DSAC Backup 11/04/2009 R
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LDC Amendment Request
ORIGIN: CDES
AUTHOR: John Kelly, Planner
DEPARTMENT: Zoning & Land Development Review
AMENDMENT CYCLE: 2009 Cycle I
LDC PAGE: LDC5:32
LDC SECTION(S): 5,05.05 Automobile Service Stations
CHANGE: Return the minimum yard requirements (setbacks), as provided within the
table of site design requirements, applies to all structures -- principal and accessory,
REASON: Scrivener's error. During re-codification of the LDC, language pertaining
to said regulation was inadvertently omitted. Section 2.6.28.1 of Collier County Land
Development Code (Ordinance No. 91-102).
FISCAL & OPERATIONAL IMPACTS: It has been staff practice to apply the
setbacks tor accessory structures as same as the principal structure (SPS).
RELATED COOES OR REGULATIONS: ]\,(lne
GROWTH MANAG.:MENT PLAN IMPACT: None.
OTHER NOTES/VERSION DATE: Created June 25, 2009. Revised August 23,
2009, October 27, 2009
Amend the LDC as follows:
5,05,05 Automobile Service Stations
A. The purpose of this section is to ensure that automobile service stations do not
adversely impact adjacent land uses, especially residential land uses. The high
levels of traffic, glare, and intensity of use associated with service stations,
particularly those open twenty-four (24) hours, may be incompatible with
surrounding uses, especially residential uses. Therefore, in the interest of
protecting the health, safety, and general welfare of the public, the following
regulations shall apply to the location, layout, drainage, operation, landscaping,
parking, and permitted sales and service activities of automobile service stations.
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B. Table of site design requirements:
TABLE INSET:
Site
Standards
lMinimum lot area (sq. ft.) 30,000
Minimum lot width (1\.) 150
Minimum lot depth (Il.) 180
~eparation from adjacent automobile service stations (1\.) (based on 500
~istance between nearest points)
Minimum setbacks all structures:
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~'ront yard 50
Side yard 40
~ear ~ard 40
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ZONING
~ 2.6.28.1
lillr COWlty. Such instrument shall be binding upon the owner, developer,
his successors, and assigns, and shall constitute a covenant running with
the land, and be in recordable form..
2.6.27.4.6. Additional reduction to development standarda for common architectural
theme projects. Additional reduction to the development standards provided at
sections 2.6.27.4.2, 2.6.27.4.3, 2.6.27.4.4 and 2.6.27.4.5 may be approved by the
Collier County planning commission for projects defined as common architec-
tural theme projects. III determining whether or not a project qualifies as a
common IlI'chitectural theme project the board of commissioners shall detel'"
lDine that all ofthe lollowing design features are incorporated into the project:
1. The architectural style ofthe dwelling units/structures shall be similar in
design and in the use of materials and color.
2. The residential project shall have a signature entranceway which serves
to identify the development 81; having a common architectural theme. The
entranceway design and improvement elements shall include some or all
of the following: the use of landscape materials, gated structure, water
feutures, sculptun' and ornam(mtal pavement ;lunaces.
3. Street materials, signage, land] lighting shall he complementary and the
same throughout the project's accesawll.Ys.
(Ord. No. 92-73, I} 2)
Sec. 2.6.28. Automobile service stations.
The following regulations apply to the location, layout, drainage, operation, fencing, landscap-
ing, parking, architectural features, ann permitted sales and service activities of automobile
service stations which include convenience grocery stores selling motor fuels:
Purpose and intent. The purpol;e of this section is to ellBure that automobile service stations do
not adversely impact adjacent land uses, especially residential land uses. The high levels of
traffic, glare, and intensity of use uOIsociated with service stations, particularly those open 24
hours, may be incompatible with surrounding uses, especially residential uses. Therefore, in
the interest of protecting the health, safety and general welfare of the public, the follOwing
regulations shall apply to the location, layout, drainage, operation, landscaping, parking and
permitted sales and service activities of automobile service stations:
2.6.28.1.
Locational and site standards. AJl automobile service stations shall meet the
following criteria:
1. Minimum frontage: An automobile service station shall not be located on
a lot with less than 150 feet of frontage on a vehicular right-or-way.
2. Minimum depth: 180 feet.
3 Minimum lot or parcel area: ao,ooo square feet
Supp. No.8 LDC2:201
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~ 2.6.28.1 COLLIER COtiNTY LAND mNELOPMENT CODE
4 Sepfl.ratioll requirements: There shall he a minimum distance of 500 feet.
shortest airline measurement, between the nearest points on any lot or
parcel orland to be occupied by automobile service stations, and any lot or
parcel which is already occupied by an automobile service station. or for
which a building permit has been issued.
5. Minimum yard requirements: All structures.
(a) Front yard setback: 50 feet.
(b) Side yard setback: 40 feet.
(c) Rear yard setback: 40 feet.
6. Parking /'I'quirements: /u; rnquired by Division 2.3 Off-Street Parking and
Loading
7 Architectural design: A.~ required by Division 2.1:1 Architectural and Site
Design Standards and Guidelines for Commercial Buildings and Prqjects.
8. Landscaping: The following land!lcape requirements are in addition to the
requirements of Division 2.4 Landscaping and Buffering.
a. Required Ifmdlll:aping adjacent to property bowldaries:
(1) Right-of~way buffer landscaping'
(a) Landscaping adjacent to rights-of-way external to the
development pmject shall be located within a landscape
buffer eRSeImmt which is a minimum of 25 feet in width.
Water management swales shall not be located within
these buffer areas, however, water management facilities
such as underground piping shall be permitted.
(b) An undulating bem with a maximum slope of3:1 shall be
coniJtructed along the entire length of the landscape
buffer. The benH shall be constructed and maintained at a
minimum average height of three feet. The berm shall be
planted with ground cover (other than grass), shrubs,
hedges, trees and palms.
(c) The rl:!quired trees and palms shall be clustered in double
rows with a minimum of three trees per cluster. Canopy
trees shall be planted a maximum of 20 feet on center
within a cluster. The use of palms within the right-of-way
buffer shall be limited to landscaped areas adjacent to
vehicular access points. Palms shall be planted in stag-
gered heights, a minimum of three palms per cluster,
spaced at a maxhnwn of eight feet on center, with a
minimum of a four foot difference in height between each
tree. Exceptions will be made for Roystonea spp. and
Phoenix epp. (not including roebelenii) which may be
Supp. No.8 LDC2:202
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LDC Amendmcnt RCQuest
ORIGIN:
BCC Directed,
AUTHOR:
Staff
DEPARTMENT:
CDES -- Department of Zoning and Land Development Review
AMENDMENT CYCLE: 2009 Cycle I
LDC PAGE:
LDC SECTION(S): 2,03.01 Agricultural Zoning Districts
5,04,05 Temporary Events
CHANGE: Provides allowance for youth actively engaged with 4-1-1 and other similar youth
development programs who reside within Golden Gate Estatcs to obtain a 16-week Temporary
Use Permit for the purpose of raising up to 2 hogs I(,r presentation at the annual Collier County
Fair.
REASON: At the November 23, 1999, HCC hearing a motion was made by Commissioner
Barbara Berry directing staff 10 develop a Temporary Use Permit (TUP) for the above described
use and to provide any I.DC options that might he available. An executive summary was drafted
proposing an LDC amendment '"to allo" youth residing in the Estates to raise hogs (on a
temporary basis) for presentation at the Collier County Fair..." This cxeeutive Summary also
stated that the Code allowed the Hoard to approve an 8-week TUP and recommended 2 hogs per
family on lots greater than 1.25 acres. Minutes of the December 14, 1999, BCC hearing reveal
item 8,A.2 proposing the TUP was approved as a one-time allowance, pending an LDC
amendment. Staff has been unable to locate any records evidencing such a LDC amendment and
is of the opinion this issue needs to be resolved.
Staff believes that as prohibitions against hogs presently exist within residential zoning areas that
the best means for allowing said hogs is hy means of a TUP, Said TUP would require evidence
of affiliation with 4-H youth programs. provide criteria pertaining to the feeding and housing of
the hogs, stipulate the duration and purpose and provide a mechanism for revocation should the
animals become a nuisance.
FISCAL & OPERATIONAL IMPACTS: Staff recommends that the fee for this TUP be a cost
that can be absorbed by the applicant. youth engaged in farming activities, not to exceed $5,00,
This minimal fee will defray staff costs and allo" the applicant to become familiar with the
governmental regulation and controls inherent to business operations. It is expected that this fee
will be passed on to the consumer upon sale of the hogs at the County Fair, at which time the
TUP will also become void.
RELATED CODES OH HEGlfLATlONS:
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GROWTH MANAGEM!<:NT PLAN IMPACT: None.
OTHER NOTES/YERSION DATE: Revised per DSAC on 10/28/2009.
Amend the LDC as follows:
2.03,01 Agricultural Zoning Districts.
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B. Estate District (E), The purpose and intent of the estates district (E) is to provide lands
for low density residential development in a semi-rural to rural environment, with limited
agricultural activities. In addition to low density residential development with limited
agricultural activities, the E district is also designed to accommodate as conditional
uses, development that provides services for and is compatible with the low density
residential, semi-rural and rural character of the E district. The E district corresponds to
and implements the estates land use designation on the future land use map of the
Collier County GMP, although, in limited instances, it may occur outside of the estates
land use designation. The maximum density permissible in the E district shall be
consistent with and not exceed the density permissible or permitted under the estates
district of the future land use element of the Collier County GMP as provided under the
Golden Gate Master Plan.
1. The following subsections identify the uses that are permissible by right and the
uses that are allowable as accessory or conditional uses in the estates district
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b. Accessory Uses
1 Uses and structures that are accessory and incidental to uses
permitted as of right in the (E) district.
2. Field crops raised for the consumption by persons residing on the
premises.
3. Keeping of fowl or poultry, not to exceed 25 in total number,
provided such fowl or poultry are kept in an enclosure located a
minimum of 30 feet from any lot line, and a minimum of 100 feet
from any residence on an adjacent parcel of land.
4 Keeping of horses and livestock (except for hogs), not to exceed
two such animals for each acre, and with no open feedlots. Any
roofed structure for the shelter and feeding of such animals shall
be a minimum of 30 feet from any lot line and a minimum of 100
feet from any residence on an adjacent parcel of land.
a. On lots/parcels of 1.25 acres and qreater, section :5 04 0,;
provides for the issuance of a 16-week temporarv use
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permit (TUP) to keep a maximum of 2 hOQS while enQaQed
in a bona fide 4-H youth development prOQram.
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5.04.00 TEMPORARY USES AND STRUCTURES
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5,04.05 Temporary Events
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D. Temoorary Uses, not elsewhere classified At the direction of the BCC, the County mav
from time to time, be called upon to allow certain uses for specific periods of time. After
public hearinQ, the Countv ManaQer or desiQnee mav issue a T emporarv Use Permit
upon receipt of satisfactorv evidence that all stipulations and/or requirements have been
satisfied.
1. 4-H Youth Development ProQrams and similar youth development proQrams. A
non-renewable 16-week permit mav be issued to allow for the keepinQ of UP to 2
hOQs, on Estates zoned property of 1.25 acres or qreater, in preparation for
showinQ and sale at the annual Collier Countv Fair.
a. Pastures shall be fenced and maintained. Any roofed structure used for
the shelterinQ, feedinQ or confinement of such animals shall be setback
a minimum of 30 feet from lot lines and a minimum of 100 feet from any
residence on an adiacent parcel of land.
b. Structures, as described above, shall be maintained in a clean, healthful.
and sanitarv condition.
c. Once removed for showinQ and sale, the hOQ(s) shall not be returned to
the propertv.
d. This permit may be revoked with cause.
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LDC Amendment Request
ORIGIN:
CDES
AUTHOR:
Leslie Persia, Senior Planner, and David Weeks, AICP, Planning
Manager
DEPARTMENT: Comprehensive Planning
AMENDMENT CYCLE: 2009, Cycle I
LDC PAGE:
LDC2:86.21
(supplement 5)
LDC SECTION(S):
2.03.07 Overlay Zoning Districts
CHANGE: Amend Subsection 2.03.7.D, Special Treatment Overlay (ST), to extend the
time period for the early entry Transfer of Development Rights (TDR) bonus credit to reflect
the amendment to the Future Land Use Element of the Growth Management Plan (GMP)
adopted on October 14, 2008. The possibly confusing dates - or seeming discrepancy in
dates - in, :" this LDC provision is due to the time differential between the LDC
amendment to first add the TDR provision and the subsequent amendment to add the early
entry bonus.
REASON: To bring the LDC into conformance with the Future Land Use Element of the
OMP; more specifically, the Agricultural/Rural designation, Rural Fringe Mixed Use
District, Sending Lands, Early Entry TDR Bonus provision,
FISCAL & OPERATIONAL IMPACTS:
None.
RELATED CODES OR REGULATIONS: Future Land Use Element of the GMP,
GROWTH MANAGEMENT PLAN IMPACT: This I.DC amendment will bring the
overlay into conformance with the GMP provision that it implements.
OTHER NOTESIY.:RSION I>A TE: 7/ /2009
Amend the LDC as follows:
. . . . . . . . . . . . .
2,03,07 Overlay Zoning Districts
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D, Special Treatment Overlay (ST)
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4, Transfer of development Rights (TOR)
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c, TOR credits from RFMU sending lands: General Provisions
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iL Creation of TOR Bonus credits
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Early Entry Bonus credits. Early Entry Bonus credits shall be
generated at a rate of 1 additional credit for each TOR credit that is
severed from RFMU sending land for the period from March 5, 2004
~ until March 27, 2012 #\ree-y"Yc' ',iL.'Pl'.)[1 of this
. Early Entry Bonus credits shall cease to be generated after
the termination of this early entry bonus period. However, Early Entry
Bonus credits may continue to be used to increase density in RFMU
and non-RFMU Receiving Lands after the termination of the Early
Entry Bonus period
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TDr, credits and the
TOR
lDR
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t;'^!FMU sending lands
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,n," a TOR
crndlt:s i'\ obt'llncd from the
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thiS
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iil;T <idK uf n-IIS
;/ lflF: TOR
lOR credits
:t'\! Bonus
TOR credits
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LDC Amendment Reuuest
ORIGIN: Scrivener's Error from Ordinance No, 08-11
AUTHOR: Catherine Fabaeher. ^ICI'
DEPARTMENT:
Zoning & Land Development Review
AMENDMENT CYCLE: 2009 Cycle I
LDC PAGE: LDC2: I: and on.
LDC SECTION(S): 2.04,00 Permissible, Conditional and Accessory Uses in Zoning
Districts
2,04,01 Rules for Interpretation of Uses
2,04,02 Effect of Approvals Under the Zoning Reevaluation
Ordinance
2.04.03 Table of Land Uses in Each Zoning District
4,02,02 Oimensional Standards for Conditional Uses and Accessory
lJses in Base Zoning Districts
4,02,29 Same---Farm Market Overlay Subdistrict
CHANGE: Strike various provisions from the LDC which were duplicated when Ordinance
No, 08-11 was adopted. The permined, accessory, conditional and prohibited uses were
converted back from the table form, developed under the re-coditication, to the original lists of
permitted, accessory, conditional and prohibited uses, as they appeared in the old code. In
addition, the lists were brought up to date by including the subsequent LDC Amendment
changes,
REASON: Scrivener's errors Irom Ordinance No. OS-II.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: Ordinance No. OS-II
GROWTH MANAGEMENT PLAN IMPACT: None
OTHER NOTES/VERS10N DATE: Created November 4, 200S.
Revised October 2S, 2009.
Amend the LDC as follows:
2.03.00 Zoning Districts; Permitted Uses, Accessory Uses, and Conditional Uses,
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2.03,01
2,03,02
2.03.03
2.03.04
2.03.05
2.03.06
2.03,07
2.03.08
2.03.09
2.03.10
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Agricultural Zoning Districts
Residential Zoning Districts
Commercial Zoning Districts
Industrial Zoning Districts
Civic and Institutional Zoning Districts
Planned Unit Development Districts
Overlay Zoning Districts
Rural Fringe Zoning Districts
Open Space Zoning Districts
Districts Under Moratorium [Reserved]
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2,04.00 Permissillle, CORl:litional, and Assessory Uses in Zoning Oistrists Reserved
2.Q~.Q1 Rules for Intor~retation of Uses
2.0~.Q2 Effect of A~~rovals Unser the Zonin" Roovaluation Ordinanco
2.0~.QJ Tallie of LanslJsos ffi-Eacl>~QistfIGt
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2,04.00 Reserved
[Now subsection 2.03.01 A, Ord. 08-11 page 6]
2.0~ .01 Rules for Interpretation of Uses
In any zoning district, where tRe list of ~ormitted and sonditioRal uses contains
IRe ~Rraso "any othor uso 'Nhich is cOR'l~arallle in naturo witR tRe foregoing ucos ans is
ssnsistsnt '....ith the porR'littos usos and pur~ose and intent statemont of the sistrict" or any
similar phrase which provides for a use which is not clearly defined or descrilles in tRe list of
~ermittes ans sonditisnal uses,-wAiGIl- roEluiros the discretion of the County Mana"er or
sesi"Aso as to 't/RetRor or not It IS ~ermillod In the sistrisl, then the sotermination of whether or
not that use is ~ermitted ffi-.tAe..district shall.-be--maG& throu"h tho ~rosess outlined in sostion
1.QG.QQ, inter~retations,-ef.tfIi&-L.QG
[Now subsection 2.03.01 B, Ord. 08-11 page 7]
2.0~ .02 15ffest of Approvals Under the Zoning Reevaluation Ordinanse
Any use or strusture tRat has seen "ranted a sompatillility oxce~tion, an exem~tion, or
vostod rights pursuant to tho Collior County Zonin" Reevaluation Orsinance, Orsinance No. 90
2J (1990), shall bo a permillod ~tho zoning dictrict in which it ic located to the oxtont of its
a~wo\'es maxiR'lum density or IDtonsity of uso and to tho oxtont that it remains offectivo. :Ouch
use er strusture chall nO'/ortholess complywith--all- otRer reEluirements ans re"ulations of tho
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4.02.02 Dimensional Standards for Conditional Uses and Accessory Uses in Base
Zoning Districts
A. GC District [RESERVEDl
[See subsection 2.03.09 A.1.b; Ord. 08-11 pages 128 & 129]
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4-c .^.ccessory ~ses Pro shops with eq~ipment calec are allowaBle, pro'/iaea tl1at
tho shops aro no moro than 1,000 square foot in sizo; resta~raRts witl1 a soatin!j
sa~clGity-Gf~-seat;;'*~ af&allo'NaBle,.provided that the 110urs of o~eration
are no later tl1at 1 0:00 ~m
[See subsection 2.03.09 A.1.c; Ord. 08.11 page 129]
b Conaitional ~ses. Commercial establishments oriontea to the permittea ~ses of
tl1e aistrict including gift shops; pro shops with oquipment sales in exsess of
1,(lO(l square foot; resta~rants with seating capacity groater than Hi(l seats;
cocktailloungos, and similar usos, primarily intendea to serve patrons of the !jolf
courso.
B. A District [RESERVEDl
4-c ,^,ccessory uses:
[See subsection 2.03.01 A.1.b.4; Ord. 08.11 page 9]
a Packin!jl1o~se .-Bf-. similar agricultural processin!j of farm proa~cts
prod~cod on tl10 ~ro~erty sueject to tl1e follo'llin!j restrictions:
til Agricultural packing, processing or similar facilities sl1all be
locatod on a major or minor arterial street, or sl1all l1ave access
ID-.af>- arterial street by a p~elic street that aoos not ab~t
properties zoned RSF 1, RSF 6, RMF 6, RMF 12, RMF 16, RT,
VR, MH, T+RVG and PUD or residentially ~sed.
W A.oo#a .yam-.ffi-f1ei loss than 150 foot in widtl1 shall ee provided
aloo1f~' boundary--al-4R& site which ab~ts any resiaeRtially
zooed. or used pro~ert'f, and shall contain an alternative 8 typo
b~fferas definod within section 10600 of this LDC. Such b~ffer
and B~ffer yara shall bo in lieu of front, side, or rear yards on tl1at
portion of the lot which ab~ts those aistricts ana ~ses iaentiliea in
section 2.0301 (/\).
fiii1 The facility shall omit no obnoxio~s, toxic, or corrosive a~st, dirt,
fumes., vapors, or gasos which can cause damago to human
hoalth, to animals or '/ogetation, or to other forms of proporty
be'fend tho lot line of tho uso creating tl1e emission.
[See subsection 2.03.01 A.1.b.5; Ord. 08-11 page 9]
b, Excavation and relatod precessin!j ana proa~ction s~9ject to tRe folle.....iR!j
critoria;
-fit Tho activity is cloarly incidental to tl1e a!jric~lt~ral aevelOllmeRt of
tho property.
W Tho affectod (Hoa is within a surface water mana!jement system
foca9riGult~raH.&e<ls permillod by the SFWMD.
fiii1 The amount of oxcavated material romo'/ea frem the site Gannot
oxcood 1,000 wblG-yaffi&- /\mounts in oxcoss of 1 ,000 c~bic
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yards shall requiro conditional use approval for eartl1mining,
pursuant to tho proced~res and conE!ilions set fortl1 in Cl1a~ter 10.
&. Conditional uses Lot area requirements:
[See subsection 2.03.01 A.1.c.24.i; Ord. 08-11 page 14]
Animal broeding,~~~ stabling, or kannaling 20 acros
[See subsection 2.03.01 A.1.c.22.ii; Ord. 08-11 page 12]
/\Sl3halt plants ~-- -~-- ~~ ~- ---~--------~ 10 acms
[See subsection 2.03.01 A.1.c.25.i; Ord. 08-11 page 14]
Commercial prod~ction, raising or BroeE!ing of exotic 20 acres
animals, other than animals typically used for agric~lt~ral
l3~rl30Ses or production'
[See subsection 2.03.01 A.1.c.24.ii; Ord. 08-11 page 14]
Dairy 20 acres
[See subsection 2.03.01 A.1.c.24.iil; Ord. 08-11 page 14]
LivOEltock raising 20 acres
[See subsection 2.03.01 A.1.c.24.v; Ord. 08-11 page 14]
Poultry and egg ~roEluction 20 acros
[See subsection 2.03.01 A.1.c.6.i; Ord. 08-11 page 11]
Raptile breeE!ing anE! raising (non venomous)' 20 acres
[See subsection 2.03.01 A.1.c.6.i and A.1.c.25; Ord. 08-11 pages 11 & 14, respectively]
" Roofod str~ct~res shall bo a minim~m of 100 feet from any property line.
~ Conditional ~ses Design req~irements:
[See subsection 2.03.01 A1.c.22; Ord. 08-11 page 12]
a- ^sphalticaAG~ batch making plants:
f+) PrlflGlflffi access4lall-ee- from a street dosignateE! collector er
~~GlaGsification.
W Raw materials storage, ~Iant location anEl general el3eratiens
around the plant shall net be lecateE! er conE!~cteE! witl1in 100 feet
of any oxtarior boundary.
\#it Tha heigl1t of raw material storago facilities sl1all net exceeEl a
height of fifly.(50) feot.
fiv1 Hours of operation shall bo limited to two (2) l1e~rs Before s~Rrise
lG sunsot.
M Tho mlRiRwm setBack from the princil3al reaE! frontago shall Be
150 faot fDr eporational wcilitias and seventy ~\'o (75) foet for
supporting administrative officos aAEl asseciateEl ~arkiRg.
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(vi1 AA-.. oarthon berm achioving a vertisi31 hei!3ht ef eight foet or
eq~ivi3lent vO!3oli3tive screen with 81!}Rty (80) ~ereent o~i3Gity ene
(1) yem i3lter issuance of certilici3te ef oGc~~anGY sRall ee
constructed or created around the ontire porimetor of the pro~erty.
fvii} The ~1i3nt shall not be locatod within the Greenline I'.rea of
Consern for tho Flom:li3 Stato Pmk System as estaelisRee ey tho
DO~i3rtment of Environmental Protoction (DEP); witRin tRe /\rea of
Critical State Consern i3S ee~istee on tho F~t~re Lane Use Ma~
GMP; within 1,000 feot of a nat~ral reservatien; er within any
Ce~nty, State er feaeral jurisdictioni31 wetlands.
[See subsection 2.03.01 A.1.c.23; Ord. 08-11 pages 13 & 14]
&- Te~r oporations, such as, but net limited to aireoats, swam~ buggies,
horses, and similm modes '''*-transportatien, SRi311 be s~ejoct to tRe
lollowing €.ffiefia
fit Pormits or letters of exemptien from tRe U.S. !'.rmy Cer~s ef
Enginoers, tho Florida DE", and tho SFWMD sRal1 ee Jlresentee
l&- the Co~nty Manager er eesignee ~rier te Bile development
Jllan approval
W The petitioner shall }lost the JlroJlerty i3lon!} tRe entire JlroJlerty line
with no..trespi3ssing signs i3PJlfOximi3tely every :lOa yards.
\#it TRe potitionor Bhi311 utilizo only trails ieentifiee and i3~Jlre'"ee en
tho sito develaJlment Jllan Any Olfistin!} trails BRi311 ee ~Iilized
befaf&tRe establisRment of new trails.
fiv1 Motor vohicleB BRal1 bo eq~iJlJloe '....ith en!}ines wRish insl~ee sJlark
affe6tors and m~lflers desi!}nee to reduce noise.
M +Ae-maximum sizo of any veRicle, tRe n~meer of "eRisles, and tRe
~ of any vohicle shi311 bo eotormiRee by the
00affi of zoning appeals d~riRg tho Genditionalllse JlfOGess.
(vi1 Metor '/ehislos shall be ~ermitled to o~erate e~rin!3 eayli!3Rt Re~rs
wltiGR--mei3ns, one (1) hour alter s~nrise to one (1) Re~r eelere
SHHSel.
fvii} Molostation of 'Nildlife, insluding leoein!}, shall be JlfORieitee.
1St Vohiclos BRi311 com~ly with sti3te i3na Unitea States Coast G~ara
fegulatlons, if applicaele.
[See subsection 2.03.01 B.1.c.7; Ord. 08.11 page 17)
C. E District. rRESERVED1-~aGl+en or ei3rthmining, i3nd roli3tee Jlroc06sin!} ane
Jlroe~stion not insidontal.to thedevelol'ment of tho..property, mi3Y be Jlermissiele i3S i3
Gllnditianalllse wRere tho site mOi3 dooB not excoee twenty (20) i3cres.
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G. C-1 District. rRESERVED]
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[See subsection 2.03.03 A.1.c.11; Ord. 08-11 page 38]
~ CeRllitieRal Ilse Mixes ~se reslsontial and oommereial use, s~9jOGt to tRO
following
ao Tho commercial uws in the de'lelepment may be limited in Ro~rs of
oporation, size of dolivery truGks, and type of equipment;
b, The resisontial uses mo designod so that tRey are compatiele witR tRe
commorcial uscm;
Go Residential d.....elling Ilnits are 10Gates aeove priRsipalllses;
~ RosiElential aflG-wmmerGial usos do not OGG~F>Y the same floor of a
e~ilding.
e., Tho numbor of rosidontial dwelliR!! IlRits sRall be controlloEl ey tRe
dimonsional standards of the ~nElorlying district, together \VitR tRe sF>eGi~o
req~iremont that-ffi no instanGe shall the residential usos eXGeeEl lifty
(51%) percent of the gross fleer area of tho ellildiRg.
f, BllildiRg Rei!!Rt may not oxoeeEl h\'o (2) stories.
!r. Eaoh resisontial dwelliR!! IlRit sRall Gontain the lello'sin!j minim~m fleer
areas; efficioncy and one bodroom, 450 squaro !eot; two eoElreom, aliO
square loot; threo eeElroom, gOO square feet.
It A-minimum of thirty (30) porcont of the mixeEl ~se developmeRt sRall ee
maintained as epeR spaGe. The lellowin!j may ee ~seEl to satisly tRe
open spase roqUlroments aroas used to satisly water mana!jement
roquirements, landscapod aroas, rocreation areas, or seteask areas not
cO'lereEl wAA-jmperviolls sllrfase or -00 lor pmking (f3arkin!jlot islanEls
may not w-ll&eGlffiless oxiGting nativeve!jetation is maintainoEl).
i- Tho mixed commercial/residential strllctllre shall be designed to
enhance compatibility of the oommercial anEl resiElential ~ses tRro~!jR
such moasuroG-ilS, but not limitod to, minimizing noise assoGiateEl witR
commorcial uses; dirocting commercial lighting a.....ay Irom residential
units; and sepmalin!j f3eElestrian anEl vehiG~lar access'l/ays anEl f3arking
moas lrom resiElential ~nits, to tRe greatest extent possiele.
H. C-2 District. [RESERVED]
[See subsection 2,03.01 B,1.b,2; Ord. 08.11 page 43]
~ .^.csessery Ilses Where play moas aro constr~cteEl as an assessery Ilse to a
permlttod uso, tho lollowing conditions sRall apply'
ao ^ minimum five anEl one half (li %) !eot RigR reinferceEl !enso shall ee
installoEl on all sides of the f3lay area whiGh are not of3on to tRO priRsipal
strllstllre;
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&- Ingrose to and ogrose from the play aroa shall 13e maae eFlly from tl1e
priAsipal str"st"re, hewover an emorgency exit from tl1e play area sl1all
be-pro'/idod-wFHGtHIoes-Aet empty into the prinsipal str"st"re.
G., The play equipment shall be set back a minim1JR'l aistaAce of five (5) feet
from the roquirod fenco and from the priAsipal str"sture.
[See subsection 2.03.01 B.1.c.4; Ord. 08-11 page 44]
~ Conditional use. Mixed resiaential and commercial uso, slll3ject to tl1e
follmving:
a., 1\11 stanaaras for the mixea resiaential ana commerGial "se iA the C 1
District.
&- The residential dwelling units shall be restricted to occ"paAcy 13y the
ownors or 1066006 of tho commorcial units bolow.
[See subsection 2.03.01 C.1.c.14; Ord. 08-11 page 51]
I. C-3 District. [RESERVED] Mixoa resldontlal and commercialllse may 13e allowa13le as a
60Flaitional "se, s"13ject te tho somo standards a6 tho mixoa rosiaeAtial ana commercial
"SO in the C 2 District.
[See subsection 2.03.01 E.1.c.4; Ord. 08-11 pages 68 & 69]
J. C-5 District. [RESERVEDl GAikJ..-€lay- caro may be allowable as a 6eFlaitieAal "se,
subjoct to tho following standards:
-1-, All areas and surfaces rea8ily accossible to children shall so freo of toxic
substances and hazardous .materials. This sl1all incl"8e all a8jaceAt aA8 a13l1ltiAg
pFOpertios lying within 500 foot of the 6hila care center's nearest property liAe.
~ It shall not bo locate8 '....ithin 5QQ feet of tl1e noarest property line of laA8 lIses
eAcompassing wholesale storage ef gasoline, liEl"ofie8 petrolellm, gas, ell, or
othor flamma13le liEl"i8S or gases.
;h It shall not 13e lecatod on the same streot customarily utilized by COFlstf1l6tieA
iFlIGk-troffic from asphalt plants and excavatioA EllIarries.
4, It shall havo a miAimum lot area of 20,000 squaro root and a minimum lot '....iath
of 100 roet.
&c It shall pro'/ide a mlDlmum usablo open space of not less than thirty (30) per-eoAt
of tho total square footage-~k>H3fea.,
9, It shall provide that-all- opon spaces to bo usod by chilareFl will be BO"A8e8 BY a
fenco of not less than five (5) root ID height. to be ceAstr"6te8 of '1.'008, R'H:ISOAry,
or other approved material
7-c It shall pro'/lde a landecape buffer in accordance with sectioA 4.Qe.QQ.
lh It shall comply with the 3tate of F'loriaa Departmont of Health and Rehabilitative
Services Day CarD Standards of tho Florida l\dmiAistroti'le Coae.
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~ Where Cl child care conter io fJr8fJooeEl in conjunction with, ClnEl on the OClme
pClrcel Cl&, Cl facility '....hich io Cl fJermitleEl ~oe, tho re~~ir8mento set ferth in
oubpClragraph& 0 through h ooeve, with the exception& ef o~oFlaragmFlhs EI anEl
0, &holl bo uoeEl to proviEle the protection& to childron usin9 the chila CClre center
intended by this soction consistcmt with tho dO'loloFlment of tho Flr8Fleoed
FlermitteEl-HS&
[See subsection 2.03.04 A.1.c.2; Ord. 08-11 pages 77 & 78]
K. I District [RESERVED]
.:t-, Cenditienal ~ses
a, Adult doy €affi, sub)octte-lAo follo'l/in9 roquiromonts:
\fJ ShalJ.-oot-oolec-ate4witfliA 500 foot of tho nOClreot FlroFlerty line of
l:lOd U&06 oncomp3&&ing '....hoI060Ie &torage of 9asoline, 1i~~efjeEl
potroleum, g3S, oil, or other f1ClmmClblo li~~ias er €lases.
W ShClII not bo 10cClted on the SClmo street c~stemarily ~tilizea 01'
construction truck traffic from ClsphCllt plClnts ana excavCltion
quarrios.
fiii1 Sholl ho'lo 0 minimum lot OrelO of 20,000 S~~Clr8 foot ClnEl cl
minimum lot width of 100 loot
fivt Sholl pro'lido 3 minim~m ~sable epeA spase of not loss thCln
thirty (30) porcont of tho totClI squaro footCl90 of tho lot Clrea.
b- Child day~-&ubjoct to tho &amo &tandard& Cl& for the C a aistrict
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4,02,12 Same-Outdoor Storage
[This was to be removed as a scrivener's error as was meant for C~5 zoning districts.
See subsection 2.03.01 E.1.a.120; Ord. 08-11 pages 64 & 65]
Pc, O~taoor storago yaras m3Y be pormicsiblo in tho C 4 district, woviaea thClt the yard is
10catoEl no closer than twonty fivo (25) foot to any public street ClnEl that s~sh yard ShClII
00 somfJletely onclosod, oxcopt for nOCO&S3ry in9r8SS ClnEl e9[8ss, Fl~rs~ant te the
re~~i[8ments of thio LOr> Thi& pro'li&ion &hall not be constr~ea to Clllow, ao Flermittea er
ass9ssery ~se, wrelcking yards, junkYClrd&, or yards ~ooa in whole or Flart fer osraFl or
sal'lage oFlorations or for proco&&ing, &torage, aisFllay,-ef.oalos of any ssraFl, salvage, or
sesondhClnd bllildin9 m3teri31&, j~nk automotive 'Johicle&, or ooconahClnd Cl~tometi'le
vehiclo porto.
[See subsection 2.03.01 E.1.b.3; Ord. 08-11 page 67]
g., VVithin the C 5 di&trict, o~toiae otorage or dioFllay of merchanElise io FlF9hioiteEl within Clny
freAt yard. Temporary disFlIClY of morshClnElise during buoinoss hours is Flermiosiole,
Flreviaea it aoes net ad'lorsoly Clffect fJeElestriCln er vehic~lar traffis er Fl~olis health or
sCllety. MerchClnaiso storage ana aisFllay "hall bo Clllo'llod within the siEle ana rear yards
ef lets
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G-c A. All permitted or conditional uses allowing for outdoor storage, including but not limited
to storage of manufactured products, raw or finished materials, or vehicles other than
vehicle intended for sale or resale, shall be required to screen such storage areas with a
fence, or equivalent landscaping or combination thereof, not less than seven (7) feet in
height above ground level. Said fence or wall shall be opaque in design and made of
masonry, wood, or other materials approved by the County Manager or designee.
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4.02.29 Same-Farm Market Overlay Subdistrict
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[See subsection 2.03.07 G.3.a.3; Ord. 08-11 page 99 & 100]
G-c Outsoor sales of agriswltl,ral Ilreswsts are permittes on improves or unimpmves
proporties providod tho aJ}lllicant submits Cl sito se\'eloJ}ment plan which semonstrates
th13t provisions will be mCldo to Cldo'1uatoly assress the following:
-h Vehicular and pedestrian traffic wfety meClsures
&. Pmking forundovolopodj3fapeffies-'IIill bo cCllculCltod Clt Cl rate of 1/280 square
foot of morchaOOffie-afea-A-m13ximum of ton (10) perGont of the parking re(luires
by soction 4.05.00 of this LOC may bo OGcupiod or otherwise rensems unus13ale
by tho placemont of tompor3ry structures, equiJ}ment, sigAs, ans mereh13Asiso.
The minimum number of disabled parking spasos pursuant te sestion 4.08.07
Sh13lI be requirod.
~ Limitod hours of oper3tion.
4-c Foncing, lighting.
~ Fire protection meClsures.
eo. <ianitClry fClcllitios.
+., The aJ}J}licaAt GhClII pro'/ide Cl notmized letter from the proJ}erly o'....ner granting
permission to utllizo tho subjoct property for 13!lricultural outSoor s13les.
lh Tho plasemont of one (1) sign, a maximum of thirty two (;32) s'1uare feet, or t'....o
(2) such signs for proportios containing moro than ono (1) street froAtage Sh13lI
bo J}ermilled.
9-c ,^,!lricultural~ mClY bo -&akI- from Cl vehicle provises th13tthe vehicle is not
lec13tes in tho road ri!lht of way.
-1.(}., Agriswltural J}rodusts m3Y bo displayod with," any front yars provided it soes
not advorsoly ~f\-Bf--llehicul13r tr13ffic or public he13lth or s13fety 13m:! is
not loc3ted with," tRe.FBa4ri!lht5 of way.
44-, ,A, minimum 8 foot l13ndscape auffer shall ee re'1uires asjacent to any mas rights
of '....13y.
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4.02.32 Same-Main Street Overlay Subdistrict
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F-c Sl'lecial roquiromonts for outdoor display and sale of merchandise.
[See subsection 2.03.07 G.5.f.i; Ord. 08-11 page 105]
4.., OutEloor disl'llay emEl sale of merchanElise, within the front anEl siEle yards en
improved prel'lertles, -8fe-l'lermittedsuGject to the Iollowin€j I'lrevisions:
80 Tho outdoor disl'llay!sale 61'- mercRanElise is IimiteEl to tRe salo of
comparable .rnercFianElise solEI on tRe wemises anEl is inElicateEl on the
)3foprietors' occupationalliGonse.
&c The outGoor display/sale of merchelDdise is permitteEl en imweveEl
commercially zoned propertios and is subjoGt to the submission of a site
develol'lmont plan th:Jt demonstrates that pro'/isions will be maEle to
adoquatoly :Jddress the follOWing:
~ Vohicular and l'leElestrian traffic saroty moasuros.
ih be6atioo-4. sale/display of merchandise in relation to parking
affi8&,
iii. Firo protection moasures
W- UmlteEl hours of operation from Elawn until Elusk.
[See subsection 2.03.07 G.5.f.i & ii; Ord. 08-11 pages 105 & 106, respectively]
2c- OutGoor displayaoo-saJe-ef merch:Jndiso '....ithin the sidewalk area onli' shall ee
permltlod~-tieAwitIt"Main Street" approveEl venElor carts, I'lro'/iEleEl tho
applicant submits-tt sito Ele'lelopment plan which domonstmtes that provisions
will be maElo to adoquatoly addross the followin€j:
80 Location of solo/display of mereRanElise in relation to roaG rights af way;
&c Vendor carts are locatod en sidewalks tFiat afforG the appliGaRt a ~\'e (8)
foot clearanco for non eestruGteEl l'leElestrian traffic; anEl
Gc Limited hOlffilef oporation from dawn until dusk.
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CHAPTER 5 SUPPLEMENTAL STANDARDS
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5,05,00 SUPPLEMENTAL STANDARDS FOR SPECIFIC USES
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5.05,10 Travel Trailer and Recreational Vehicle Park Design Standards
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C, Required facilities for campsites and TTRV lots.
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.:w, Jl.ssessery Yses.
[See subsection 2.03.03 F.2.b.4.i; Ord. 08-11 page 70]
80 Enclosed utility/stor3ge 3rea of the same siding material ans aFcl1itectural
style 3S th3t of the 3sgoci3ted resreatienal vehicles, not to oxcees an
8fea of si"ty (60) "'*!tImo foot
[See subsection 2.03.03 F.2.b.4.i: Ord. 08-11 page 70 & 71]
90 /\ny utility/stor3go 8fea-s11aJl- be locates asjacent to its associates
recreational vehicle 3nd mado 3 continuous part of a screenes in porcl1
'/thoro such a~ porch is attachod to tho \lohiclo as horoin provises. Whero
utility/storage moas mo mado a continuous part of a scroonos in porch,
tIle..affia. of the utility/ctorago aroa may not oxcees 25 percont of tl1e area
ef_ntll&~_~~ Bf- 120 squaro leot, wl1icl1ovor losser. Tl1e
County MaAagor or his dosigneo may administratively appF8ve an
mccoption to accessory stmctyre sizo limitation whore sucl1 8)(ception is
nocossary to 3110w for accossibility, in accordanco '....ith tl1e spociflcatiens
sot forth in Secticm 4 of the Americans with Disabilitios Act (,^.D/\), to
accommodato a phyeically hansicaflfles insivisual.
[See subsection 2.03.03 F.2.b.4.ii; Ord. 08-11 page 71]
lr. ~r recreational vel1icles fixed by a perm3nent ancl1ering system, a
screenod in porch elo'jated or at ground level with a solid roof stryctyre,
afChitecturally comp3tible with its 3swciated recreational vehicle, not to
oxcoed an moa oqu31to the are3 of tho recreational vehicle to which it
is-- attached. Said scree nod in porch ehall pro...ido for any site
utility/etor3go ep3ce requiremente ae herein provided and shall not
contain any other interior '....alls. 1\11 such screenos encloeures must be
permitted aooBeflslrtlGteG-according ta this Code and aflfllicaBle BYilding
600 os. Extorior walls -may be enclosod with screen, glass er vinyl
windows, exceflt that tho storage aroa shall bo onclased .....itl1 tl10 samo
m3tori31 3e the flnncipal unit.,
[See subsection 2.03.03 F.2.b.5; Ord. 08-11 page 71]
Go CampgrBWl€ls~ 100 spacos or moro shall BO pormittos a
ronVBfliense ~13cility no groator than 15,000 square feat in
tetal-~-faRtI--*"".- +11i&~ faCility shall provido for the exclusive sale of
canvonionco Itome to park patrons only, and sl1all wesont na visiBle
o'IIdonce of thOlr cammercl31 cl1aFClcter, including signage ans ligl1ting,
from any public ar privata street or right ef way axternalte tho parl~.
[See subsection 2.03.03 F.2.c; Ord. 08-11 pages 71 & 72]
4-h CeRditienal YSeS Camf'ling cabins subjact to the following standards:
80 One camping cabin por appro\lod TTRVC lot.
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a., Tho mCllcimum numbor of camping sallin lets in any ene TTRVC f3ark
shall be tGn pmcont of the total number of approvod TTRVC lets, not to
exceod a total numbor of twenty (20) camping callin lots.
Go Maximum floor mG3 of 220 "quam feet.
Q., !>Ie intGrnal wator Elf cooking facilitios.
ec Camping ~rnay--~0t bo dosignod as a permanont resideR()G,
however; tiodowrl&-Bf--ethor safot)' doviGes may bo usod in order te
pro'lide socunty against high 'Ninss.
f, Camf3ing sabins must be Genstructod of natural wood mateFials sucl1 as
logs, redwood, cedar, or cypross in ordor tl1at it may blond l1armoniously
iAte--tRe-{]atural landscapG character normally found in a TTRVC or
campground sotting.
go Tho gonoml developmentstandmds roquired for tl1e TTRVC f3ark sl1all
bG applicablo to tho camping Gallin lets.
fl., All matcJrlals and construGtion must be in accordance with the Collier
Count)' building codG and the re~uirements of the StandaFd 8uilding
Code (SBC).
h At IGa"t ono -FeGffi-of thG samping sabin must havG a minimum of 1 liD
square fGot of .fIeef-afea
r; If GampiAg-- sabifls....-afe--10 bG 10catGd in a f1eod l1azaFs zone a6
delineated-Bn. lfle--rnesl- recent flood insuranse rate maps, all
roquimments of-&e€tiefl.~.Q2.DO of this LDC must bo mGt.
kc 1\ party shall bo allowGd a maximum IGn~th of stay of two (2) 'seeks in a
Gamping sabin
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LDC Amendment Request
ORIGIN: Community Development & Environmental Services Division
AUTHOR: Stephen Lenberger, Senior Environmental Specialist
DEPARTMENT:
Engineering and Environmental Services Department
AMENDMENT CYCLE: 2009 Cycle
LDC PAGE: LDC1:35
LDC3:28.l - LDC3:28.2
LDC SECTION(S): 1.08.02 Definitions
3.05.07 Preservation Standards
CHANGE: Revise the definition of "native vegetation" for purposes of retention of
nati ve vegetation,
Clarify how the "native vegetation definition" is applied to partially cleared sites with
native trees, and where the understory which has been converted to lawn or pasture.
Clarify single-family preserve setback requirements.
Revisions to address concerns of stakeholders
Add exceptions to the native vegetation retention standards for clearing associated with
public roadways, existing access and utility easements, and previously cleared areas for
support of public infrastructure.
REASON: The change in the definition of "native vegetation" for native vegetation
retention requirements is required as part of the EAR-based GMP amendment to CCME
Policy 6.1.1 (I). Policy 6.1.1 (1) states the following (underlined/strike through version
provided):
"For the purpose of this policy, "native vegetation" is defined as a vegetative community
having ~25% or less more canopy coverage or highest existing vegetative strata of
meIaIellea ar ather iuvaaivEl e)[atie native plant species. The vegetation retention
requirements specified in this policy are calculated based on the amount of "native
vegetation" that conforms to this definition."
Currently the LDC or GMP contain no criteria on how the native vegetation definition is
applied to partially cleared sites with native trees and where the understory has been
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converted to lawn or pasture, thereby requiring staff to apply the definition on a project
by project basis based on canopy coverage or vegetation count. Identifying these areas as
native vegetation requires all missing strata be replanted, if the areas are used to satisfy
the native vegetation retention requirement of the GMP and LDC. Some stakeholders
argue that this penalizes property owners who have left trees in place for shade or other
reasons. Clarifying how this type vegetation will be retained will help both staff and
applicants during the permitting process.
In order to address these concerns, stakeholders have proposed requiring native trees to
be retained in instances where the understory has been cleared and converted to lawn or
pasture. The benefit ofretaining these native trees would be retained without applying the
more strict requirements for preserves. To address the concerns of the stakeholders, staff
has included two categories in the amendment for identifying native vegetation; native
vegetative communities and native trees. Identifying native vegetation into these two type
categories is also how Lee County addresses this requirement.
In recognition that native vegetative communities do contain naturally occurring open
areas with little or no vegetation and that some species of wildlife use these areas, fire
and fuel breaks within preserves have been identified as counting towards the minimum
native vegetation retention requirement for the County, provided that these areas are kept
to a minimum necessary in accordance with standard forestry practice. This has been
added in the amendment to address the concerns of stakeholders for managing fire within
preserves located adjacent to homes and other structures. The LDC currently required 80
percent vegetative coverage for created preserves and supplemental pIantings within
preserves, within a 2 year period following initial planting and to be maintained in
perpetuity.
Change made to clarify single-family preserve setback requirements. Unless otherwise
required in the RFMU District, single-family residences are exempt from the native
vegetation retention requirements and from having on site preserves, but not from
preserve setback requirements.
Exceptions have been added to the native vegetation retention standards, for clearing
associated with public roadways, cxisting access and utility casements, previously
cleared areas for support of public infrastructure, and vegetation used for landscaping.
This is in keeping with the intent ofCCME Policy 6.1.1 (II), Policy 6.1.1 (II) states the
following:
Right of Way acquisitions bv any governmental entity for all purposes necessary for
roadwav construction, including ancillary drainage facilities, and including utilities
within the right ofwav acquisition area, shall be exempt from mitigation requirements.
FISCAL & OPERATIONAL IMPACTS:
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How the native vegetation definition is applied will have a direct affect on the amount of
native vegetation required to be retained on site and in turn affect on the amount ofIand
which can be developed. On the other hand, retained native vegetation within
developments has esthetic value and often enhances property values.
Creating a separate category for retention of native trees will enable the County and
property owner to retain existing native trees where only native trees occur on a property.
This will relieve the property owner of the burden of having to restore the property to its
original condition and from the more stringent requirements for preserves (native
vegetative communities).
RELATED CODES OR REGULATIONS: None affected.
GROWTH MANAGEMENT PLAN IMPACT:
Changes made to address EAR-based GMP amendments to CCME Policies 6.1. I (1) and
6. I.1 (1 I).
OTHER NOTES/VERSION DATE: Created August 12,2009, Amended October 12,
2009, October 22, 2009
Amend the LDC as follows:
1,08,02 Definitions
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Vegetation, native: Native vegetation means native southern Floridian species as
determined by accepted valid scientific references such as those listed iaentifieEl in
section 4.06.05G, Whero this CeEle rafers te, er roE1~ires retention of, o)(jsting native
vogotatien, tRO torm native vegetation is furtRer dofineEl as a vogelalivo eeFRm~nity
Raving 7~% or loss eaRo~y eoveFa!lo ef molals~sa or stRsr invasivo o)(etie ~Iant s~eGies.
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3,05.07 Preservation Standards
All development not specifically exempted by this ordinance shall incorporate, at
a minimum, the preservation standards contained within this section.
A. General standards and criteria, The followinq criteria shall be used to
administer the preservation standards in all unincorporated areas of the
Cou ntv.
1. Native veqetative communities. The preservation of native
vegetation shall include all naturallv occurrinq strata includinq
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canopy, under-story and ground cover emphasizing the largest
contiguous area possible, except as otherwise provided in sestion
3.05.07 H.1,e, The term native veqetation is further defined as a
veqetative community havinq 25 percent or more canopy
coveraqe or hiqhest existinq veqetative strata of native plant
species. In the absence of other native strata. herbaceous
veqetation not tvpicallv associated with the re-qrowth of native
veqetative communities, commonlv known as weeds, shall not be
considered native veaetation for the purpose of preservation.
2. Native trees, Where a property has been leqallv cleared and onlv
native trees remain and the native qround cover replaced with
lawn or pasture, then onlv the native trees shall be retained. The
percent requirement of native trees required to be retained shall
be bv tree count based on the percent requirement for native
veaetation pursuant to 3.05.07 B. Onlv slash pine trees with an 8
inch DBH or qreater, hardwood trees with a 18 inch DBH or
qreater, or palms with a minimum of 8 foot of clear trunk shall be
used for calculatinq this requirement. For hardwood trees, everv 6
inches of fraction thereof over 18 inch DBH shall count as an
additional tree (18 inch DBH = 1 tree. 24 inch DBH = 2 trees, 26
inch DBH = 3 trees, etc.). Slash pine trees and cabbaqe palms
shali on Iv be retained on portions of the propertv with a densitv of
8 or more trees per acre. Trees which are unhealthv or dvinq, as
determined bv a certified arborist or anv individual meetinu the
qualifications in 3.05.07 H.1.q.iii. shall not be retained or used for
calculation. Native siash pine trees shall be retained in clusters, if
the trees occur in clusters, with no encroachment (soil
disturbance) within the drip line or within 30 feet of the trunk,
whichever is qreater, of any slash pine or hardwood tree.
Encroachment mav occur within these distances where evaluation
bv a certified arborist determines that it will not affect the health of
the trees. Trees which die shall be replaced with 10 foot hiqh
native canopv trees on a one for one basis. Native trees with a
DBH of two feet or more shall be replaced with three 10-foot hiqh
native canopy trees. Areas of retained trees shall not be subiect to
the requirements of 3.05.07 H.
Where trees cannot be retained, the percent reuuirement of trees
shall be made UP elsewhere on-site with trees planted in clusters
utilizinu 10 foot hiuh native canopy trees planted on a one for one
basis. Where native trees with a DBH of two feet or more cannot
be retained, a minimum of three 10-foot hiqh native canopy trees
shall be planted per tree removed of this size. Trees planted to
satisfy this reuuirement shall be planted in open space areas
equivalent in size to the area of canopy of the trees removed. This
planted open space shall be in addition to the area used to satisfy
the minimum landscape requirements pursuant to 4.06. In lieu of
usinq actual canopy coveraqe, the followinq averaqe diameter for
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tree canopies mav be used to calculate canopv coveraqe of
existinq trees; slash pine 40 feet. cvpress 25 feet. live oak 60 feet
and cabbaqe palm 10 feet. Open space areas not normallv
planted with trees, such as stormwater retention areas or lake
banks not planted to meet the LSPA requirement. mav be used to
satisfv this requirement. Trees planted to satisfy this reuuirement
shall be set back a minimum of 30 feet from principal structures
and impervious parkinu areas.
~;i. Areas that fulfill the native vegetation retention standards and
criteria for native veqetative communities of this Section shall be
set aside as preserve areas, subject to the requirements of
section 3.05.07 H. Sin~le family resiaeAGes are e)(em~t from tRe
requiremeAts ef seGtion 3.05.07 H.
~. Native vegetation to be retai ned as preserve areas shall be
selected in such manner as to preserve the following, in
descending order of priority, except to the extent that preservation
is made mandatory in sectiens 3.05.07 F.3~ and 3.05.07 G.3.cc
a, Wetland or upland areas known to be utilized by listed
species or that serve as corridors for the movement of
wildlife;
b. Xeric Scrub, Dune and Strand, Hardwood Hammocks;
c. Onsite wetlands having an accepted functionality WRAP
score of at least 0.65 or a Uniform Wetland Mitigation
Assessment Score of at least 0.7;
d. Any upland habitat that serves as a buffer to a wetland
area as defined in section 3,05,07 A.3.c above;
e. Dry Prairie, Pine Flatwoods; and
f. All other native habitats.
4.;!, Preservation areas shall be interconnected within the site and to
adjoining off-site preservation areas or wildlife corridors.
5. Te tRe ~reatest exteAt pessiBle, native vegetatien, iA (lllaAtities
aAa t)'~aG set fertR iA sestieA 1.08.00, sRall Be iRser~eFalea iAte
lanasoa~e aesi~AG iR ertler to ~romote tRe ~reservatioA ef Rative
plant oemm~Aities aRa te eAGa~ra~e water GeAservatieA.
6. WAere '1ollotatieR Ras lleoR lellall'l Glearod, the ar~~ellRt ef nati'/e
'1eEletatien ~sea to Galc~late the preservatieR r-oEllliremeRt will lle
that ama~Rt BreseRt at the time ef ae'leleBmeAt eraer er laRa ~se
BetitioR aBBlicalieR. Where veqetation has been illeqallv cleared,
the amount of native veaetation used to calculate the
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preservation reauirement will be that amount present at the time
prior to the IIleaal clearina. Criteria to determine the process and
criteria for the c1earina are found in Sections 10.02,06 and
3.05.05.
a. Re-creation of native veaetation shall not be reauired
when any one of the foil owina criterion is met:
I. The parcel was issued a County permit to clear
veaetation and remains cleared of native
veaetation.
il. The parcel was issued a Countv permit to clear
veqetation for aaricultural purposes prior to Julv
1 993 (the date at which the 10 vear aaricultural
c1earina rezone limitation previouslv identified in the
GMP is achieved) and which remains cleared of
native veaetation.
ill. If no clearinq permit can be found, demonstrations
of continuous bona fide aaricultural operation alona
with issuance of an after-the-fact aaricultural
c1earinq permit from the County will be evidence of
leaal c1earina. Demonstrations of continuous bona
fide aaricultural activities mav include, but are not
limited to, aaricultural classification records from
the propertv appraiser's office: am:! mo'! bo
E\l9Dortea 8'.' dated aerial photoaraphs:
occupational license for aaricultural operation:
SFWMD consumptive use permits for the onaoina
aaricultural use or other information such as sworn
testimony from previous owners which establishes
the commencement date and the location of the
aaricultural operation. The rezone limitation
pursuant to 10.02.06 shall appl v.
7. Unless otherwise reauired in the RFMU District. sinqle-familv
residences shall be exempt from the native veaetation retention
reauirements and from havina on site preserves. Setbacks to
preserves shall be in accordance with 3.05.07 H,
8. Development standards pursuant to section 4.02.14 shall applv to
all development, includinq sinale-familv. within the ACSC.
9. Created preserves are allowed subiect to the criteria in 3.05.07 H.
10. Fire and fuel breaks within preserves. kept to the minimum
necessary in accordance with standard forestrv practice, shall
count towards the minimum native veaetation retention
reauirement.
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B. Specific standards applicable outside the RFMU and RLSA districts.
Outside the RFMU and RLSA Districts, native vegetation shall be
preserved on-site through the application of the following preservation
and vegetation retention standards and criteria, HRless the gevelet)m eRt
eSGHrS withiR tAe ACSC where the ACSC staRElarss rorereRees in the
FHtHro LaRS Use Element shall at)t)ly. This SeGtioR shall Rot at)t)ly to
single family swelling units sitHates GR insivisHallGts Gr pareels,
1, Required preservation.
Development Type Coastal High Non-Coastal High
Hazard Area Hazard Area
Less than 10% Less than 5 10%
2.5 acres acres
Equal to or Equal to or
greater than 5
Residential and Mixed greater 25% acres and less 15%
Use development than 2,5 than 20 acres
acres
Equal to or 25%
greater than
20 acres
Golf Course 35% 35%
Less than 5 10% Less than 5 10%
Commercial and acres acres
Industrial development Equal to or
and all other non- Equal to or
specified developm ent greater 15% greater than 5 15%
types than 5
acres
acres
Industrial development 50%, not to exceed 50%, not to exceed
(Rural-Industrial District 25% of the project 25% of the project
only) site site.
2, Exceptions. An exception from the vegetation retention standards
above shall be granted in the followi ng circumstances:
a. where the parcel was legally cleared of native vegetation
prior to January 1989 and remains cleared of native
veQetation;
b. where the parcel cannot reasonably accommodate both
the application of the native vegetation retention
standards and the proposed uses allowed under this Code,
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subject to the criteria set forth in section 3,05.07(H)(1 )(e).
c. Riaht-of-wav acquisitions by anv aovernmental entity for all
purposes necessary for roadway construction, includina
ancillarv drainaae facilities, and includina utilities within the
riaht-of-wav acauisition area.
d. Existina utility easements and easements for inaress or
earess reauired for neiahborina properties.
e.
Previouslv cleared
infrastructure, and
veQetation.
parcels for support
which remain cleared
of public
of native
f. Trees and other veaetation planted for landscapina and
which have not been used to satisfy the native veaetation
preservation reauirement.
a. Previously cleared fallow farm fields and pastures, with no
canopv trees (other than slash pine trees with less than an
8 inch DBH or palms with less than 8 foot of clear trunk)
and less than 75 percent aerial coveraae of native
veaetation. Marshes and similar tvpe environments (640
FLUCFCS Codes) shall be excluded from this exception.
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LDC Amendment ReQuest
ORIGIN: CDES
AUTHOR: Susan M. Istenes, AICP
DEPARTMENT:
Zoning
AMENDMENT CYCLE: 2009 Cycle 1
LDC PAGE:
LDC SECTION(S): 1.08,02 Definitions; 4.02.01 Dimensional Standards for Principal Uses
in Base Zoning Districts; 4.02.03 Specific Standards for Location of Accessory Buildings And
Stmctures Tables 3 and 4; Table 2-1,
CHANGE: I. Add definitions for porch, deck and balcony, The purpose of this LDC
Amendment is to distinguish between balconies, porches and decks and to distinguish 'roofed'
balconies from 'unroofed' balconies, 2, Re-organize 4.02.01. D by placing subject matter under
subheadings and collapsing the list of allowable setback encroachments into a table for ease of
reference,; relocated 4.02.01. D. 3 and 11 to the preface of Section 2.1 where the subject matter
of those items is more relevant to the subject matter of Section 2, I, as noted below, 3, Removed
D,13, this text was relocated to the Codes of Laws and Ordinances via Ordinance No, 08-68
(this change also caused a change in the text reference in Tables 3 and 4 in section 4,02,03,)
REASON: 1. The terms are used in the Land Development Code and are not defined. There
are provisions that allow encroachments by these structures into setbacks and there is confusion
as to what constitutes a roofed or unroofed balcony when balconies are stacked on top of each
other, thus appearing to be roofed, especially in a multi-family structure, 2. The organization of
the information is complicated and forces the reader to read the entire section to figure out what
are/are not allowable encroachments. Items 3 and II are related to the measurement/description
of a setback and therefore should be located in Section 2.1 which deals with setbacks. The
headings added to the building height exceptions organizes the information so the reader is
directed to the applicable section, rather than having to read both paragraphs. 3. The LDC text
was repeated in the Codes of Laws and Ordinances when Ord. No, 08-68 was adopted. The
removal of this text in the LDC merely removes a duplication of the text more appropriately
located in the Code of Laws and Ordinances,
FISCAL & OPERATIONAL IMPACTS: None.
RELATED CODES OR REGULATIONS:
GROWTH MANAGEMENT PLAN IMPACT: None.
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OTHER NOTES/VERSION DATE: Created on July IS, 2009; revised on August 25; Revised
October 5, 2009
Amend the LDC as follows:
1.08,02 Definitions
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Balconies: Exterior structures that proiect from the buildina at least one stOry above arade,
There is usuallv a door providina an entrance to the balconv. Balconies do not have steps and
there is no access from around level, Balconies mav be cantilevered from the principal structure
wall or mav be supported bv both the wall and columns, Balconies do not have roofs and are
considered unroofed, even when the platform of a balconv proiects directlv above from upper
stories providinq cover. For roofed structures see Porch.
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Porches: Roofed .exterior st~uftures with a door providina entrance to the buildina: thev mav
have steps and a lil1.li_a,~' hanarail and the walls mav be screened or open. Thev are
aenerallv supported bv posts and columns or the house wall and foundation.
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Deck~: .... .E.~.terior ~tr~ft~resR"aced~t~.buildina entrance point: thev have no roof arn:tElf.e
€tai"le.'~Bjf'~~:'.'BfaB9g::.sf8Mtl;t.'~':..fib9f'g'"fl.~(Ili":.'rive'~ Decks mav have sleDS and railinas and are
commonlv supported bv posts or thev mav be cantilevered from the principal structure wall.
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4.02,01 Dimensional Standards for Principal Uses in Base Zoning Districts
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Table 2,1 - TABLE OF MINIMUM YARD REQUIREMENTS (SETBACKS) FOR BASE
ZONING DISTRICTS
Note as 10 setbaGk line moasuroment: minimum setbaGk lines are typically measured
from the legal Boundary of a lat. rogardless of all oasemenls burdening a lat, with tho
C)(Geption of easements that comprise a roaa right af way '""here the minimum setback
lino is to bo moasured from the road right af '/lay 03sement lino, Re-written below
seeA.
Minimum setback lines are measured from the leqal boundary of a lot, reqardless of all
easements burdeninq a lot, with the exception of easements that comprise a road riqht-
of-wav where the minimum setback line is to be measured from the road riqht-of-way
easement.
Every part of every required yard shall be open and unobstructed from thirty (30) inches
above the qeneral qround level of the Qraded lot upward t?the... s~yexfElpt a~
hereinafter provided or as otherwise permitted in this LOC. r~elooat~d::frOrn4.i02.01
D,3,]
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Except as otherwise provided bv this LOC, when lots on both sides of an undeveloped
recorded lot contain a residential structure whose front vard setback is less than is now
required, the averaQe of the setbacks of the two (2) contiQuous developed lots shall
serve to establish the minimum front vard requirement for the vacant lot. [Relocated
from 4.02.01 0,11,]
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D, Exemptions and exclusions from design standards.
1. Bl.liIdindi:lIeillnt:excelitiol1si< aene~al: The height limitations contained in
Chapter 2 do not apply to infrastructure in support of the building, such as
mechanical penthouses, elevator shafts, stair shafts, mechanical equipment,
mechanical screening, spires, belfries, cupolas, flagpoles, antennas,
communications towers, water tanks, fire towers when operated by a branch of
government, ventilators, chimneys, feed storage structures, silos, windmills,
airport control towers, or other appurtenances placed above the roof level and
not intended for human occupancy or for commercial purposes as provided
below:
a. Structural elements shall be no higher than necessary to accomplish the
purpose it is intended to serve.
b. The aggregate area of structures or appurtenances shall not exceed
one-third the area of the supporting roof,
c. Where this section conflicts with section 5.05,08, the provisions of section
5.05.08 will control.
d. The heights of these structures or appurtenances thereto shall not
exceed any height limitations prescribed by the Federal Aviation Agency
or airport zoning regulations within the flight approach zone of airports.
(See section 2,03,07 C.).
2, BUildinlillleill'lIfexceDtionsfol'iDrOVldit'lll O:{fstl'eetlSarkinll: In instances
Wwhere off-street parking is provided within the principal structure, the County
Manager or designee may waive the maximum height requirements to the extent
necessary to permit off-street parking within the principal structure, as
provided below: however:
fit a. Tthe required number of off-street parking spaces required by this LOC
for tho use involved may not be reduced;
~!L Ithe waiver in hoisht shall not be greater than that necessary to provide
for the off-street parking within the principal structure, with a maximum
of two parking levels;
f3t c. the waiver of tho maximum height roquirements aro The resultinq heiqht
~ compatible with the uses on adjacent properties; and
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f41 sL Efor each off-street parking space permitted within the principal
structure for which the maximum height waiver is granted, 300 square
feet of additional open space beyond that which is otherwise required by
this LDC shall be provided onsite.
3, Every p;Jrt of every roquirod yard shall be epen and uneestructed from thirty (JO)
inches aeovo the !jeneral !jround level of tho graded lot upw;Jrd to the sky
except as hereinafter providod or ;JS otherwise permittod in this LOC. [R$locat$d
toTaole;!,1preface,]
4. Sills and other architoctural and desi!jn tro;Jtmonts shall not projoct ovor twelve
(12) inches into a roquirod yard.
5. Mov;Jble ;J.....nin!js sh;J1I not project over three (3) foot into a roquirod yard,
provided that where the yard is less than fivo (5) feet in width the projection sh;J1I
not exceed one half (1/2) tho width of the yard.
6, Window or wall mounted air conditioning units. chimnoys, fireplaces. b;Jy
windows. or pilasters shall not projoct over two (2) foot into a required yard.
7. Fire escapes. stoir\'laYb, ;Jnd balconies which oro unroofed (OJ(()Opt ;JS otherwise
permitted within this bection) ;Jnd unenclosed shall not project ovor five (5) feet
into ;J roquirod sido or rear yard and throo (3) foet into 0 front yard of a multi
family dwelling, 110tel or motel ;Jnd not over three (3) foet into a required front,
side or roar yard of 0 single family rosidontial d'Nelling, Re!jardless of tho
oxtent of encroachment, the minimum requirement for soparation of structures
shall be maintained.
8, Hoods, c;Jnopies, or roof ovorhangs sholl not project over (J) three foot into 0
required yard, eut sholl not come closer than one (1) foot to the lot line.
9. Fences, '....olls and hoE!!jes, sutlject to section 5.03.02, and pad mounted ;Jir
conditionors are permitted in required yards, subject to the provisions of section
4,06,00,
10. Cornicos, eaves or !jutters sh;J1I not project over three (3) feot into a requirod
yard, provided that where tho roquired yard ib loss than Sill (6) feet in width,
such projection sholl not exceed one half ( 1/2) the width of the yard.
11. Except as other....ise providod by this LOC, whon lots on eoth sides of on
undevelopod recor.aed lot contain 0 msidentiol structure whoso front yarE!
setback is less th;Jn is now roquired, tho ;Jvemge of the setbacks of tho two (2)
contiguous devoloped lots shall.. sorvoto. establish the..l"llinimum front yard
roquiroment for tho vac;Jnt lot. [ReloC!iltedto Table 2A,preface,]
12. In commorciol, industrial anE! multi family rosidonti;J1 developments, carports
which aro open on all sides may oncmach into tho requirod yards providod thoy
do not oncroach into tho roquirod landscape buffers, os roquired ey this lOC;
;Jnd furthermore, if tho l;Jndscapin!j is deficient whore tho carports ore proposod,
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the kmdsoaping must be lJpgradod te oomply with tho LDC requiromonts to the
greatest extont pessible prior to the issuanoe of a building permit for said
oarports. This shall be acoomplished by a cite de'/elepment plan amendment or
a Elite improvement plan approval.
1 d, Pormanent emergoncy gonoratore: may be plaGoa 'Nithin the roar yard of any
property e;upporting a permitted e:inglo family roe;idenoe, sutljeot to a 10 foot rear
yard setbaGk, and within e:ido yards subjeot to a maximum oAoroaohment into
the setbaGk of de inohee;, GeAeratore: are not permitted to oncroaoh into roquired
front yards. .'\bo'/e ground fuel tanks for tho goneratore; 3ro e:utljeot to the e:ame
setbaGks; hO'....over. unaerground tmke: are not e;ubjoot to setbaGk
req u i romonte:. [Relocatecl t():Ai1:icl!iiIV.S~ctioh~"$7'.(!l>OraNo.(}8'Q8] I nord or
to reduoe noie:e during required routino oxeroie;ing of the generators, thie:
exeroie:ing ie: ree;trioted to oporating tho generator for no more than 30 minutee;
weekly during the hours of 9:00 3.m. to 5:00 p.m, 3nd e:hall not oxoood &ound
level limite: for Manufacturing 3nd Indue:trial ue;ee; as e:ot forth in Ordinanoe 90 17,
the Noie;e Ordinanoe, 3e: amonded. ^II permanont omergenoy gonoratore: must
booquipped "'/ith. &ound attenuating houe:ing .~o reduoo .~oise.> AI$ojnee9to
amend. #t7.. om.4,02,Q3,4,... .Tao1e .to.'refer..lo'appliclilble:;sectiol1 and adju$tNP
reference.
Table 2.2 Allowable Encroachments into Setbacks
Sills
Moveable awnings
any
1 foot
3 feet unless the yard is
less than 5 feet then Y,
the width of the ard
2 feet
Window and elevated ale
units
Chimne s
Fire laces
Ba Windows
Pilasters
(1) Fire escapes and
Stairwa s
(2) Fire Escapes and
Stairwa s
(1) ParCRElS, Balconies
aAdOElEl.kS
(2)POr.ohes, Balconies
aAdOaGks
Hoods
any
an
an
an
an
any
2 feet
2 feet
2 feet
2 feet
3 feet front, side or rear
any
5 feet side or rear; 3 feet
front
3 feet front, side or rear
any
any
5 feet side or rear; 3 feet
front
3 feet & no closer than 1
foot to ro ert line
No limit but must not
encroach into landscape
buffers
any
Carports
Any. Applies only to
commercial, industrial
and residential zoning
districts
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Single family
Multi-family, hotel or
motel
Single family
Multi-family, hotel or
motel
If landscape buffers
deficient then must
be brought up to
code as much as
possible before CO
issuance
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Canopies any 3 feet & no closer than 1
foot to orooertv line
Roof overhangs any 3 feel & no closer than 1
foot to orooertv line
Fences and Walls any No limit See 5.03.02 &
6.06.05
Hedges any Nolimil See 5.03.02 &
6.06.05
Ground PaG-mounted any No limit
AlC
Corn ice any 3 feet unless the yard is
less than 6 feet then Y,
the width of the vard
Eaves any 3 feet unless the yard is
less than 6 feet then y,
the width of the vard
Gutters any 3 feet unless the yard is
less than 6 feet then Y,
the width of the vard
Permanent Generators Rear and Side of Single 3 feet into side; N/A into See Article IV. Sec.
including above ground family rear 54-87.0, Code of
fuel tanks Laws & Ord.
Underground fuel tanks any N/A (not subject to
setbacks)
(Ord. No. 04-72, S 3.L; Ord, No, 05-27, S 3,P; Ord, No, 07-67, S 3.1)
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4,02.03 Specific Standards for Location of Accessory Buildings And Structures
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Table 3, Dimensional Standards for Accessory Buildings and Structures on Non-
Waterfront Lots And Non-Golf Course Lots in Zoning Districts other than Estates(E)**.
1. Parking garage or carport, SPS 10 SPS 10 feet
single-family feet
2. One-story parking structures SPS 35 SPS 10 feet
and/or carports feet
3. Multistory parking structures SPS 35 SPS 1/1*
feet
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Swimming pool and/or SPS 10
4 screen enclosure (one- and feet SPS N
two-family)
5. Swimming pool (multi-family SPS 20 15 feet N
and commercial) feet
6. Tennis courts (private) (one- SPS 15 SPS 10 feet
and two-family) feet
7. Tennis courts (multi-family, SPS 20 15 feet 20 feet
and commercial) feet
8. Utility buildings SPS 10 SPS 10 feet
feet
9. Chickee, barbecue areas SPS 10 SPS 10 feet
feet
10. Attached screen porch SPS 10 SPS N/A
feet
11. Unlisted accessory SPS SPS SPS 10 feet
12. Satellite dish antenna NP 15 SPS 10 feet
feet
See~
4.02.01 D.n
13. Permanent emergency NP 10 Article I""', SeC, N/A
generators feet 54"s7.o.' COde
oft.i!lWs&Ord.
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Table 4. Dimensional Standards for Accessory Buildings and Structures on
Waterfront Lots and Golf Course Lots in Zoning Districts other than Estates(E)**2
1. Parking garage or carport, SPS SPS SPS 10 feet
single-family
2. One-story parking structures SPS SPS SPS 10 feet
3. Multistory parking structures SPS SPS SPS 1/1 1
Swimming pool and/or screen 10 feet
4. enclosure (one- and two- SPS 3 SPS N
family)
5. Swimming pool (multi-family SPS 20 feet 15 feet N
and commercial)
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6. Tennis courts (private) (one- SPS 15 feet SPS 10 feet
and two-family)
7. Tennis courts (multi-family and SPS 35 feet SPS 20 feet
commercial)
8. Boathouses and boat shelters SPS N/A 7.5 feet or 15 10 feet
(private) feet
See subsection 5.03.06F.
9. Utility buildings SPS SPS 10 feet 10 feet
10. Chickee, barbecue areas SPS 10 feet SPS N
11. Davits, hoists and lifts N/A N/A 7.5 feet or 15 SPS
feet
12. Attached screen porch SPS 10 feet SPS SPS
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13. Unlisted accessory SPS SPS SPS 10 feet
14. Docks, decks and mooring N/A N/A 7.5 feet or 15 N/A
pilings feet
15. Boat slips and ramps (private) N/A N/A 7.5 feet N/A
16. Satellite dish antennas NP 15 feet SPS 10 feet
17. Permanent emergency NP 10 feet N/A
generators
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LDC Amendment Request
ORIGIN: CDES
AUTHOR: Susan M, Istenes, AICP
DEPARTMENT:
Zoning
AMENDMENT CYCLE: 2009 Cycle 1
LDC PAGE:
LDC SECTION(S): 1.08,02 Definitions; 4.02.01 Dimensional Standards for Principal Uses
in Base Zoning Districts; 4.02.03 Specific Standards for Location of Accessory Buildings And
Structures Tables 3 and 4; Table 2-1,
CHANGE: I. Add definitions for porch, deck and balcony, The purpose of this LDC
Amendment is to distinguish between balconies, porches and decks and to distinguish 'roofed'
balconies from 'unroofed' balconies. 2. Re-organize 4,02,01. D by placing subject matter under
subheadings and collapsing the list of allowable setback encroachments into a table for ease of
reference,; relocated 4.02.01. D. 3 and 11 to the preface of Section 2, I where the subject matter
of those items is more relevant to the subject matter of Section 2, L as noted below. 3. Removed
D,13, this text was relocated to the Codes of Laws and Ordinances via Ordinance No. 08-68
(this change also caused a change in the text reference in Tables 3 and 4 in section 4.02,03,)
REASON: I. The terms are used in the Land Development Code and are not defined, There
are provisions that allow encroachments by these structures into setbacks and there is confusion
as to what constitutes a roofed or unroofed balcony when balconies are stacked on top of each
other, thus appearing to be roofed, especially in a multi-family structure. 2. The organization of
the information is complicated and forces the reader to read the entire section to figure out what
are/are not allowable encroachments. Items 3 and ] ] are related to the measurement/description
of a setback and therefore should be located in Section 2,] which deals with setbacks, The
headings added to the building height exceptions organizes the information so the reader is
directed to the applicable section, rather than having to read both paragraphs, 3, The LDC text
was repeated in the Codes of Laws and Ordinances when Ord, No. 08-68 was adopted, The
removal of this text in the LDC merely removes a duplication of the text more appropriately
located in the Code of Laws and Ordinances,
FISCAL & OPERATIONAL IMPACTS: None,
RELATED CODES OR REGULATIONS:
GROWTH MANAGEMENT PLAN IMPACT: None.
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OTHER NOTES/VERSION DATE: Created on July 15, 2009; revised on August 25; Revised
October 5, 2009
Amend the LDC as follows:
1.08,02 Definitions
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Balconies: Exterior structures that oroiect from the buildina at least one stOry above arade,
There is usuallv a door orovidina an entrance to the balconv. Balconies do not have steos and
there is no access from around level, Balconies may be cantilevered from the orincioal structure
wall or may be suooorted bv both the wall and columns. Balconies do not have roofs and are
considered unroofed. even when the platform of a balcony proiects directly above from upper
stories providinq cover. For roofed structures see Porch.
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Porches: Roofedext~ri?.r str~ctur~s with a door orovidina entrance to the buildina: they may
have steos and a I/fJs'}i(jJf'9i' handriail and the walls may be screened or ooen, Thev are
aenerallv suooorted bv oosts and columns or the house wall and foundation.
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[)ecks:.. E~ter!?rstructures p/~f~databuildina entrance ooin!: they have no roofsll!!l'lI,te
€lfij;J9'.~$.f.t..~'tt'sfU1Ei':BltQt4t/'/,:Jf!Hilr:rr:::st,s€Js"ls\i9~. Decks may have steDs and railinas and are
commonlv suooorted bv oosts or they may be cantilevered from the orincioal structure wall.
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4,02,01 Dimensional Standards for Principal Uses in Base Zoning Districts
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Table 2,1 - TABLE OF MINIMUM YARD REQUIREMENTS (SETBACKS) FOR BASE
ZONING DISTRICTS
Note a!: to setbaGk line measurement: minimum setbaGk lines are typically mea!:ured
from the legal boundary of a let, regardless of all oasements burdening a let, with tho
exoeption of easoment!: that oomprise a road right af way where tho minimum setbaok
line is to be measured from the road right af '/lay eawment lino, Re-written below
see A.
Minimum setback lines are measured from the leqal boundary of a lot. reqardless of all
easements burdeninq a lot. with the exception of easements that comprise a road riqht-
of-way where the minimum setback line is to be measured from the road riqht-of-way
easement.
Every part of every required yard shall be open and unobstructed from thirty (30) inches
above the qeneral qround level of the Qraded lot upward to.t~~skY ex?ept .as
hereinafter provided or as otherwise permitted in this LDC. (Rel(;)(latel:;lftort1'4J}2J])~
0,3,]
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Except as otherwise provided bv this LOC, when lots on both sides of an undeveloped
recorded lot contain a residential structure whose front vard setback is less than is now
required, the averaqe of the setbacks of the two (2) contiquous developedl.?tssh~.I.1
serve to establish the minimum front vard requirement for the vacant lot. (Retqcatli1d
from4.02,01 0.11.]
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O. Exemptions and exclusions from design standards.
1. BlliIdinuilleiantu8llc8Dtiolls..aeIl81'1lI.1: The height limitations contained in
Chapter 2 do not apply to infrastructure in support of the building, such as
mechanical penthouses, elevator shafts, stair shafts, mechanical equipment,
mechanical screening, spires, belfries, cupolas, flagpoles, antennas,
communications towers, water tanks, fire towers when operated by a branch of
government, ventilators, chimneys, feed storage structures, silos, windmills,
airport control towers, or other appurtenances placed above the roof level and
not intended for human occupancy or for commercial purposes as provided
below:
a. Structural elements shall be no higher than necessary to accomplish the
purpose it is intended to serve.
b. The aggregate area of structures or appurtenances shall not exceed
one-third the area of the supporting roof.
c, Where this section conflicts with section 5.05.08, the provisions of section
5.05.08 will control.
d. The heights of these structures or appurtenances thereto shall not
exceed any height limitations prescribed by the Federal Aviation Agency
or airport zoning regulations within the flight approach zone of airports.
(See section 2.03.07 C.).
2, Bl.lildilla heiahtexc8otion$:.for Drovidln:auOff$tl'eetiJ:lllrJliin.a: In inst3nceE
Wwhere off-street parking is provided within the principal structure, the County
Manager or designee may waive the maximum height requirements to the extent
necessary to permit off-street parking within the principal structure, as
provided below: however:
f+j a, Tthe required number of off-street parking spaces reqlJired by thiE LDC
for the UEe involved may not be reduced;
fat!L Ithe waiver in height shall not be greater than that necessary to provide
for the off-street parking within the principal structure, with a maximum
of two parking levels;
{dj "'- the waiver of the maximum height reqlJirementE are The resultinq heiqht
12 compatible with the uses on adjacent properties; and
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f4j d, Efor each off-street parking space permitted within the principal
structure for which the maximum height waiver is granted, 300 square
feet of additional open space beyond that which is otherwise required by
this LOC shall be provided onsile.
3. Every part of ever; required yard shall be open and unobstructed from thirty (30)
inches above the general ground level of the graded lot upward to the sky
except as hereinafter provided or as otherwise permitted in this LDC. [R.~il:!cated
toTable 2,1 preface,]
1, Sills and other architectural and design treatments shall not projoct over l\velve
(12) inchos into a requirod yard.
5, Mov:lble awnings shall not project over throe (3) feet into a mquired yard,
provided that where the yard is less than five (5) feet in width the projection shall
not exceed one half (1/2) the width of the yard.
6, 'JI/indo'l/ or wall mounted air conditioning units, chimneys, fireplaces, bay
windows, or pilasters shall not project over two (2) feet into a requirod yard.
7, fim escapes, stairways, and balconies which are unroofed (except as otherwise
permitted within this sectioA) and unencloseEl shall not project over five (5) feet
into a required side or rear yard and three (3) feet into :l front yard of a multi
family dwelling, hotel or motel and not over thme (3) foet into a required front,
side or roar yard of a single family msidential dwelling. Regardless of the
extent of encroachment, the minimum roquirement for separation of structures
sh:lll be maintained,
8, HooEls, canopies, or roof overhangs shall not project over (3) three feet into :l
requirod yard, but shall not come closer than ono (1) foot to the lot line.
g, fencos, walls and hoegos, subject to section 5,03,02, and pad mounteEl air
conditioners aro permitted in mquired yards, subject to the provisions of section
1,013.00.
10, Cornices, eaves or gutters shall not projoct over three (3) feet into a required
yard, provieoe that where tho roquired yard is less than six (6) feet in width,
such projection shall not Q)(Ceed one half ( 1/2) the width of the yard,
11. E)(cept as otherwise provieee by this LDC, when lots on both sides of an
uneoveloped recoreee lot contain a resieential structure whase front yard
setback is loss than is now required, the aver-age of the setbacks of tho two (2)
contiguous eevelopod lots shall.. sorveto ost:lbl.ish.tho minimum front yard
requiremont for the vacant lot. [Relocatedlo.'JTa~le2..1,p~eface,]
12, In commorcial, industrial and multi family residential developments, carports
which are opon on all sides may oncro:lch into tho required yards provieoEl they
do not encroach into the required landscape buffers, :lS roquirod by this LDC;
:lnd furthermore, if tho l:lndscaping is eeficient where the carports am proposod,
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the landscaping must be upgraded to comply with the LDC requirements to the
greatm;t extent possible prior to the issuance of 0 building permit for said
corports. This shall be acCempliSRed by 0 site development plan omendment er
o site improvement plan approval.
13. Permanent emergency gonerotors may be placed within the reor yard of ony
property supporting a permitted single family residence, subjoct to a 10 foet roor
yard setbaGk, ond within e;ide yards subject to a moximum encraachment into
the setbaGk of de inches, Generators are net permitted to encrooch into roquired
front yards, /\bove ground fuel tanks for the generators ore subject to the same
setbaGks; how~ver, underground . tanks. are not subject to.. .setb3Gk
requirements. [Relocated to: ArtlcleIV,Section5i4;cS'7,o, OrdN(,l,P$-68] In order
to reduce noise during required routine exercising of the generotors, this
Q)(Qrcising is restricted to operating the generator for no more than dO minutos
weekiy during the hours of 9:00 a.m, to 5:00 p.m. ond shall not exceed sound
lovellimits for Monufacturing and Industrial uses as set forth in Ordinance 90 17,
the Noise Ordinance, os omended. /\11 permanent emergency generators must
be. equippod with sound ottenuoting housing. to reduce noise. . . p,ISq need. to
amend #17 on 4.02,03A. Table to refer to applicable,sectiqn and adjl,Jst . NP
reference.
Table 2.2 Allowable Encroachments into Setbacks
Sills
Moveable awnings
1 foot
3 feet unless the yard is
less than 5 feet then Y,
the width of the ard
2 feet
Window and elevated ale
units
Chimne s
Fire laces
Ba Windows
Pilasters
(1) Fire escapes and
Stairwa s
(2) Fire Escapes and
Stairwa s
(1) POI'Gl'tes, Balconies
<lAS Docks
(2)fii'oFGl'tes, Balconies
anllDecks
Hoods
any
an
an
an
an
any
2 feet
2 feet
2 feet
2 feet
3 feet front, side or rear
any
5 feet side or rear; 3 feet
front
3 feet front, side or rear
any
any
5 feet side or rear; 3 feet
front
3 feet & no closer than 1
foot to ro ert line
No limit but must not
encroach into landscape
buffers
any
Carports
Any. Applies only to
commercial, industrial
and residential zoning
districts
5
Single family
Multi-family, hotel or
motel
Single family
Multi-family, hotel or
motel
If landscape buffers
deficient then must
be brought up to
code as much as
possible before CO
issuance
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Canopies any 3 feet & no closer than 1
foot to DroDerty line
Roof overhangs any 3 feet & no closer than 1
foot to DroDerty line
Fences and Walls any No limit See 5.03.02 &
6.06.05
Hedges any No limit See 5.03.02 &
6.06.05
Ground Pa4-mounted any No limit
AlC
Cornice any 3 feet unless the yard is
less than 6 feet then Yo
the width of the vard
Eaves any 3 feet unless the yard is
less than 6 feet then Yo
the width of the vard
Gutters any 3 feet unless the yard is
less than 6 feet then Yo
the width of the vard
Permanent Generators Rear and Side of Single 3 feet into side; N/A into See Article IV, Sec.
including above ground family rear 54-87.0. Code of
fuel tanks Laws & Ord.
Underground fuel tanks any N/A (not subject to
setbacks)
(Ord. No. 04-72, 9 3.L; Ord. No. 05-27, 9 3.P; Ord, No. 07-67, 93.1)
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Table 3. Dimensional Standards for Accessory Buildings and Structures on Non-
Waterfront Lots And Non-Golf Course Lots in Zoning Districts other than Estates(E)**,
1. Parking garage or carport, SPS 10 SPS 10 feet
single-family feet
2. One-story parking structures SPS 35 SPS 10 feet
and/or carports feet
3. Multistory parking structures SPS 35 SPS 1/1'
feet
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Swimming pool and/or SPS 10
4. screen enclosure (one- and feet SPS N
two-family)
5. Swimming pool (multi-family SPS 20 15 feet N
and commercial) feet
6. Tennis courts (private) (one- SPS 15 SPS 10 feet
and two-family) feet
7. Tennis courts (multi-family, SPS 20 15 feet 20 feet
and commercial) feet
8. Utility buildings SPS 10 SPS 10 feet
feet
9. Chickee, barbecue areas SPS 10 SPS 10 feet
feet
10. Attached screen porch SPS 10 SPS N/A
feet
11. Unlisted accessory SPS SPS SPS 10 feet
12. Satellite dish antenna NP 15 SPS 10 feet
feet
See~
4.02.01 D.l3
13. Permanent emergency NP 10 A~i~le IV,Sec. N/A
generators feet 54-Sl',o, Code
of Laws & Ord,
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Table 4. Dimensional Standards for Accessory Buildings and Structures on
Waterfront Lots and Golf Course Lots in Zoning Districts other than Estates(E)**2
1. Parking garage or carport, SPS SPS SPS 10 feet
single-family
2. One-story parking structures SPS SPS SPS 10 feet
3. Multistory parking structures SPS SPS SPS 1/1 1
Swimming pool and/or screen 10 feet
4. enclosure (one- and two- SPS 3 SPS N
family)
5. Swimming pool (multi-family SPS 20 feet 15 feet N
and commercial)
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6. Tennis courts (private) (one- SPS 15 feet SPS 10 feet
and two-family)
7. Tennis courts (multi-family and SPS 35 feet SPS 20 feet
commercial)
8. Boathouses and boat shelters SPS N/A 7.5 feet or 15 10 feet
(private) feet
See subsection 5.03.06F.
9. Utility buildings SPS SPS 10 feet 10 feet
10. Chickee, barbecue areas SPS 10 feet SPS N
11. Davits, hoists and lifts N/A N/A 7.5 feet or 15 SPS
feet
12. Attached screen porch SPS 10 feet SPS SPS
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13. Unlisted accessory SPS SPS SPS 10 feet
14. Docks, decks and mooring N/A N/A 7.5 feet or 15 N/A
pilings feet
15. Boat slips and ramps (private) N/A N/A 7.5 feet N/A
16. Satellite dish antennas NP 15 feet SPS 10 feet
See SaG,
17. Permanent emergency 10 feet 4.02.01 D.1~
NP ArticlelV.Sec N/A
generators 54,87,0,: COde
of t.aws'&:OrO,
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LDC Amendment Request
ORIGIN: CDES--Deferred from 2008 Cycle L
AUTHOR: Ashley Caserta, Senior Planner
DEPARTMENT: Zoning & Land Development Review
AMENDMENT CYCLE: 2009 Cycle 1
LDC PAGE: LDC4:8,1
LDC SECTION(S):
4,02.01 Dimensional Standards for Principal Uses in
Base Zoning Districts
CHANGE: Allows for encroachment of pool equipment and well pumps, if unenclosed,
into required yards.
REASON: The Building and Zoning Departments have historically allowed pool and
well pumps to encroach into side yards if not enclosed in structures, such as, pump
houses; however, this practice was never formally documented. The proposed
amendment will bring the code in line with practice that has been in effect for over 10
years,
FISCAL & OPERATIONAL IMPACTS: The BCC directed that staff request
assistance from DSAC in determining impacts. The following comments were provided
by DSAC at their June 3, 2009 regular meeting.
. The focus of the proposed ordinance should be narrowed - where is there a
problem? Is it just in the City of Naples? Where else?
. The cost to redesign the location of mechanical equipment for a new house may
not be prohibitive (approximately $1,000.).
. The cost to relocate equipment location on an existing/nonconforming residence
may be cost prohibitive.
. If there is a pool, equipment may be located behind the pool cage; but, especially
in a subdivision, noise will become a factor.
. If the equipment is tucked in a recess, circulation around the unit will be impaired
and result in a decreased operational life of the unit.
. There is a limitation on how far the (AC) compressor can be located from the unit
- they work more economically when located next to the house.
. This will create nonconformities for over 100,000 existing residences. Who will
track these nonconformities?
RELATED CODES OR REGULATIONS: None.
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GROWTH MANAGEMENT PLAN IMPACT: None.
OTHER NOTES/VERSION DATE: Revised 10/28/09
Amend the LDC as follows:
4,02,01 Dimensional Standards for Principal Uses in Base Zoning Districts
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D. Exemptions and excl usions from design standards.
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9. Fences, walls and hedges, subject to section 5.03.02, ~
mounted air conditioners and unenclosed pool equipment and well
pumps, are permitted in required yards, subject to the provisions of
section 4,06.00.
(For permanent emerQencv Qenerator setbacks see Article IV, section 54-
87 of the Collier County Code of Laws and Ordinances)
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LDC Amendment Request
ORIGIN: BZA directed
AUTHOR: Susan Istenes, AICP
DEPARTMENT:
Zoning & Land Development Review
AMENDMENT CYCLE: 2009 Cycle I
LDC PAGE: LDC4.72.19
LDC SECTION(S): 4.03,03 ExemptIons
4.03.04 Lot Line Adjustments
10.02.02 Submittal Requirements for All Applications
CHANGE: Re-write and organize for ease of understanding; add the condition that approval
of a lot line adjustment shall not result in additional developable area per the BZA. Add a
definitive time limit for the applicant to record the approved lot line adjustment.
REASON:
BZA directed
FISCAL & OPERA TIONAL IMPACTS: There will be fiscal impacts to the applicant.
Under the current CDES fee schedule, the fee for lot line adjustments is $250.00, while the
surveying fee for a lot line adjustment is in the neighborhood of $500.00. Under the proposed
amendment, an applicant will be required to file a new subdivision plat. The CDES fee for
review of the subdivision plat will be $1,000.00 plus $5.00 per acre (residential development) or
$10.00 per acre for a nonresidential plat (including mixed use). ':1
RELATED CODES OR REGULATIONS:
cycle,
10,02,02 which is also being amended this
GROWTH MANAGEMENT PLAN IMPACT: None
OTHER NOTES/VERSION DATE: A property owner has the ability to amend a plat without
limitation on the creation of buildable area (Item E below) through a different process (plat
amendment). Version created 090909, Impacts revised 10/28/2009.
Amend the LDC:
4,03,03 Exem ptions
Before any property or development proposed to be exempted from the terms of this
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section may be considered for exemption, a written request for exemption shall be submitted to
the County Manager or designee. Procedures for application, review, and decision regarding
exemptions from these subdivision requirements are set forth in Chapter 10. To the extent
approved, the following may be exempted from these subdivision requirements.
A. Agriculturally related development as identified in the permitted and accessory uses
allowed in the rural agricultural district A and located within any area designated as
agricultural on the future land use map of the Collier County GMP and the Collier County
official zoning atlas, except single-family dwellings and farm labor housing subject to
section 5,05,03 shall be exempt from the requirements and procedures for preliminary
subdivision plats and improvements plans; provided, however, nothing contained herein
shall exempt such active agricultural uses from the requirements and procedures for
final subdivision plats, and where required subdivision improvements are contemplated,
the posting of subdivision performance security.
B. Reserved.
C. Reserved.
O. Reserved.
E. The division of land into cemetery lots or parcels shall be exempt from the requirements
and procedures for preliminary subdivision plats and improvement plans; provided,
however, nothing contained herein shall exempt such division of land into cemetery lots
or parcels from the requirements and procedures for final subdivision plats and, where
required subdivision improvements are contemplated, the posting of subdivision
performance security; and provided, further, that such division of land into cemetery lots
or parcels shall be subject to and comply with the requirements and procedures for site
development plans under Chapter 10, and shall obtain site development plan approval
for the entire property proposed for such division of land into cemetery lots or parcels.
F. The division of land which could be created by any court in this state pursuant to the law
of eminent domain, or by operation of law, or by order of any court, shall be exempt from
this section; if and only if the County Manager or designee and the County Attorney are
given timely written notice of any such pending action and given the opportunity to
signify that the county be joined as a party in interest in such proceeding for the purpose
of raising the issue of whether or not such action would circumvent or otherwise avoid
the purposes or provisions of this section, Le" the subdivision regulations, prior to the
entry of any court order; and, if and only if an appropriate pleading is not filed on behalf
of the County within 20 days after receipt of such notice. However, if a pleading is filed
on behalf of the county within 20 days after receipt of such notice, such division of land
created by the court shall not be exem pt from this section.
G. The division of land which creates an interest or interests in oil, gas, or minerals which
are now or hereafter severed from the surface ownership of real property shall be
exempt from this section.
H. All division of land occurring prior to the effective date of this LOC and conforming to the
purposes of this section, shall be exempt from this section; provided, however, that any
property so divided which is resubdivided or further divided on or after January 10, 1989,
shall not be exempt from this section. For agricultural/residential subdivisions within the
rural area of Collier County as defined herein, refer to subsection 4.03.04 I., below,.
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Also see "lot of record" in Chapter 1,
I. The division of property, occurring prior to July 15, 1998, meeting the definition of rural
subdivision shall not require the subdivider to record a final plat nor comply with the
subdivision regulations provided in section 4,03,00, Nor shall the division of property
occurring after July 15, 1998, in the rural area require the property owner to record a
final plat nor comply with the subdivision regulations provided in section 4.03.00, if the
property so divided has been the subject of a rezoning hearing by the BCC within the 24
month period preceding July 15, 1998. The subdivision of properties occurring after July
15, 1998 shall not be exempt from platting and filing a preliminary subdivision plat (PSP).
However, the applicability of all required subdivision improvements and standards as set
forth in section 4.03.00, required improvements, of this LOC shall be determined by the
County Manager or designee on a case by case basis, The applicant, through the
preliminary subdivision plat (PSP) process may request waivers from certain "required
improvements", The subdivider and purchaser of property meeting definition (a) of rural
subdivision shall comply with section 4.03.03 of this LOC. The division of property not
meeting the definition of rural subdivision is required to comply with all requirements of
section 4.03.00.
4,03,04 Lot Line Adjustments
An asj",~tment of a lot line Between Genti€l"'ou~ lots er ~arGels WRiGR may be ~Iattes er un~lattes
ans WRiGR aro ",nser se~arate eWRershi~ er tRe same ownershi~ sRall BO Emam~t frem tRis
seGtien if all ef tRe felle'NiA€l oORsitieRs aro mot. PreGes",res fer semeAstmtioR ef Gom~lianGe
with the fellewing oonditions aro sot fertR iA CRoptor 10,
A. It is semeR~trates tRat tRe rBEl",eGt is te GerreGt aR eA€liReering er surve)'iA€) errer in a
rOGerses ~Iat er is te ~ermit an ins"'BstaAtial Be"'Asary GRaA€le Between adjaGeAt
~arGels; ans
B. BetR laAsewAers whese let IiAes are Bein€l a(jjustas prG'Iise written Gensent to the let
1J1!i~,.a~j~Slfl!\~Rl;ans
C. Instr",ment(s) e'/isenGin€l tRe let line asjustment sRall Be mod in tRe ef/iGial reGords of
Cellier Ce"'Al)', Flerisa, u~en a~~re'lal, aAs sRall iRsiGote thot tRe result ef tRO let lino
a(jjustment will meet tRe staAsarss of, aAs GeRferms te, tho rBEl",iremeAts of this LOC,
inGI",sin€l the siFAensienal reEl",irements ef the zeAin€) sistriot ans tRe s",ssivisien in
WRiGR tRe lots are leGotos. Hewever, in eases ef an e)(istin€) AeAseAfermiA{I let ef
reser.a ,tRe asj",stment sRoll net inc::rease tRB nonGonfermity of the let; ons
O. It is demenstrated that the lot line adj",stment will not affeGt tRe de"elo~ment ri€)Rts or
~ermittes sensil)' or intensity of ",se of tRO of/oetas lots BY ~revisiA€) tRO e~~ert"'nity to
ereate a newlet(s) fer resale er sevelo~monl.
A. The lot line adiustment procedure is used to relocate a sinqle existina common propertv
line between two abuttinll lots or lots of record, The adiustment mav be approved
provided the follow ina conditions are met.
1. Both landowners whose lot lines are beina adiusted shall provide written
consent to the adi ustment: and
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2, No additional lots or buildin!l sites or residential density may be created; and
3. Resultant lots and lot lines shall conform with the minimum size and dimensions
of the zonino district in which thev are located; and
4, Nonconformin!l situations (e.o. lots, structures or uses) shall not be created
nor shall existino nonconforminQ situations be exacerbated: and
5, No additional buildinQ area shall be created.
B. Within 30 days of approval of a lot line adiustment. instruments evidencinq the lot line
adiustment shall be recorded in the official records of Collier Countv or else the approval
becomes null and void.
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10,02,02 Submittal Requirements for All Applications
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B. Subdivision exemptions.
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8, Lot line adjustment/reconfiguration (see section 4.03.04). .'\n aajHstmont of a IQt
IinQ bol\vmlR GQnti,,~o!;s lets Qr llarGols WRiGR may be plattod or !;nplattoa ana
',VRiGR arc unaor separate Qwnership Qr the same o'!:neFsRill shall be 8)(8mpt
from this seetion if all Qf tRe fellQwing conditions arQ mot in a wriUon roquost to
the on"inoerin" review diroGtor.
a, It is asmonstratod tRat tho ro~!;est is to GorreGt an on€!ineerin" or
survoyin" error in a reeordod plat or is te Ilermit an ins!;bstantial bo!;ndary
eRan€!e bel\'.'oen Qaj aGont pareels; and
b. BQtR landowners whose let lines aro boin€! aajustod provide written
eQnsont to tho'E!!Lli"'~iil!illll~tl'l'l~l'Il; anB
e. Instr!;ment(s) o'/idonein" tRe lot line a8j!;stment sRolI be filoa in tRe official
mGoras of Collier Co!;nty, ~Ioriaa, ~PQn allwoval, and sRall indieato that
tho ros!;lt of 11010 lot line a8j!;stmont ':Jill meot tRe stanaaFds Qf, and
eonforms to, tho re~Hirements ef tRis LOC, insl!;ain€! tho Bimonsional
Fo~!;iroments of tRe zonin" aistriet ona tRo sHbaivision in WRiGR tRe lots
aro locatea. !-loV/over, in Gases of an m<isting nensenferming let of
recerB ,tRo aaj!;stment shall not inGmaso tho noneonformity of thQ lot;
aflG-
a. It is aemonstratea tRat tho lot Iino a8jHstment will not affeet tRe
aevelopm ent ri"hts or PQrmittoa aonsity or intensity of HSO of tRe affeetea
lots by providing tRo ollllort!;nily to eroato a now let(s) for resalQ or
aovolollm ant.
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LDC Amendment Request
ORIGIN: CDES
AUTHOR: Catherine Fabacher, AICP
DEPARTMENT:
Zoning & Land Development Review
AMENDMENT CYCLE: 2009 Cycle 1
LDC PAGE:
LDC5:2I-24
LDC SECTION(S): 5.04.05 Temporary Events
CHANGE: Rewrite beginning of section for clarification and to conform to the new provisions
inserted from section 5.06.00,
REASON: The sign code was revised as a result of provisions found to be in violation of the
First Amendment by federal circuit court, Provisions for temporary signs have been removed
from the sign code and relocated in section 5.04,06 Temporary Signs, When the new provisions
were inserted during the sign code revision, the rest of section became disjointed and confusing;
therefore, the section has been reorganized.
FISCAL & OPERATIONAL IMPACTS: None,
RELATED CODES OR REGULATIONS: 5.06.00 SIGN REGULATIONS AND
STANDARDS BY LAND USE CLARIFICATION.
GROWTH MANAGEMENT PLAN IMPACT: None,
OTHER NOTES/VERSION DATE: Created on June 26, 2009. Revised August 23, 2009.
Revised 10/28/09 per DSAC/LDR.
Amend the LDC as follows:
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CHAPTER 5 SUPPLEMENTAL STANDARDS
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5,04.01
5.04.02
5.04.03
5.04.04
5.04,05
5.04.06
5.04.07
5.04.08
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5.04,00 Temporary Uses and Structures
Temporary Use Permits
Interim Agricultural Uses
Temporary Uses During Construction
Model Homes and Model Sales Centers
Temporary Events
Temporary Signs
Annual Beach Event Permits
[Reserved]
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5.04.00 TEMPORARY USES AND STRUCTURES
5,04.01 Temporary Use Permits,
A. Purpose and intent. Based upon the nature of some uses, their impact on adjacent
uses, their compatibility with surrounding properties, and the length of time a use is
intended to function, there is an identified need to allow certain temporary uses within a
development site, and to provide for other types of temporary uses such as special
events, sales and promotions, It is the intent of this section to classify temporary uses
and to provide for their permitting,
B, General. The County Manager or designee, may grant a temporary use permit for
requests that demonstrate compliance with the intent of this section and Chapter 5 of
the Code, Approvals for such requests shall be based upon, but not limited to, the
applicant's description of the temporary use, the intended duration of the use, hours of
operation and the impacts of the proposed temporary use on adjacent properties
5,04,02
Interim Agricultural Uses
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5.04,03 Temporary Uses During Construction
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5,04,04 Model Homes and Model Sales Centers
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5,04,05 Temporary Events
A. Special Events,
1, Sales and Promotional Events.
a. A temporary use permit is required for temporary sales and/or
promotional events on non-residential property, such as grand openings,
going out of business sales, special promotional sales, sidewalk sales,
overstock sales, tent sales, or other similar uses for sales and
promotional events related to the principal activities in operation at the
subject property, unless otherwise provided for in this section.
b. A temporary use permit for sales or promotional events shall meet the
procedural requirements of Section 10.02.06.
c. In support of the proposed temporary sale or event, temporary signs,
merchandise, structures, and equipment may be placed subject to
approval of a site plan depicting same.
i. Temporary signage shall be subject to the restrictions set forth in
section 5.04.06.
ii. All temporary structures and equipment, merchandise, or
placement and parking of vehicles in conjunction with the
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temporary sale, shall conform to the minimum yard requirements
of the zoning district in which it is located.
iii. A building permit may be required for the erection of temporary
structures.
d. Temporary use permits for sales may be issued to the owner(s) of a
commercial establishment, or to the tenant(s) operating within a
commercial establishment with the approval of the property owner or
property manager, provided said tenant provides documentation of a
current annual lease with the property owner. Uses permitted by an
approved temporary sales permit shall be operated by the property owner
or tenant(s), except as provided for in sections 5.01,05(/\)(5) 5.04dll5
A,1,Q, and 5.04.05(.'\)(8) 5,04.05A.1.h, below.
e. Temporary use permits for sales shall be restricted to those zoning
districts in which the sale of the items would normally be permitted.
Further, the sales activity permitted by the temporary use permit shall be
related to the principal commercial activities in operation on the subject
property, except as provided for in subsections 5,04,05(.'\)(5) 5,04,05
At,Q, and 5.04.05(.^.)(5) 5.04.05ALh. below.
f, Special event temporary use permits shall not be issued for undeveloped
properties, with exception to pre-construction ground breaking events
with a valid development order.
g. The County Manager or designee may issue temporary use permits for
satellite locations subject to the applicable restrictions set forth in this
section, provided the applicant currently operates a business from a
permanent, approved commercial location within the County. Additionally,
the purpose of the temporary sale shall be the same as the principal
purpose of the existing commercial business of the applicant.
h. The County Manger or designee may, in determining a specific benefit to
the public, grant a temporary use permit to facilitate the sale of an item or
items not generally available within a specific planning community,
subject to the applicable restrictions set forth in this section.
2. Sports, religious, and community events.
a. A temporary use permit is required for sports, religious, community, or other
similar events sponsored by profit, nonprofit, charitable, civil, or membership
organizations, on lands not specifically developed and approved for such
activities on a regular basis. The County Manager or designee may grant
nonrenewable, temporary use_permit of up to 1i...days duration for such
events,
b. Temporary use permits of this type may, in support of the use being
permitted, include the placement of temporary signs, merchandise,
structures and equipment, and a mobile home as an office, but not for
residency,
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i. Temporary signage shall be subject to the restrictions set forth in
section 5.04.06.
ii. A building permit may be required for the placement and/or
erection of temporary structures.
c, Temporary use permits in this category shall be restricted to those zoning
districts in which the use would normally be permitted, unless otherwise
approved by the Board of County Commissioners via a public petition
request.
d. The County Manager or His designee shall accept without fee, temporary
use permit applications for sports, religious, community or other similar
events, upon presentation of documentation that the sponsor of the event
is a bona fide nonprofit organization and the event is intended to benefit
the community at large or a specific group of individuals. Two such
events per calendar year per organization are eligible for this permit.
3. Special Event time limits.
a, The County Manager or designee may grant nonrenewable temporary
use permits of up to 14 days duration, such that during any calendar year
the sum total duration of all permits for such events for that location does
not exceed 28 days.
b, For multiple occupancy parcels with 10 or more tenants the total duration
of all such permits shall not exceed 42 days per calendar year.
c. Temporary use permits for special events may be extended up to an
additional 4 weeks when approved by the Board of County
Commissioners. Such approval may be subject to stipulations and
additional constraints which shall be noted as conditions of the permit
and the permittee will be required to sign a notarized agreement to abide
by such conditions.
B. Temporary season a/ sales. A nonrenewable fivo (5) 5-week temporary use permit may
be issued for seasonal and holiday-related temporary sales subject to the following
restrictions.
1. Temporary use permits for seasonal sales may be issued.Q!l)y for the following
seasonal/holiday related items:
a. Christmas trees.
b. Fireworks (subject to the issuance of an approved permit by the
jurisdictional fire district).
c. Pumpkins.
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2. Temporary use permits for seasonal sales may be issued on improved or
unimproved properties.
3. The applicant shall provide a notarized letter from the property owner or
property manager granting permission to utilize the subject property for the
temporary seasonal sales.
4. Temporary use permits for seasonal and/or holiday sales may, in support of the
use being permitted, include the placement of signs, merchandise, temporary
structures, and equipment.
i. Temporary signage is subject to the restrictions set forth in subsection
5.04.06 C.2.
ii. A building permit may be required for the erection of temporary
structures~
C. Garage sales: In the case of garage sales, lawn sales, and other similar temporary sales
to be held at private homes, churches and other places of worship, community centers,
or other nonprofit residentially zoned institutions, the County Manager or designee may
issue one 2-day permit for such events during each 6 month period.
5,04,06 Temporary Signs.
A. A temporary use permit is required for the placement of any temporary ground sign,
snipe sign, or banner that is not otherwise lawfully permitted. Temporary signs shall be
allowed subject to the restrictions imposed by this section.
1, The County Manager or designee may issue temporary sign permits, classified
by use, as necessary to adequately address each of the temporary signs
described within this section. For each permit type the nonrefundable fee shall
be as established in the fee schedule for the services performed by the
Community Development and Environmental Services Division.
2. Temporary signs and banners shall not be erected prior to
appropriate temporary use permit. and l'Alolst sh~11 be rem
tEl the expiration date of the temporary use 'petn1it authori
3. Standards applicable to all temporary signs.
a. Temporary signs and banners permitted by authority of this section shall
not be placed within any public right-of-way.
i. Sign placement shall not obstruct or impair the safe visibility,
ingress, or egress of pedestrians and motorists.
b. The occupant of a lot, parcel, multi-tenant parcel or mixed use building,
may display 1 on-site temporary sign; a second such sign may be
displayed on a property having a second street frontage.
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c. Absent specific standards to the contrary, temporary signs shall be
located onsite and no closer than 10 feet to any property line.
d. Temporary signs and banners shall not be erected prior to obtaining the
appropriate temporary use permit and must be removed by the expiration
of the temporary use permit.
e. Temporary signs and banners used on nonresidential or mixed use
properties shall not exceed 32 square feet in sign area or 8 feet in height.
f, Temporary signs used on residentially zoned properties shall not exceed
4 square feet in area or 3 feet in height.
B. Temporary Sign Permit Types and Standards.
1, Temporary Events, A temporary use permit for a temporary event, issued per
section 5.04.05" shall allow for the placement of temporary signage as classified
and regulated herein.
a. A "sign only" temporary use permit may be issued for temporary ground
signs and banners used to promote a sale, event, or activity not requiring
a temporary event temporary use permit per section 5.04.05 of this Code.
Such uses include, however are not limited to, study or course offerings,
vacation camp, non-public indoor events, and sales events occurring
within the confines of an established business,
I. "Sign only' temporary use permits will be allowed, regulated, and
enforced as special event signs.
il. Time limits for 'sign only' temporary use permits shall be the same
as those for special events, see subsection 5.04.05 A.3.
b. Special event signs.
I. Special event signs shall be erected not more than 15 calendar
days prior to the supporting event and shall be removed within 7
calendar days after the event has taken place.
c, Seasonal sales signs.
d. Garage sales signs, Two temporary signs may be placed on the property
where the sale is being conducted,
2. Grand Opening signs. A one-time 14-day nonrenewable, grand opening sign
only temporary use permit may be issued upon the opening of a new business,
or the approved relocation of an existing business.
a A current valid Collier County Business Tax Receipt or an approved Land
Use and Zoning Certificate (Non-Residential) may serve as evidence of
the new business, or location, opening.
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b, A separate permit is not required for a grand opening sign if being placed
in conjunction with a special event temporary use permit issued per
subsection 5.04,05 A.1.
c. A grand opening sign-temporary use permit may only be obtained within
the first 3 months of establishing a new business or location.
d, A grand opening sign is limited to an anchored banner.
e. A sign only temporary use permit for a grand opening sign shall be
exempt from the annual time limitations identified in subsections 5.04.05
A,3.a. and 5.04.06 C.1.a.ii.
3, "Coming Soon Signs." A onetime non-renewable temporary use permit may be
granted, for a coming soon sign located within a non-residential zoning district,
subject to the following:
a, As applied in this section, a coming soon sign is defined as a ground
sign used to inform the public of the intended opening of a new business.
b. A temporary use permit for a sign shall not be issued until the applicant
has applied for a building permit for the principal structure.
c. The temporary use permit number shall be placed at the base of the sign
not less than Y2 inch from the bottom.
d. The sign shall not be displayed for a period more than 6 months from the
issuance of the temporary use permit or until the issuance of a permit for
the permanent sign, whichever occurs first. The nonrefundable fee for
this temporary use permit shall be as set forth in the fee schedule for the
services performed by the Community Development and Environmental
Services Division.
4. Temporary business identification signs. A temporary use permit allowing for the
temporary placement of a sign solely for the purpose of displaying a business
name for an existing business undergoing a permitted renovation, remodel, or
repair that would require the temporary removal of an existing legally conforming
sign.
a. As applied in this section, the sign must be constructed of wood, plastic,
or other similar material, may not be a banner sign, and is limited to 16
square feet.
b, If placed in a shopping center or multiple occupancy building, the
temporary sign for each business must be of similar color, lettering, and
style.
c, The sign may be affixed to the building or free-standing in front of the
building so long as the sign does not obstruct or interfere with pedestrian
or vehicular traffic, parking or fire lanes, or access to adjacent units.
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d. The sign may remain in place for no longer than 120 days, or until
construction has been completed, whichever occurs first.
5. Temporary sign covers. A non-renewable temporary use permit is required to
erect a temporary sign cover over an existing sign unless otherwise provided
herein. Temporary signs shall be allowed subject to the restrictions imposed by
this section.
a. A sign cover made from white vinyl or canvas may be authorized for an
existing ground or pole sign for 120 days, after which time the cover shall
be removed, regardless of whether or not the sign face has been
replaced,
6. Election and Referendum signs. Signs for elections and referendums shall be
permitted subject to the following requirements:
a. A bulk temporary permit shall be obtained prior to the erection,
installation, placement, or display of signage before elections and
referendums. The fee for the bulk permit shall be as set forth in the fee
schedule for the services performed by the Community Development and
Environmental Services Division.
b, The bulk permit number shall appear on every sign or on the pole
supporting the sign.
c. All signs for which the permit is issued shall be removed within 7 days
after the event. Each sign not removed within the required time shall
constitute a separate violation of this Code. The permittee will be subject
to issuance of a citation for each violation from the Collier County Code
Enforcement Board.
d. Signs erected within residentially zoned or used property shall not
exceed 4 square feet in area and 3 feet in height, and shall be located
on-site and no closer than 5 feet to any property line,
e. In all other zoning districts, signs shall not exceed a maximum sign area
of 32 square feet per sign, and shall be located no closer than 10 feet to
any property line, The quantity of such signs shall be limited to 1 sign for
each lot or parcel per bulk permit issued.
i. In addition to a bulk temporary use permit, a building permit shall
be required for each installed sign.
ii. All supports shall be securely built, constructed and erected to
conform to the requirements of the Florida Building Code
iii. The maximum height of any sign or poster shall be limited to 8
feet, except for signs affixed to the surface of a building wall.
5,04,07 Annual Beach Events Permit
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A.. The owner of beach-front commercial hotel-resort property shall apply for an annual
beach events permit. The County Manager or his designee, or his designee, may grant
the permit following review of an application for such permit. The application shall be
submitted on the form prescribed by Collier County together with the applicable fee for
the number of planned annual beach events as indicated on the permit form and
exhibits thereto. Permits issued pursuant to this section are not intended to authorize
any violation of F.S, S 370.12, or any of the provisions of the Endangered Species Act of
1973, as it may be amended.
B. For purposes of this section, a "beach event" shall mean and refer to any social,
recreational or entertainment event (whether public or private), conducted on the beach
and satisfying one or more of the following criteria:
1. The event involves the use of dining/picnic tables and chairs, serving tables, or
other ancillary equipment typically used to serve an on-site meal; or
2, The event involves the use of staging equipment, amplified music, or the use of
other types of electrical equipment for purposes of enhanced light and/or sound;
or
3. The event:
(a) Is attended by 25 or more people and is organized by or with the help of
the commercial property owner; and
(b) Is of a nature not commonly associated with the day-to-day use of the
beach by the general public.
C. Notice of scheduled events:
1, On or before the 25th day of each calendar month, the holder of such permit
shall cause Collier County to be furnished with written notice of all beach events
scheduled for the following month, in the form and content made a part of the
annual beach events permit application. The notice shall indicate the date, time
and duration of each event.
2, If a beach event is scheduled after the monthly notification has been furnished to
Collier County, the property owner shall furnish the county with a separate
written notice at least 48-hours prior to such event.
3. All notices or documents furnished to Collier County pursuant to the permit or
these regulations shall be sent to Collier County Planning Services Department
and for events that occur during sea turtle nesting season, to the Collier County
Natural Resource Department as well.
D. Event cancellations and postponements:
1. If a scheduled beach event is canceled or postponed, the property owner shall
furnish Collier County with written notification of such cancellation or
postponement. It is understood that weather conditions may cause last minute
cancellations, however the property owner shall make every effort to notify the
county staff a minimum of four hours prior to the scheduled event time. If such
event is rescheduled, notice of the date and time of the rescheduled event shall
be provided,
2. If a beach event is canceled or postponed, and no other beach events are
scheduled for the date of the canceled/postponed event, and Collier County has
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been notified of such cancellation or postponement, then the canceled or
postponed event shall not count towards the maximum number of beach events
authorized by the permit.
E. Sea turtle nesting season. Annual beach events which occur during sea turtle nesting
season (May 1st through October 31st of each year) are also subject to the following
regulations:
1. All required Florida Department of Environmental Protection (FDEP) field
permits, shall be obtained and a copy furnished to Collier County prior to the time
of the scheduled event as set forth in section e,01,06(C;}5.04JOv(C1,
2. Consistent with section 10.02.06, and the Code of Laws of Collier County, no
structure set up, or beach raking or mechanical cleaning activity for any
particular beach event shall commence until after monitoring conducted by
personnel with prior experience and training in nest surveys procedures and
possessing a valid Fish and Wildlife Conservation Commission Marine Turtle
Permit has been completed.
3. Prior to all scheduled beach events, every beach event permit holder is required
to rope off (or otherwise identify with a physical barrier) an area with no less than
a 15-foot radius out from each sea turtle nest that has been identified and
marked on a beach, unless a greater distance is required by an applicable state
permit.
4. Use of vehicles on the beach is prohibited, except as may be permitted under
Section 10.02.06 I.
5. Consistent with section 10.02.06, all materials placed on the beach for the
purpose of conducting permitted beach events: 1) must be removed from the
beach by no later than 9:30 p,m, of the date of the event; and 2) no structures
may be set, placed, or stored on, or within ten feet of any beach dune, except
that materials may remain in an identified staging area until 10:00 p.m. The
location and size of all staging areas will be as identified in the permit.
6. All lights that are visible from the beach and cast a shadow thereon shall be
turned off by no later than 9:00 p,rn, of the date of the event.
7. Identification of sea turtle nests on the beach may cause the beach event to be
relocated from its planned location or to have additional reasonable limitations
placed on the event pursuant to the recommendation of Collier County staff in
order to protect the identified sea turtle nests in this permit; except that county
staff may relocate a staging area as provided for in section fij,Q1,Q65JM,O'7', as
part of its daily sea turtle monitoring.
8, Pole lighting, and any other object or structure designed to penetrate the beach
surface by more than three inches shall be subject to the approval of the FDEP
and Collier County,
9. A copy of all notices required by any permit or these regulations must also be
provided by the permit holder to the County Manager or designee.
Note: When a state permit is more restrictive than the Code requirements, the
State requirements shall supersede, and the county shall enforce these
requirements.
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F. Penalties. Notwithstanding the penalties set forth elsewhere in this Code, the following
violations of this section are subject to the following penalties, except that the annual
beach events permit may not be suspended or revoked:
1. Violations which do not occur during sea turtle nesting season, i.e., occur outside
of sea turtle nesting season, are subject to up to a $500,00 fine per violation.
2. Violations which occur during sea turtle nesting season and are:
a. Any activity that may cause immediate harm to sea turtles or their nesting
activities; which include, but are not limited to the following: 1) setting up
a beach event prior to daily sea turtle monitoring; 2) failing to remove
beach event materials from the beach by 9:30 p.m.; 3) failing to have
lights, so required, turned out by 9:00 p.m,; or 4) not placing additional
barriers around nests as required by section 5.04.06; are subject to the
following penalties:
First violation: $1,000.00 fine,
Second violation: $2,500.00 fine.
Third or more violation: $5,000.00 fine.
b. Any activity that would not cause immediate harm to sea turtles or their
nesting activities; which include, but are not limited to the following: 1)
failing to notify the county of a beach event; 2) failing to provide the
county with copies of Florida Department of Protection permits prior to
each beach event; or 3) having beach event materials or related
structures set, placed, stored on, or within ten feet of any beach dune;
are subject to up to a $500.00 fine,
(Ord. No. 05-27, 9 3.CC)
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F, On-premise signs. On-premises pole signs, ground signs, projecting signs, wall
signs, and mansard signs shall be allowed in all nonresidential zoning districts subject
to the restrictions below:
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9. On-premises directional signs may be permitted within nonresidential zoning
districts intended to facilitate the movement of pedestrians and vehicles within
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the site upon which such signs are posted. On-premises directional signs
shall not exceed 6 square feet in area and 4 feet in height. On-premises
directional signs shall be limited to 2 at each vehicle access point and a
maximum of 4 internal to the development. Internal signs are not intended to
be readily visible from the road,
a. Directional signs located internal to the subdivision or development
shall maintain a minimum setback of 10 feet from the edge of the
roadway, paved surface or back of the curb, as applicable,
b. Directional signs may be combined into a single sign not to exceed 6
feet in height and 64 square feet in area. Such signs shall require a
building permit.
10. On-premise signs within agricultural districts.
a. In the rural agricultural area designated on the future land use map of the
growth management plan. On-premises signs shall be permitted within
agriculturally zoned or used property, for agri-commercial uses defined
within the Collier County zoning ordinance only, and subject to the
following restrictions:
i. One pole or ground sign, located at the entrance or gate of each
street frontage. The maximum allowable sign area for each pole
or ground sign shall not exceed 100 square feet with a maximum
height of 20 feet, and shall be located a minimum of 15 feet from
any property line, public or private right-of-way or easement.
b. On-premises signs within agricultural zoning districts in the urban area
shall comply with the requirements of section 5.06.04 of the Land
Development Code.
c. Wall, mansard canopy or awning signs within agricultural districts.
Wall, mansard, canopy or awning signs shall be permitted within
agriculturally zoned or used property, for agri-commercial uses defined
within the Collier County Land Development Code, and subject to the
following restrictions:
i. One wall or mansard, canopy or awning sign shall be permitted
for each principal use structure on the parcel. Corner parcels
or double-frontage parcels shall be allowed 1 sign per street
frontage, but such signs shall not be combined for the purpose
of placing the combined area on one wall. The maximum
allowable display area for any sign shall not be more than 20
percent of the total square footage of the wall to which it is affixed,
and shall not in any case exceed 250 square feet in area per sign.
11. Illuminated signs. All illuminated signs shall have electrical components,
connections, and installations that conform to the National Electrical Code, and
all other applicable federal, state, and local codes and regulations, Further,
lighted signs shall be shielded in such a manner as to produce no glare, hazard
or nuisance to motorists or occupants of adjacent properties; nor be reflective or
fluorescent; and shall have a steady non-fluctuating or non-undulating light
source.
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12, Mobile billboard. It shall be unlawful for any person to display any mobile
billboard.
13, See section 5,05.05 of this Code for signage regulations for automobile service
stations.
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10.02.00 APPLICATION REQUIREMENTS
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10.02.06 Submittal Requirements for Permits
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G. Temporary Use Permit Requirements and Issuance, See section 5,04.00 of the LDCJor
temporary use permit classifications and restrictions.
1. Applications for temporary use permits shall be submitted to the County Manager
or designee in writing on a form provided by the Zoning and Land Development
Review Department.
2. Submittal Requirements, The temporary use permit application and appropriate
required plan shall be submitted together with the applicable nonrefundable fee,
as indicated in the CDES fee schedule, and approved prior to or simultaneously
with the submission of a building permit application, if required,
3. A conceptual site plan (CSP) is required for special events and seasonal sales.
For improved and unimproved properties the site plan must demonstrate that
provisions will be made to adequately address each of the following:
a. Vehicular and pedestrian traffic safety measures.
b. Adequate on-site or additional off-site parking areas shall be provided as
follows.
i. A maximum of 10 percent of the parking required by section
4,05,04 of this Code may be occupied or otherwise rendered
unusable by the placement of temporary structures, equipment,
and merchandise.
ii. The minimum required number of handicapped parking spaces
pursuant to section 4,05.07 shall remain available for use.
c. Limited activity hours.
d. Watchmen, fencing and lighting.
e. Fire protection measures.
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f. Sanitary facilities.
g. If required, a faithful performance bond to guarantee compliance with the
conditions of the permit.
4. Review procedures.
a, Based upon the information contained in the application, the County Manager
or designee may approve, approve with conditions relative to the health,
safety and welfare of the public or deny an application. and may attach
conditions to the permit.
b. In the event an application is denied by the County Manager of designee,
the reason(s) shall be noted on the application and returned promptly.
5. Indemnification. The applicant shall be required to indemnify and hold harmless
Collier County, its officers, agents and employees from and against all claims,
suits, actions, damages, liabilities, expenditures or causes of action arising out of
or occurring during the activities of applicant under a permit issued hereupon in
the form and manner provided by the County Manager or designee.
6. Cancellations and postponements,
a. If a permitted event is canceled or postponed, the applicant shall furnish
Collier County with written notification of such cancellation or
postponement and the reason(s) for same. It is understood that weather
conditions may cause last minute cancellations; however, the applicant
shall make every effort to notify the county staff prior to the scheduled
commencement of said event. If the event is to be re-scheduled, notice
of the date and time of the rescheduled event shall be provided.
b. If a permitted event is postponed, the permit will be amended to reflect
the rescheduled event dates and a copy will be provided to the applicant
prior to the event.
c. If an event is cancelled and the County is notified prior to the initially
proposed commencement date the number of days used will not count
towards the maximum number of authorized days afforded for events by
the Code.
7. Suspension or revocation. Failure to comply with the terms and conditions of the
temporary use permit, once issued, shall be grounds for immediate suspension
of the permitted activity until such time as the noncompliance is remedied. A
permit may be revoked, without refund, for established public safety and welfare
issues. The suspension or revocation shall be initially communicated verbally,
followed by a written suspension or revocation order. The continued failure to
comply with the terms and conditions of a previously suspended permit may
result in the revocation of said permit.
8. Violations. The failure to obtain a required Temporary Use Permit, and/or the
failure to cease activities authorized by such a temporary use permit, including
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the removal of any displays, structures, merchandise, equipment, signs or
banners authorized by said permit, upon expiration, suspension, or revocation
shall establish a violation of this Code and shall be subject to the penalties
established within this Code.
9. Film Permit.
a. Permit required. A permit shall be required for the following activities
taking place, in conjunction with commercial motion picture, film,
television, video or still photography production: the use of set scenery,
temporary structures or other apparatus, special effects, or closure of
public streets or accessways. This Code shall not apply to bona fide
newspaper, press association, newsreel or television news media
personnel, nor to properties that have been zoned to allow motion
picture/television filming as a permitted use.
b. App/ication for permit; contents. Any person, firm, corporation,
association or governmental entity desiring to obtain a permit shall apply
to the County Manager or his designee; and said application shall include
but not be limited to the following.
i. Name, address (including local address) and telephone number of
applicant.
ii. Proof of comprehensive general liability insurance coverage in the
amount of at least $1,000,000.00 combined single limit, with
Collier County named as an additional insured. The applicant shall
provide to the County Manager or his designee a certificate of
insurance evidencing that said insurance is in effect and certifying
that Collier County be given 30 days' notice prior to the expiration
or cancellation of the policy,
iii. Special effects to be utilized, especially incendiary or explosive
devices, with proof of not less than $5,000,000.00 comprehensive
general liability insurance combined single limit with Collier County
listed as additional insured. In addition, the application shall list
the person in charge (pyrotechnician) of such special effects,
together with his qualifications and license from the applicable
federal and/or state agencies, and authorization from the local fire
district permitting the event.
iv. Locations, dates and hours of filming.
v. The following information is required by the County Manager or
his designee, unless waived:
a) A conceptual plan indicating the location of film events and
parking facilities provided,
b) Plans for construction or utilization of structures on subject
site(s).
c) Number, type and location of sanitation facilities to be
provided. Plans for disposal of refuse and debris, and
restoration of the site(s) to its original condition,
d) A description of any lighting facilities that would be
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necessary andlor the need to disconnect any public
lighting,
e) A description of any use which may encroach into
environmentally sensitive areas,
f) Approximate number and type of vehicles andlor
equipment to be used and any special parking
requirements. The number of personnel to be on location
with the production.
g) Necessity for closures of public streets or sidewalks and
for what duration and location.
h) An indication of any utilization of aircraft/fixed-wing,
helicopter, or balloons at the subject site(s).
i) List of county personnel or equipment requested, and an
agreement to pay for extraordinary services provided by
Collier County.
j) Provisions for traffic control, fire safety and security
precautions.
k) If located on private property, not under the county's
ownership or control, a written notarized agreement from
the property owner to allow the filming to occur on his
property,
I) Additional information requested to assist Collier
County in obtaining future film production,
c. Insurance requirements, The applicant shall maintain in force at all times
during the permit period, a comprehensive general liability policy with
limits other than those described in sections 10.02.06 G.3.b.ii. and b.iii.
above of this Code as determined by the risk management director upon
a review of the particular circumstances involved. Said applicant shall
provide to the County Manager or his designee a certificate of insurance
as evidenced that said insurance is in existence and certifying that Collier
County is a named insured, and that Collier County be given 30 days'
notice prior to the expiration or cancellation of the policy. Any additional
insurance requirements for filming on private property will be at the
discretion of the affected property owner.
d, Indemnification. The applicant shall be required to indemnify and hold
harmless Collier County, its officers, agents and employees from and
against all claims, suits, actions, damages, liabilities, expenditures or
causes of action arising out of or occurring during the activities of
applicant under a permit issued hereupon in the form and manner
provided by the County Manager or his designee.
e. Permit fee, No permit fee shall be required. Any additional license or user
fees which have been established for county-owned land or facilities shall
be in effect.
f, Issuance of permit. Upon presentation of the completed application, proof
of insurance, payment of permit fee, surety bond or cash payment in lieu
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of the bond and review by the County Manager or his designee, the
permit may be issued. If the County Manager or his designee determines
that the use of public or private property could affect the public's use of
the property, or have potential adverse impacts on surrounding
properties, then he may require that the permit application be scheduled
for a public hearing before the Board of County Commissioners. The
special circumstances could include, but are not limited to, closure of a
public street or accessway; use of special effects, including incendiary or
explosive devices; a large production crew or crowd control; and
increased liability insurance required. The notice for the public hearing
shall be advertised in a newspaper of general circulation in the county at
least 1 time 15 days prior to the hearing.
g, Suspension of permit Failure to comply with the terms and conditions of
the temporary use permit once issued shall be grounds for immediate
suspension of the permitted activity until such time as the noncompliance
is remedied. The suspension shall be initially communicated verbally,
followed by a written suspension order; and continued failure to comply
with the terms and conditions of the permit may result in revocation of the
permit.
h, Costs for extraordinary services, The county shall recover direct costs for
extraordinary services rendered in connection with a production. Such
costs shall include, but not limited to, charges for personnel and/or
equipment committed in support of the production which are outside the
normal scope of government services. Based on the information
contained in the permit application, an estimate of these costs will be
provided to the applicant prior to issuance of this permit. The county may
require prepayment of all or a portion of these estimated costs prior to
issuance of the permit. At the conclusion of the production, actual costs
below or in excess of the estimates will be refunded by the county or paid
by the applicant, respectively.
i. Surety bond, A surety bond in an amount to be determined by Collier
County and issued by a company authorized to issue bonds in Florida or
cash payment in lieu of the bond may be required by the County Manager
or his designee to provide for cleanup and/or restoration of the subject
site(s),
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10. Annual beach events which occur during Sea Turtle Nesting Season (May 1 st through
October 31st of each year) are also subject to the following regulations:
A. All required Florida Department of Environmental Protection (FDEP) Field
Permits, shall be obtained and a copy furnished to Collier County prior to the
time of the scheduled event as set forth in section 5.04.06. 5.04.07.
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B. Consistent with section 5,01.0e. 5.04.07. no structure set up, or beach raking, or
mechanical cleaning activity for any particular Beach Event shall not commence
until after monitoring conducted by personnel with prior experience and training
in nest surveys procedures and possessing a valid Fish and Wildlife
Conservation Commission Marine Turtle Permit has been completed,
C. Prior to all scheduled beach events, every beach event permit holder is required
to rope off (or otherwise identify with a physical barrier) an area with no less than
a 15-foot radius around each sea turtle nest that has been identified and marked
on a beach, unless a greater distance is required by an applicable State permit.
D. Use of vehicles on the beach is prohibited, except as may be permitted under
section 5.01,Oe. 5.04.07.
E. Consistent with section 5.01.0e 5.04.07 all materials placed on the beach for the
purpose of conducting permitted Beach Events must be: 1) removed from the
beach by no later than 9:30 p.m, the date of the event; and 2) no structures may
be set, placed, or stored on, or within ten feet of any beach dune, except that
materials may remain in an identified staging area until 10:00 p.m. The location
and size of all staging areas will be as identified in the annual beach events
permit.
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LDC Amendment Request
ORIGIN: CDES
AUTHOR: David Weeks, AICP, Planning Manager
DEPARTMENT:
Comprehensive Planning
AMENDMENT CYCLE: 2009, Cycle 1
LDC PAGE:
LDC5:18
LDC SECTION(S): 5.04.04 Model Homes and Model Sales Centers
CHANGE: Amend Subsection 5,04.04.A. and B. to: (I) allow model homes and model sales
centers in all subdivisions within the A, Rural Agricultural zoning district, not just rural
subdivisions; (2) make model homes and model sales centers in the E, Estates and A, Rural
Agricultural zoning districts subject to the same requirements and standards as those in
residential zoning districts; and, (3) make corresponding minor edits for brevity.
REASON: To bring the LDC into conformance with the Golden Gate Area Master Plan
Element (GGAMP) of the Growth Management Plan (GMP); more specifically, the Estates
designation, Estates - Mixed Use District, Conditional Uses Subdistrict, Special Exceptions to
Conditional Use Locational Criteria provision (for the "E" zoning district). Also, for uniformity
in application of this LDC provision (for the A" zoning district).
GMP amendment petition CPSP-2006-13 was adopted on October 14,2008, In part, it amended
the GGAMP to mandate model homes in the Estates-Mixed Use District, as designated on the
GGAMP Future Land Use Map (all of which is located in Golden Gate Estates and, with rare
exception, is zoned "E"), be subject to the requirements of Section 5.04.04B. and C. The
GGAMP provision is below, with the specific text highlighted for emphasis.
2. ESTATES DESIGNATION
A. Estates - Mixed Use District
3. Conditional Uses Subdistrict
e) Special Exceptions to Conditional Use Locational Criteria
1, Temporary use (TU) permits for model homes, as defined in the Collier
County Land Development Code, ma be allowed an where within
Estates-Mixed Use District.
extEl!)~!~9
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theColli~ Ol.lnlY'~~ , Ordinance No. 04-41, as
amended, Such conditional uses shall not be subject to the locational criteria
of the Conditional Uses Subdistrict, and may be allowed anywhere within the
Estates-Mixed Use District.
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FISCAL & OPERATIONAL IMPACTS: None, Operationally, though not presently explicitly
required in the LDC, the County has been applying the requirements and standards of Subsection
5.04.04B. and C. to applications in the "A" and "E" zoning districts.
RELATED CODES OR REGULATIONS: Golden Gate Area Master Plan Element of the
GMP.
GROWTH MANAGEMENT PLAN IMPACT: The GMP only contains language explicit to
location of model homes applicable to the "E" zoning district. This LDC amendment will bring
this subsection of the LDC into conformance with that GMP provision,
OTHER NOTESIVERSION DATE: 7/17/2009
Amend the LDC as follows:
5,04.04 Model Homes and Model Sales Centers
A. Model homes and model sales centers are intended to facilitate the sale of the model
design or of products similar in design to the model. Model homes and model sales
centers shall be of a temporary nature and may be allowed in the following zoning
districts:
1. Any residential zoning district or residential component of a PUD. in the estates
zoning district, and in the agricultural zoning district as part of a Nf8I
subdivision, by the issuance of a te mporary use permit.
2, However, a model center as a permitted use within a PUD, and not located within
a dwelling unit or a temporary structure, such as a trailer, shall not require a
temporary use permit.
B. Model homes and model sales centers located within residential zoning districts, Gf
witAiA a residential component of a PUD, the estates zonina district. or the aaricultural
zonina district. shall be restricted to the promotion of a product or products permitted
within the FOsiElenliGI zoning district or PUD in which the model home or model sales
center is located and further subject to the following:
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C. All model home site plans shall adequately address the following standards:
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LDC Amendment ReQuest
ORIGIN: CDES
AUTHOR: Catherine Fabacher, AICP
DEPARTMENT:
Zoning & Land Development Review
AMENDMENT CYCLE: 2009 Cycle 1
LDC PAGE:
LDC5:21-24
LDC SECTION(S): 5.04.05 Temporary Events
CHANGE: Rewrite beginning of section for clarification and to conform to the new provisions
inserted from section 5.06.00.
REASON: The sign code was revised as a result of provisions found to be in violation of the
First Amendment by federal circuit court, Provisions for temporary signs have been removed
from the sign code and relocated in section 5.04.06 Temporary Signs. When the new provisions
were inserted during the sign code revision, the rest of section became disjointed and confusing;
therefore, the section has been reorganized.
FISCAL & OPERATIONAL IMPACTS: None.
RELATED CODES OR REGULATIONS: 5.06.00 SIGN REGULATIONS AND
STANDARDS BY LAND USE CLARIFICATION,
GROWTH MANAGEMENT PLAN IMPACT: None.
OTHER NOTES/VERSION DATE: Created on June 26, 2009. Revised August 23, 2009.
Amend the LDC as follows:
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CHAPTER 5 SUPPLEMENTAL STANDARDS
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5,04.01
5.04.02
5.04.03
5.04.04
5.04.05
5.04.06
5.04.07
5.04,08
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5,04,00 Temporary Uses and Structures
GSRerally (To Be Provises) Temoorarv Use Permits
Interim Agricultural Uses
Temporary Uses During Construction
Model Homes and Model Sales Centers
Temporary Events
^RR~al BeaGA EveRt Permits Temoorarv Siqns
Annual Beach Event Permits
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5,04.00 TEMPORARY USES AND STRUCTURES
5,04.01 GaR eFally (To Be Provided) Temoorary Use Permits.
A. Puroose and intent Based upon the nature of some uses, their impact on adiacent
uses, their compatibility with surroundinq properties, and the lenqth of time a use is
intended to function, there is an identified need to allow certain temporarv uses within a
development site, and to provide for other tvpes of temporarv uses such as special
events, sales and promotions. It is the intent of this section to classify temporarv uses
and to provide for their oermittina. [Hc+:>>'!ed I,: <~J)Cj c; '1'1
B. General. The Countv Manaqer or Ili&-desiqnee, mav qrant a temporarv use permit for
requests that demonstrate compliance with the intent of this section and Chapter 5 of the
Code. Approvals for such requests shall be based upon, but not limited to, the
applicant's description of the temporarv use, the intended duration of the use, hours of
operation and the impacts of the proposed temporarv use on adiacent properties,.......AU
asslisatienE fer a temserarv ~Ee sermit ERall insl~ae a oonsest~al site sian er a Eite
aevelesmont sian (SDP) as sreviaoa fer wilRin tRis sootioR. The a~~re~riato r-e~~irea
~Ian ana tem~erarJ ~EO ~ormil a~~lisalion sRall 130 E~l3mittea ana a~wevoa Wior to or
simultaneo~sly .....ilh tRe s~l3mission ef a 13~i1aing ~ermit a~~lisation, if roquirod.
(~, 1 J
5.04,02 Interim Agricultural Uses
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5,04.03 Temporary Uses During Construction
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5,04,04 Model Homes and Model Sales Centers
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5,04,05 Temporary Events
A. Tom~or.ary Sales. Special Events.
1. Sales and Promotional Events.
1,
a.
In tRe sase ef A temporarv use permit is required for temporary sales
andlor promotional events on non-residential propertv, such as grand
openings, going out of business sales, special promotional sales,
sidewalk sales, overstock sales, tent sales, or other similar uses
(Ol(CI~sive of !)ara!)e sales, la"m sales, and similar wivate Reme sales),
tRe Co~nty Mana!)or or aesi!)nee may !)r-Gnt nonronewal3l 0 ~ormits for
sales and promotional events related to the principal activities in
operation at the subiect propertv, unless otherwise provided for in this
section. of up to fo~rtoen (14) days duralien, s~oh tRat aurin!) any
calondar year tRe s~m tetal of all ~ormits for s~sh e'/ents fer Ihatlocnlion
aoos not Oloseea twenly ei!)hl (28) aaYE. .'\ mulli lenai'll l3~ilain!) of len
(19) or mere l3~sinossoE witR ann~al loases may ~lilizo a FRa"im~m of
forty !vie (42) says ~or calonaar year fer tom~erary EaloE. Tom~or-ary ~so
~ermits may bo permittea for ~~ te an additional four (4) weel{s when
a~~rovoa by Ihe BCC. S~sR spooial approval sRall l3e s~l3jeol te
sli~~lations or aaailional senstraintE aoemea nooessary ana a~~re~riate
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te tRe re{1~8st S~SR sti~~latiens er seA6traiAts S88mOS AOS8SSarj 9Y tRe
Bee sRall ge Aetes as seAsitiens te tho issuanse ef sais ~ermits, aAs tho
~ermiltee shall ge re{1~ires te sign a Aetarizes agreemeAt te 6ais
sti~~latien6 er seAstr-aiAt6.
b, A temporarv use permit for sales or promotional events shall meet the
procedural requirements of Section 10.02.06.
2.
c,
Tem~erary sal8s ~ermit6 may, in 6~~~ert ef tRe ~se being ~ermiltes,
iAsl~se tRG ~iasemeAt of eAe (1) sign, a maxifR~m ef tRirly tV/e (J2)
s{1~are feet, er twe (2) s~oh 6igns fer ~re~erti8s oontaining mere thaA ene
(1) street frontage. IA assitieA te tho allowa91e sigAs, fRerGhaAsis8,
tefR~eFary str~Gt~res, ans e{1~i~ment may 98 ~laG8s en the site. All
tefR~eFQry str~st~ros and e{1~i~ment, merchcmdi6e, er ~Iasement aAs
~arking ef vehiGles iA seAj~Astien .....ith the tem~Grary sale, shall seAferm
to tR8 minifR~m yard re{1~irefRent6 of tRe sistrist iA whisR it is lesated. If
the t8m~erary uso is Aet sisGentinuod ~~on 8l(piratioA ef tRe ~ormit, it
sRall ge seeme<:l a vielatieA ef tRi6 LDC aAS sRall ge s~9jest te tRe
~eAaltie6 Reroin.
In support of the proposed temporarv sale or event temporarv siqns,
merchandise, structures, and equipment mav be placed subiect to
approval of a site plan depictinq same.
I. Temporarv siqnaqe shall be subiectto the restrictions set forth in
section 5.04,06.
il. All temporarv structures and equipment merchandise, or
placement and parkinq of vehicles in coniunction with the
temporarv sale, shall conform to the minimum vard requirements
of the zoninq district in which it is located.
HI. A buildinq permit mav be required for the erection of temporarv
structures.
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d.
Temporary-sales use permits for sales may be issued to the owner(s) of a
commercial establishment, or to the tenant(s) operating within a
commercial establishment with the approval of the property owner or
property manager, provided said tenant provides documentation of a
current annual lease with the property owner. Uses permitted by an
approved temporary sales permit shall be operated by the property owner
or tenant(s), except as provided for in sections 5.04.08(.'\)(8) 5.04.05
!U.&. and 8.04.08(.'\)(6) 5.04.05 A.1.h. below.
4.
o.
Temporary-sales use permits for sales shall be restricted to those zoning
districts in which the sale of the items would normally be permitted.
Further, the sales activity permitted by the temporary use permit shall be
related to the principal commercial activities in operation on the subject
property, except as provided for in subsections 8.04.08(A)(8) 5.04.05
!U.&. and 8,04,08(A)(8) 5,04.05 A.1,h. below. The iS6~anse ef a
tefR~er-ary ~se permit6hall not be iss~e<:l for ~A<:levelepe<:l properties.
f. Special eventtemporarv use permits shall not be issued for undeveloped
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orooerties, with exception to pre-construction Qround breakinQ events with
a valid development order. ["ee above]
a.
Q.
The County Manager or designee may issue temporary use permits for
satellite locations subject to the applicable restrictions set forth in this
section, provided the applicant currently operates a business from a
permanent, approved commercial location within the County. Additionally,
the purpose of the temporary sale shall be the same as the principal
purpose of the existing commercial business of the applicant.
e,
h.
The County Manger or designee may, in determining a specific benefit to
the public, grant a temporary use permit to facilitate the sale of an item or
items not generally available within a specific planning community,
subject to the applicable restrictions set forth in this section.
7, /\ temperary sales permit sAall mest tAe precesural requiremeRts ef CAapter 10,
Tho applisaRt shall domeRstrats that prevision will l3e mase te ase~uately
assress easA ef tAe following:
a. VSAisular aRs pssastriaR traffis measures.
b. ^ssitieRal parltiRg rs~uirsmsRts, .^. maximum ef teR (10) pereeFlt ef tAe
parkiFlg re~uiras l3y ssstieR 4,01,00 ef tRis Cess may I3s eccupies or
otAerwise FeFlSeFeS uRusal3le l3y tAe plasemeRt ef temperary structures,
s~uipmsRt, sigRs, aRs mereAaRsise. Tho miRimum re~uires Fluml3er of
haRsisappes spases pursuant te sectieR 4.04.00 sAall remaiR availablo
fer usage,
c. Limites astivity Aeurs.
S, WatshmsFl. foFlsiRg, aRs Ii(jAtiRg.
0, Firs pretestieFl msasures,
f. SaFlitary faciiities.
€I. If re~uires, a faitAful perfermance bond to guarantee somplianco .....ith tho
seRsitieRs of tAis permit.
Gar-3€le sales: In tAS case of garags sales, lawn sales. aRs etAsr similar
tompoFary sales te l3e Asls at private homos. sllllrshes and other placos of
wersRip, commuRity seRters, er otAsr ReFlprofit resiseRtially zeRes iRstitutieRs,
the Ceunty Manager er sssignee may issue ene (1) twe (2) Lsay permit for
such oveFlts suriRg easA sh( (e) l! month poriod. Such permit may inclllse tho
use of temper-ary signs locatod eR tAe preperty WAere tAe sale is l3eiR(j Aels,
Iimites to a maximllm of two (2) ~ sigRs, no greatsr tAaR four (4) .1 s~uare foet
oaSA. ~Je signs sAall so placos in aR)' pul3lic rigAts of way. If tAO tompoFary use
is Ret sissoRtimws upon expiration ef tAe psrmit, it sAalll3s seRsissres a vielation
ef tAis LOC and sAal1 l3e slll3jest to tRe penalties Rerein.
O.O:?C)f; (3
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2. TemfJe;-ary sSports el'ents, reliaious el'ents, and communitv events.
a. In tRe ease ef A temporarv use permit is reauired for sports e'.'eRts,
religious events, community eveRts, or other similar events sponsored by
profit, nonprofit, charitable, civil, or membership organizations, on lands
not specificallv developed and approved for such activities on a reaular
basis. the The County Manager or I1is designee may grant 9.
nonrenewable temporarv use permits of up to 2 weel(s' 14 davs duration,
for such events. such that s~rin!j any ealeRdar year the s~m tetal ef all
~ermits fer s~eR eveRts sees Ret mleees 28 says. Tem~emry ~ermits
may l3e all ewes for an additieRal ~eries ef ~~ te 4 weeks when approved
by tRe Bears ef Ce~nty CommissieRers. S~eh G~ecial approval shall bo
s~9jeet te sti~~lati(lAs er assitioRal eeRstraiRts seemes neeessary aRs
a~~re~riate to the reEl~est. Such sti~~latioRs er eenstraiRts seemes
neeesc8ry 13'1 tRe Bears ef Ce~Rty CemmissisRers shall l3e Retss as
censitionc te the iss~anee of caid permits; aRs tRe ~ermittee sRall l3e
roquiros te si!jR a Retarizod agroomoRt to sais sti~~latioRs or eSRstraints.
b, Temporary use permits of this type may, in support of the use being
permitted, include the placement of temporarv signs, merchandise,
structures and equipment, and a mobile home as an office, but not for
residency. If tRe temperary use is Ret siseoRtiR~es ~~SR e)(~iratisR ef tRe
permit, it sRall I3s sesmss a vislatisR sf the LaRS sevslepmsRt Cese aRs
ehalll3s s~9jeet te the penaltisc therein.
i. Temporarv sianaae shall be subiect to the restrictions set forth in
section 5.04,06,
ii. A buildina permit mav be reauired for the placement andlor
erection of temporarv structures,
c. Temporary use permits in this category shall be restricted to those zoning
districts in which the use would normally be permitted, unless otherwise
approved by the Board of County Commissioners via a public petition
request.
d. The County Manager or I1is designee shall accept without fee, temporary
use permit applications for sports events, religious events, community
eveAl&, or other similar events, upon presentation of documentation that
the sponsor of the event is a bona fide nonprofit organization and the
event is intended to benefit the community at large, or a specific group of
individuals~, sr tRe 130Ra fiss nsn~rolit organization, Two such events per
calendar year per organization are eligible for this exemptien permit.
3. Special Event time limits.
from GJJ4.0:3 /:...1 \
a. The County Manager or designee may grant nonrenewable temporarv
use permits of up to Is~rtsen (14) 1.1..days duration, such that during any
calendar year the sum total duration of all permits for such events for that
location does not exceed tweRty ei~Rt (28) 2li..days,
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b. For multiple occupancy parcels with 10 or more tenants the total duration
of all such permits shall not exceed 42 days per calendar year.
c. Temporary use permits for special events may be extended up to an
additional 4 weeks when approved by the Board of County
Commissioners, Such approval may be subject to stipulations and
additional constraints which shall be noted as conditions of the permit and
the permittee will be required to sign a notarized agreement to abide by
such conditions.
B. Temporary seasonal sales. A nonrenewable fivs (8) 5-week temporary use permit may
be issued for seasonal and holiday-related temporary sales subject to the following
restrictions.
1. Temporary use permits for seasonal sales may be issued...Q!)]y for the following
seasonal/holiday related items:
a, Christmas trees.
b. Fireworks (subject to the issuance of an approved permit by the
jurisdictional fire district).
c. Pumpkins.
2. Temporary use permits for seasonal sales may be issued on improved or
unimproved properties, tlrsviasa ths atltllisaRt s~Bmits a CSP whish
aemenstrates that previsions '.viII be maae to aae~~ately aaaress oash of the
following:
a. Vehis~lar ana tleElestrlan tmffis safety meas~ros.
b. ^ae~~ate en sits, or aElditienal off site parking areas for ~nimtlroved
wetlsrties. t, mal\imum of teR (10) porcent of the tlarking re~~irod by
soctien 4.04,00 of this Ceae may Be essloJtliea or othorv..ise rORElereEl
unusaBle BY the tllasement of temtlorary struGtllres, o~~itlmenl, sigRs,
aREl mershaRaiss. The minim~m re~loJirea n~mBer sf RaRElisatltlea
parking stlasss tl~rSuaRt te ssstion 4.04.00 shall remain available for
~sags,
c, Limitsa activity homs.
a. WatsRmen, fonsing, aRa lighting.
e. Fira tlretoGlion meas~res.
f. Sanitary fasilities,
3. The applicant shall provide a notarized letter from the property owner or
property manager granting permission to utilize the subject property for the
temporary seasonal sales.
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4. Temporary use permits for seasonal and/or holiday sales may, in support of the
use being permitted, include the placement of OAO (1) si0A, a FRa*iA'l~A'I of thirty
(32) s~t1aro feol, or two (2) s~6h sigF!s for proportios contDining moro thDn ono
(1) slrset froF!ta0e IF! aElElilisA to the ~la6eA'leAt ef siqns, merchandise, temporary
structures, and equipment A'lDY be placoEl OA tho sile,
i. Temporarv siqnaqe is subiect to the restrictions set forth in subsection
5.04.06 C.2.
ii. A buildinq permit mav be required for the erection of temporarv
structures.
5. If tho tSFR~sr.ary use is not Elis6oAlin~sEI ~~on s*~ir.atioA of tRS ~srmit, it sRall BO
ElOOFRS8 a vislatioA of tRis CaElo aAEI shall 8s s~l3jsel to tRs ~sF!altios RsroiA.
C. Garaae sales: In the case of qaraae sales, lawn sales, and other similar temporarv sales
to be held at private homes, churches and other places of worship, community centers,
or other nonprofit residentiallv zoned institutions, the County Manaqer or desiqnee mav
issue one 2-dav permit for such events durina each 6 month period.
5,Q4,Q6 !\RRllal 8eash "":eRts Permit [to bocume 5.04.0/
5.04.06 Temporary Sians.
A. A temporarv use permit is reauired for the placement of anv temporarv around sian,
snipe sian, or banner that is not otherwise lawfullv permitted. Temporarv siqns shall be
allowed subiect to the restrictions imposed bv this section.
1. The Countv Manaqer or desiqnee mav issue temporarv sian permits, claf:?~:ftDc.I
tL'ii.OLl,.J2LL/LDciLOf:S1li to adeauatelv address each of the temporarv sians
described within this section. For each permit tvpe the nonrefundable fee shall
be as established in the fee schedule for the services performed bv the
Communitv Development and Environmental Services Division.
2. Temporarv sians and banners shall not be erected prior to obtainina the
appropriate temporarv use permit. and shall be removed on or before the
expiration date of the temporary use permit authorizina said sian.
3. Standards applicable to alllemporarv sians.
a. Temporarv sians and banners permitted bv authoritv of this section shall
not be placed within anv public riaht-of-wav.
i. Sian placement shall not obstruct or impair the safe visibilltv,
inaress, or earess of pedestrians and motorists.
b. The occupant of a lot. parcel, multi-tenant parcel or mixed use buildinq,
mav displav 1 on-site temporarv sian: a second such sian mav be
displaved on a propertv havinq a second street frontaqe,
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C. Absent specific standards to the contrarv, temporarv sians shall be
located onsite and no closer than 10 feet to anv propertv line.
d. Temporarv sians and banners shall not be erected prior to obtainina the
appropriate temporarv use permit and must be removed bv the expiration
of the temporarv use permit.
e, Temporarv sians and banners used on nonresidential or mixed use
properties shall not exceed 32 sauar e feet in sian area or 8 feet in heiqht.
f. Temporarv sians used on residentiallv zoned properties shall not exceed
4 sauare feet in area or 3 feet in heiaht.
B, Temporarv Siqn Permit Tvpes and Standards,
1. Temporary Events, A temporary use permit for a temporary event, issued per
section 5,04.05., shall allow for the placement of temporary signage as classified
and regulated herein,
a. A "sign only" temporary use permit may be issued for temporary ground
signs and banners used to promote a sale, event, or activity not requiring
a temporary event temporary use permit per section 5.04.05 of this Code.
Such uses include, however are not limited to, study or course offerings,
vacation camp, non-public indoor events, and sales events occurring
within the confines of an established business,
I. "Sign only' temporary use permits will be allowed, regulated, and
enforced as special event signs.
il. Time limits for 'sign only' temporary use permits shall be the same
as those for special events, see subsection 5.04.05 A.3,
b. Special event signs.
I. Special event signs shall be erected not more than 15 calendar
days prior to the supporting event and shall be removed within 7
calendar days after the event has taken place.
:5.04,05 F3
c. Seasonal sales signs.
d, Garage sales signs, Two temporary signs may be placed on the property
where the sale is being conducted,
2, Grand Opening signs, A one-time 14-day nonrenewable grand opening sign only
temporary use permit may be issued upon the opening of a new business, or the
approved relocation of an existi ng business.
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a A current valid Collier County Business Tax Receipt or an approved Land
Use and Zoning Certificate (Non-Residential) may serve as evidence of
the new business, or location, opening.
b. A separate permit is not required for a grand opening sign if being placed
in conjunction with a special event temporary use permit issued per
subsection 5.04,05 A.i.
c, A grand opening sign-temporary use permit may only be obtained within
the first 3 months of establishing a new business or location.
d. A grand opening sign is limited to an anchored banner.
e. A sign only temporary use permit for a grand opening sign shall be
exempt from the annual time limitations identified in subsections 5.04.05
A.3.a, and 5.04,06 C.i.aii.
nOI}"+';;;ibi-' <>Ati.El;- -(].:.i>lnc:t
3. "Coming Soon Signs." A onetime non-renewable temporary use permit may be
granted, for a coming soon sign located within a non-residential zoning district,
subject to the following:
a. As applied in this section, a coming soon sign is defined as a ground
sign used to inform the public of the intended opening of a new busi ness.
b. A temporary use permit for a sign shall not be issued until the applicant
has applied for a building permit for the principal structure.
c. The temporary use permit number shall be placed at the base of the sign
not less than Y, inch from the bottom.
d. The sign shall not be displayed for a period more than 6 months from the
issuance of the temporary use permit or until the issuance of a permit for
the permanent sign. whichever occurs first. The nonrefundable fee for
this temporary use permit shall be as set forth in the fee schedule for the
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services performed by the Community Development and Environmental
Services Division,
4. Temoorary business identification sians. A temoorarv use permit allowina for the
temoorarv olacement of a sian solelv for the ourpose of disolavina a business
name for an existina business underaoina a oermitted renovation, remodel. or
reoair that would reauire the temoorarv removal of an existina leqallv conformina
sian.
a. As aoolied in this section, the siqn must be constructed of wood, olastic,
or other similar material. may not be a banner sian, and is limited to 16
sauare feet.
b. If olaced in a shoooina center or multiole occuoancy buildina, the
temoorarv sian for each business must be of similar color, letterina, and
~
c. The sian may be affixed to the buildinq or free-standina in front of the
buildina so lona as the sian does not obstruct or interfere with oedestrian
or vehicular traffic, oarkina or fire lanes, or access to adiacent un its.
d. The sian may remain in olace for no lonaer than 120 davs, or until
construction has been com oleted, whichever occurs first.
5. Temoorary sian coyers, A non-renewable temoorary use permit is reauired to
erect a temoorary sian cover over an existina sian unless otherwise orovided
herein. Temoorarv sians shall be allowed subiect to the restrictions imoosed bv
this section.
a. A siqn cover made from white vinYl or canvas may be authorized for an
existina around or Dole sian for 120 days, after which time the cover shall
be removed, reaardless of whether or not the sian face has been
reolaced.
fn
\;'j(}jat40(f cd..this ,,,(jOe'df-1(}-tFK0
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and.hn;:.tJ;
IOi..{J.;
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6, Election and Referendum signs. Signs for elections and referendums shall be
permitted subject to the follow ing requirements:
a. A buik temporary permit shall be obtained prior to the erection,
installation, placement, or display of signage before elections and
referendums. The fee for the bulk permit shall be as set forth in the fee
schedule for the services performed by the Community Development and
Environmentai Services Division.
b. The bulk permit number shall appear on every sign or on the pole
supporting the sign.
c, All signs for which the permit is issued shall be removed within 7 days
after the event. Each sign not removed within the required time shall
constitute a separate violation of this Code. The permittee will be subject
to issuance of a citation for each violation from the Coliier County Code
Enforcement Board.
d. Signs erected within residentially zoned or used property shall not
exceed 4 square feet in area and 3 feet in height, and shall be located on-
site and no closer than 5 feet to any property line.
e. In all other zoning districts, signs shall not exceed a maximum sign area
of 32 square feet per sign, and shall be located no closer than 10 feet to
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any property line, The quantity of such signs shall be limited to 1 sign for
each lot or parcel per bulk permit issued.
i. In addition to a bulk temporary use permit, a building permit shall
be required for each installed sign.
ii. All supports shall be securely built, constructed and erected to
conform to the requirements of the Florida Building Code
Iii. The maximum height of any sign or poster shall be limited to 8
feet, except for signs affixed to the surface of a building wall.
5,04.07 Annual Beach Events Permit
fram 5.04,1)6
A.. The owner of beach-front commercial hotel-resort property shall apply for an annual
beach events permit. The County Manager or his designee, or his designee, may grant
the permit following review of an application for such permit. The application shall be
submitted on the form prescribed by Collier County together with the applicable fee for
the number of planned annual beach events as indicated on the permit form and
exhibits thereto. Permits issued pursuant to this section are not intended to authorize
any violation of F.S. ~ 370,12, or any of the provisions of the Endangered Species Act of
1973, as it may be a mended,
B. For purposes of this section, a "beach event" shall mean and refer to any social,
recreational or entertainment event (whether public or private), conducted on the beach
and satisfying one or more of the fOllowing criteria:
1, The event involves the use of dining/picnic tables and chairs, serving tables, or
other ancillary equipment typically used to serve an on-site meal; or
2. The event involves the use of staging equipment, amplified music, or the use of
other types of electrical equipment for purposes of enhanced light and/or sound;
or
3. The event:
(a) Is attended by 25 or more people and is organized by or with the help of
the commercial property owner; and
(b) Is of a nature not commoniy associated with the day-to-day use of the
beach by the general public.
C. Notice of schedul ed events:
1. On or before the 25th day of each calendar month, the holder of such permit
shall cause Collier County to be furnished with written notice of all beach events
scheduled for the following month, in the form and content made a part of the
annual beach events permit application. The notice shall indicate the date, time
and duration of each event.
2. If a beach event is scheduled after the monthly notification has been furnished to
Collier County, the property owner shall furnish the county with a separate written
notice at least 48-hours prior to such event.
3. All notices or documents furnished to Collier County pursuant to the permit or
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these regulations shall be sent to Collier County Planning Services Department
and for events that occur during sea turtle nesting season, to the Collier County
Natural Resource Department as well.
D. Event canceliations and postponements:
1. If a scheduled beach event is canceled or postponed, the property owner shall
furnish Collier County with written notification of such cancellation or
postponement. It is understood that weather conditions may cause last minute
cancellations, however the property owner shall make every effort to notify the
county staff a minimum of four hours prior to the scheduled event time. If such
event is rescheduled, notice of the date and time of the rescheduled event shali
be provided.
2. If a beach event is canceled or postponed, and no other beach events are
scheduled for the date of the canceled/postponed event, and Coliier County has
been notified of such cancellation or postponement, then the canceled or
postponed event shall not count towards the maximum number of beach events
authorized by the permit.
E. Sea turtle nesting season. Annual beach events which occur during sea turtle nesting
season (May 1st through October 31st of each year) are also subject to the following
regulations:
1. All required Florida Department of Environmental Protection (FDEP) field
permits, shall be obtained and a copy furnished to Collier County prior to the time
of the scheduled event as set forth in section a.01.0@(C) 5.04.07(Cl.
2, Consistent with section 10.02,06, and the Code of Laws of Collier County, no
structure set up, or beach raking or mechanical cleaning activity for any particular
beach event shall commence until after monitoring conducted by personnel with
prior experience and training in nest surveys procedures and possessing a valid
Fish and Wildlife Conservation Commission Marine Turtle Permit has been
completed.
3. Prior to all scheduled beach events, every beach event permit holder is required
to rope off (or otherwise identify with a physical barrier) an area with no less than
a 15-foot radius out from each sea turtle nest that has been identified and
marked on a beach, unless a greater distance is required by an applicable state
permit.
4. Use of vehicles on the beach is prohibited, except as may be permitted under
Section 10.02.06 I.
5. Consistent with section 10.02,06, all materials placed on the beach for the
purpose of conducting permitted beach events: 1) must be removed from the
beach by no later than 9:30 p.m. of the date of the event; and 2) no structures
may be set, placed, or stored on, or within ten feet of any beach dune, except
that materials may remain in an identified staging area until 10:00 p.m. The
iocation and size of all staging areas will be as identified in the permit.
6. All lights that are visible from the beach and cast a shadow thereon shall be
turned off by no later than 9:00 p.m. of the date of the event.
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7. Identification of sea turtle nests on the beach may cause the beach event to be
relocated from its planned location or to have additional reasonable limitations
placed on the event pursuant to the recommendation of Collier County staff in
order to protect the identified sea turtle nests in this permit; except that county
staff may relocate a staging area as provided for in section a.Q4.Qij 5.04.07, as
part of its daily sea turtle monitoring.
8. Pole lighting, and any other object or structure designed to penetrate the beach
surface by more than three inches shall be subject to the approval of the FDEP
and Coli ier County.
9, A copy of all notices required by any permit or these regulations must also be
provided by the permit holder to the County Manager or designee.
Note: When a state permit is more restrictive than the Code requirements, the
State requirements shall supersede, and the county shall enforce these
requirements.
F. Penalties, Notwithstanding the penalties set forth elsewhere in this Code, the following
violations of this section are subject to the following penalties, except that the annual
beach events permit may not be suspended or revoked:
1. Violations which do not occur during sea turtle nesting season, i.e" occur outside
of sea turtle nesting season, are subject to up to a $500,00 fi ne per violation.
2. Violations which occur during sea turtle nesting season and are:
a, Any activity that may cause immediate harm to sea turtles or their nesting
activities; which include, but are not limited to the following: 1) setting up
a beach event prior to daily sea turtle monitoring; 2) failing to remove
beach event materials from the beach by 9:30 p.m.; 3) failing to have
lights, so required, turned out by 9:00 p.m.; or 4) not placing additional
barriers around nests as required by section 5.04.06; are subject to the
following penalties:
First violation: $1,000.00 fine.
Second violation: $2,500.00 fine.
Third or more violation: $5,000.00 fine.
b. Any activity that would not cause immediate harm to sea turtles or their
nesting activities; which include, but are not limited to the following: 1)
failing to notify the county of a beach event; 2) failing to provide the
county with copies of Florida Department of Protection permits prior to
each beach event; or 3) having beach event materials or related
structures set, placed, stored on, or within ten feet of any beach dune; are
subject to up to a $500.00 fine.
(Ord. No. 05-27, S 3.CC)
. . . . . . . . . . . . .
5,04.08 [Reserved 1
. . . . . . . . . . . . .
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5,06,04 Develo pment Standards for Signs in Nonresidential Districts,
.
.
.
.
.
.
.
.
.
.
.
.
F. On-premise signs. On-premises pole signs, ground signs, projecting signs, wall
signs, and mansard signs shall be allowed in all nonresidential zoning districts subject
to the restrictions below:
.
.
.
.
.
.
.
.
.
.
.
9. TOR'Jflsr{'Jryelf/F1e, ,'I tom~sral)' ~so ~ormit is re"l~lroEl ts er<lct a temperary sigR
as sot fertl1 iR soctieR 10.02.013 G" ~Rlsss otl1erv,'lso ~ro'liElea horoin.
J!.pplisaRts fer temperary sigR ~ermits sl1all pay the fee estal3lisl1ea fer a
temperary sigR pormi!. Temporary sigRs sl1all l3e allowea s~l3ject to tho
restrictioRs impssea l3y tl1is sectieR aRa stl1er relevaRt parts of this Coao,
Tom~oral)' ~so ~ormits fer s~ecial eveRts sigRS are leGatoa iR soctioR 5.04.05.
a, Tem~sFary siflns, An oss~paRt of a parsel, m~lti teRaRt parsel sr mixsa
use l3~ilaiRfI, may aisplay 1 eR site tem~orary commercial sigR or 2 s~cl1
sigRs for ~roporties cORtaiRiRfI more thaR 1 street froRtage, Rot to
sxsooa ;]2 s~~aro feot IR area or 8 feet iR l1eifll1!. See s~l3sestieR 5.94,05
,'I fer time limits eR tl1e aisplay of temporary sigRs,
i. S~sh sigRs sl1all l3e lesatea a minim~m ef 10 feet frem aRY
property IiRO,
13, Tsmporary sigR ce'lsrs maae of ViRyl sr saRvas may l3e a~therizsa for an
existlRflgro~RlI er pale sigR, ~Raer tl1e fellowiRfI seRaitions:
i. 1\ I3laRI, sigR cover maae frem all white material, sl1all l3e alleY/ea
fer 99 €lays, afler wl1isR time IRe sevor sl1all l3e r-emeveEl,
reflaraloss ef 'Nl1otl1or er Ret tl10 sigR fase has l3eoR replasea. ,'I
permit is Ret req~irod.
ii. A sillR sever maae frem all wl1ite material, aisplayiRfI flrapl1ics
Iimltea te ;]2 s"l~are feet, sl1all 130 permiltoa fer 14 €lays. ,'I
temporary ~so ~ormit (TUP) is re"l~iroa. ^ maldm~m of 2
temporary ~se ~ermits may 130 iss~ea '....itl1iR 12 senses~tivo
meRtl1s. If tl1e flFaphiss are removea from tho covor, it may remain
for the Balanse of tho gO €lays,
a) S~l3miltal re"l~lremeRts fer a TUP iRsl~ae aR a~plisatioR
aeemoa s~fficieRt 131' Ce~nty staff, a aimeRsioAea arawing
of the grapl1ic, wl1ish may appear SR BStl1 siaes sf tho
s(wer, aRa the pormit feo as iRaisatea iR tl1e CD~S feo
ssl1oa~lo.
~L-On.premises directional signs may be permitted within nonresidential zoning
districts intended to facilitate the movement of pedestrians and vehicles within
the site upon which such signs are posted. On-premises directional signs
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shall not exceed 6 square feet in area and 4 feet in height. On-premises
directional signs shall be limited to 2 at each vehicle access point and a
maximum of 4 internal to the development. Internal signs are not intended to be
readily visible from the road.
a. Directional signs located internal to the subdivision or development
shall maintain a minimum setback of 10 feet from the edge of the
roadway, paved surface or back of the curb, as applicable.
b. Directional signs may be combined into a single sign not to exceed 6
feet in height and 64 square feet in area. Such signs shall require a
building permit.
+4-c 10. On-premise signs within agricultural disfricts.
a. In fhe rural agricultural area designafed on the future land use map of the
growth management plan. On-premises signs shall be permitted within
agriculturally zoned or used properly, for agri-commercial uses defined
within the Collier County zoning ordinance only, and subject to the
following restrictions:
i. One pole or ground sign, located at the entrance or gate of each
street frontage. The maximum allowable sign area for each pole
or ground sign shall not exceed 100 square feet with a maximum
height of 20 feet, and shall be located a minimum of 15 feet from
any property line, public or private right-of-way or easement.
b. On-premises signs within agricultural zoning districts In the urban area
shall comply with the requirements of section 5.06.04 of the Land
Development Code.
c. Wall, mansard canopy or awning signs within agricultural districts,
Wall, mansard, canopy or awning signs shall be permitted within
agriculturally zoned or used property, for agri-commercial uses defined
within the Collier County Land Development Code, and subject to the
following restrictions:
i. One wall or mansard, canopy or awning sign shall be permitted
for each principal use structure on the parceL Corner parcels
or double-frontage parcels shall be allowed 1 sign per street
frontage, but such signs shall not be combined for the purpose of
placing the combined area on one wall. The maximum allowable
display area for any sign shall not be more than 20 percent of the
total square footage of the wall to which it is affixed, and shall not
in any case exceed 250 squar e feet in area per sign.
~ 11. Illuminated signs. All illuminated signs shall have electrical components,
connections, and installations that conform to the National Electrical Code, and
all other applicable federal, state, and local codes and regulations, Further,
lighted signs shall be shielded in such a manner as to produce no glare, hazard
or nuisance to motorists or occupants of adjacent properties; nor be reflective or
fluorescent; and shall have a steady non-fluctuating or non-undulating light
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source.
~12. Mobile billboard. It shall be unlawful for any person to display any mobile
billboard,
#13. See section 5.05,05 of this Code for signage regulations for automobile service
stations.
subsection 5.04,06 A,
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10,02,00 APPLICATION REQUIREMENTS
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10,02,06 Submittal Requirements for Permits
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G, Temporary Use Permit Requirements and Issuance. See section 5,04,0.w of the LDC
for temporarv use permit classifications and restrictions,
1. Applications for temporarv use permits shall be submitted to the Countv Manaqer
or desiqnee in writinq on a form provided bv the Zoninq and Land Development
Review Department.
2. Submittal Requirements. The temporarv use permit application and appropriate
required plan shall be submitted toqether with the applicable nonrefundable fee,
as indicated in the CDES fee schedule, and approved prior to or simultaneouslv
with the submission of a buildinq permit application. if required,
3. A conceptual site plan ICSP) is required for special events and seasonal sales.
For improved and unimproved properties the site plan must demonstrate that
provisions will be made to adequatelv address each of the followinq:
a. Vehicular and pedestrian traffic safetv measures.
b, Adequate on-site or additional off-site parkinq areas shall be provided as
follows.
i. A maximum of 10 percent of the parkinq required bv section
4.05.04 of this Code mav be occupied or otherwise rendered
unusable bv the placement of temporarv structures, equipment.
and merchandise.
iL The minimum required number of handicapped parkinq spaces
pursuant to section 4.05,07 shall remain available for use,
c. Limited activity hours.
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d. Watchmen, fencinq and Iiqhtinq.
e. Fire protection measures.
f. Sanitarv facilities.
q, If required, a faithful performance bond to quarantee compliance with the
conditions of the per mit.
4. Review procedures.
a. Based upon the information contained in the application, the Countv Manaqer
or desiqnee mav approve, approve with conditions relative to the health,
safetv and welfare of the public or denv an application. and mav attach
conditions to the permit.
b, In the event an application is denied bv the Countv Manaqer of desiqnee,
the reason(s) shall be noted on the a pplication and returned promptlv.
5. Indemnification, The applicant shall be required to indemnify and hold harmless
Collier Countv, its officers, aqents and employees from and aqainst all claims,
suits, actions, damaqes, liabilities, expenditures or causes of action arisinq out of
or occurrinq durinq the activities of applicant under a permit issued hereupon in
the form and manner provided by the County Manaqer or desiqnee.
6. Cancellations and postponem ents,
a. If a permitted event is canceled or postponed, the applicant shall furnish
Collier Countv with written notification of such cancellation or
postponement and the reason(s) for same, It is understood that weather
conditions may cause last minute cancellations: however. the applicant
shall make everv effort to notify the county staff prior to the scheduled
commencement of said event. If the event is to be re-scheduled, notice
of the date and time of the rescheduled event shall be provided.
b. If a permitted event is postponed, the permit will be amended to reflect
the rescheduled event dates and a copv will be provided to the applicant
prior to the event.
c, If an event is cancelled and the Countv is notified prior to the initiallv
proposed commencement date the number of days used will not count
towards the maximum number of authorized davs afforded for events by
the Code,
7. Suspension or revocation, Failure to complv with the terms and conditions of the
temporary use permit. once Issued, shall be mounds for immediate suspension
of the permitted activitv until such time as the noncompliance is remedied. A
permit may be revoked, without refund, for established public safety and welfare
issues, The suspension or revocation shall be initially communicated verballv,
followed bv a written suspension or revocation order, The continued failure to
comply with the terms and conditions of a previouslv suspended permit may
result in the revocation of said permit.
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8, Violations. The failure to obtain a reauired Temporarv Use Permit. and/or the
failure to cease activities authorized bv such a temporarv use permit. includina
the removal of anv displavs, structures, merchandise, equipment. sians or
banners authorized bv said permit. upon expiration, suspension, or revocation
shall establish a violation of this Code and shall be subiect to the penalties
established within this Code.
~ :h Film Permit.
a. Permit required. A permit shall be required for the following activities
taking place, in conjunction with commerciai motion picture, film,
television, video or still photography production: the use of set scenery,
temporary structures or other apparatus, special effects, or closure of
public streets or accessways. This Code shall not apply to bona fide
newspaper, press association, newsreel or television news media
personnel, nor to properties that have been zoned to allow motion
picture/television filming as a permitted use.
b. Application for permit; contents. Any person, firm, corporation, association
or governmental entity desiring to obtain a permit shall apply to the
County Manager or his designee; and said application shall include but
not be limited to the following.
i. Name, address (including local address) and telephone number of
applicant.
ii. Proof of comprehensive general liability insurance coverage in the
amount of at least $1,000,000.00 combined single limit, with
Collier County named as an additional insured. The applicant shall
provide to the County Manager or his designee a certificate of
insurance evidencing that said insurance is in effect and certifying
that Collier County be given 30 days' notice prior to the expiration
or cancellation of the policy.
ili. Special effects to be utilized, especially incendiary or explosive
devices, with proof of not less than $5,000,000,00 comprehensive
general liability insurance combined single limit with Collier County
listed as additional insured, In addition, the application shall list
the person in charge (pyrotechnician) of such special effects,
together with his qualifications and license from the applicable
federal and/or state agencies, and authorization from the local fire
district permitting the event.
iv. Locations, dates and hours of filming,
v, The following information is required by the County Manager or
his designee, unless waived:
a) A conceptual plan indicating the location of film events and
parking facilities provided.
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b) Plans for construction or utilization of structures on subject
site(s).
c) Number, type and location of sanitation facilities to be
provided. Plans for disposal of refuse and debris, and
restoration of the site(s) to its original condition.
d) A description of any lighting facilities that would be
necessary and/or the need to disconnect any public
lighting.
e) A description of any use which may encroach into
environmentally sensitive areas.
f)
Approximate number and type of
equipment to be used and any
requirements. The number of personnel
with the production.
vehicles and/or
special parking
to be on location
g) Necessity for closures of public streets or sidewalks and
for what duration and location.
h) An indication of any utilization of aircrafUfixed-wing,
helicopter, or balloons at the subject site(s),
i) List of county personnel or equipment requested, and an
agreement to pay for extraordinary services provided by
Collier County.
j) Provisions for traffic control, fire safety and security
precautions.
k) If located on private property, not under the county's
ownership or control, a written notarized agreement from
the properly owner to allow the filming to occur on his
property,
I) Additional information requested to assist Collier County in
obtaining future film production.
c. Insurance requirements. The applicant shall maintain in force at all times
during the permit period, a comprehensive general liability policy with
limits other than those described in sections 10.02.06 G.3.b.ii. and b,iii.
above of this Code as determined by the risk management director upon
a review of the particular circumstances involved, Said applicant shall
provide to the County Manager or his designee a certificate of insurance
as evidenced that said insurance is in existence and certifying that Collier
County is a named insured, and that Collier County be given 30 days'
notice prior to the expiration or cancellation of the policy. Any additional
insurance requirements for filming on private property will be at the
discretion of the affected property owner.
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d. Indemnification. The applicant shall be required to indemnify and hold
harmless Collier County, its officers, agents and employees from and
against all claims, suits, actions, damages, liabilities, expenditures or
causes of action arising out of or occurring during the activities of
applicant under a permit issued hereupon in the form and manner
provided by the County Manager or his designee.
e. Permit fee. No permit fee shall be required, Any additional license or user
fees which have been established for county-owned land or facilities shall
be in effect.
f, Issuance of permit. Upon presentation of the completed application, proof
of insurance, payment of permit fee, surety bond or cash payment in lieu
of the bond and review by the County Manager or his designee, the
permit may be issued. If the County Manager or his designee determines
that the use of public or private property could affect the public's use of
the property, or have potential adverse impacts on surrounding
properties, then he may require that the permit application be scheduled
for a public hearing before the Board of County Commissioners. The
special circumstances could include, but are not limited to, closure of a
public street or accessway; use of special effects, including incendiary or
explosive devices; a large production crew or crowd control; and
increased liability insurance required. The notice for the public hearing
shall be advertised in a newspaper of general circulation in the county at
least 1 time 15 days prior to the hearing.
g. Suspension of permit. Failure to comply with the terms and conditions of
the temporary use permit once issued shall be grounds for immediate
suspension of the permitted activity until such time as the noncompliance
is remedied. The suspension shall be initially communicated verbally,
followed by a written suspension order; and continued failure to comply
with the terms and conditions of the permit may result in revocation of the
permit.
h. Costs for extraordinary services. The county shall recover direct costs for
extraordinary services rendered in connection with a production. Such
costs shall include, but not limited to, charges for personnel andlor
equipment committed in support of the production which are outside the
normal scope of government services. Based on the information
contained in the permit application, an estimate of these costs will be
provided to the applicant prior to issuance of this permit. The county may
require prepayment of all or a portion of these estimated costs prior to
issuance of the permit. At the conclusion of the production, actual costs
below or in excess of the estimates will be refunded by the county or paid
by the applicant, respectively.
i. Surety bond. A surety bond in an amount to be determined by Collier
County and issued by a company authorized to issue bonds in Florida or
cash payment in lieu of the bond may be required by the County Manager
or his designee to provide for cleanup andlor restoration of the subject
site(s).
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APPENDIX G ANNUAL BEACH EVENT STANDARD PERMIT CONDITIONS
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10. Annual beach events whi ch occur during Sea Turtle Nesting Season (May 1 st through
October 31 st of each year) are also subject to the follow ing regulations:
A. All required Florida Department of Environmental Protection (FDEP) Field
Permits, shall be obtained and a copy furnished to Coil ier County prior to the time
of the scheduled event as setforth in section 8.91.0e, 5,04.07.
B, Consistent with section 8.01 ,Oe. 5.04.07. no structure set up, or beach raking, or
mechanical cleaning activity for any particular Beach Event shall not commence
until after monitoring conducted by personnel with prior experience and training
in nest surveys procedures and possess ing a valid Fish and Wildlife
Conservation Commission Marine Turtle Permit has been completed.
C. Prior to all scheduled beach events, every beach event permit holder is required
to rope off (or otherwise identify with a physical barrier) an area with no less than
a 15-foot radius around each sea turtle nest that has been identified and mar ked
on a beach, unless a greater distance is required by an applicable State permit.
D. Use of vehicles on the beach is prohibited, except as may be permitted under
section a.91.0e. 5.04,07.
E. Consistent with section 8.01 ,Oe 5.04.07 all materials placed on the beach for the
purpose of conducting permitted Beach Events must be: 1) removed from the
beach by no later than 9:30 p.m, the date of the event; and 2) no structures may
be set, placed, or stored on, or within ten feet of any beach dune, except that
materials may remain in an identified staging area until 10:00 p.m. The location
and size of all staging areas will be as identified in the annu al beach events
permit.
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