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CCPC Backup 04/01/2010 Rccpc REGULAR MEETING BACKUP DOCUMENTS APRIL 1, 2010 AGENDA COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 8:30 A.M., THURSDA< APRIL 1, 2010 THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRAT ING, COUNTY GOVERNMENT CENTER, 3301 TAMIAMI TRAIL EAST, NAPLES, FLORIDA: NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN ORGANIZATION OR GROUP ARE ENCOURAGED AND MAY BE ALLOTTED 10 MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE CCPC AGENDA PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM OF 10 DAYS PRIOR TO THE RESPECTIVE PUBLIC HEARING. IN ANY CASE, WRITTEN MATERIALS INTENDED TO BE CONSIDERED BY THE CCPC SHALL BE SUBMITTED TO THE APPROPRIATE COUNTY STAFF A MINIMUM OF SEVEN DAYS PRIOR TO THE PUBLIC HEARING. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC WILL BECOME A PERMANENT PART OF THE RECORD AND WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS IF APPLICABLE. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 1. PLEDGE OF ALLEGIANCE 2. ROLL. CALL BY SECRETARY 3. ADDENDA TO THE AGENDA 4. PLANNING COMMISSION ABSENCES 5. APPROVAL OF MINUTES - September 2187 & September 23" 2009 AUIR Planning Commission /Productivity Committee Special Meeting; February 26, 2010 (LDC); March 4, 2010; March 10, 2010 (LDC) 6. BCC REPORT- RECAPS —March 23, 2010 7. CHAIRMAN'S REPORT 8. CONSENT AGENDA ITEMS 9. ADVERTISED PUBLIC HEARINGS OPetition: RZ- PL2009 -910, Port of the Islands Community Improvement District, represented by Robert Duane, AICP of Hole Moines, is requesting a Rezone from the Conservation (CON) and Resort Tourist (RT) Zoning Districts with a Conditional Use for essential services to the Public (P) Zoning District. Subject property is located on 4.848 acres in Section 4, Township 52 South, Range 28 East, Collier County, Florida (Companion to VA- PL2009 -1077) [Coordinator: Kay Deselem] 1 Petition: VA- PL2009 -1077, Port of the Islands Community Improvement District, represented by Robert Duane, AICP of Hole Montes, is requesting the following variances: 1) a variance from LDC Section 4.02.01, Table 2.1, that required a 50 -foot rear setback, to allow existing structures to be placed within 12.6 feet of the rear property line, which is a reduction of 37.4 feet; 2) a variance from LDC Section 6.06.01, that requires a 60 -foot right -of -way width, to allow a 35 -foot wide right -of -way width, a reduction of 25 feet; 3) a variance from LDC Section 4.05.04, Table 17; that requires 1 parking space per 500 square feet for a required 17 parking spaces, to allow one space per employee of the largest shift which would be no less than 3 employees, a reduction of 14 parking spaces; 4) a variance from LDC Sections 4.06.02.C.4 and 6.06.0l.P.1, that requires a type D buffer along the western boundary of the shared access road, to eliminate the buffer, a reduction of the buffer to 0 feet; and 5) a variance from LDC Section 4.06.02 Table 2.4, that requires a type B buffer on the perimeter or western edge of the shared access road, a reduction to zero feet, to allow the buffer instead on the eastern edge of the shared access road. Subject property is located on 4.848 acres in Section 4, Township 52 South, Range 28 East, Collier County, Florida. (Companion to RZ- PL2009 -910) [Coordinator: Kay Deselem] 10. OLD BUSINESS A. LDC Amendments [Continued from the March 24, 2010 CCPC /LDC meeting[ 11. NEW BUSINESS 12. PUBLIC COMMENT ITEM 13. DISCUSSION OF ADDENDA 14. ADJOURN 3/23/10 CCPC Agenda /Ray Bellows /jmp 4 nicole ryan From: KlatzkowJeff [Jeff Klatzkow @colliergov.net] Sent: Tuesday, March 09, 2010 9:43 AM To: CasalanguidaNick Cc: nicole ryan; ashton_h Subject: FW: Shoreline calculations Nick It is my opinion that where there is a conservation easement involving shoreline, if there is no reservation of rights in the easement, (1) there can be no shoreline development, including boat slips, and (2) there are no developmental rights that can be transfered to a different property. If a property owner wishes to retain such rights, they must do so by an express reservation in the easement deed. Unless the record indicates a contrary intent, this applies to all existing shoreline conservation easements. Given this, unless there is a different reason for the proposed amendment, I do not see the need to amend the LDC. There is of course still plenty of time to get this amendment . into the cycle if so desired. -Jeff Klatzkow From: ashton_h Sent: Tuesday, March 09, 2010 8:39 AM To: NicoleR @conservancy.org Cc: WrightJeff; KlatzkowJeff Subject: FW: Shoreline calculations Hello Nicole, I received your voicemail message. My understanding is that the shoreline item is not going forward on March 10. See e -mail below. We don't have anything in writing at this time that sets forth the county attorney's position. This office is currently recommending that the conservation easement expressly state what is reserved, ie -- shoreline used to calculate the number of boat docks. And that it not be contained in an LDC amendment. Heidi Ashton -Cicko Heidi Ashton -Cicko Assistant County Attorney Land Use Section Chief Phone (239) 252 -8400 Fax (239) 252 -6300 From: KlatzkowJeff Sent: Tuesday, March 09, 2010 8:03 AM To: ashton_h Subject: FW: Shoreline calculations Jeffrey A. Klatzkow County Attorney (239) 252 -8400 From: Donna Reed Caron [djreed@comcast.net] Sent: Friday, September 11, 2009 3:58 AM To: nicole ryan Subject: Fw: Calculating Boat Slips Nicole: Here is my inquiry and the response by Bill Lorenz (read from the bottom up). The last sentence clearly states that staff will calculate the shoreline not covered by a conservation easement. Donna - - - -- Original Message - - - -- From: jo enz w To: Donna Reed Caron Cc: suitor d ; bureeson b Sent: Tuesday, May 29, 2007 8:11 AM Subject: RE: Calculating Boat Slips Donna, The article notes that: Besides that, the site's category of protection has been lowered, allowing for 18 slips per 100 feet of shoreline — far in excess of the 49 slips Signature wants to build even if the shoreline covered by the conservation easement isn't counted. The Manatee Protection Plan provides to 3 categories of protection (Protected -1 slip /100 feet shoreline; Moderate -10 slip /100 feet shoreline; Preferred -18 slip /100 feet shoreline) based on manatee use, impacted habitat, and adequate water depth. The protection category (or site rating as we refer to it) is not determined by us until we receive a formal application and we have data to assess the site rating. We do not have an application with data for us to make a final determination. I am also puzzled by the statement "the site's category of protection has been lowered ". Since we have not received an application, we have not "lowered" the rating. Once we receive an application we will review the information and make the determination of the site rating based on the applicable data. We will also determine the length of shoreline not within a Conservation Easement to then determine the maximum allowable number of wetslips. Barbara /Doug... please comment if I am not properly explaining this. 0 William D. Loren -, P.E. Collier County Environmental Services Director 2800 North Horseshoe Drive Naples, Florida 34104 7ele: (239)213 -2951 Fax: (239)213 -2960 E -mail: Williamlorenz(dcolliergov.net From: Donna Reed Caron [mailto:djreed @comcast.net] Sent: Monday, May 28, 2007 7:23 AM To: lorenz_w Subject: Calculating Boat Slips 01 An article in today's NDN about calculating boat slips and Signature Communities states, "the site's category of protection has been lowered..." Who did this ?? When did it happen ?? Were there any public hearings ?? Please enlighten me. Donna Reed Caron Collier County Planning Commission lenberger_s From: ktripp @savethemanatee.org Sent: Wednesday, March 31, 2010 3:34 PM To: lenberger_s Cc: ktripp @savethemanatee.org Subject: RE: March 24 CCPC LDC amendment hearing fli Stephen, Thank you for the additional information. I do have a couple of outstanding concerns that I would like you to share with Chairman Strain and the rest of the Planning Commission prior to their meeting tomorrow morning (I was unable to locate an e -mail address for the Chairman online). We do not believe that land in a conservation easement should count towards the calculation of shoreline footage for obtaining slips under the MPP. Also, the shoreline definition should include an effective date, counting all existing shoreline as of that date as part of the couty's shoreline, but not allowing to the creation of new shoreline. Or, the definition could simply state that no new shoreline is to be created in the county for the purposes of obtaining more slips under the MPP. In the event that a parcel gets split off, there should be a conservation easement over that parcel to preclude using it again in the calculation of shoreline to obtain more slips- this should be part of the Site Development Plan Amendment. The same length of shoreline should not be able to be used more than once for slip calculations. While I understand this has not happened to date in the county, it is something that could occur unless the shoreline definition expressly prohibits it (and 1 believe the county should prohibit it). Thank you for hearing my concerns and sharing them with the Planning Commission. Sincerely, Katie Katie Tripp, Ph.D. Director of Science and Conservation Save the Manatee Club 500 N. Maitland Ave. Maitland, FL 32751 Phone: 407-539-0990 Fax: 407-539-0871 E -mail: ktripp @savethemanatee.org On Tue 30/03/10 2:09 PM , lenberger_s SteveLenberger@colliergov.net sent: Hi Katie! No problem! Glad to help! The County's MPP does not distinguish between naturally occurring shoreline and artificially created shoreline, when calculating the number of wetslips according to the MPP. Parcels that are split off after development would be identified as part of the Site Development Plan Amendment (SDPA) review process. I don't .........._ ................. believe we have seen any instances in the county where the number of wetslips were calculated and then the parcels split off afterwards. I hope this answers your questions. Thank you! Stephen From: ktripp @savethemanatee.org [mailto :ktripp @savethemanatee.org] Sent: Tuesday, March 30, 2010 9:58 AM To: lenberger_s Cc: ktripp @savethemanatee.org Subject: RE: March 24 CCPC LDC amendment hearing Hi Stephen, Thanks for giving me an update on the history of the shoreline definition yesterday. After our conversation, I did come up with a couple more questions. I will apologize in advance- I am on leave this week so I don't have access to my files on this issue and I am having some problems accessing files from your website (amendment and Collier MPP) from the computer I am using. Does the MPP or any other document make a distinction between naturally occurring shoreline and dredged artificial shoreline? Also, there can be problems when shoreline is attempted to be used more than once, in the case of a parcel being split off after using the shoreline calculation. In this case the only real way to guard against such actions is to ensure that a conservation easement is issued to preclude it's future use in shoreline calculations. This can be challenging to track, but should be attempted. I would appreciate if you could provide insight into these issues. Thanks very much, Katie Katie Tripp, Ph.D. Director of Science and Conservation Save the Manatee Club 500 N. Maitland Ave. Maitland, FL 32751 Phone: 407 -539 -0990 Fax: 407-539-0871 E-mail: ktripp @savethemanatee.org On Tue 23/03/10 6:14 AM, lenberger_s SteveLenberger @colliergov.net sent: At the request of the chairman of the CCPC, the Manatee Protection Plan shoreline LDC amendment will be heard on April V at the regular CCPC meeting and not on March 24" as indicated on the March 24'" agenda. Thank you! Stephen Stephen Lenberger Senior Environmental Specialist Collier County Engineering, Environmental, Comprehensive Planning and Zoning Services Department 239 - 252 -2915 SteveLenberger(@colliergov.net From: lenberger_s Sent: Monday, March 22, 2010 3:42 PM To: 'agstetson @comcast. net'; 'Allyson Swanson'; 'amico @abbinc.com'; 'Andrew Woodruff; 'banderson @ralaw.com'; 'barberr @abbinc.com'; 'BDuncan @CollierResources.com'; 'billm @water.net; Bob Mulhere; 'bobduane @hmeng.com'; 'Brian MacKenzie'; 'brucelayman @wilsonmiller.com'; 'Catherine Fabacher'; 'changingm @att.net'; 'cmogelvang @earthlink.net'; 'Corace @aol.com'; 'CSpilker @collierenterprises.com'; 'ctearsjr @sfwmd.gov'; 'DALewis @RAlaw.com'; 'Dan Hartley'; 'Debbie Tyson'; 'dhn @consult- rwa.com'; 'donelester @yahoo.com'; 'ECarlson @Audubon.org'; 'emstaats @naplesnews.com'; 'FEEGROUP @aol.com'; 'Ferguson hug hes@comcast. net'; 'fillracing @aol.com'; 'frankfeeney @hmeng.com'; 'GezaWdeC @aol.com'; 'GladesGuru @aol.com'; 'g Iva rnadoe @napleslaw.com'; 'Jane Eichhorn'; 'Jeff @davidsonengineering.com'; 'jeffperry@wilsonmiller.com'; 'jenniferh @conservancy.org'; 'Jeremy Sterk'; 'jmattson @mattsonlaw.com'; 'John Kelly'; 'joss @gulfshorecivil.com'; 'jstarne @sfwmd.gov'; 'Ken Passarella'; 'kgwestside @yahoo.com'; 'kh @humistonandmoore.com'; 'Kimf @ Bon itaBayGroup.com'; 'KLOTTES @Quarles.com'; 'krcfla @aol.com'; 'Lauren Barbes'; 'Lauren McCulloch'; 'LINDAMIKEH @aol.com'; 'marcoe @prodigy. net'; 'mdelate @gradyminor.com'; 'Michael Myers'; 'minimushomines @ aol.com'; 'MLandyeng @aol.com'; ' MTaylor @CollierEnterprises.com'; 'murraybdl @embargmail.com'; 'mwolok@earthlink.net'; 'nicoler @conservancy.org'; 'olorin3791 @hotmail.com'; 'Path uml3 @aol.com'; TButler202 @aol.com'; 'PICKLAW @EARTH LINK. NET; 'ramacken @comcast.net'; 'rdiffenderfer @llw- law.com'; ReedCaronDonna; 'rhobkirk @msn.com'; 'richardwoodruff @wilsonmiller.com'; 'RLCARONI @comcast.net'; 'rms15000 @yahoo.com'; 'rogerrice @earthlink.com'; 'RYovanovich @gcjlaw.com'; 'sdurso @hfhcollier.com'; 'shannonrchesser @comcast.net'; 'staursky @yahoo.com'; 'StuartMiller @wilsonmiller.com'; 'SuDaNym @aol.com'; 'swampbuggy2 @earthlink.net'; 'tayloram @collier.kl2.fl.us'; 'tconrecode @collierenterprises.com'; 'terrycole @hmeng.com'; 'Tim Hall'; 'Tim @davidsonengineering.com'; 'timdurham @wilsonmiller.com'; TomGator @aol.com'; 'twreeseesq @aol.com'; 'Valerie Pike'; 'wildcoffee @gmail.COm'; 'zebulonhsd @earthlink.net'; 'Alicia Lewis'; 'Amber Crooks'; 'Amy Krebs'; 'Bethany Bachelor'; BishopMargaret; 'Brett Moore'; 'Chris Mitchell'; 'Chris Stephens'; 'Churchhill Roberts'; 'Craig'; 'David Farmer'; 'Dennis Vasey'; 'Derek Huber'; 'Greg Jeppesen'; 'Jack Abney'; 'Jeff E. Wright'; 'Jennifer Goff; 'Joe Walsh'; 'Judy Hushon'; 'Kate Crosley'; 'Kim Schlachta'; 'Laura Herrero'; 'Linda Roth'; 'Llew Williams, Ph.D.'; 'Marcia Cravens'; 'Marielle Kitchener'; 'Marsha Cravens'; 'Mary Jane Cary'; 'Michael Ramsey'; 'Michael Weston'; 'Nancy Payton'; 'Noah Standridge'; 'Norman Trebilcock'; 'Paul Owen'; 'Peggy Grant'; 'Rae Ann Boylan'; 'Robert Mulhere'; StrainMark; Tammy Lyday'; Tera Meeks'; 'Tom Trettis'; Tyler King'; 'Ulgonda Kirkpatrick'; 'Barry Syren'; 'Bill Edixon'; 'Bill McAnly'; 'Blair'; 'Bob Case'; 'Bob Lockhart'; 'Brad Hedrich'; 'Brian Howell (E- mail)'; 'Brian Jones'; 'Carl Barraco'; 'Chris Hagen'; 'Dalas Disney'; 'Dan Brundage'; 'Dave Schmitt'; 'Dave Sneed'; 'Duane Hall'; 'Eduardo Padron (E- mail)'; 'Emilio Robau'; 'Gavin W. Jones'; 'George Hermanson'; 'Grady Minor'; 'Jamey Anderson'; 'Jim Carr'; 'Jim Kuhlman'; 'John English'; "KarenBishop (E -mail 2)'; 'Larry Hildreth'; 'Larry Smith'; 'Mark Minor'; 'Michael Herrera (E- mail)'; 'Mike Fernandez'; 'Mike Saadeh'; 'Ms Karen K D Bishop'; 'Ray Piacente'; 'Reid Jam'; 'Ron Waldrop'; 'Ryan Bell'; 'Sandra Bottcher (E -mail 2)'; 'taylor_I'; 'Terry Fernandez'; 'Tobi Charbonneau'; 'Tom Holmlund'; 'Wayne Arnold'; 'awong @savethemanatee.org'; 'babalewfl @earthlink.net'; 'ben_nottingham @fws.gov'; 'bettyhull @msn.com'; 'boaterlee @comcast.net'; 'campsmoak @aol.com'; 'captaintony3 @aol.com'; 'ccbrooker @napleslaw.com'; 'Christopher Boland'; ' DaveJohnson @colliersheriff.net'; 'director @miacc.org'; 'djreed @comcast.net'; 'emerald ladyyacht @ aol.com'; 'eric @turrell - associates.com'; 'gary. Won @dep.state.fl.us'; 'gdowns0l @comcast.net'; 'jtm @naplesmarina.com'; 'Kalani_Cairns @fws.gov'; 'kathyrobbins@yahoo.com'; 'kiefer_gier @nps.gov'; 'ktripp @savethemanatee.org'; 'laura_ combs @bellsouth.net'; 'Mary. Duncan @myfwc.com'; 'mbauer @naplesgov.com'; 'naples @wilsonmiller.com'; 'nrichie @cityofmarcoisland.com'; 'org; millercornell @mindspring.com'; 'prose @savethemanatee.org'; 'gkurth @turrell - associates.com'; 'tuna @ Turrell - Associates.com'; 'vanderbiltbeach54 @yahoo.com' Cc: bellows_r; ashton_h; 'Bill Lorenz'; 'Chris D'Arco'; GibsonLaura; hatcher m; 'Kirsten Wilkie'; McAlpinGary; sulecki_a; 'Summer Araque'; 'Susan Mason'; WilliamsSteven; Wrightleff Subject: March 24 CCPC LDC amendment hearing Attached is the March 24" CCPC agenda for LDC amendments. Environmental LDC amendments to be heard are included on the agenda. Thank you! Stephen Stephen Lenberger Senior Environmental Specialist Collier County Engineering, Environmental, Comprehensive Planning and Zoning Services Department 239 - 252 -2915 SteveLenbergeroacolliergov.net Under Florida Law, e-mail addresses are public records. If you do not want your s -mail actress released - response to a public records request . do not send electronic mail to this entity. Instead, contact this office by telephone or in writing 4 Text underlined is new text to be added. Bold text indicates a defined term 1 LDC Amendment Request 2 3 4 ORIGIN: Board of County Commissioners 5 6 AUTHOR: Stephen Lenberger, Senior Environmental Specialist 7 8 DEPARTMENT: Engineering and Environmental Services Department 9 10 AMENDMENT CYCLE: 2009 Cycle 11 12 LDC PAGE: LDC5:28 -5.30 13 14 LDC SECTION(S): 5.05.02 15 16 CHANGE: To clarify how the County will treat the length of shoreline within a conservation 17 easement when calculating the amount of wetslips according to the Manatee Protection Plan. 18 19 REASON: The rating system used in calculating the maximum number of wetslips in 20 accordance the Manatee Protection Plan, uses the amount of shoreline to calculate the maximum 21 number of wetslips. Although the LDC specifies that the purpose of the marina siting criteria is 22 to help determine the maximum wet slip densities in order to improve existing Manatee 23 protection, neither the LDC nor the Manatee Protection Plan specifically addresses shoreline 24 within conservation easements. 25 26 State agency staff from the Florida Fish and Wildlife Conservation Commission, have advised 27 County staff that the total length of shorelines, including that which is within conservation 28 easements, is used in the calculations for maximum allowable wetslips where the purpose of the 29 conservation easement is vegetation management. However, where the conservation easement 30 prohibits "in -water structures ", the length of shoreline within the conservation easement is 31 excluded from the calculations and thus, the number of allowable wetslips are reduced in 32 proportion to the length of the excluded shoreline. State staff indicate that "in -water structures" 33 can be characterized as the construction and operation of future docks, wet or dry slips, piers, 34 launching facilities or structures other than existing on the property, or activities detrimental to 35 drainage, flood control, water conservation, erosion control, soil conservation, or fish and 36 wildlife habitat preservation including, but not limited to, ditching, diking, dredging, and 37 fencing. 38 39 In January 2006 during evaluation of a project, staff from the Office of the County Attorney 40 reviewed various documents including the existing conservation easement on the project, the 41 GMP, LDC, Manatee Protection Plan, State Statutes, and State cases in order to determine 42 whether shoreline length in the conservation easement area should be excluded from the 43 calculation to determine the number of allowable boat slips. The result of this review essentially 44 provided staff with a procedure that specified that staff should review the actual language of a 45 conservation easement to determine if the easement language excludes the use of the easement 46 shoreline to calculate the amount of wetslips. Inspecting the conservation easement to determine 47 its prohibitions is also consistent with the State's application. 199 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet\jan 28 CCPC pkt \CCPCjan28PKT(122209).doc ��Id 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Text underlined is new text to be added. Bold text indicates a defined term During the April 22, 2008 BCC meeting, the BCC directed staff to meet with stakeholders and bring back an amendment on how the County will treat the length of shoreline within a conservation easement when calculating the amount of wetslips according to the Manatee Protection Plan. Meetings were held with stakeholders on May 22, 2008, June 17, 2008 and May 13, 2009. FISCAL & OPERATIONAL IMPACTS: Staff will need to review the language of the conservation easement in order to determine if it excludes the shoreline from calculating maximum allowable wetslips. Obtaining and evaluating the conservation easement for applicable language should take no more than one hour of staff time. RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None. The County has incorporated the Manatee Protection Plan within Conservation and Coastal Management Policy 7.2.1 and Policy 7.2.3. OTHER NOTESIVERSION DATE: Created July 1, 2009. Revised August 20, 2009 Amend the LDC as follows: 5.05.02 Marinas A. The following standards are for the purpose of manatee protection and are applicable to all multi -slip docking facilities with ten slips or more, and all marina facilities. B. Proposed developments will be reviewed for consistency with the Manatee Protection Plan ( "MPP ") adopted by the BCC and approved by the DER If the location of the proposed development is consistent with the MPP, then the developer will submit a "Manatee Awareness and Protection Plan," which shall address, but not be limited to, the following categories: Education and public awareness. 2. Posting and maintaining manatee awareness signs. 3. Information on the type and destination of boat traffic that will be generated from the facility. 4. Monitoring and maintenance of water quality to comply with state standards. 5. Marking of navigational channels, as may be required. C. A rating system is established to evaluate proposed marina facilities. The purpose of the marina site rating system is to help determine the maximum wet slip densities in order to improve existing Manatee protection. The marina site rating system gives a ranking based on three (3) criteria: water depth, native marine habitat, and manatee abundance. 200 B09 Amend the LDC\2009 -Cycle 1 \LDC Packet \jan 28 CCPC pkt \CCPCjan28PKT(122209).doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Text underlined is new text to be added. Te;d stskethFaugh s G Frent te)d to he elpi tee Bold text indicates a defined term In evaluating a parcel for a potential boat facility, a minimum sphere of influence for the boat traffic must be designated. For the proposed marina facility, an on -water travel distance of five (5) miles is considered the sphere of influence. 1. A preferred rating is given to a site that has or can legally create adequate water depth and access, will not impact native marine habitats, and will not impact a high manatee use area (See Table 5.05.02(C)(5)). 2. A moderate ranking is given to a site where: there is a adequate water depth and access, no impact to a high manatee use area, but there is an impact to native marine habitat; there is adequate water depth, no impact to native marine habitat, but impacts a high manatee use area; and when the water depth is less than four (4) feet mean low water (MLW), no impact to native marine habitat, and no impact to a high manatee use area. 3. A protected ranking is given to a site where: there is adequate water depth and access, but there is an impact to native marine habitat and there is an impact to a high manatee use area; there is not adequate water depth, there is impact to or destruction of native marine habitat, and there is impact to a high manatee use area; there is not adequate water depth, no impact to marine habitat, but there is impact to a high manatee use area; or there is not adequate depth, there is impact to marine habitat, and no impact to a high manatee use area. 4. The exact areas will depend on site specific data gathered during the site development process reviews. 5. Table of Siting Criteria 1 For shoreline vegetation such as mangroves, "no impact' is defined as no greater than five (5) percent of the native marine habitat is disturbed. For sea grasses, "no impact' means than no more than 100 square feet of sea grasses can be impacted. D. Allowable wet slip densities. Preferred sites. New or expanded wet slip marinas and multi - family facilities shall be allowed at a density of up to eighteen (18) boat slips for every 100 feet of shoreline. Expansion of existing and construction of new dry storage facilities is allowed. Expansion of existing and construction of new boat ramps is allowed. 201 1 : \09 Amend the LDC\2009 -Cycle i \LDC Packet \jan 28 CCPC pkt \CCPCjan28PKT(l 22209).doc Water Depth Measured at MLW Native Marine Habitat Manatee Use 4 ft. or more Less than 4 ft. No Im act1 Impact Not High High Preferred X X X Moderate X X X Moderate X X X Moderate X X X Protected X X X Protected X X X Protected X X X Protected X X X 1 For shoreline vegetation such as mangroves, "no impact' is defined as no greater than five (5) percent of the native marine habitat is disturbed. For sea grasses, "no impact' means than no more than 100 square feet of sea grasses can be impacted. D. Allowable wet slip densities. Preferred sites. New or expanded wet slip marinas and multi - family facilities shall be allowed at a density of up to eighteen (18) boat slips for every 100 feet of shoreline. Expansion of existing and construction of new dry storage facilities is allowed. Expansion of existing and construction of new boat ramps is allowed. 201 1 : \09 Amend the LDC\2009 -Cycle i \LDC Packet \jan 28 CCPC pkt \CCPCjan28PKT(l 22209).doc Text underlined is new tent to be added. Bold text indicates a defined term 1 2. Moderate development sites. New or expanded wet slips and multi - family 2 facilities shall be allowed at a density of up to ten (10) boat slips for every 100 3 feet of shoreline. Expansion of existing dry storage facilities is allowed. 4 Construction of new dry storage facilities is prohibited. Expansion of existing boat 5 ramps is allowed. Construction of new boat ramps is prohibited. 6 7 3. Protected sites. New or expanded wet slip marinas and multi - family facilities shall 8 be allowed at a density of one (1) boat slip for every 100 feet of shoreline. 9 Expansion of existing dry storage facilities or construction of new dry storage 10 facilities is prohibited. Expansion of existing boat ramp or construction of new 11 boat ramps is prohibited. 12 13 E. If a potential boat facility site is ranked as moderate or protected because of its proximity 14 to a high use manatee area, its ranking can be increased if slow speed zones are 15 established that account for a significant portion of the expected travel route of the boats 16 using the proposed facility. In that case, the manatee criteria in the three (3) way test 17 (see Table 5.05.02(C)(5)) would not affect the outcome of the ranking. If such slow 18 speed zones are not existing, the County may establish, with DEP approval, additional 19 slow speed zones in order to mitigate the proposed additional boat traffic. 20 21 F. Existing facilities and facilities which had state or federal permits prior to adoption of the 22 MPP shall be exempt from these provisions, but will be subject to all other requirements 23 of this Code. 24 25 G. The definition of shoreline for the purpose of the Manatee Protection Plan shall be the 26 interface of land and water at mean high water, as established using standard survey 27 techniques. All of the shoreline will be used for calculating the maximum allowable 28 number of wetslips pursuant to the Manatee Protection Plan, except for shoreline within 29 conservation easements where the conservation easement expressly and specifically 30 excludes the use of the easement shoreline to calculate the amount of wetslips. 31 32 (Ord. No. 05 -27, § 351F) 33 34 202 1:\09 Amend the LDC\2009 -Cycle 1 \LDC Packet \jan 28 CCPC pkt \CCPCjan28PKT(122209)Aoc (PLEASE PRINT CLEARLY) MEETING DATE ` t (Circle Meeting AGENDA ITEM NAME AGENDA ITEM TITLE ADDRESS Regular SpAcial Workshop Budget Representing/ Petitioner: Other: ' COLLIER COUNTY ORDINANCE NO. 2003 -53, AS AMENDED BY ORDINANCE 2004 -05 AND 2007 -24, REQUIRES THAT aLD O A BBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BO OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. YOU ARE LIMITED TO THREE (3) MINUTES FOR YOU COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PRIOR TO THE SUBJECT BEING HEARD MEETING DATE AGENDA ITEM TITLE Al PP -5 � , s- / "A, n- L� -2- & L.J. `,L G`?- AGENDA ITEM (PLEASE PRINT CLEARLY) (Circle Meeting Type) Regular Special Workshop Budget NAME �,uJ Sc� ��..` ADDRESS !' C l Se Representing/ Petitioner: %lJ �,, i Sri � s.t, � � A/L .� f4 Other: v '" COLLIER COUNTY ORDINANCE NO. 2003 -53, AS AMENDED BY ORDINANCE 2004 -05 AND 2007 -24, REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. YOU ARE LIMITED TO THREE (3) MINUTES FOR YOU COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PRIOR TO THE SUBJECT BEING HEARD (PLEASE PRINT CLEARLY) MEETING DATE !/ G %` (Circle Meeting Type) AGENDA ITEM ,c -t �`- AGENDA ITEM TITLE C�'' ADDRESS Representing/ Petitioner: y l� 'e 4 Other: Regular Special Workshop Budget le Z)6 7v / COLLIER COUNTY ORDINANCE NO. 2003 -53, AS AMENDED BY ORDINANCE 2004 -05 AND 2007 -24, REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. YOU ARE LIMITED TO THREE (3) MINUTES FOR YOU COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PRIOR TO THE SUBJECT BEING HEARD (PLEASE PRINT CLEARLY) MEETING DATE (Circle Meeting Type) Regular Special Workshop Budget AGENDA ITEM �%�i AGENDA ITEM TITLE NAME i /�aTftY ¢ �-�-- ADDRESS 34�� &>c�tal- /i/��1 6��u r Representing /Petitioner: �r 'y'kroc Other: COLLIER COUNTY ORDINANCE NO. 2003 -53, AS AMENDED BY ORDINANCE 2004 -05 AND 2007 -24, REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. YOU ARE LIMITED TO THREE (3) MINUTES FOR YOU COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PRIOR TO THE SUBJECT BEING HEARD (PLEASE PRINT CLEARLY) MEETING DATE t Z (Circle Meeting Type) Regular Special Workshop Budget AGENDA ITEM , AGENDA ITEM TITLE NAME 4 J, r � � %^ ll�_� �� ADDRESS Representing/ Petitioner: V11 Ol eq �5 r��. Other: COLLIER COUNTY ORDINANCE NO. 2003 -53, AS AMENDED BY ORDINANCE 2004 -05 AND 2007 -24, REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. YOU ARE LIMITED TO THREE (3) MINUTES FOR YOU COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR MEETING DATE Z/ lell (PLEASE PRINT CLEARLY) (Circl AGENDA ITEM 16-4 AGENDA ITEM TITLE NAME ADDRESS 2— S ,a zj 6 t e- 0, & W� �-0 J Representing/ Petitioner: /'--s/ V e.,t Other: COLLIER COUNTY ORDINANCE NO. 2003 -53, AS AMENDED BY ORDINANCE 2004 -05 AND 2007 -24, REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. YOU ARE LIMITED TO THREE (3) MINUTES FOR YOU COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PRIOR TO THE SUBJECT BEING HEARD (PLEASE PRINT CLEARLY) MEETING DATE P10 r Ire / , 61 t- �..,I'c�. '. (Circle Meeting Type) Regular Special Workshop Budget AGENDA ITEM f© A AGENDA ITEM TITLE L Dr^ AmehAvne NAME Slt5jm Lea& ct -e ,- ADDRESS Representing/ Petitioner: 19 Blece.6i1( NJe- --*L-86t. Other: COLLIER COUNTY ORDINANCE NO. 2003 -53, AS AMENDED BY ORDINANCE 2004 -05 AND 2007 -24, REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. YOU ARE LIMITED TO THREE (3) MINUTES FOR YOU COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PRIOR TO THE SUBJECT BEING HEARD Text underlined is new text to be added. Bold text indicates a defined term 1 LDC Amendment Request 2 3 4 5 ORIGIN: Zoning Department per the BCC 6 7 AUTHOR: Susan Istenes, AICP 8 9 DEPARTMENT: Zoning 10 11 AMENDMENT CYCLE: 2009 Cycle 1 12 13 LDC PAGE: LDC5:4 14 15 LDC SECTION(S): 5.03.02 Fences and Walls 16 17 CHANGE: Reorganize the fences and walls requirements in its entirety for ease of reading. 18 Organized the ordinance by specifying requirements by zoning classifications (i.e. residential, 19 commercial, etc.). 20 21 Additional changes are as follows: 22 23 1. Removed the ability to get an administrative height variance for residential fences per 24 BCC direction (see attached minutes). 25 26 2. There were areas of the Code which required the BZA to decide if barbed wire in 27 conjunction with a chain link fence was permissible in a residential district. The 28 reference to chain link fences was removed and replaced with "fence" making this section 29 applicable to all types of fences and the reference to the BZA was removed and replaced 30 with the County Manager or designee making this an administrative decision 31 (administrative variance) rather than one that requires a public hearing. 32 33 3. Added a reference to wire and wire mesh fencing. The applicability of the code regarding 34 wire mesh fencing isn't clear and it has been questioned. A reference to wire mesh has 35 been added to be the equivalent of chain link, therefore the same regulations that apply to 36 chain link will apply to wire mesh fencing. 37 38 4. Replaced the word "fence" for "sight" (see highlight)(no change in regulation). 39 40 5. Added exclusions to the wall requirement between non - residential and residential 41 developments where the non - residential property is a golf course or preserve. 42 43 6. Changed the reference for the sight triangle requirement at all street intersections for all 44 districts because it is currently listed as applicable only under residential zoning. The 45 sight triangle regulations pertain to all affected intersection regardless of the zoning 46 district of the abutting properties. 93 1 : \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc Text underlined is new text to be added. Te)d n•i L..•A.r. ..1. is ..n1 Ir.N to be rl.. pled Bold text indicates a defined term 1 2 7. Added reference and regulations pertaining to Sound Walls, which currently are not recognized 3 in the LDC. 4 5 REASON: Directed by BCC to remove the ability to get an administrative height waiver for 6 properties located in a residential zoning district and made the following modifications: 7 reorganized for more efficient reading; included administrative deviation to exclude golf courses 8 and preserves from wall requirement between residential and non - residential uses ; modified the 9 provisions requiring BZA approval to install barbed wire in conjunction with chain link fences in 10 residential districts to allow staff to approve this request through an administrative variance 11 process for all types of fences which incorporate barbed wire. 12 13 FISCAL & OPERATIONAL IMPACTS: Pursuant to change number 1 above, the fee to 14 process and administrative variance is currently $1,000. The fee to process a variance petition 15 (the only available alternative to vary the height) for residential property is $2,000 plus the costs 16 of advertising, etc. thus should a residential property owner wish to apply for a fence height 17 variance the cost will increase by approximately $1700. Pursuant to number 2 above, the fee to 18 seek BZA approval to erect barbed wire fencing in residential districts is currently $2,000 plus 19 the cost of advertising, etc. The fee to seek staff administrative approve is currently $1,000 thus 20 the cost will be reduced by approximately $1700 dollars should a property owner wish to erect 21 barbed wire fencing in conjunction with other types of fencing. 22 23 RELATED CODES OR REGULATIONS: 24 25 GROWTH MANAGEMENT PLAN IMPACT: None 26 27 OTHER NOTES/VERSION DATE: Created August 12, 2009. Revised November 19, 2009 28 per DSAC/LDR. Revised March 3, 2010 per CCPC. Revised March 15, 2010 for corrections. 29 30 31 Amend the LDC as follows: 32 33 5.03.00 ACCESSORY USES AND STRUCTURES 34 35 e nz m Fe_ees and Wall 37 A A." dogtrirts. 4 42 property line, and said fence shall hp ;nrppnpd frorn view by plant ng a hedge e 43 living plant material at a minimun; of thirty (30) height and spaced a i 44 e• 45 within oRe (1) year of plaRtiRg. AR ii:FigatiGn system shall be iristalled to ensupe- 47 This regulatieR shall R9t apply t9 GiRgle farn ly homes. 4 48 09 Amend the LDC\2009-Cycle • (03181 0).doc Text underlined is new text to be added • •e •- - 1 i 1 1 �• - 1 95 L \09 Amend the LDC\2009 -Cycle 1 \LDC Packet\mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc Text underlined is new text to be added Bold text indirates a defined term II � 96 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc 12 "Re be frern the level the fPRRP IQA;3tiAR. g shall measured- grGURd at 14 Altered se as to feF higheF feRGe, the County Manager d86i@Ree provide a 9F shall S to, the fGHOWORg faGts; 23 the length of the feRGe, and at point13 an the VOGFRity ef the feRGe. 25 3. The P-IB�Wg-finn Bn bath the feRGe. IR the fence height, gFGUnB sides of MeaSUFiRg • the gFG6lRd elevafign OR thp side of the fenre !ewes 27 elevation shall be used as a pOiRt fFOFn i.A.fh;G-.h thp- fBnn_e height is to be Fneaswed. S 29 4. FRIPIGPI; be howeveF, f8RG8 GF walls shall permitted prinsipal uses; a GF Wall Shall 1 39 height of six (6) feet; eXGept foF publiG Utility aRGillary systems, for whiGh the 41 (1) aGre oF less OR feRGes aFea, or walls ma 44 45 systems for whiGh the allowable height is eight (9) feet OR all yardis. 46 47 3. For lets one (1) less OR height knitis fGF wateFfront aGre or area, are as ROR 48 wateFfFORt 'OtS, but with the additiGRRI _• 4• required Fear yaFd aFe limited tO fGUF (4) feet. 51 4 96 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc Text underlined is new text to be added Bold text indicates a defined term 2 feet OR height, with the exGeptioR that any paFfien of a i 4 (3) feet iR height. (TwG (2) sides ef this tpiaRgle e)dend thirty (30) feet aIGRg the 5 prepeFty IiReG frem the pOiRt wheFe the right of way lines meet, and the third side 97 1 : \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc 10 1, eXGept that the Board of Zoning Appeals may allew the - 12 hazard Fnay exist, 66IGh as a utility subStatiOR, sewage tFeatFRent plant, Gr siMila 13 use. ■ 24 2. WheRevei: ' O. 17 exempt from height and type Of GonStFLIGtion requiinemeRtS. IS I 97 1 : \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc ■ • •e shall b feet height. 24 2. WheRevei: ' a __ 33 1OGaI street, or the properties are separated by a platted alley, the wall aRWOF 34 fp—nne c;h;;Ii he laraterl a minim, im of three (3) feet fizem the Fe . of the -f 35 way landSGape buffer line and shall be four (4) feet On Wqht. • 37 5. O. fFGRt OR rnere than ARe feet high prepeFties whiGh (1) street, a six (6) waR 38 nnrilnr fennim shall be Fequired along the 6treet whiGh is apposite the .0 acqacent to the rear of the project. Be—' .. (i .• 97 1 : \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc Text underlined is new text to be added. T-e)d StF keth n gh 'n __ not tn.n W be deleted Bold text indicates a defined term 9 H. t h to vu and-lor f frr These 'wings r slaa;l ease -.� moo, ,��e- sa;stfa �-requ 10 oammeel:6 de_elop ent fFenti Rg on an arte....'.I nallerf^.. ad the .. .. where rm ..� �� 11 opposite side 9f SUGh Feadway OF; Zoned residential "-pwise 12 . 13 14 A. , .fall and /nr fence shall he n nstr rted fdio,. sin.. site plan a al h t n r to aRy 15 16 17 den ndinn non the In_..t p of afferte t r{ ant erF;ral pha`__ _I and _fte 18 . 19 20 (Ord. No. 05 -27, § 3.EE; Ord. No. 08 -63, § 3.S) 21 22 23 24 5.03.02 Fences and Walls Excluding Sound Walls 25 2 6 A. Fences or walls shall be permitted principal uses in all districts, subject to the 27 restrictions set forth in this section, unless specifically exempted however a fence or 2 8 wall shall not, in any way constitute a use or structure, which permits requires and /or 2 9 provides for any accessory uses and /or structures. 30 31 B. A fence or wall may be located on a lot line, but no fence or`wall (including foundation) 32 shall protrude in full or part on adjacent property or right -of -way. 33 34 C. Residential and TTRVC zoning districts and designated residential components of PUDs 35 shall be subject to the following maximum fence and wall heights: 36 37 a. Required front yard 38 3 9 i. lots greater than 1 acre: 6 feet 40 41 ii. non - waterfront interior lots 1 acre or less: 4 feet 42 4 3 iii. waterfront lots 1 acre or less: 4 feet 44 45 iv. corner lots 1 acre or less: fences closer than 10 feet to the longest lot 4 6 line frontage of a corner lot, 4 feet; when placed at 10 feet or greater 4 7 from the longest lot line frontage, than 6 feet. 48 4 9 b. Required side and /or rear yard(s) 50 51 i. lots greater than 1 acre: 6 feet 98 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet\mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc Text underlined is new text to be added. Te)d strikethre, gh 46 GUFFeRt 4e..{ Ie be .deleted Bold text indicates a defined term 1 2 ii. non - waterfront interior lots 1 acre or less: 6 feet 3 iii. waterfront lots 1 acre or less: 6 feet side yard(s); 4 feet in rear yards 6 iv. Public Utility Ancillary Systems: 8 feet 7 8 V. corner lots 1 acre or less: 4 feet (there is no rear yard on a corner lot 9 (see definition of corner lot ** forthcoming) 10 11 D. Commercial and Industrial zoninq districts, excluding the TTRVC zoning district' 12 Business Park zoning districts; and designated commercial, industrial and business park 13 components of PUDs shall be subiect to the following maximum fence and wall heights: 14 15 1. Fences or walls. , shall be limited to a maximum 16 height of 8 feet. with eXGeptinn to these ZGRed TTRVG (see 5.03.02.B.1, 17 18 2. The County Manager or designee may approve an administrative variance from 19 the height limitations of fences and walls in commercial and industrial zoning 20 districts provided that at least one (1) health, safety, or welfare hazard peculiar to 21 the property is identified, and that such approval does not address a generic 22 problem more properly corrected by an amendment to this Code. 23 24 E. Agricultural and Conservation zoning districts 25 26 1. Fences and walls within agricultural districts shall be exempt from height and type of 27 construction requirements. 28 29 F. Fence and wall design standards in all districts 30 31 1. Measurement of fence or wall height 32 33 a. Existing ground levels shall not be altered for the purpose of increasing 34 the height of a proposed fence or wall except as provided for w4hin 35 k in this section and section 4.06.00. 36 37 b. Determination of ground level. The height of a fence or wall Jesated 38 euts*de of the bumidong ' *Re shall be measured from the ground level at 39 the fence or wall location. The County Manager or designee shall 40 determine the ground level for the purposes of measuring the height 41 when it has been determined that the ground level has been altered for 42 the purposes of increasing the height. In such determinations, the 43 County Manager or designee may consider, but is not limited to, the 44 following facts: 45 46 i. General ground elevation of the entire lot. 47 48 ii. In the case of a lot with varying ground elevations, the average 49 elevation over the length of the fence or wall and at points in the 50 vicinity of the fence or wall. 51 99 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc Text underlined is new text to be added. Fikethrough iS GUFFeRt te)d to be deleted Bold text indicates a defined term 1 C. The ground elevation on both sides of the fence or wall. In measuring the 2 height the ground elevation on the side of the fence or wall location that 3 is at the lowest elevation shall be used as a point from which the height is 4 to be measured. 5 6 7 2. Fences and walls shall be constructed of conventional building materials such 8 as but not limited to, , precast 'concrete," composite fencing 9 materials concrete masonary, brick, wood, decorative iron or steel, wire aad or 10 chain link, as specified herein. 11 12 3. Fences and walls shall be constructed and maintained in a manner as to not � 13 create a safety hazard or a public nuisance. safety -�sa e SAW 14 15 6 No fen 'this aRV dbstrist shall blGGk the vnew Gf passing motorists Gr 16 pedestrians se as fn GeRstit to a hazard. 17 18 4. Safe Distance Sight Triangle 19 20 a. A safe distance sight triangle shall be maintained where any property 21 abuts the intersection of 2 rights -of -way (see subsection 6.06.05 C.). 22 The triangle is created from the point of intersection and extends parallel 23 to the abutting rights of way for a distance of 30 feet, connected by a line 24 to create the 3rd side . Any portion of a front yard fence or wall within this 25 trianale is restricted to a heiqht of 3 feet. (See illustration 5 -1). I CLEAR AREA FOR j+ j SIGHT DISTANCE- - - - - - — - - - - -/ - - - - - -- '0__- PAVEMENT-- ---------- I q II I I 1 I LOCAL ROADWAY IN SUBDIVISION 27 28 29 5. Fences and walls shall be constructed to present a the finished side of the fence 30 or wall to the adjoining lot or any abutting right -of -way. 100 IA09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Text underlined is new text to be added. Te..t ctrikethrough in ent tevt to be deleted Bold text indicates a defined term a. If a fence, wall, or continuous landscape hedge exists on the adjoining parcel, this provision may be administratively waived by filing the appropriate application and for consideration by the County Manager or designee. a charged fences are prohibited, except that the County 'Manager, or designee may allow the use of barbed wire in coniunction with a fence for facilities where a security hazard may exist, such as a utility substation, sewage treatment plant, or similar use. G. Supplemental Standards 1. Fences on sites with structures which are subject to section 5.05.08 Architectural & Site Design Standards must comply with the following additional standards: a. Chain link (including wire mesh) and wood fences are prohibited forward of the primary facade and shall be a minimum of 100 feet from a public right -of -way. If these types of fences face a public or private street then they shall be screened with an irrigated hedge planted directly in front of the fence on the street side. Plant material shall be a minimum of 3 gallons in size and planted no more than 3 feet on center at time of installation. This Dlant material must be maintained at no less than three- b. Fences forward of the primary facade, excluding chain link, wire mesh and wood are permitted under the following conditions: Fences shall not exceed 4 feet in h ii. The fence provides either an open view at a minimum of 25 percent of its length or provides variation in its height for a minimum of 15 percent of its length with a deviation of at least 12 inches. iii. The fence style must complement building style through material, color and design. 2. Use of Chain link or wire mesh fencing (the requirements of this section are applicable to single family dwellings a. With except+e n-t^'o Aia;ly dwa;linos, I+f located adjacent to arterial or collector road >in ien coastfa, the fence shall placed no closer than three (3) feet to the edge of the right -of -way or property line. b. The fence shall be screened by an irrigated, living plant hedge at least thirty (30) inches in height at planting and spaced a distance apart that 101 L \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc Text underlined is new text to be added. Fiketh Fo gh is ent te—)d to -be deleted Bold text indicates a defined term 1 will achieve opacity of 80 percent sight - obscuring screen within one (1) 2 year of planting. 3 4 rD. The Fequiromants of this oertieR aFe not aPP!iGable- tv- ciRgle family 5 6 7 3. Barbed wire is only authorized within agricultural, commercial, industrial districts 8 and on fences surrounding public utility ancillary systems in all districts. 9 Razor or concertina wire is not permitted except in the case of an institution 10 whose purpose is to incarcerate individuals, i.e., a jail or penitentiary, or by 11 application and decision by the County Manager or designee. 12 13 H. Wall requirement between residential and nonresidential development 14 15 Whenever a nonresidential development lies contiguous to or opposite a residentially 16 zoned district, a masonry wall, concrete or pre- fabricated concrete wall and /or fence 17 shall be constructed on the nonresidential property consistent with the following 18 standards. 19 20 1. Heiqht and Location. 21 22 a. If located on a contiquous property, then height shall be 6 feet to 8 feet 23 and placement shall be no less than 6 feet from the residentially zoned 24 district. 25 26 b. If located on a property opposite a residentially zoned district but fronting 27 on a local street or roadway, or the properties are separated by a platted 28 alley, then height shall be 4 feet and placement shall be a minimum of 3 29 feet from the rear of the right -of -way landscape buffer line. 30 31 C. If a property fronts on more than 1 street, then height shall be 6 feet and 32 placement shall be required along the street which is opposite the 33 primary ingress and egress point of the project along the street frontage 34 which is adjacent to the rear of the project. 35 36 d. These regulations shall not be construed to require a masonry wall and /or 37 fence for properties used as golf courses or preserve areas and non - 38 residential development fronting on an arterial or collector roadway 39 where the opposite side of such roadway is zoned residential or to be 40 otherwise inconsistent with the provisions of section 5.05.08(B) of this 41 Code. 42 43 2. Landscaping requirements. 44 45 a. When the placement is within the required landscape buffers, then the 46 required vegetative plantings and irrigation for the buffer shall be located 47 on the external side such that 50 percent of the wall and /or fence is 48 screened within 1 year of the installation of the vegetative material. 49 50 b. When the placement is outside of a required landscape buffer, then the 51 wall and /or fence shall be screened with an abuttina. continuous 102 L \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc Text underlined is new text to be added. T )d # ike#hee, eh is ee# #ev# #e he deleted. Bold text indicates a defined term 1 irrigated hedge on the external side such that 50 percent of the wall 2 and /or fence is screened within 1 year of the installation of the vegetative 3 material. 4 5 3. Timing of installation. 6 7 a. The wall and /or fence shall be constructed following site plan approval 8 but prior to the occurrence of any vertical construction or other site 9 improvements. At the County Manager or designee's discretion, if site 10 conditions warrant, the wall may be constructed in phases and /or after 11 vertical construction or site improvements commence, depending upon 12 the location of affected residential areas. 13 14 4. Deviation from wall requirement. 15 16 a. At the applicant's request, the County Manager or designee may 17 determine that a masonry wall and /or fence is not warranted, particularly 18 where the local street lies contiguous to the rear of a residence or some 19 other physical separation exists between the residential development and 20 the nonresidential development, or for other good cause including the 21 existence of a wall on an adjacent residential development. The 22 applicant shall demonstrate that the intent of this section can be 23 effectively accomplished, without constructing a wall, by submitting for 24 approval of an alternative design and a descriptive narrative through the 25 administrative variance process set forth in subsection 6ffitla = of 26 this Code. The County Manager or designee shall review the submitted 27 documents for consistency with the intent of this section and, if the 28 administrative variance is approved, the approval and its basis shall be 29 noted on the site development plan and the administrative variance 30 approval letter. 31 32 I. Special fences and walls 33 34 1. Sound Walls 35 36 a. Sound walls erected by, or at the direction of,` any government entity for 37 purposes of attenuating sound from an interstate, collector or arterial 38 roadways shall be exempt from height restrictions. 39 40 2. Public utility ancillary facilities. 41 42 a. See subsection 5.05.12. 43 103 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc Text underlined is new text to be added. Te;d str keth Fo gh 'n nn11nN to be dP PtAd Bold text indicates a defined term 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 -- This page intentionally left blank -- 27 104 1 : \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Text underlined is new text to be added. Text StSk th.....gh S 9Atte)d t9 14.. Ar.1..fAll Bold text indicates a defined term 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. Revised March 15, 2010. Amend the LDC as follows: CHAPTER 5 SUPPLEMENTAL STANDARDS 3 5.04.00 Temporary Uses and Structures 5.04.01 Temporary Use Permits 5.04.02 Interim Agricultural Uses 5.04.03 Temporary Uses During Construction 5.04.04 Model Homes and Model Sales Centers 5.04.05 Temporary Events 5.04.06 Temporary Signs 5.04.07 Annual Beach Event Permits 105 1: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Text underlined is new text to be added. Text sti Letla..a ..1. 'e G mFFPAt tP)d to he c1pleted Bold text indicates a defined term 5.04.08 (Reservedl x x x x w x x x x x x x x 5.04.00 TEMPORARY USES AND STRUCTURES 5.04.01 Temporary Use Permits. 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. [Relocated, was 10.02.06 G.1, see page 17 of this document] 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 —AR [Partially relocated, was 10.02.06 G.2 (remainder is 10.02.06 G.4.), see page 17 of this document] 5.04.02 Interim Agricultural Uses x x x x x x x w t x x w x 5.04.03 Temporary Uses During Construction x x x x x x x x x x x x x 5.04.04 Model Homes and Model Sales Centers 5.04.05 Temporary Events 36 A. Tempepary Sa! °s. Special Events. 37 38 1. Sales and Promotional Events. 39 40 1 a. In', e Gase of temporary use permit is required for temporary sales 41 and /or promotional events on non - residential property, such as grand 42 openings, going out of business sales, special promotional sales, 43 sidewalk sales overstock sales, tent sales, or other similar uses 44 ( G!..... of g - "n e sales, lawn __le _ and ...I_ r private L...._ _ales) 4 5 the County naR age. G. dG gRee n „ gFaRt .,_... eRewable pe..., is for ..,., en.ene,. 46 sales and promotional events related to the principal activities in 47 operation at the subject property, unless otherwise provided for in this 48 section. 49 GaleRdar year the sum total ef all perrnit,; for s, -Gh events for that InGatie 50 dees not exceed h.:,,,. t. eight (28) days. A multi tenant building of te.. 51 (10) Gr more to :th annual leases m utilize vf 106 IA09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc Text underlined is new text to be added. Bold text indicates a defined term 10 b. A temporary use permit for sales or promotional events shall meet the 11 procedural requirements of Section 10.02.06 G. 12 13 2.C. T I ;+ TeRlpe ary —sales per -nits m'n' support of the use —being permi+t� 14 iRGlude -the placement-of one (1) sign, a- max mum of thirty two (32) 15 square feet, or,,�t � e (2) S Gh oinnc for properties non+aininn mere than one 16 (1) street frontage. addi +inn +n the allowable sinnS, Merohandise--. 17 temporary structures, and equipment may beeped en the site. All 18 tempeFary SintU es and equipment, mereor.andsse, er- plasementt and 19 paFklnorr� of ehi leles OR GGRj motion with the + perary sale ' shall Gonform 20 to the mipimiim yard requirements of the district in whiohit is Incated If 21 the tempnrar„ use is net diseenfinued -apen expiratien of the permit, 22 shall be deemed a vielafiOR of this wand shall be two -the 23 penalties herein 24 In support of the proposed temporary sale or event, temporary signs, 25 merchandise, structures, ` and equipment may be placed subject to 26 approval of a site plan depicting same. 27 28 i. Temporary signage shall be subject to the restrictions set forth in 29 section 5.04.06. 30 31 ii. All temporary structures and equipment merchandise, or 32 placement and parking of vehicles in conjunction with the 33 temporary sale, shall conform to the minimum yard requirements 34 of the zoning district in which it is located. 35 36 iii. A building permit may be required for the erection of temporary 37 structures. 38 39 3. d. Temporary ales use permits for sales may be issued to the owner(s) of 40 a commercial establishment, or to the tenant(s) operating within a 41 commercial establishment with the approval of the property owner or 42 property manager, provided said tenant provides documentation of a 43 current annual lease with the property owner. Uses permitted by an 44 approved temporary sales permit shall be operated by the property owner 45 or tenant(s), except as provided for in sections 5.04.05 46 A.1 "g: and 5.04.05 A. 1.h. below. 47 48 4. e. Temporary ales use permits for sales shall be restricted to those zoning 49 districts in which the sale of the items would normally be permitted. 50 Further, the sales activity permitted by the temporary use permit shall be 51 related to the principal commercial activities in operation on the subject 107 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc Text underlined is new text to be added. T )d stFikethrGugh is ent text to he deleted Bold text indicates a defined term 1 property, except as provided for in subsections 5.04.05(A)(5} 5.04.05 2 A.1.g• and 5.04.05(A) 5.04.05 A.1.h. below. The issuaRGe of a 3 temporary use e permit shall not be issl led fnr I redeveloped properties 5 f. Special event temporary use permits shall not be issued for undeveloped 6 properties with exception to pre- construction ground breaking events 7 with a valid development order. [old /struck portion of 5.04.05 A.4. with 8 added provision for ground breaking ceremonies which would otherwise 9 be prohibited (above)] 10 11 5. -g_The County Manager or designee may issue temporary use permits for 12 satellite locations subject to the applicable restrictions set forth in this 13 section, provided the applicant currently operates a business from a 14 permanent, approved commercial location within the County. Additionally, 15 the purpose of the temporary sale shall be the same as the principal 16 purpose of the existing commercial business of the applicant. 17 18 6 -h. The County Manger or designee may, in determining a specific benefit to 19 the public, grant a temporary use permit to facilitate the sale of an item or 20 items not generally available within a specific planning community, 21 subject to the applicable restrictions set forth in this section. 22 23 7. A tempeFary sales permit shall meet the PFOGedural FeqUiFements of Chapter 24 The @PPliGant shall demORstFate that pFevisieR will be made to adequately 25 address each of the following: [Relocated to 10.02.06 G.4 (see page 18)] 26 27 a. VehiclIlar and pedestrian traffic measi Iroc 28 29 b. Addit%ppalrkingF eq ii eRtS (4�(�maxiim,�� maximum of ten (1 0) percent of the 30 p"r�n7T'ki ng-required by seGtlnvn 4..04.0 � -of this bed- e-may be ncci (pier: nr 31 gthepy}Se renderer! Ilnllsahle by the placement of temporary structures 32 egUipmeFlt, Sig„s, aid TT;erGhandise. The -min rmuiii -re., Fed Trumbeer of 33 handicapped spaces plIrslrant to seetlon 4 04 00 shall remain available 34 for usage. 35 36 G. Limited activity hours. 37 38 Watchmen fencing and lighting. 39 40 e. Ciro pretectien measures - 41 42 f Sanitary facilities 43 44 9- if required, a faithful per-fermaRGe bend to guaFaRtee GeMplianGe with the 45 condi tions of this permit 46 47 [Re- located; 5.04.05 C (page 7), 5.04.06 A.3.f (page 8), and 5.04.06 B.1.d (page 8)] 48 8. GaFage sales� in the Gase of garage sales, lawn sales, and other simila 49 t perary sales to be held at private homes, and ether places of i..�VTGlT, JG1i�.J —C�i�+ held �:� churches 50 wership, GOMmunity GenteFs, oF other nonprofit residentially Zoned institutiGFIS, 51 the- Geunty Manacier OF desieeee may issue one (17 two (2) 2 da„ nermit fnr 108 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc Text underlined is new text to be added Bold text indicates a defined term 2 use of teFnpGFaFy signs located on the pFepeFty where the snle is bei g held, 3 tn A. m;ix6FRUR; ef twG (2) SigRS, nG greateF than four (4) A square feet 4 eaGh. NG signs shall be plaGed any publiG Fights ef way, if the teFnPGF@Fy U69 8 2. Tempe ents. 9 [Relocated w/ modification, was old 10.02.06 G.4. (see page 22 of this document)] 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 I^ the sass of A temporary use permit is required for sports events, religious eveRtS, community -eveats, 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 The County tYlanager or his designee may grant -_a ra ru 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. If the te...r.e Fa Fy a Ot rd'c RtiR ed WP9R expiratinn of the ...'t it shall he cippr prl . lg finn of the I Rnd deyeler. ...ent Code aR d Y shall her Ke.J to the penalties therein 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 gents, religious events, community events, 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_, oF the bGRa fide nGRPFGfit eFgaRiza . Two such events per calendar year per organization are eligible for this ien- ep rmit. UIRI 1 : \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc Tent underlined is new text to be added. Bold text indicates a defined tern 1 2 3. Special Event time limits. 3 [Re- formatted, from 5.04.05 A.1 (above)] 4 a. The County Manager or designee may grant nonrenewable temporary 5 use permits of up to #eaReea (14) 14 days duration, such that during any 6 calendar year the sum total duration of all permits for such events for that 7 location does not exceed t`••er,t7Big t (28) 28 days. 8 9 b. For multiple occupancy parcels with 10 or more tenants the total duration 10 of all such permits shall not exceed 42 days per calendar year. 11 12 C. Temporary use permits for special events may be extended up to an 13 additional 4 weeks when approved by the Board of County 14 Commissioners. Such approval may be subject to stipulations and 15 additional constraints which shall be noted as conditions of the permit 16 and the permittee will be required to sign a notarized agreement to abide 17 by such conditions. 18 19 B. Temporary seasonal sales. A nonrenewable five (S) 5 -week temporary use permit may 20 be issued for seasonal and holiday - related temporary sales subject to the following 21 restrictions. 22 23 1. Temporary use permits for seasonal sales may be issued only for the following 24 seasonal /holiday related items: 25 26 a. Christmas trees. 27 28 b. Fireworks (subject to the issuance of an approved permit by the 29 jurisdictional fire district). 30 31 C. Pumpkins. 32 33 2. Temporary use permits for seasonal sales may be issued on improved or 34 unimproved properties, rovided ' - -the — applicant submits a GSR wkaish 35 ,de..,nn-;tratee that pFevisiens will be ...a.de to adequately addFess each of the 36 fellGwiRgg 37 [Struck portions of subsection mostly relocated to 10.02.06 GA (Page 18)] 38 39 a. Vehirular anal pedestrian traffio safety rn o 40 41 b Adequate on site 9F a.d.ditienal off site arkina areas for Unimproved 42 prepei4ies. e maximum of ten (10) n ent of the nark'. FequiFed by 43 68Gtm9R 4.04.00 of this Code may be GGGLIpmed or othPlI.A.FiRp. FPnr_JerPd 44 unusable by the nlaoement of tempo ntrUet..re.n equipmeRt, 45 requ 46 parkin spaces pursuaRt to oeation A 04 00 shall remain available for 47 usage 48 49 G. Limited activity hours. 50 51 d. le/atah McR,_feRGi.,n fena'nfena'n and ligh ring: 110 I \09 Amend the LDC\2009 -Cycle 1\LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810) -doc Text underlined is new text to be added. Te.h str'Lethm gh is en+ te)d to be deleted Bold text indicates a defined term 1 2 e. Fire Proteotign measures 3 4 f Sanitary farllitieC 5 6 3. The applicant shall provide a notarized letter from the property owner or 7 property manager granting permission to utilize the subject property for the 8 temporary seasonal sales. 9 10 4. Temporary use permits for seasonal and /or holiday sales may, in support of the 11 use being permitted, include the placement of one (1) sign a maximum of thirty 12 13 (1) street frontage In addition to the Placement of signs, merchandise, temporary 14 structures, and equipment may be plaGed gn �„ the site. 15 16 i. Temporary signage is subject to the restrictions set forth in subsection 17 5.04.06 A & B. 18 19 ii. A building permit may be required for the erection of temporary 20 structures. 21 22 , it shall be 23 deemed a violation of v this (�r+_ de and shall he S bjert tg the Penalties herein 24 25 [A portion of 5.04.05 A.B. (see page 4 of this document)] 26 C. Garage sales: In the case of garage sales, lawn sales, and other similar temporary sales 27 to be held at private homes, churches and other places of worship, community centers, 28 or other nonprofit residentially zoned institutions, the County Manager or designee may 29 issue one 2 -day permit for such events during each 6 month period. 30 31 32 5.04.06 Temporary Signs. [Ord. 09 -55, page 6 of 12] 33 34 A. Re [Ord. 09 -55, page 6 of 121 35 36 A. A temporary use permit is required for the placement of any temporary ground sign, 37 snipe sign, or banner that is not otherwise lawfully permitted. Temporary signs shall be 38 allowed subiect to the restrictions imposed by this section. 39 40 1. The County Manager or designee may issue temporary sign permits, classified 41 by use, as necessary to adequately address each ' of the 'temporary signs 42 described within this section. For each permit type the nonrefundable fee shall 43 be as established in the fee schedule for the services performed by the 44 Community Development and Environmental Services Division. 45 46 2. Temporary signs and banners shall not be erected prior to obtaining the 47 appropriate temporary use permit, and shall be removed on or before the 48 expiration date of the temporary use permit authorizing said sign. 49 50 3. Standards applicable to all temporary signs. 51 111 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc Text underlined is new text to be added. Fikethrn gh c n„rr ent te)d to be deleted Bold text indicates a defined term 1 a. Temporary signs and banners permitted by authority of this section shall 2 not be placed within any public right -of -way. 3 4 i. Sign placement shall not obstruct or impair the safe visibility, 5 ingress, or egress of pedestrians and motorists. 6 7 b. The occupant of a lot, parcel, multi- tenant parcel or mixed use building, 8 may display 1 on -site temporary sign; a second such sign may be 9 displayed on a property having a second street frontage. 10 11 C. Absent specific standards to the contrary, temporary signs shall be 12 located onsite and no closer than 10 feet to any property line. 13 14 d. Temporary signs and banners used on nonresidential or mixed use 15 properties shall not exceed 32 square feet in sign area or 8 feet in height. 16 17 e. Temporary signs used on residentially zoned properties shall not exceed 18 4 square feet in area or 3 feet in height. 19 20 21 B. Temporary Sign Permit Types and Standards. [Ord. 09 -55, page 6 of 12] 22 23 1. Temporary Events. A temporary use permit for a temporary event, issued per 24 section 5.04.05., shall allow for the placement of temporary signage as classified 25 and regulated herein. [Ord. 09 -55, page 6 of 12] 26 27 a. A "sign only" temporary use permit may be issued for temporary ground 28 signs and banners used to promote a sale, event, or activity not requiring 29 a temporary event temporary use permit per section 5.04.05 of this Code. 30 Such uses include, however are not limited to, study or course offerings, 31 vacation camp, non - public indoor events, and sales events occurring 32 within the confines of an established business. [Ord. 09 -55, page 6 of 12] 33 34 i. "Sign only' temporary use permits will be allowed, regulated, and 35 enforced as special event signs. [Ord. 09 -55, page 6 of 12] 36 37 ii. Time limits for `sign only' temporary use permits shall be the same 38 as those for special events, see subsection 5.04.05 A.3. 39 [Ord. 09 -55, page 6 of 12] 40 41 b. Special event signs. [Ord. 09 -55, page 6 of 12] 42 43 L Special event signs shall be erected not more than 15 calendar 44 days prior to the supporting event and shall be removed within 7 45 calendar days after the event has taken place. 46 [Ord. 09 -55, page 6 of 12] 47 48 C. Seasonal sales signs. 49 [authorized by 5.04.05 13.4., (see page 7 of this document)] 50 112 L\09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc Text underlined is new text to be added. Te..t rlrikethrnugh is ent tevt to be deleted Bold text indicates a defined term 1 (A portion of 5.04.05 A.B. (see page 4 of this document)l 2 d. Garage sales signs. Two temporary signs may be placed on the property 3 where the sale is being conducted. 4 5 2. Grand Opening signs. A one -time 14 -day nonrenewable grand opening sign 6 only temporary use permit may be issued upon the opening of a new business, 7 or the approved relocation of an existing business. [Ord. 09 -55, page 6 of 12] 8 9 a A current valid Collier County Business Tax Receipt or an approved Land 10 Use and Zoning Certificate (Non - Residential) may serve as evidence of 11 the new business, or location, opening. [Ord. 09 -55, page 6 of 12] 12 13 b. A separate permit is not required for a grand opening sign if being placed 14 in conjunction with a special event temporary use permit issued per 15 subsection 5.04.05 A.1. [Ord. 09 -55, page 6 of 12] 16 17 C. A grand opening sign- temporary use permit may only be obtained within 18 the first 3 months of establishing a new business or location. 19 [Ord. 09 -55, page 7 of 12] 20 21 d. A grand opening sign is limited to an anchored banner. 22 [Ord. 09 -55, page 7 of 12] 23 24 e. A "sign only" temporary use permit for a grand opening sign shall be 25 exempt from the annual time limitations identified in subsections 5.04.05 26 A.3.a. and 5.04.06 C.1.a.ii. [Ord. 09 -55, page 7 of 12] 27 28 3. "Coming Soon Signs." A onetime non - renewable temporary use permit may be 29 granted, for a coming soon sign located within a non - residential zoning district, 30 subject to the following: [Ord. 09 -55, page 7 of 12] 31 32 a. As applied in this section, a coming soon sign is defined as a ground 33 sign used to inform the public of the intended opening of a new business. 34 [Ord. 09 -55, page 7 of 12] 35 36 b. A temporary use permit for a sign shall not be issued until the applicant 37 has applied for a building permit for the principal structure. 38 [Ord. 09 -55, page 7 of 12] 39 40 C. The temporary use permit number shall be placed at the base of the sign 41 not less than 'h inch from the bottom. [Ord. 09 -55, page 7 of 12] 42 43 d. The sign shall not be displayed for a period more than 6 months from the 44 issuance of the temporary use permit or until the issuance of a permit for 45 the permanent sign, whichever occurs first. The nonrefundable fee for 46 this temporary use permit shall be as set forth in the fee schedule for the 47 services performed by the Community Development and Environmental 48 Services Division. [Ord. 09 -55, page 7 of 12] 49 50 4. Temporary business identification signs. A temporary use permit allowing for the 51 temDorary placement of a sian solelv for the Durpose of disDlavina a business 113 L \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc Text underlined is new text to be added. rikethre„eh is eRt te)d to he deleted Bold text indicates a defined term 1 name for an existinq business undergoing a permitted renovation, remodel, or 2 repair that would require the temporary removal of an existinq legally conforming 3 sign. 4 5 a. As applied in this section, the sign must be constructed of wood, plastic, 6 or other similar material, may not be a banner sign, and is limited to 16 7 square feet. 8 9 b. If placed in a shopping center or multiple occupancy building, the 10 temporary sign for each business must be of similar color, lettering, and 11 style. 12 13 C. The sign may be affixed to the building or free - standing in front of the 14 building so long as the sign does not obstruct or interfere with pedestrian 15 or vehicular traffic, parking or fire lanes, or access to adjacent units. 16 17 d. The sign may remain in place for no longer than 120 days, until 18 construction has been completed, or a permanent sign is installed 19 whichever occurs first. 20 21 [This subsection was changed and relocated from 5.06.04 F.9.b. (page 15 of this 22 document)] 23 5. Temporary sign covers. A non - renewable temporary use permit is required to 24 erect a temporary sign cover over an existing sign unless otherwise provided 25 herein. Temporary signs shall be allowed subject to the restrictions imposed by 26 this section. 27 28 a. A sign cover made from white vinyl or canvas may be authorized for an 29 existing ground or pole sign for 120 days, or when the permanent sign is 30 installed, whichever occurs first, after which time the cover shall be 31 removed, regardless of whether or not the sign face has been replaced. 32 33 34 6. Election and Referendum signs. Signs for elections and referendums shall be 35 permitted subject to the following requirements: [Ord. 09 -55, page 7 of 12] 36 37 a. A bulk temporary permit shall be obtained prior to the erection, 38 installation, placement, or display of signage before elections and 39 referendums. The fee for the bulk permit shall be as set forth in the fee 40 schedule for the services performed by the Community Development and 41 Environmental Services Division. [Ord. 09 -55, page 7 of 12] 42 43 b. The bulk permit number shall appear on every sign or on the pole 44 supporting the sign. [Ord. 09 -55, page 7 of 12] 45 46 C. All signs for which the permit is issued shall be removed within 7 days 47 after the event. Each sign not removed within the required time shall 48 constitute a separate violation of this Code. The permittee will be subject 49 to issuance of a citation for each violation from the Collier County Code 50 Enforcement Board. [Ord. 09 -55, page 7 of 12] 51 114 L \09 Amend the LDC\2009 -Cycle 1\LDC Packet\mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc Text underlined is new text to be added. roketh Fo gh is GUrrant tev4 to he deleted Bold text indicates a defined term 1 d. Signs erected within residentially zoned or used property shall not 2 exceed 4 square feet in area and 3 feet in height, and shall be located 3 on -site and no closer than 5 feet to any property line. 4 [Ord. 09 -55, page 8 of 12] 5 6 e. In all other zoning districts; such signs shall not exceed a maximum sign 7 area of 32 square feet per si and 8 feet in height, except when affixed 8 to the surface of a building wall, and shall be located no closer than 10 9 feet to any property line. The quantity of such signs shall be limited to 1 10 sign for each lot or parcel per bulk permit issued. 11 [Ord. 09 -55, page 8 of 12] 12 13 In addition to a h„IL temnepar -y use permit a building permit Gh�ll 14 be required for each iRstalled Ginn. [Ord. 09 -55, page 8 of 12] 15 16 H. All s,uppe is shall he seo„rely built GenGtr„rted and erected to 17 r•onfnrm to the rep, nrementG of the Florida Building Code 18 [Ord. 09 -55, page 8 of 12] 19 20 The maximum height of aRy Ginn or— pester - shall -be limited to 8 21 feet, for signs affixed to the G„r ar-e of o building wall , 22 [Ord. 09 -55, page 8 of 12] 23 24 25 5.04.07 Annual Beach Events Permits [Ord. 09 -55, page 8 of 12] 26 27 A.. The owner of beach -front commercial hotel -resort property shall apply for an annual 28 beach events permit. The County Manager or his designee, or his designee, may grant 29 the permit following review of an application for such permit. The application shall be 30 submitted on the form prescribed by Collier County together with the applicable fee for 31 the number of planned annual beach events as indicated on the permit form and 32 exhibits thereto. Permits issued pursuant to this section are not intended to authorize 33 any violation of F.S. § 370.12, or any of the provisions of the Endangered Species Act of 34 1973, as it may be amended. 35 36 B. For purposes of this section, a "beach event" shall mean and refer to any social, 37 recreational or entertainment event (whether public or private), conducted on the beach 38 and satisfying one or more of the following criteria: 39 40 1. The event involves the use of dining /picnic tables and chairs, serving tables, or 41 other ancillary equipment typically used to serve an on -site meal; or 42 43 2. The event involves the use of staging equipment, amplified music, or the use of 44 other types of electrical equipment for purposes of enhanced light and /or sound; 45 or 46 47 3. The event: 48 49 (a) Is attended by 25 or more people and is organized by or with the help of 50 the commercial property owner; and 51 115 L \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc Text underlined is new text to be added Bold text indicates a defined term 1 (b) Is of a nature not commonly associated with the day -to -day use of the 2 beach by the general public. 3 4 C. Notice of scheduled events: 6 1. On or before the 25th day of each calendar month, the holder of such permit 7 shall cause Collier County to be furnished with written notice of all beach events 8 scheduled for the following month, in the form and content made a part of the 9 annual beach events permit application. The notice shall indicate the date, time 10 and duration of each event. 11 12 2. If a beach event is scheduled after the monthly notification has been furnished to 13 Collier County, the property owner shall furnish the county with a separate 14 written notice at least 48 -hours prior to such event. 15 16 3. All notices or documents furnished to Collier County pursuant to the permit or 17 these regulations shall be sent to Collier County Planning Services Department 18 and for events that occur during sea turtle nesting season, to the Collier County 19 Natural Resource Department as well. 20 21 D. Event cancellations and postponements: 22 23 1. If a scheduled beach event is canceled or postponed, the property owner shall 24 furnish Collier County with written notification of such cancellation or 25 postponement. It is understood that weather conditions may cause last minute 26 cancellations, however the property owner shall make every effort to notify the 27 county staff a minimum of four hours prior to the scheduled event time. If such 28 event is rescheduled, notice of the date and time of the rescheduled event shall 29 be provided. 30 31 2. If a beach event is canceled or postponed, and no other beach events are 32 scheduled for the date of the canceled /postponed event, and Collier County has 33 been notified of such cancellation or postponement, then the canceled or 34 postponed event shall not count towards the maximum number of beach events 35 authorized by the permit. 36 37 E. Sea turtle nesting season. Annual beach events which occur during sea turtle nesting 38 season (May 1st through October 31st of each year) are also subject to the following 39 regulations: 40 41 1. All required Florida Department of Environmental Protection (FDEP) field 42 permits, shall be obtained and a copy furnished to Collier County prior to the time 43 of the scheduled event as set forth in section 5.04 96(G) 5`.04.07(C) 44 45 2. Consistent with section 10.02.06, and the Code of Laws of Collier County, no 46 structure set up, or beach raking or mechanical cleaning activity for any 47 particular beach event shall commence until after monitoring conducted by 48 personnel with prior experience and training in nest surveys procedures and 49 possessing a valid Fish and Wildlife Conservation Commission Marine Turtle 50 Permit has been completed. 51 116 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc Text underlined is new text to be added. Tevt strikethm gh is et tevt to be deleted. Bold text indicates a defined term 1 3. Prior to all scheduled beach events, every beach event permit holder is required 2 to rope off (or otherwise identify with a physical barrier) an area with no less than 3 a 15 -foot radius out from each sea turtle nest that has been identified and 4 marked on a beach, unless a greater distance is required by an applicable state 5 permit. 6 7 4. Use of vehicles on the beach is prohibited, except as may be permitted under 8 Section 10.02.06 I. 9 10 5. Consistent with section 10.02.06, all materials placed on the beach for the 11 purpose of conducting permitted beach events: 1) must be removed from the 12 beach by no later than 9:30 p.m. of the date of the event; and 2) no structures 13 may be set, placed, or stored on, or within ten feet of any beach dune, except 14 that materials may remain in an identified staging area until 10:00 p.m. The 15 location and size of all staging areas will be as identified in the permit. 16 17 6. All lights that are visible from the beach and cast a shadow thereon shall be 18 turned off by no later than 9:00 p.m. of the date of the event. 19 20 7. Identification of sea turtle nests on the beach may cause the beach event to be 21 relocated from its planned location or to have additional reasonable limitations 22 placed on the event pursuant to the recommendation of Collier County staff in 23 order to protect the identified sea turtle nests in this permit; except that county 24 staff may relocate a staging area as provided for in section 5.04.06 5.04.07, as 25 part of its daily sea turtle monitoring. 26 27 8. Pole lighting, and any other object or structure designed to penetrate the beach 28 surface by more than three inches shall be subject to the approval of the FDEP 29 and Collier County. 30 31 9. A copy of all notices required by any permit or these regulations must also be 32 provided by the permit holder to the County Manager or designee. 33 Note: When a state permit is more restrictive than the Code requirements, the 34 State requirements shall supersede, and the county shall enforce these 35 requirements. 36 37 F. Penalties. Notwithstanding the penalties set forth elsewhere in this Code, the following 38 violations of this section are subject to the following penalties, except that the annual 39 beach events permit may not be suspended or revoked: 40 41 1. Violations which do not occur during sea turtle nesting season, i.e., occur outside 42 of sea turtle nesting season, are subject to up to a $500.00 fine per violation. 43 44 2. Violations which occur during sea turtle nesting season and are: 45 46 a. Any activity that may cause immediate harm to sea turtles or their nesting 47 activities; which include, but are not limited to the following: 1) setting up 48 a beach event prior to daily sea turtle monitoring; 2) failing to remove 49 beach event materials from the beach by 9:30 p.m.; 3) failing to have 50 lights, so required, turned out by 9:00 p.m.; or 4) not placing additional 51 barriers around nests as required by section 5.04.06; are subject to the 117 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc Text underlined is new text to be added Bold text indicates a defined term 1 following penalties: 2 3 First violation: $1,000.00 fine. 4 Second violation: $2,500.00 fine. 5 Third or more violation: $5,000.00 fine. 6 7 b. Any activity that would not cause immediate harm to sea turtles or their 8 nesting activities; which include, but are not limited to the following: 1) 9 failing to notify the county of a beach event; 2) failing to provide the 10 county with copies of Florida Department of Protection permits prior to 11 each beach event; or 3) having beach event materials or related 12 structures set, placed, stored on, or within ten feet of any beach dune; 13 are subject to up to a $500.00 fine. 14 (Ord. No. 05 -27, § 3.CC) 15 16 17 5.04.08 fReservedl 18 19 20 21 5.06.04 Development Standards for Signs in Nonresidential Districts. 22 23 24 [rhis subsection was struck, in its entirety, by Ord. 09 -43 (page 42 of 89), Elements 25 returned as new 5.05.06 B.6. by Ord. 09 -55 (page 7 of 12); now page 10 of this document] 26 27 G. 1.2. a °9 nom.; o;gr,°. PelitiGal signs shall be Permitted sabjeGt to the feliewiRg 28 Fequ ire ents- 29 30 I Prior to the e earn iRGtalliRg, nlaG'n r displaying of a Grt'Gal 31 GigR a bulk tempara:y permit shall he Ghta'ne.J The peFFnit 32 number shall appear p the of supporting the 33 sign. The fee for Anid bulk permit shall he as adopted by 34 35 Gandidate or the issue for wh'Gh the permit was erl Must he 36 ,• .d .a;thin 7 days after the plesi'o refereRduir, or o «her 37 ever t'"t'ihe sign ertalns to Caili .re M timely r each c Gh emove 38 SigR Will pGt't to rate vielati9R of this GGde Rd the 39 40 County Gode Enfompment and all ether penalties allowed by law. 41 42 ii p(At'nal osters Within a'aanf all„ ZOROd n 43 used n eFty shall nG1 a earl 4 s e feet's size, Rd shall net 44 ha to Gated Glaser than five feet to a prepeFty We. DelitiGal SigHs 45 r la rl er ;thin esidept'al 'st. Gts shah require written 46 fFem the pizepeFty GWRer. 47 48 DGI'«'Gal G esters will he n m'tte.J i.n. nll Other 49 zeRong districts within A MAXiMUM copy area of 32 square feet per 50 Sign, and shall he to Gated no Glaser than 10 feet to any art., 51 line. The n ether of such SIGIRS shall he limited to o signs for 118 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc Text underlined is new text to be added Bold text indicates a defined term 1 2 6sue. 3 4 W. All Guppel:ts .;hall be se _rely he'll R6tP6.de.l and o prtp.d t rJ nnnform i.qqth the ey n e ., .......nt. o (``; Of th._.1e 6 7 8 eXGept theca that Fn ay be a#'..ed to a wall shall be limited to R 9 feet. 10 11 r,. D I't al signs hall of be osted until the since date of the 13 t m n , he amended and Shall r .d e ,.;thiR 7 Aalea.dar 14 , 15 or elvnto to the offse or a4e n.. _._I _r rejec;tion of the issue 16 #as essafred_ 17 18 19 20 F. On- premise signs. On- premises pole signs, ground signs, projecting signs, wall 21 signs, and mansard signs shall be allowed in all nonresidential zoning districts subject 22 to the restrictions below: 23 29 25 [The following subsections were added by Ord. 09 -43, page 71 -74 of 89) and are 26 now being re- located to 5.04.06 (page 7 of this document)] 27 28 [See 5.04.06 A. (page 7 of this document)] 29 g. Temgerag, e n temporary use peFFn*t is required to a egt a temporary sign 30 as forth spntinn +n OP�� ain1 iov itr°= i o°�rvvid ea L crcm. 31 Applicants for fpm ngra ny gn hermits shall nay the fee established for 32 temporary sign permit. Temporary signs Shall be allowed ,hieot to the 33 restrictions imposed by this eot'a ;;nd other releyaRt ado of this Gesdg 34 Temporary use peFrnits far enema al a er.te signs a leoate.d On ogt'on 5.04.06. 35 36 a Temnaraay G;gRS. np nt of a parGel, Ir tepapt n el a mixed 37 6168 h 'Ird'p may displays d o site temporary o al sign r'7 s oh 38 signs fer propeFtie6 Gentaining More than 1. street frontage, not to 39 eeyd 32 square feet in h r R feet 'n height Sees sent'onf( nA nG 40 41 42 I C oh shall be Iodated a rRinimum of 10 feet from any 43 propepty Ir;r^e- 44 45 [the subsection appearing below was modified (time limits changed for 46 consistency and graphics references removed) and relocated to 5.04.06 B.5 47 (page 10 of this document)] 48 b. Temnoran 6igR GgVeFS Fnade of.dmd o y he author',aed for a 49 eXiGtiRg ground or pole sign, under the following Gend tions: 50 119 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Text underlined is new text to be added. Text st: kethFa gh is __ ....t tP)d to be deleted Bold text indicates a defined term F A hl L- sign GGVeF Fnade from all white material, shall be allowed for 90 days, afteir WhiGh t'm the -hall. he removed-, regaFdle66 f whether or sign h n not the n fare as bee nloned._. A. peFM*t 66 Rot reqUiFed. 9. 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 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. [Ord. 09 -55, page 10 of 12] 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. [Ord. 09 -55, page 10 of 12] 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. 120 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet\mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc Text underlined is new text to be added. Text str kethrn nM is n ment an N n An de etpd Bold text indicates a defined term 1 2 C. Wall, mansard canopy or awning signs within agricultural districts. 3 Wall, mansard, canopy or awning signs shall be permitted within 4 agriculturally zoned or used property, for agri- commercial uses defined 5 within the Collier County Land Development Code, and subject to the 6 following restrictions: 7 8 i. One wall or mansard, canopy or awning sign shall be permitted 9 for each principal use structure on the parcel. Corner parcels 10 or double- frontage parcels shall be allowed 1 sign per street 11 frontage, but such signs shall not be combined for the purpose 12 of placing the combined area on one wall. The maximum 13 allowable display area for any sign shall not be more than 20 14 percent of the total square footage of the wall to which it is affixed, 15 and shall not in any case exceed 250 square feet in area per sign. 16 17 11. Illuminated signs. All illuminated signs shall have electrical components, 18 connections, and installations that conform to the National Electrical Code, and 19 all other applicable federal, state, and local codes and regulations. Further, 20 lighted signs shall be shielded in such a manner as to produce no glare, hazard 21 or nuisance to motorists or occupants of adjacent properties; nor be reflective or 22 fluorescent; and shall have a steady non - fluctuating or non - undulating light 23 source. [Ord. 09 -55, page 10 of 12] 24 25 12. Mobile billboard. It shall be unlawful for any person to display any mobile 26 billboard. [Ord. 09 -55, page 10 of 12] 27 28 13. See section 5.05.05 of this Code for signage regulations for automobile service 29 stations. [Ord. 09 -55, page 10 of 12] 30 31 32 33 10.02.00 APPLICATION REQUIREMENTS 34 35 36 10.02.06 Submittal Requirements for Permits 37 38 39 G. Temporary Use Permit Requirements and Issuance. See section 5.04.050 of the 40 LDC: for temporary use permit classifications and restrictions. 41 42 i. PLIFIDOGR ARd '..foal Based upon the nature of sernp usps, their impaGt n 43 adjacent Uses, their patibirty with surrounding nr nertie and the length of 44 Vrne Wended to i ncf'o there is an identified need to a+lln. re.rtain 45 temperary men development ::thin a st n rte and to provide for other types of 46 temporary uses suGh as SJ98Gial events, sale_ and promotions If is the intent of 47 this ect'nn to classify tempernpy gat ton .: de for their permittiRg. 48 [Although struck by Ord. 09 -43 (Page 88 of 89) is being modified and 49 Relocated to 5.04.01 A., see page 2 of this document] 50 121 I:\09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc Tent underlined is new text to be added. TcN sti kethro rah IS G cant tR)d to bp. du v1vA Bold text indicates a defined term 3 Environmental Services Division. 5 2. Gpp rat The County Manager of his .de rnay ant a temporan, use gnee, 6 permit for n _ts that rl_rnen_tmte __ pl'an__ with the intent of this __nt.n.. 7 and Chaptep 5 of «he r_.«n ennrn., +IS far __Gh Fen ests shall be based 61POR, 8 bvt-net in , ted to, the nnli__nY_ desGriptieR _F the to per n ___ the intended 9 duFatiGR -v he use, hn of operation awl the ....«s eF the prGpesed 10 tempeeparr use on ajaGent ffeP84me6. All nnl'nn«'n s for a temnnrnn, use 11 eons or a permit shall ORGl .de a __.. ept al site plan _ site development plan (SDP) as 12 ppevided for within this st.9... The pp n ate n _d pla., and t_ peF p 13 Use permit prna« n shall bEh tte d n,d appFeved pizieF to or 14 simultaneously with the submiS6 on of a building permit appi GatiGR, if requiFed. 15 [Although struck by Ord. 09-43 (Page 88 of 89) is being modified and 16 Relocated to 5.04.01 B., see page 2 of this document] 17 18 2. Submittal Requirements. The temporary use permit application and aaarear+ate 19 required plan shall be submitted together with the applicable nonrefundable fee, 20 as indicated in the CDES fee schedule, and approved prior to or simultaneously 21 with the submission of a building permit application, if required. 22 23 3-.-10. [Relocated in entirety, see new 10 below.] 24 25 3. Each temporary use permit application shall be accompanied by authorization of 26 the property owner or leasing agent and a current valid Business Tax Receipt in 27 the case of temporary sale, when required. 28 29 4. A conceptual site plan (CSP) or a site development plan (SDPI is required for 30 special events and seasonal sales. For improved and unimproved properties the 31 site plan must demonstrate that provisions will be made to adequately address 32 each of the following: 33 [refer to struck portions of 5.04.05 A.7. & 6.2 (pages 4 & 6, respectively)] 34 35 a. Vehicular and pedestrian traffic safety measures. 36 37 b. Adequate on -site or additional off -site parking areas shall be provided as 38 follows. 39 40 i. A maximum of 10 percent of the parking required by section 41 4.05.04 of this Code may be occupied or otherwise rendered 42 unusable by the placement of temporary structures, equipment, 43 and merchandise. 44 45 ii. The minimum required number of handicapped parking spaces 46 pursuant to section 4.05.07 shall remain available for use. 47 48 C. Limited activity hours. 49 50 d. Watchmen. fencing and lightina. 51 122 1 : \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc Text underlined is new text to be added. Bold text indicates a defined tens e Fire protection and emergency access measures 3 f. Sanitary facilities. 4 5 g If required a faithful performance bond to guarantee compliance with the 6 conditions of the permit. 8 5. Review procedures- 9 10 a Based upon the information contained in the application, the County 11 Manager or designee may approve approve with conditions relative to 12 the health safety and welfare of the public or deny an application. and 13 may attach conditions to the permit. 14 15 b. In the event an application is denied by the County Manager of designee, 16 the reason(s) shall be noted on the application and returned promptly. 17 18 6. Indemnification. The applicant shall be required to indemnify and hold harmless 19 Collier County, its officers agents and employees from and against all claims, 20 suits actions damages liabilities expenditures or causes of action arising out of 21 or occurring during the activities of applicant under a permit issued hereupon in 22 the form and manner provided by the County Manager or designee. 23 24 T Cancellations and postponements. 25 26 a. If a permitted event is canceled or postponed, the applicant shall furnish 27 Collier County with written notification of such cancellation or 28 postponement and the reason(s) for same. It is understood that weather 29 conditions may cause last minute cancellations however, the applicant 30 shall make every effort to notify the county staff prior to the scheduled 31 commencement of said event. If the event is to be re- scheduled, notice 32 of the date and time of the rescheduled event shall be provided. 33 34 b If a permitted event is postponed the permit will be amended to reflect 35 the rescheduled event dates and a copy will be provided to the applicant 36 prior to the event. 37 38 C. If an event is cancelled and the County is notified prior to the initially 39 proposed commencement date the number of days used will not count 40 towards the maximum number of authorized days afforded for events by 41 the Code. 42 43 8 Suspension or revocation. Failure to comply with the terms and conditions of the 44 temporary use permit once issued, shall be grounds for immediate suspension 45 of the permitted activity until such time as the noncompliance is remedied. A 46 permit may be revoked without refund for established public safety and welfare 47 issues. The suspension or revocation shall be initially communicated verbally, 48 followed by a written suspension or revocation order. The continued failure to 49 comply with the terms and conditions of a previously suspended permit may 50 result in the revocation of said permit. 51 5"1 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Text underlined is new text to be added. T-eA str kethFo gh 'r Gin,ent te)d to be deleted Bold text indicates a defined term 9 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 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. 10. 3: 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. 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. 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. 124 1 : \09 Amend the LDC\2009 -Cycle 1 \LDC Packet\mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc 125 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt\CCPCmar24 PKT4 (031810).doc Text underlined is new text to be added. r ��e.n� to be deleted. eA stF ke thFo gh .°_ __.. _.._ to )4 Bold text indicates a defined term 1 b) Plans for construction or utilization of structures on subject 2 site(s). 3 4 C) Number, type and location of sanitation facilities to be 5 provided. Plans for disposal of refuse and debris, and 6 restoration of the site(s) to its original condition. 7 8 d) A description of any lighting facilities that would be 9 necessary and /or the need to disconnect any public 10 lighting. 11 12 e) A description of any use which may encroach into 13 environmentally sensitive areas. 14 15 f) Approximate number and type of vehicles and /or 16 equipment to be used and any special parking 17 requirements. The number of personnel to be on location 18 with the production. 19 20 g) Necessity for closures of public streets or sidewalks and 21 for what duration and location. 22 23 h) An indication of any utilization of aircraft/fixed -wing, 24 helicopter, or balloons at the subject site(s). 25 26 i) List of county personnel or equipment requested, and an 27 agreement to pay for extraordinary services provided by 28 Collier County. 29 30 j) Provisions for traffic control, fire safety and security 31 precautions. 32 33 k) If located on private property, not under the county's 34 ownership or control, a written notarized agreement from 35 the property owner to allow the filming to occur on his 36 property. 37 38 1) Additional information requested to assist Collier County in 39 obtaining future film production. 40 41 C. Insurance requirements. The applicant shall maintain in force at all times 42 during the permit period, a comprehensive general liability policy with 43 limits other than those described in sections 10.02.06 G.3.b.ii. and b.iii. 44 above of this Code as determined by the risk management director upon 45 a review of the particular circumstances involved. Said applicant shall 46 provide to the County Manager or his designee a certificate of insurance 47 as evidenced that said insurance is in existence and certifying that Collier 48 County is a named insured, and that Collier County be given 30 days' 49 notice prior to the expiration or cancellation of the policy. Any additional 50 insurance requirements for filming on private property will be at the 51 discretion of the affected property owner. 125 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt\CCPCmar24 PKT4 (031810).doc Text underlined is new text to be added. cant feN to Ian dpietpd Bold text indicates a defined term 1 2 d. Indemnification. The applicant shall be required to indemnify and hold 3 harmless Collier County, its officers, agents and employees from and 4 against all claims, suits, actions, damages, liabilities, expenditures or 5 causes of action arising out of or occurring during the activities of 6 applicant under a permit issued hereupon in the form and manner 7 provided by the County Manager or his designee. 8 9 e. Permit fee. No permit fee shall be required. Any additional license or user 10 fees which have been established for county -owned land or facilities shall 11 be in effect. 12 13 f. Issuance of permit. Upon presentation of the completed application, proof 14 of insurance, payment of permit fee, surety bond or cash payment in lieu 15 of the bond and review by the County Manager or his designee, the 16 permit may be issued. If the County Manager or his designee determines 17 that the use of public or private property could affect the public's use of 18 the property, or have potential adverse impacts on surrounding 19 properties, then he may require that the permit application be scheduled 20 for a public hearing before the Board of County Commissioners. The 21 special circumstances could include, but are not limited to, closure of a 22 public street or accessway, use of special effects, including incendiary or 23 explosive devices, a large production crew or crowd control; and 24 increased liability insurance required. The notice for the public hearing 25 shall be advertised in a newspaper of general circulation in the county at 26 least 1 time 15 days prior to the hearing. 27 28 g. Suspension of permit. Failure to comply with the terms and conditions of 29 the temporary use permit once issued shall be grounds for immediate 30 suspension of the permitted activity until such time as the noncompliance 31 is remedied. The suspension shall be initially communicated verbally, 32 followed by a written suspension order; and continued failure to comply 33 with the terms and conditions of the permit may result in revocation of the 34 permit. 35 36 h. Costs for extraordinary services. The county shall recover direct costs for 37 extraordinary services rendered in connection with a production. Such 38 costs shall include, but not limited to, charges for personnel and /or 39 equipment committed in support of the production which are outside the 40 normal scope of government services. Based on the information 41 contained in the permit application, an estimate of these costs will be 42 provided to the applicant prior to issuance of this permit. The county may 43 require prepayment of all or a portion of these estimated costs prior to 44 issuance of the permit. At the conclusion of the production, actual costs 45 below or in excess of the estimates will be refunded by the county or paid 46 by the applicant, respectively. 47 48 i. Surety bond. A surety bond in an amount to be determined by Collier 49 County and issued by a company authorized to issue bonds in Florida or 50 cash payment in lieu of the bond may be required by the County Manager 51 or his designee to provide for cleanup and /or restoration of the subject iI I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc Text underlined is new text to be added. Bold text indicates a defined term 1 site(s). 2 3 4 4 [Subsection relocated to page 5 of this document, new 5.04.05 A.2.] 11 not eXGeed 28 days. Temporary permits may be alle fQ-.F ;—;n Such SpeGial appFeval shall be subject to StipUlatiGR6 • GGURty GOmmissiene-rs - 1 b. TempeFary permits may, in support of the use being permitted, - 1 32 d. The County ManageF 9F his designee shall aGGept without fee, tempaFa 34 8VeRtS, or other similar events, upoR pFesentation of denurnpinitation that 36 event is ntpndpd to benefit the nemmun4y at laFge a Spe(34iG group of 3B Galeridar yeaF peF GpgaRization are eligible for this exemption. •1 APPENDIX 1 • ' 1 PERMIT CONDITIONS 4 46 10. Annual beach events occur during Sea Turtle Nesting Season 47 October 31 st of each year) are also subject to the following regulations: 49 A. All required Florida Department of Environmental Protection (FDEP) Field 1 Permits, shall be obtained and a copy • to Collier • - scheduled event as set forth • •. •_ 5.04.07 127 IA09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc - - / . 11 not eXGeed 28 days. Temporary permits may be alle fQ-.F ;—;n Such SpeGial appFeval shall be subject to StipUlatiGR6 • GGURty GOmmissiene-rs - 1 b. TempeFary permits may, in support of the use being permitted, - 1 32 d. The County ManageF 9F his designee shall aGGept without fee, tempaFa 34 8VeRtS, or other similar events, upoR pFesentation of denurnpinitation that 36 event is ntpndpd to benefit the nemmun4y at laFge a Spe(34iG group of 3B Galeridar yeaF peF GpgaRization are eligible for this exemption. •1 APPENDIX 1 • ' 1 PERMIT CONDITIONS 4 46 10. Annual beach events occur during Sea Turtle Nesting Season 47 October 31 st of each year) are also subject to the following regulations: 49 A. All required Florida Department of Environmental Protection (FDEP) Field 1 Permits, shall be obtained and a copy • to Collier • - scheduled event as set forth • •. •_ 5.04.07 127 IA09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc Text underlined is new text to be added. lhFG 9h 'n G IFFRRt InN tm he ap eted Bold text indicates a defined term 2 B. Consistent with section 5. 04.86. 5.04.07. no structure set up, or beach raking, or 3 mechanical cleaning activity for any particular Beach Event shall not commence 4 until after monitoring conducted by personnel with prior experience and training 5 in nest surveys procedures and possessing a valid Fish and Wildlife 6 Conservation Commission Marine Turtle Permit has been completed. 7 8 C. Prior to all scheduled beach events, every beach event permit holder is required 9 to rope off (or otherwise identify with a physical barrier) an area with no less than 10 a 15 -foot radius around each sea turtle nest that has been identified and marked 11 on a beach, unless a greater distance is required by an applicable State permit. 12 13, D. Use of vehicles on the beach is prohibited, except as may be permitted under 14 section 584.06- 5.04.07. 15 16 E. Consistent with section 5.04.06 5.04.07 all materials placed on the beach for the 17 purpose of conducting permitted Beach Events must be: 1) removed from the 18 beach by no later than 9:30 p.m. the date of the event; and 2) no structures may 19 be set, placed, or stored on, or within ten feet of any beach dune, except that 20 materials may remain in an identified staging area until 10:00 p.m. The location 21 and size of all staging areas will be as identified in the annual beach events 22 permit. 23 24 25 26 128 1 : \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt\CCPCmar24 PKT4 (031810).doc