map shall include major street names as a means
of identification of the area.
4. The board of county corxaissioners .hall hold two advertised publie
hearings on the proposed ordinance or resolution. 8o~h heez44q~/e A~
leae~ one hearthe shall be held after 5~00 p.m. on · weekday, -10-
words underlined are addedl words ~;~ th~Gu~ are deleted.
unless the board of county commissioner~, bY · matqrity olus one
vote, elects to conduct that hearing at another
first ~blic hearing shall be held at least ~ seven
days aftmr the day that the first advertisement is ~ubltshsd.
recond hearing shall be ad~ ~ ~4ee w;=kz held at
least ten days after the first hearing and shall be advertised
m~ at laas~ ~vm days prior to ~ha ~bl~ hssr~n~.
5. ~he re~Jlred advertisements shall be no lesa than ~ pete
t~o columns wide by ten Inches lono in a standard size or a tabloid
sl%a n~spa~r, and the headline in the advertiss~mnt shall be in a
tyl~m no smaller than ~8 point. ~he advertisement shall not be
placed in that portion of the newspaper where legal notices and
classified advertisements aleear. The advertisement shall be
~=i=.%ed oldcad in · newspaper of general paid circulation tn the
county and of general interest and readership in the co...unity
pursuant to f.S. ch. 50, not one of limited subject matter. It is
the legislative intent that, whenever possible, the advertisement
shall appear in · newspaper that is publinhed a= least five days ·
week unless the only newspaper in the co~w~unity is published less
than five days a ~ek. The advertiso~lnt shall be in substantially
the following formg
NOTIC~ OF ~o+~l-N~/TYP~ OF} CHANCE
The /name of local oovernmenc unit} proposes to adopt
the ~ollow~n~ by ordinance or reso~u~o~ ~ ~ ~
-11-
Words underlined are added; ~ords e~--~eh--l~%f~q~h are deleted.
A lmblio hearing on the ordinance or resolution e
will be held on ..... [date and ~lmel at (meetina
olacel .
lxceot for nedmeets which cheese the actual list of oermittedL
conditionat, or ~rohib~ted uses within I zonina cateaorv, the
advertLseeent shall =~:: contain a geographic location map which
clearly indicates the area y~thin the local aovernment covered by
the pro~sed ordinance or resolution. The map shall include major
street nns as · means of identification of the Qenera~ area.
6. In lieu of ~ublishing the advertisement set out In this paragraph,
the board of county cc~mtissioners may ma~l a notice to each person
owning real property within the area covered by the ordinance or
resolution. Such notice shall clearly explain the proposed
ordinance or resolution and shall notify the person of the tJ~e,
place, end location of both public hearings on the proposed
ordinance or resolution.
'12-
words under~lned are added~ ~ords ;=r~;~ =~z~h are deleted.
%
ORIGIN: B.C.C. and Development Services Advisory Committee
AUTHOR: Thomas E. Kuck, P.E.
Engineering Review Services Manager
DEPARTMENT: Development Services
LDC PAGE: 2-252, 3-32 ORDINANCES 91-50 19,20
LDC BECTION~ 2.7.6.5., 3.2.8.3.6. ORDINANCE: 91-50 A ~03.1.1,1
CEANUE: Change will allow clearing, filling and revegetatton of
lots/parcels in projects where the area of the phase to be cleared
and filled is 25 acres or less.
REASONs Projects with normal to large lake systems are at
present, not permitted to clear lots and fill them during the lake
excavation. This leaves the developers with some undesirable
options for handling the excavated material; (1) large unsightly,
dangerous stockpiles, or (2) haul fill off-site (commercial
permit - road impact) and then import fill for building pads as
required (double handling, more road impacts).
These options are inefficient and an unnecessary cost of housing
construction in Collier County.
FISCAL & OPERATIONAL IMPACTS~ None to Collier County
OPERATIONAL IMPACTS: Cleared areas will need to be promptly
revegetated (grass) and maintained (mowed) on a regular basis to
prevent intrusion of non-native trees and shrubs. The maintenance
will need to be monitored.
FISCAL IMPACTS TO DEVELOPERS: Lake excavation and the appurtenant
spreading of the excavated material will be more efficient and
will require less double-handling. Clearing operations will not
require multiple site visits.
RELATED CODES OR REGULATIONS~ LDC Div. 3.5
Excavations - LDC Div. 3.9 Vegetation Removal,
Protection Preservation - Collier County Administrative
Code.
Sec. 2.7.6.5. Improvement of property prohibited
prior to issuance of building permit
No site work, removal of protected
vegetation, grading, improvement of
property or construction of any type
may be commenced prior to the issuance
of a building permit where the
development proposed requires a
building permit under the Land
words underlined are added, words ~tTaek--t~h are deleted
-1-
Development Code or other applicable
County regulations. Exceptions to
this requirement may be Granted bY the
Community Development and
Environmental Services Administrator
for an apDrQved Subdivision or Site
Development Plan to provide for
distribution of fill excavated on
site or to permit cons~r~Cti0n of an
aDDroved water management system, to
minimize stockpiles and haulin~
off-site or to protect the Dublit
health, safety and welfare where
clearing. oradinq.....and ftllin~ plans
have been submitted and aDDroved
meeting the warrants of Section
3.2.8.3.6. Of this Code: Removal of
exotic vegetation shall be exempted
upon receipt of a vegetation removal
permit for exotics pursuant to
Division 3.9.
Sec. 3.2.8.3.6. Clearing, grading and filling. A site
clearing plan, ~radtnu. fillin~ and
reve~etation plan where applicable
shall be submitted to the Community
~evelopment and Environment~l
~eervices dlrcctor Administrator, 9r
his desi~nee for review and approval
prior to any clearing, grading or
filling on the property. This plan
may be submitted in phases to coincide
with the development schedule. The
site clearing plan shall clearly
depict how the improvement plans
incorporate and retain native
vegetation. The site sDecific
clearinG. GradinG. and fillin~plan
for a Subdivision or Site Development
Plan may be considered for review and
~pDroval under the followiD~
~ate~ories and subject to the
lollowing requirements:
i~ Removal of exotic ve~etation:
Removal of exotic ve~etation is
permitted upon rece.lDt of ~
vegetation removal permit pursu~n~
Words ~ are added, words ---truck thzca<3h are deleted
to DivisiOn ~-9. AdditiOnal site
alteratioB may be De~mitted or
required to stabilize and deter
reinfestation by exotics subiect
to the followinq:
iLL Provision of a site fillinn
and qradinc plan for review and
approval by the County:
b) Provision of a reveCetation
plan for review and approval bv
the County:
c) Payment of the applicable
review fee for site alteration
plan review.
2. Site alteration within existlnq
platted single family
subdivisions. Sincle family lots
located within an aDDroved platted
residentialIv zoned subdivision
may be aDDroved for site
alterations upon submission Of a
clearinq, qradinc. fillinc and
revecetation plan with a written
statement of Justification. The
clearinq and fillin~ under thi~
provision is limited to no
than three conticuous lots subject
to submission of the following;
a) Provision of a site filling
and cradinc plan for review a~d
amProYal by the C_Q_U~tv:
b) Provision of a rev~qetation
plan for review and approval
the County;
c) PaYment of the applicable fee
for site alteration Plan
review.
Add~tional lots may be cleared.
where under the same ownership,
~nd where such clearinq can
demonstrated to be necessqry
implement the DrOi~t's sUr{ace
water masterplan or tO comply with
the conditions of any %oca1, state
or federal Permit. or, wher~
to the development of reauir~d
infrastructure. it can b~
Words underlined are added, words s~ru~k:t,~-e~/4~ are deleted
demonstrated that clearin~ and
filling will lessen any negative
ilnpacts to the Public healthL
welfare and safetY.
3. Site alterations within new
developments for which a
SubdivisiQn or Si~e Development
Plan has been ap~roved: Clearing.
grading and fillin~ within an
aDDroved phase of a Subdivision or
Site Development Plan may be
aDDroved by the Community
Development and Environmental
Services Administrator, subject to
the below noted conditions and
provided the entire phase to be
altered does not exceed 25 acres.
Site alterations reGuiringmore
than 25 acres to properly utilize
fill Generated on site will
reauire approval of the BCC. Site
filling exceedin~ 25 acres to
properly utilize fill aenerated on
site, but which does not require
the removal of more than 25 acres
of Protected veaetation. may be
approved bY the Community
Development and Environmental
Services Administrator subject to
submission of the following;
~1 A site clearing plan shall be
submitted for review and
approval that shows the acres
to be cleared. A minimum
25t of the natural vegetation
shall be retained in accordance
with Section 3.9.5.3 of the
b) The applicant shall submit
detailed description of
fill and site work activity
includinq a Plan indicatiqg
fill placement l~otions add
depths. ~rading plan and w~te~
~qpaqement imp~ov~mCn~f.
c) ~he applicant shall submit
detailed reveqet~tion elan
tncludtnq a
estimate bY a reoister~
landscape architect
Words underlined are added, words et-P~le~--45h~h are deleted
-4-
Drofessfonal enaineer, The
cost estimate shall include the
cost of qradin~, reve~etation
~' and yearly maintenance cost and ..
a time specific schedule on
completion of the revereration
work,
~LL The permit~ee Shall post a
surety bond or an irrevocable
standby le~er of credit in an
.amount of 110% of certified
cost estimate as previously
detailed including the
maintenance cost for 3 years,
The amount o~ the s~.~uritv may
be reduced UPOn completion of
the aDDroved reva~
and UPOn occupation of the
site, A separate security will
not be reauired if such costs
are included in subdivision
security, In the event the
developer shall fail or neqlect
to fulfill its obliqations
under the conditions set forth
herein, or should the developer
fail to meet the time
limitations se~ forth in
Sections 3,=,6,4,8 and 3,3,8
of this Code. UPOn
certification of such failure
by the Planning Services
Director or his desiqnee, th~
County Administrator may call
UPOn the surety bond or
irrevocable letter of credt~ to
secure the completion. repair
and maintenance of required
improvements, including
reveqetation and re~radin~,
Sec, 3,9.6,4,9 A veqetation removal permit is no~
required for the removal of protected
veqetation Prior to bu~ldin~ Derml~
issuance if the conditions set forth
in Sec, 3,2,8,3,6 have.been met,
Words underlined are added, words e/&~4/e4~~l~ are deleted
-5-
PROPOSED LDCA~ENDHENT SUBMITTEd) TO PLA/qNI~G DEPT. ON 6/13/95
0RIGId| The Collier County Manares Protection Plan
AUTHOR! Kevln H. Dugan, St. Environmental Specialist
DEPART~ENT/AGZNCyI Natural Resources Department
~-~I~L2'2.4,202o5,2o2.6,2o2o7,2.2.8,2.2o9,2o2o10o
2.2.14, 2.2.15, 2.6.21, and Add 2.6.22
Zaf,~ 2-14, 2-15, 2-18, 2-20 2-22, 2-23, 2-25, 2-27, 2-42,
2-46, and 2-173 '
~ Language to specify that commercial marinas and
multi-dock (10 or more) facilities provide a Mamatee Protection
Plan and adhere to the Marina Siting Criteria.
CONSIDL~RATIONS; On July 19, 1994, the BCC approved the Collier
County Manatee Protection Plan (MPP) and on May 23, 1995 approved
several FDEP additions to the Plan. The Plan contains direction
to amend the LDC to include:
1.) A requirement for a mariatee protection plan for
marinas and multi-boat facilities both during and
after construction.
2.) Marina Siting Criteria and Density Limits
3.) An overlay to the Official Zoning Map providing
specific standards for the Wiggins Pass System, the
Clam Bays, and Collier Bay.
The fully implemented MPP is required by the Florida Department
of Environmental Protection (FDEP) before it will lift the One to
One Hundred Rule. The One to One Hundred Rule limits
construction of new marina facilities to one power boat slip for
every 100 linear feet of shoreline.
OPERATIONAL IMPACT~ The three items listed above can be
incorporated during the normal SDP process. The Army Corps of
Engineers and the FDEP specify, on most marina projects, what is
required for manatee protection. These specifications can easily
be included in a plan written by the applicant.
Site Development Plans for boat docks and marinas already require
that a bathymetric survey and a vegetative survey be undertaken.
Using this information along with the information provided in the
Manatee Protection Section (2.6.22) will determine what the
_1m
maximum boatslip density can be.
FISCAL IMPACTSt The added cost to a marina development for
compliance with this section could be less than $2000.
Written Plan by a Consultant: 8 hours ~ $100/hr ....... $800.00
Manetee signs (installed) ............................. $200.00 ea,
Pilings (installed) ................................... $400.00
Educational Brochures (per 1000) ...................... $200.00
Water Quality Monitoring .............................. $300.00/yr,
SEC. 2.2.4 RESIDEZ{TIAL SINGLE FAMILY DISTRICTS
2.2.4.2.2 Uses Accessory to Permitted Uses:
2. Private boathouses and docks, subject to Sec.
2.6.21, and Sec. 2.6.22.
2.2.4.3 Conditional Uses. The following are permissible as
conditional uses in the residential single family
districts (RSF), subject to the standards and
procedures established in Div, 2.7.4.
7. Non-commercial boat launching facilities,and
multiple dock facility. subject to Seo. 2.6.22.
SEC. 2.2.5 RESIDENTIAL MULTIPLE FAMILY-6 DISTRICT
2.2.5.2.2 Uses Accessory to Permitted Uses:
2. Private boathouses and docks, subject to Sec.
2.6.21, and Sec. 2.6.22.
2.2.5.3 Condit~onal Uses. The following are permissible as
conditional uses in the RMF-6 district, subject to
the standards and procedures established in Div.
2.7.4.
7. Non-commercial boat launching facilities~
~ub~ect to Sec. 2.6.22.
-2-
BEC... 2.2.6 RESIDENTIAL MULTIPLE FAMILY-12 DISTRICT (RHF-12}
2.2.6.2.2 Uses Accessory to Permitted Uses:
2.Private boathouses and docks, subject to Sec.
2.6.21. and Sec. 2.6.22.
2.2.6.3 Conditional Uses. The follovtng are permissible as
conditional uses in the Residential Multiple
Family-12 District (RMF-12), subject to the
standards and procedures established in Div. 2,7.4.
4. Non-commercial boat launching facilities,
subject to Sec. 2.6.22.
5EC. 2.2.7 RESIDENTIAL MULTIPLE FAMILY-16 DISTRICT (Pa4F-6)
2.2.7.2.2 Uses Accessory to Permitted Uses:
2. Private boathouses and docks, subject to Sec.
2.6.21, and Sec. 2.6.22.
2.2.7.3 Conditional Uses. The following are permissible as
conditional uses in the Residential Multiple
Family-16 District (RMF-16), subject to the
standards and procedures established in Div. 2.7.4.
4.~ Non-commercial boat launching facilities,
subject to Sec. 2.6.22.
SEC. 2.2.8 RESIDENTIAL TOURIST DISTRICT
2.2.8.2.2 V~os Accessory to Permitted Usesz
3. Private boathouses and docks, subject to Sec.
2.6.21, and Sec. 2.6.22.
2.2.8.3 Conditional Uses. The following are permissible as
conditional uses in the Residential Tourist
DisUrtct (RT), subject to the standards and
procedures established in Div. 2.7.4.
2. Marinas. sub~ec~ tO $ec, 2.6.22.
-3-
3. Non-commercial boat launching facilities,
subfect to Sec. 2.6.22.
SEC. 2.2.9 VILLAGE RESIDENTIRL DISTRICT (VR).
2.2.9.2.2 Uses Xccessorv to Permitted Usesf
2. Private boathouses and docks, subject to Sec.
2.6.21, and Sec. 2.6fZ2.
2.2.9.3 Conditional Uses. The following are permissible as
conditional uses in the Village Residential
District (VR), subject to the standards and
procedures established in Div. 2.7,4..
1. Boat yards and marinas, subject to Sec. 2.6.22.
SEC. 2.2.I0 MOBILE HOME DISTRICT
2.2.10.2.2 Uses Accessory to Permitted Uses:
2. Private boathouses and docks, subject to Sec.
2.6.21, ~md Sec. 2.6.22.
BEC. 2.2.14 COMMERCIAL INTERMEDIATE DIBTRICT [C-3).
2.2.14.2.1 Permitted Uses.
12. Marinas (4493). sub4ect to Sec. 2.6.22.
sEc. 2.2.15 G~NERAL COMMERCIAL DIBTRICT [C-4 ).
2.2.15.2.1 Permitted Uses.
16. Marinas (4493, 4499 except canal operation,
cargo salvaging, ship dismantling, lighterage,
marine salvaging, marine wrecking, steamship
leasing), subject to Sec. 2.6.22.
-4-
BEC. 2.6.21 PRIVATE BOATHOUSES RND 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 that the respective distances
specified in Secs. 2.6.21.2 and 2.6.21.3 for such
canal of waterway. MUltiPle private docks of ten
(10) WetSliDS or more are also subject to Sec.
2.6.22. Permitted dock facility protrusions as
well as extension of dock facilities are
measured...
-5-
2.6.22 MANATEg PROT~CTION "*
=.6.2Z.1 The following are for the pUrDq$$ O~ Manatee
Protection and will be applicable to all mUlti-SliD
docking facilities with ten (10} SliDS or more. and
all marina facilities.
2.~.22.2 Proposed developments will be reviewed for
consistency with the Mariatee Protection Plan (MPP}
adopted by the Collier County Board of County
Commissioners and aDDroved by the Florida
Department of Environmental Pr~ection.
If the location of the DrODQ§ed development is
consistent with the MPP. then the developer will
submit a "Manares Awareness and Protection Plan",
which shall address, but not be limited ~Q, ;he
following cat~gorie~
1. Education and public awareness
2. Posting and maintaining Manares Awareness
signs.
3. Information on tYPe and destination of boat
traffic that will be Qenerated from the
facility,
4. Monitorina and maintenance of water ~ualitV
comoly With state standards.
5. Marking of naviGational channels mav be
recruired.
2.6.22.3 M~rtna Siting.
The burDose of the marina site farina system is to
held determine the maximum WetsliD densities in
order to improve exist.i~ mariatee protection. The
marina site rating system ~ives a ranking based on
three (3} criteria~ water depth. native marine
habitat and manares abundance~
In evaluating a parcel for a potential boa~
facility. a minimum sphere of influence for the
boat traffic must be desi~n~tcd, For this plan an
on-water travel distance of five ~5) miles is
considered ~he sphere of influence.
2.6.22.3.~ Rat!n~ criteria. .
-6-
1, A Preferred rating is Given t~ ~ ~lte that has
or can legally create adecuate W~ter depth and
access, will not impact native marine habitats.
~' and will not impact a high manatee U~ ~rea (See --
Table 2.6,22,11.
2, A Moderate ranking is qiven to a Site where:
there is adequate water depth and access. nc
impact to a high manetee use area, but there te
an impact to native marine habitat: there is
adeouate water depth, no impact to native marine
habitat, buC impacts a high manetee use area;
and when the water depth is less than four
feet Mean Low Wate~ ~MLW), ~Q impact to native
marine habitat. and no impact to a high manetee
3, A Protected ranking is ~iven to a site where:
there is adecfi]ate water depth and access. but
there is an impact to native marine habitat and
there is an impact to a high manetee use area:
there is not adecn/ate water depth. there..i~
impact to or destruction of native marine
habitat and there is impact to a high mamatee
use area: there is not adequate water depth, no
impact to marine habitat. but there is impact to
a hich manetee use area; or, there is not
adecn3ate depth. there is impact to marine
habitat and no impact to a high manetee use
The exact areas will depend on site specific data
gathered durin~ the site development process
reviews,
K:X)61ATE X X X
~: PI~T[CTEE3 X X X
MIQTECTED X X X
(I) Fo~ ireretire v¶~efetfon ~ ee mereraves,/W ImFmct Is ~fl~ ,s ~ greater th~ 5~ of
Table 2.6.22.1 Marina SAting Criteria
2.6,22.5 Allowable WetSliD Densitie§v
1. Preferred Sites.
New or expanded wet slip marinas and multi-family
facilities shall be allowed at a density of UD to
18 boat SliDS for every 100 feet of shoreline.
Expansion of existina and construction of new dry
storage facilities is allowed. ExDansiOn Of
existina and construction of new boat ramps ~s
allowed.
2. Moderate DeveloPment Sites.
~e~ or expanded vet slidmarinas and multi-family
~acilities shall be allowed at a density of up to
10 boat SliDS for every_ 100 feet of shoreline.
Expansion of existin~ dry storage facilities is
allowed. Construction of n~JF dry storage
facilities is prohibited. Expansion of existin~
boat ramps is allowed. Construction of new boat
ramps is prohibited.
Protected Sites~
New or exoanded wet slid marinas and multi-famll~
facilities shall be allowed at a densit~ of
boat slio for every ZOO feet of shoreline.
EXPanSiOn Of existincr dr~ storage facilities or
construction of new dry storage facilities is
-8-
prohibited. Expansion of e~iSt~ng bOat_ramps or
construction of new bQa~ ramps is prohibited,
2.6.22,6 Mtttqatiom
If a potential boat facility site iS ranked as
moderate or protected because of its proximity to a
high use manetee area, its ran~ng can be increased
if Slow Speed zones are established that account
for a sicmilitant portion of the expected travel
route of the boats usina the proposed facilitY. IR
that case. the mamatee criteria im the three way
test (See Table 2.6.22.1} would not affect the
~utcome of the rankina. If such Slow SPeed zones
are not eMistinc. the County may establish. with
DEP aDDrOVe1. additional Slow Speed zones in order
to miticate the DTODOSed additional boat traffic.
2,6.22.7 Implementation. This retina system does not
mreclude the existthe zontna and density
re_~ulattons required by the current Collier County
Land Development Code (LDC). This system shall be
used to determine the allowable maximum Dower~at
wetsliD densities within future marina sites for
the purpose of manetee protection. These criteria
will be aPPlied at the appropriate moi~t in the
County permittime process.
Exemption. Existina facilities and facilities
which had State or Federal permits prior to
adoption of the County Manetee Protection Plan
shall be exempt from these provisions. but will be
~ub~ect to all other recuirements of the LDQ,
ORIGIN: Current Planning
AU~OR~ Ronald F. Nino, AIC~
~' Senior Project Planner
DE~ARTMENT~ Planning Services Department
LDC PAGEI LDC 3-27 and 28
LDC BECwZIONI Section 3.2, Subdivision Regulations
C~J~NGEz To authorize concurrent review of a Site Development
Plan with a Preliminary or Final Subdivision Plat and where
applicable and to allow approval of a Site Development Plan where
the application of a Preliminary or Final Plat is not required.
RFJ&SONz Sere is no reason why an application for Site
Development Plan approval should not be made concurrently with an
application for a Preliminary or Final Plat approval. me more
important relationship is the timing of approvals as opposed to
the review process. Furthermore in most cases a Preliminary or
Final Plat is irrelevant and provision should therefore be made to
so indicate.
FISCAL & OPERATIONAL I]fPACTS, None.
RELATED CODES OR REGUT~TIONSZ None.
~unend Section 3.2.7.3.4 as follows:
Relationship to Site Develooment Plans. Anything
contained elsewhere in this Code to the contrary
notwithstanding, ~ea major final or minor site
development plan sh=ll may be accepted for concurrent
review 1~ witha preliminary subdivision plan
al~, ~hQll withheld until the
paLeliminarv Subdivision Plat is ADDroved 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
F~L~SL~~ th= fin---I -"~"~-~---~--however. no
certificate of oCcupancY Will be issued until the Dlat
Amend Section 3.2.7.3.5 as follows:
~onshiD to Zoning and Planned Unit Developments.
Anything contained elsewhere in this Code to the
contrary notwithstanding, no preliminary subdivision
Words ~ are added, words e~ht-ough are deleted
-1-
____ m
%e~ ,m
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 develo~ent application and the preliminar~
subdivision plat may be processed concurrently at the
~Titten request of the applicant to the Development
Services Director.
3.2 SU3DIVISION REGUl~TIONS/RFN/md/6/30/95
Words underlined are added, words =~.ruck t~ are deleted
-2-
ORIGIN: Staff
A~THOR= Thomas E. Kuck, P.E., Engineering Review' "
Services Manager - John Houldsworth
DEPAaTMENT~ Development Services
LDC PAGE~ LDC 3-63 and 64,LDC 3-17, LDCC-4, 5 and 6
LDC/ECTIONI Section 3.2.9.2.12, 3.2.6.3.4, Appendix C
C~ANQE~ Delete signature block for Development
Services Director, Utilities Engineering Director and
Environmental Health DIrector. Update Surveyors
Certification and Project Plan Review signature block.
Add additional dedication statements.
RE~SON; To streamline approval process for subdivision
plate. Update surveyor's certification reference from
Chapter 21hrH-6 tO 61G17-6. Revise Project Plan Review
signature to Engineering Review Services Manager.
Needed to provide additional dedication paragraphs for
when applicable.
FISCAL & OPERATIONAL IMPACTSt None to Collier County.
RELATED CODES OR REGULATIONB1 None
3.2.6.3.4. Recordation of final subdivision plat.
~.2.S.~.~.~.=.~4)9. After approval for recordtn~ by the
Board. but prior to recordation of
the final subdivision olat, the
Development Services AdministratOr
may approve of minor or
insubstantial chan~es to the final
3.2.9.2.12 Certification and approvals.
3.2.9.2.12 ~v =1gnztur= block f=: ~:vcl;pme~%
ee~vd/~Ms-dtr;ctor. ~c plzt =h:ll
..... z_ the =pprov=l cmd the
e4~lnaturc block of--t-he-d~
zcrviccs ~irccto~
words underlined are added, words e~:~aek-~~ are deleted , -1-
3.2.9.2.12 r~rS. Signature block for dlrcctcr c~
cnvlron~cnt:l hcalth, utilities
~. en931~.ccTing director and county
attorney. The plat shall contain
the approval and signature block
h:alt,~:~artmcnt, u~illt.ic=
e~.~In::Ti=~ ~Ir:=tor, =nd =I:: for
the county attorney.
3.2.9.12. ~r6. Certification of title. a title
certification shall be submitted
with the plat. The title
certification shall state or
describe: (1) that the lands as
described and shown on the pla~ are
in the name, and record ~ttle is
held by the person, persons or
organization exerting the
dedication, (2) tha~ all taxes have
been paid on said lands, (3) all
mo~gages on the land and indicate
the official rncord book and page
nu~er of each mo~gage. ~e title
certification shall be an opinion
an attorney at law licensed
Florida, or other on=try approved
under F.5. ~ 177,041.
3.2.9.2.12 ~ Inst~ment prepared by. The name,
street and mailing address of the
natural person who prepared the plat
shall be sh~ on each sheen. The
name and address shall be in
statemen~ fom consisting of the
words, "~ts tnst~men= vas prepared
~ (name), (sddress)."
Appendix C - Page LDCC:3
I= is hereby certified tha~ the
preparation of this plat was based
on a bounda~ su~ey of the property
made by me or under my supe~iston
as provided in Chapter ~
61G17-6, Florida Administrative
Code, and in ~apter 472, Florida
Statutes and tha~ the survey data
complies with all of the
requirements of Chapter 177, Florida
Statutes. Pemanen= reference
Words ~ are added, words e~ are deleted
-2-
monuments will be set prior to the
recording of this plat and permanent
.~. control points will be set within
two months after the completion of ':'
required improvements.
Appendix C - Page LDCC:4
REVIEW SERVIC=S
This Plat approved by the Clt=
Enaineerin~ Review Services Section
of the Community Development
~ of Collier County, Florida
this day of ,
19 A.D.
Enuin~ering Review Services Manager
and
~cll= =r individual =~J=gc =yztam:
DEDICATIONS
6, Private roadways shall be dedicated
~o a Homeowner~s Association with
~b~ responsibility for maintenance.
Words underlined are added, words ~ are deleted
-3-
7. P3a~ina~e easements shall be
dedicated toe Homeowner's
Association with the resoonsibilitv
for maintenance. and to Collier
County with no resoonsibilitVfOr
8, To Florida Power and ~i~ht. United
Telephone Services. and any
cablevision mrovider. the shared use
of tract R ~Roadwav TraCtl as shown
on the Dlat as a utility easement
for the ourDose of installation and
maintenance of their resDective
facilities. provided all uses by
such utility proriders shall be
subject to and not inconsistent with
use by Collier County or the Collier
County Water- Sewer District aS a
WAIVER & RELEASE NOTE:
On · 19 (~h~
owner) ex~eutinc the dedication. the holders of apparent
record title or interests ex"0_resslv waived and released
the County from any future claims of vested rtchts ann
equitable estomDel mertatnin_~ to the issuance of~
Certificate of Public FacilitF Adecuacv in Dccorda~Ce
with Collier County Ordinance No. 93-82.
TK/md/14143
Words ~ are added, words =truck=thr¢a~h are deleted
ORIGIN= Staff
AUTHOR~ Thomas E. Kuck, P.E.
Engineering Review Services Manager
DEPARTME~Tz Development Services
LD~ PAQE! 3-59, 3-63, 3-96, 3-97, 6-59, 6-60
LD~ BECTIONI 3.2.9.1.2, 3.2.9.2.9, 3.5.7.1.1, 6.3
aZASONX 3,2.9.1.2 corrects error in language of this
Section of LDC and provides for approval of one year
time extension by Development Services Administrator.
3.2.9.2.9 County Attorney's Office stated this Section
of LDC as previously written was invalid. 3.5.7.1.1 -
6.3 - correcting definition of wsubdlvtston" to be
consistent with Section 177.031 of Florida Statutes.
The 100 feet setback as currently required has no
substantial Justification and in some cases is
contradictory to zoning provisions.
YISCAL & OPERATIONAL IMPACTSt None to Collier County.
The development community and private citizens will
benefit by streamlining review processes.
RELATED CODES OR REGULATIONSt None.
LDC Page 3-63
S,c. 3.2.9.29 Riahts-of-Wav and Easements
All right-of-way and easement widths and
dimensions shall be shown on the plat.
._ _.a .............. · .... ~ l:t "-'---
e~ All lots must have
frontage on a publio or private right-of-
way in conformante with the design
requirement of this Division.
words underlined are added, words e%~,MPa-~agh are deleted
-1-
LDC Page 6-59, 60
Div. 6,...3 Definitions
Subdivision. The division of land,
whether improved or unimproved, into 4~ve
three or more contiguous lots, parcels,
tracts, tiers, blocks, sites, units, or
any other division of land any of which
do not equal or exceed ten acres, for the
purpose, whether immediate or future, of
transfer of owllership or development; or
any division of land if the extension of
an existing street or the establishment
of a new street is involved to provide
access to the land.
Subdivision includes resubdivision, the
division of land into t;c three or more
horizontal condominium parcels or
horizontal cooperative parcels, and the
division or development of residential or
non-residential zoned land, whether by
deed, metes and bounds description,
devise, tntestacy, map, plat, horizontal
condominium parcels, horizontal
cooperative parcels, or other recorded
instrument, and when appropriate to the
context, means the process of subdividing
or to the lands or areas subdivided.
Subdivision does not include the division
of land for conveyance of such land to a
federal, state, county, or municipal
government agency, entity, political
subdivision, or a public utility. (See
division 3.2)
Subdivision, minor: The division of
land, whether improved or unimproved,
into ~c three or more, but less than
ten, contiguous lots or parcels of land,
for the purpose, whether immediate or
future, of transfer of ownership or
development, which does not involve the
extension of an existing street or the
establishment of a new street and does
not involve the extension, creation or
establishment of any improvement
otherwise required in this division 3.2:
provided however, that on-site connection
Words ~ are added, words ~ are deleted
-2-
T
or hookup of any required improvement
shall not be construed as an extension,
creation or establishment of such
improvement. (See division 3.2.)
LDC Page 3-59
3.2.9.1.2. The final subdivision plat shall conform
to the approved preliminary subdivision
plat pursuant to section 3.2.6.3.2 and
shall constitute only that portion of the
approved preliminary subdivision plat
which the applicant proposes to construct
within a finite period not to exceed 36
months, The improvements required by
this division which apply to the final
subdivision plat shall be completed
within 36 months from the date of
approval of the final plat unless prior
to the 36 month construction merto~, ~
written request for an extension in time
not exceeding one Year is aDDlied for and
aDDroved by the Development Services
Administrator or his destanee = ~'rlttcn
applicant shall enter into a construction
and maintenance agreement with the
county, in a form acceptable to the
county attorney, which establishes the
terms and conditions for the construction
and maintenance of the improvements
required during the 36 month construction
period (unless a written extension
request is approved by the board of
county commissioners at the time of final
subdivision plat approval), whether the
final plat is approved only or approved
and recorded with the posting of a
subdivision performance security. This
agreement shall be submitted with the
final plat for review and approval and
executed by all parties at the time of
final plat approval per section
3.2.9.1.3.
Sec. 3.5.7.1.1 e~c h~dTcd Fiftv feet from the right-of-
way line or easement of any existing or
proposed, private or public, street,
road, highway or access easement.
Words underlined are added, words e~~ are deleted
-3-
Exceptions to the above referenced
setbacks may be developed and shall be
subject to final approval by the
development services dJ~Peet~
administrator or his desi~nee. Said
exceptions shall be based upon recognized
standards for traffic engineering and
road design (AASHTO~=Ea~.E~I~Alof
Uniform Minimum Standards for Destan.
Construction and Maintenance rot Streets
and Highways. State of Florida). end shall
incorporate such factors as road
alignment, travel speed, bank slope, road
cross section, and need for barriers.
However, lakes immediately adjacent to "T
intersectionsn shall be located on a
specific design analysts b~ the
appltcant's engineer which provides for
safety and traffic consideration at the
intersection.
~. 2.9.2.9 F~SE~Urr/TK/~d/7/e/95
Words underlined are added, words ee~eek--~broug~ are deleted
-4-
ORIGIN: Current Plannin~
AuThOR: Ronald F. Nino, AICP
Senior Project Planner
DEPART~ENT~ Planning Services Department
LDC PAGE~ LDC6:21
LDC SECTION~ Division 6.3 Definition Dwelling,
Townhouse
CHABG~S To revise definition to provide that a
townhouse dwelling unit may or may not be on a separate
lot.
RZA~ON~ The current definition provides that in a
dwelling, to~nhouse structure each dwelling unit must be
on a separate lot. This requirement doesn't make any
sense and suggests fee r~wnership of each dwelling unit
is part and parcel of what constitutes a type of
housing. The manner of o~nership of the land beneath
the housing structure has nothing to do with the type of
structure definition a series of dwelling units. A
townhouse is traditionally a series of interconnected
dwelling units that are vertically separated from one
another and may or may not include the fee to the land
beneath the dwelling unit.
FISCAL & OPERATIONAL IMPACTS$ None
RELATED CODES OR REGULATIONB$ None
Amend Section 6.3 as follows:
Dwelling, Townhouse: A group of three (3) or more
dwelling unite attached to each other by a common wall
or roof wherein each unit has direct exterior access an
no unit is located above another, and each unit is
completely separated from any other(s) by a rated fire
wall or a fire and sound resistqnt enclosed separation
or space, and wherein each dwelling unit ~e may or may
not be on a separate lot under separate ownership.
6.3 DEFINITION DWELLING/md/6/26/95
Words underlined are added, words e~~h are deleted
-1-
ORIGIN= Current Planning
AUTHOR: Ronald F. Nino, AICP
Senior Project Planner
DEPARTMENT: Planning Services Department
LDC PAGE~ LDC6: Sl
LDC SECTION: Division 6.3 Definition for Setback Line
CE~NUll To correct the word exclusive to Inclusive
because that is what was intended.
REASON: When the definition of the words "setback
line" was last amended It was intended that side and
rear easements would be included in the area of the lot
from which setbacks would be measured. The only
exclusion was to be with respect to easements that
function as a street.
FISCAL & OPERATIONAL I~ACTSf None.
RELATED CODES OR REGULATIONS~ None.
Amend Division 6.3 Definitions as follows:
~: A line marking the minimum open space
distance between a right-of-way line, property line,
bulkhead line, shoreline, access easement line or other
defined location and the beginning point of a required
yard or the buildable area, as this Eand Development
Code may require in the particular case. Setback lines
may be measured from the legal boundary of a lot and are
eMel~e2k~e~nclus~ve of easements with the exception of
easements that comprise a road right-of-way.
DEFINITION SET~ACK/md/6/23/95
Words underlined are added, words :true;: thr,~h are deleted
ORI6INS Staff
Au~u~x Thomas E. Kuck, P.E., Engineering review "
Services Manager
DFPARTMENTx Development SerVices
LDC PAaZx LDC S-3 thru laC B-8
LD~ SECTIONs B Typical Street Sections and
Right-of-Way Design Standards
C~ANaEs Changed the reference to Type III aspbaltic
concrete to Type S. Referenced limerock base to LBR
100.
REASONs Type III asphaltic concrete is not a
structural type pavement, it is primarily used for
overlays. Referencing limerock base to LBR 100 Is
consistent with Florida Department of Transportation
Standard Specifications.
YISCAL & OPERATIOIr~L I]{PACTSs Improved structural
strength of pavement will help reduce future Collier
County's maintenance cost.
RELATED C0DEB OR REGIILATIONSS None.
LDC Pages LDC B-3 thru LDC
Appendix B - Typical Street' Section
Replace 5 typical street sections with revised
street sections attached herewith.
TKK/md/14109 "
woras Underlined are added, words ~eqaejh are deleted
0 0
~;otes;
I. ~hclt;~ concrete sm~ ~ Type 5 ~ ~1
~s opprovea ~y the County ~nt
2, A~phait~c concrete s;~ewo~ mo~ ~
for concrete slCe~oiks w~n ~p~oved by the
one (1') foot w;der thon ~ ~if~a c~rete ~
The asphalt walk s~all ~: I' O~t (fy~ S). ~
~, ~vlot;on from Su~c~ted ~at~ of ;nfrost~ture ~
~e~ces D;recTor.
Collier Co~mty DcvulopmcnL Collier Coul~ty Subdivision. I~CA~
~ Scrvlce~ Dep~rLmenL ~pical Roadway SecLJon
~;ot¢$:
aS a~provca Dy the C~unty ~e~nt
Count~ Oevel~pmcn~ Eng;neer. ~ ~s ~ ~
Gna (1') fo0~ ~;~er trion the spoiled c~rete ~
The GSpnO~t .a~k snoU ~e: i' Qs~lt (T~ S), ~ ~k
bose
s~dewolk/b~kt path sholl b~ sub~ec~ ~G &h~
Collier County Development ] Collier County S~
Scr~cea Department. ~plcal Roadway ~ectmn ,
Uot,~: [linor Collector
I. Aspnelt~c concrete snell ~ Ty~ ~ ~ eq~l
QI Qpprove~ by t~e County ~ve~t
2. AS~hQI[~c COnCrete S~GewQIkS me~ ~
for concrete s~e*~ ~nen Qp~O~d b7 t~
one (1') f~t w;der then t~.e s~iF~ c~c~te
The QSp~GI[ wOl~ thoII ~e: 1' Gsp~ ~e S), ~
bose (prime~),
~n ~u of the 5" b;ke ~ne Qn~ the 4'
4. De~t~n from suggeste~ ~cot~ ol ~lrost~t~e ~
S~eeGIk/b~ke poth shell be subj~t to the
~e~ O;rector. ,,
,, ,, .... :, '" Ser~ces ~partmenL ~[cal R~d~y Section
1. ~phQItic concrele sholl be Type S or
for concrete side.c:~ ~en ~p~o~ by
one (1') foot ~;dcr thon the s~;f~d c~ncrete
~=,, (p.im~). Major Collector
Semices O;rector.
Notes:
for concrete SiCe~olk~ w~fl Op~r~ by t~
one (t') foot ~;eqr t~ ~e S~cif~d concrete
~, Der;or;on from s~g~ested ~ot~ of ~rostructure Or
si~e~olk/b;ke ~th ~ ~ sub~t to the ~e~pment
STATE OF FIX)~ZDA)
COUNTY OF CODLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth
Judicial Circuit, Collier County, Florida, do hereby certify :hat the
foregoing is a true copy
ORDINANCE NO. 95-58
Which was adopted by the Board of County Commissioners on the 1st day
of November, 1995,.during S~ecial Session.
WITNESS myhand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 6th day of November,
1995.I'
...
DWIGHT E. BROCK ...
Clerk of Courts and"Clerk
Ex-officio to Board'of
/l{aureen Kenyon'
Deputy Clerk ; . ·