Agenda 12/15/1999 S COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
Wednesday, December 15, 1999
5:05 p.m.
NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER
PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY ADMINISTRATOR
PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED.
COLLIER COUNTY ORDINANCE NO. 99-22 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.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA
MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY
ADMINISTRATOR AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE
HEARD UNDER "PUBLIC PETITIONS".
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD 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.
ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS
PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRWOMAN.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN
ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU,
TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY
FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,
NAPLES, FLORIDA, 34112, (941) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING
IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE.
PLEDGE OF ALLEGIANCE
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS AMENDED,
THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES
THE COMPREHENSIVE ZONING REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY
PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS
OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND
DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE
FOLLOWING: ARTICLE 2, ZONING, DIVISION 2.1. GENERAL; DIVISION
2.2. ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES,
DIMENSIONAL STANDARDS, DIVISION 2.3. OFF-STREET PARKING AND
1
December 15, 1999
LOADING; DIVISION 2.4. LANDSCAPING AND BUFFERING; DIVISION 2.5.
SIGNS; DIVISION 2.6. SUPPLEMENTAL DISTRICT REGULATIONS;
ARTICLE 3, DIVISION 3.2. SUBDIVISION; DIVISION 3.4. EXPLOSIVES;
DIVISION 3.9. VEGETATION REMOVAL PROTECTION AND
PRESERVATION; ARTICLE 6, DIVISION 6,3. DEFINITIONS, INCLUDING,
BUT NOT LIMITED TO THE DEFINITIONS OF SIGN MONUMENT, BEACON
LIGHT, ROADSIDE SALES AND RIPARIAN LINE; APPENDIX B, TYPICAL
ROAD CROSS-SECTIONS; SECTION FOUR, CONFLICT AND
SEVERABILITY; SECTION FIVE, INCLUSIVE IN THE LAND
DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE.
3. ADJOURN
2
December 15, 1999
EXECUTIVE SUMMARY
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS AMENDED, THE
COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE
COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA BY PROVIDING FOR: SECTION ONE, RECITALS;
SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS
TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE
FOLLOWING: ARTICLE 2, ZONING, DIVISION 2.1. GENERAL; DIVISION 2.2. ZONING
DISTRICTS, PERMITTED USES, CONDITIONAL USES, DIMENSIONAL STANDARDS,
DIVISION 2.3. OFF-STREET PARKING AND LOADING; DIVISION 2.4. LANDSCAPING
AND BUFFERING; DIVISION 2.5. SIGNS; DIVISION 2.6. SUPPLEMENTAL DISTRICT
REGULATIONS; ARTICLE 3, DIVISION 3.2. SUBDIVISION; DIVISION 3.4. EXPLOSIVES;
DIVISION 3.9. VEGETATION REMOVAL PROTECTION AND PRESERVATION;
ARTICLE 6, DIVISION 6.3. DEFINITIONS, INCLUDING, BUT NOT LIMITED TO THE
DEFINITIONS OF SIGN MONUMENT, BEACON LIGHT, ROADSIDE SALES AND
RIPARIAN LINE; APPENDIX B, TYPICAL ROAD CROSS-SECTIONS; SECTION FOUR,
CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSIVE IN THE LAND
DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE.
OBJECTIVE:
To amend provisions of the Collier County Land Development Code.
CONSIDERATIONS:
This is the first of two public hearings required by Statute for amending the Collier County Land
Development Code. Each of the amendments was presented to, and reviewed by, the Department
Services Advisory Committee, Collier County Planning Commission, the Environmental Policy and
Technical Advisory Board and the Environmental Advisory Council where applicable. Where an
advisory body recommended revisions to the staff recommended LDC change, these recommendations
are included in the summary description of the LDC amendment. The Planning Commission held
public hearings on November 17, 1999 and December 1, 1999.
A summary of the review of these amendments by the Development Services Advisory Committee,
Environmental Advisory Council and the Collier County Planning Commission is provided with this
Executive Summary.
FISCAL IMPACT:
None.
DEC 1 5 1999
GROWTH MANAGEMENT IMPACT:
All proposed amendments to the Land Development Code are consistent with Policies, Objectives and
Elements of the GMP.
STAFF RECOMMENDATION:
This is the first of two Public Hearings. Staff recommends that the Board review this proposal and
direct Changes as may be appropriate. No recommendation is required inasmuch as the subject matters
will again be formally considered at the January 5, 2000.
CURRENT PLANNING MANAGER
REVIEWED BY:
ROBERT J. MULHERE, AICP
VINCENT A. CAUTERO, AICP, ADMINISTRATOR
COMMUNITY DEV. AND ENVIRONMENTAL SVCS.
DATE
DATE
DATE
f/EX SUMMARY/LDC/RN/im
iTEM
D£C 1 5 999
Land Development Code Amendments
LDC DSAC EAC CCPC
SECTION PROPOSED AMENDMENT RECOMMENDATION RECOMMENDATION RECOMMENDA,,oN
Sec. 2.1.15 Roadside Sales prohibited and Provision Approved per staff Approved per staff
for Shopping Carts
Sec. 2.2.12.4.3, To amend setback provisions for all Approved per staff Approved per staff
2.2.13.4.3, commercial zoning districts for the /
2.2.14.4.3, purpose of establishing a relationship ofV --
2.2.15.4.3, setback to the height of the building,
2.2.151A.4.3 specifically as follows:
Front Yard: 25 feet or one-half of the
building height as measured from each
exterior or wall, whichever is greater.
Rear Yard: 15 feet or one-half of the
building height as measured from each
exterior wall, whichever is greater.
Sec. 2.2.14.1 Delete SIC 5999 Auction rooms Approved per staff Approved per staff
("C-3 District)
Sec. 2.2.16 To reinforce the prohibition of automobile Approved per staff Approved per staff
(I - Industrial sales lots by emphasizing auto repairs in
District) the Industrial District
Sec. 2.2.16.2.1 To acknowledge Outdoor Storage Yards Approved per staff Approved per staff
(Industrial and Real Estate Brokers and Travel
District) Agencies as permitted use
Sec. 2.2.28 Amend the Immokalee Overlay District to Approved per staff Approved per staff
(Immokalee include a newly created subdistrict to be
Overlay known as the Main Street Overlay
District) subdistrict.
Sec. 2.3.4, To aggregate Off-Site Parking, Shared Approved with Approved per staff
2.3.5, 2.3.14 Parking, and Parking Reservations Into a modification made
(Parking . Parking Exemption Petition therefore
Section) eliminating the difficulties inherent in
dealing with them as individual types of
exemptions
Sec. 2.3.16 Revise stacking (queuying) requirements Approved per staff Approved per staff
for banks and financial institutions
Sec. 2.3.16.1 To eliminate provisions for bicycle spaces Approved per staff Approved per staff
in Industrial zoning districts
Sec. 2.4.4.1 ! & Revisions to list of prohibited species Approved per staff Approved per staff
Sec. 2.4.4.12
Sec. 2.4.7.4 Eliminate requirement for internal lot line Approved per staff Approved per staff Approved per staff
landscape buffer in unified plan of
development with cross access agreements
and shared parking
AGENDA
DEC I 5 1999
Sec. 2.5 Revising Sign Regulations principally Approved with By a 4 to 3 vote the CCP~
affecting ground pole signs and providing modifications made recommended that these
for amortising those ground pole signs that Approved items are as amendments not be
will be made non-conforming as a result follows: All forwarded.
of the adoption of these provisions housekeeping type
amendments,
Amortization plan for
non-conforming signs,
Prohibition of exposed
neon. The following
items were not approved:
Reducing the size of wall
signs and replacement of _
pole signs with smaller
and more architecturally
finished monument signs.
Sec. 2.6.2.4 Allowance for tent canopies in residential Approved per staff Approved per staff
districts in side and rear yard
Sec. 2.6.4.1.10 Amend exception to required yards to Approved per staff Approved per staff
(Supplemental allow carports to encroach into required
Reg.) yards in Commercial, Industrial and Multi-
family districts.
Sec. 2.6.4.3 To allow administrative variance for minor Approved per staff Approved per staff
(Supplemental improvements to legal non-conforming
Regs) structures due to code changes to front
yards. (Note) Now applies to side and
rear)
Sec. 2.6.21
(Dock To standardize terminology relating to Approved per staff Approved per staff
Facilities) waterways and clarify waterway width and
reduce appeal period from 30 to 14 days
and address riparian lines
Sec. 2.6.33 Revisions to model homes/model sales Approved per staff Approved per staff
(Temporary center to prohibit the issuance of permits
Uses) for dwelling units in multi-family
structures prior to SDP approval and plat
recordation.
AGENDA ITEM
DEC 15 I )99
Sec. 2.6.35 Amend Section 2.6.35 of the LDC to: Approved per staff Approved per staff
(Towers) provide on time height bonus to allow an
extension of tower's height to provide
additional sharing (collocation space) on
existing and non-conforming towers; to
make allowances for easier acquisition and
use of agricultural sites within the urban
designated area; to decrease the allowable
maximum height of towers in agricultural
areas by decreasing the maximum height
of towers permitted in agricultural areas
from 280 feet to 250 feet in height and
reducing the required acreage from 20 -
acres to 10 acres; to required lighting of
towers greater than 150 feet for the safety
of the Collier Mosquito Control District's
spraying operations; to provide additional
requirements for the submission of tower
site plans; to provide additional findings
for variance and conditional use
application findings of fact, and; to make
minor corrections to help update and
clarify text.
Sec. 3.2.4.11.5 To allow division of 5 acres G.G.E. Lots Approved per staff Approved per staff
(Subdivision into two and provide 20 foot easement to
Regulations) one.
Sec. To require professional engineer to supply Approved per staff Approved per staff
3.2.6.5.3(3) subdivision improvement s plans on
(Subdivision computer disk in auto CAD Software
Regulations) format.
Sec. 3.2.8.3.6 Amend regulations relative to clearing Approved per staff Approved per staff Approved per staff
Subdivision land for proposed and approved
regulations construction. Basically these amendments
will facilitate early clearing and filling
activities.
Sec. 3.4.7.1.4 Amendment to provide procedures and Approved per staff Approved per staff
(Explosives) method for notifying property owners
Sec. 3.4.7.4.3 Amendment to require blasting analysis by Approved per staff Approved per staff
and 3.4.7.4.4. seismologist within 7 working days
(Explosives)
Sec. 3.9.3 Effect of placing fill on improved property Approved per staff Approved per staff Approved per staff
Sec. 3.9.6.4 Vegetation Removal list and Prohibited Approved per staff Approved per staff Approved per staff
Vegetation
Sec. 3.9.6.8 Penalty for unauthorized removal of Approved per staff Approved per staff Approved per staff
vegetation
Division 6.3 Provide definition for Sign Monument Approved per staff Approved per staff
(Definitions) Beacon Light, Roadside Sales Prohibited
exotic vegetation, and Riparian lines
Appendix To readopt typical roadway sections Approved per staff Approved per ste
Typical resulting from amendments to Sec. 3.2. '"
Roadway AC, EJ~, ~l
Section I~ ~
LDC AMENDMENT SUMMARY CYCLE 2-1999/md/UPDATED 12/2/99
3 DEC 15 1999
ORIGIN: Community Development and Environmental Services Division
AUTHOR: Michelle Edwards Arnold. Code Enforcement Director
DEPARTMENT: Code Enforcement
LDC PAGE: LDC2:9
LDC SECTION: 2.1.15
CHANGE: Modify. section pertaining to roadside sales and add a paragraph on shopping carts
collection and on-site storage.
REASON: Roadside Sales - The matter of roadside sales should be addressed in its own
paragraph. The way this section is currently written, it gives the impression that there is a
provision for roadside sales in the County. The temporary, use provision was intended tbr
outside displays in conjunction with special events, not roadside sales.
Shopping Cart Regulations - The storage of shopping cans are a repeated problem in certain
areas of the County. They are being removed from the center's property and placed on
unimproved property or within the rights-of-way after use. Besides being an eyesore to the
community, they pose a potential hazard to personal property in the event of severe weather.
The owners of the carts do little to retrieve them when removed and do less to prevent them from
being removed from the site. With the proposed regulations, the shopping cart owner will be
made responsible for the collection and storage of the carts. Intern perhaps more effort will be
made. on the part of the cart owners, to keep the carts on site and prevent them from being
removed. ,
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
Sec. 2.1.15. Prohibited uses and structures
Any use or structure not specifically permitted in a zoning district as a permitted use.
conditional use or use allowed by reasonable implication shall be prohibited in such
zoning district
..... w,~:-~r .......... a rc flare
Roadside sales shall be prohibited in all zoning; districts. No temporary use permit or
license can be obtained for any type of roadside sale.
Subject to exceptions in Ordinance No. 76-11. as amended, the storage, display, or sale of
any items, services, materials, or products, whether finished or unfinished.
DEC 1 5 1999
natural, within public rights-of-w'ay shall be ?ronibited. Notwithstanding anything in
Ordinance No. 76-11. as amended, or any otb. er pan of the Collier County Code. i
unincorporated Collier County no person shall be upon or go upon any public road. when
the road is open to vehicular traffic, for the pur?ose of displaying any advertising to. or
distributing an,,' tangible thing or soliciting any business, contribution or any other
tangible thing from any occupant of any motorized vehicle that is being operated on the
public road. No person shall be within tour feet of an.',' edge or such road for the purpose
of distributing any tangible thing or soliciting any business, contribution or any tangible
thing from any occupant of any motorized vehicle being operated on the public road. As
used in this unpaved surfaces that are available and used for either travel of. or in the road
parking or: motorized vehicle. "Road" includes ail medians in all such interior areas, and
includes shoulders. All road. including road that are separated by one or more medians.
have only two exterior edges. "Road" includes streets, highways and other words that
describe such facilities and no differentiations are intended.
The storage, display, or sale of any items, ser~'ices, materials, or products whether
finished or unfinished, processed or natural, other than form within, or as part of the
normal operation of a permanent structure authorized bv the Collier County Land
Development Code shall only be allowed in accordance with Section 2.6.33.
When the operating characteristics of a duty authorized business requires the utilization
of shopping cans by customers provision shall be made for outside storage within corals
as iljustrated on a Site Development Plan, and said shopping cans shall be collected at the
close of business each day and stored at the t¥ont of said establishment. It shall be th,.
responsibility of the merchant to collect any and all shopping carts that stray from the
premises upon ~vhich they are intended to be utilized, and a name-plate on a shopping cart
shall be vrima-facia evidence of ownership.
2 I 15 LDC AMENDMENT/ME,~md
AGEND
DEC 1 5 1999
ORIGIN: Community Development 8: Environmental Sen'ices
AUTHOR: Ronald F. Nino. AICP. Planning Manager
DEPARTMENT: Planning Sen'ices
LDC PAGE: LCD 2.45.2.48.1.2.52.2.56.2.59
'~ .... 2.2.1 ""'~ - '~ ~-
LDC SECTION: 2.2.1,.4..~. 2.2.1:.4..~. 4.4..~ ..... 15.4.3.2.2.1>-1/_.4..~
CHANGE: To amend setback provisions for all commercial zoning districts tbr the purpose of
establishing a relationship of setback to the height of the building, specifically as follows:
Front Yard: 25 feet or one-half of the buildine heieht as measured from each
exterior or wall. whichever is greater.
Rear Yard: 15 feet or one-half of the buildiw, heio_ht as measured from each
Exterior wall. whichever is _oreater.
REASON: Particularly with respect to the C-4 district which allows a building height of 100
feet. this amendment will have minimal impact on the C-I. C-2. C-3 and C-5 zoning districts
inasmuch as the current setback for the most part (i.e. front) will always apply. This amendment
is generated to require a greater setback to reduce the potential intensity of use for commercial
areas. This amendment increases the rear yard requirement particularly in the C-3 and C-4
zoning districts, otherwise the amendment will have minimal impact on the rear yard for C-1. C-
2 and C-5 zoning districts. This amendment will decrease the setback in the C-4 district for a
building 50 feet or higher, however, this is more than made up in the resulting rear yard
requirement.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
Amendment
(C-l) Sections 2.2.12.4.3 Minimum yard requirements.
I. Front Yard - 25 feet or one-half of the building height as measured
from each exterior wall whichever is greater
3. Rear Yard - 15 feet or one-half of the building height as measured
l¥om each exterior wall. which ever is greater
AG~A ITEl
DEC 1 5 199
(C-2)
(c-3)
(C-4)
(C-5)
Section 2.2.13.4.3 Minimum vard requirement.
1. Front Yard - 25 feet or one-half of the building height as measured
from each exterior wall, whichever is greater
3. Rear Yard - 15 feet or one-half of the building height as measured-
from each exterior wall. whichever is greater
Section 2.2.14.4.3 Minimum yard requirement.
1. Front Yard - 25 feet or oneohalf of the building height as measured
from each exterior wall, whichever is greater
3. Rear Yard - 15 feet or one-half of the building height as measured
from each exterior wall. whichever is greater
Section 2.2.15.4.3 Minimum yard requirement.
1 Front Yard - 25 feet -' ...... r^^. r .....~. ~.~ r .... r~.,.,.,.~
.... ~.. over .. f~:t or one-half of the building height as me~ured
from each exterior wall, whichever is greater
2. Rear Yard - 15 feet or one-half of the building height as measured
from each exterior wall, whichever is greater
Section 2.2.15-1/2.4.3 Minimum yard requirements.
1. Front Yard - 25 feet or one-half of the building heieht as measured
from each exterior wall. whichever is greater
3. Rear Yard - 15 feet or one-half of the building height as measured
from each exterior wall, whichever is greater
2.2.12.4.3.2.2.13.4-etc LDC AMENDMENT/RFN/mk
2
_
DEC 1 5 199
ORIGIN: Community Development & Environmental Services
AUTHOR: Ross Gochenaur, Planner II
DEPARTMENT: Planning Services
LDC PAGE: 2:49
LDC SECTION: 2.2.14 Commercial intermediate district (C-3)
CHANGE: Delete auction rooms (SIC 5999, auction rooms only) as a permitted use
REASON: Scrivener's error
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
Sec. 2.2.14.
2.2.14.2.1.
Commercial intermediate district (C-3).
Permitted uses.
1. Unless otherwise provided for in this section, all permitted uses of the C-2
commercial convenience district.
2. Apparel and accessory stores (groups 561 I--5699).
3. Auto and home supply stores (5531 ).
4. Business services (groups 7311, 7313, 7322--7338, 7361--7379, 7384,
7389 except auctioneering service, field warehousing, bottle labeling,
packaging and labeling, salvaging of damaged merchandise, scrap steel
cutting and slitting).
5. Eating places (5812 only). All establishments engaged in the retail sale of
alcoholic beverages for on-premise consumption are subject to locational
o
requirements of section 2.6.10.
Food stores (groups 5411--5499).
General merchandise stores (groups 5311--5399).
AGFJ~A ~.~
DEC 1 5 199
o
o
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
Group care facilities (category I and II, except for homeless shelters); care
units, except for homeless shelters: nursing homes; assisted living
facilities pursuant to § 400.402 F.S. and ch. 58A-5 F.A.C.; and continuing
care retirement communities pursuant to § 651 F.S. and ch. 4-193 F.A.C.;
all subject to section 2.6.26.
[Reserved.]
Home furniture, furnishing, and equipment stores (groups 5712--5736).
Libraries (8231).
Marinas (4493), subject to section 2.6.22.
Membership orgamzations (8611--8699).
Miscellaneous repair services (groups 7629--7631).
Miscellaneous retail (groups 5912--5963 except pawnshops and building
materials, 5992--5999 except auction rooms).
Museums and art galleries (8412).
Nondepo sitory credit institutions (groups 6111 --6163).
Paint, glass and wallpaper stores (5231).
Personal services (groups 7211, 7212, 7215, 7216 nonindustrial dry
cleamng only, 7221--7251, 7291).
Public administration (groups 9111--9199, 9229, 9311,9411--9451,
9511--9532, 9611--9661).
Retail nurseries, lawn and garden supply stores (5261).
Veterinary services (groups 0742, 0752 excluding outside kenneling).
Videotape rental (7841).
United States Postal Service (4311 except major distribution centers).
2
DEC 1 § 199
25.
26.
)my use which was permissible under the prior GRC zoning district and
which was lawfully existing prior to the adoption of this code.
Any other general commercial use which is comparable in nature with the
foregoing uses including buildings for retail, service and office purposes
consistent with the permitted uses and purpose and intent statement of the
district.
2.2.14 LDC AMENDMENTtRG/
DEC 1 5 196g
ORIGIN: Community Development & Environmental Ser~'ices
AUTHOR: Ross Gochenaur. Planner II
DEPARTMENT: Planning Services
LDC PAGE: 2:60
LDC SECTION: 2.2.16.
CHANGE: Revise language of Section 2.2.16.1. Purpose and intent to clarify, that retail
automobile sales is not a permitted use within the Industrial zoning district
REASON: Current language suggests that retail automobile sales is a permitted use within the
Industrial district when. in fact. the language in question was intended to indicate only
automotive repair as a permitted use
FISCAL & OPERAIIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None.
Sec. 2.2.16. Industrial district (I).
2.2.16.1. Purpose and intent. The purpose and intent of the industrial district (I) is to provide
lands for manufacturing, processing, storage and warehousing, wholesaling, and distribution.
Service and commercial activities that are related to support manufacturing, processing, storage
and warehousing, wholesaling, and distribution activities, as well as commercial uses relating to
automotive repair and heavy equipment sales and repair are also permissible in the I district. Ihe
I district corresponds to and implements the industrial land use designation on the future land use
map of the Collier County growth management plan.
DEC 1 § 199[
ORIGIN: Community Development 8,: Environmental Sen'ices
AUTHOR: Ross Gochenaur
DEPARTMENT: Planning Services
LDC PAGE: 2:59
LDC SECTION: 2.2.16.2. I Industrial district (I)
CHANGE: Addition of permitted uses: outdoor storage yards, real estate brokers & appraisers.
and transportation services (travel agencies & bureaus t
REASON: An outdoor storage yard as a permitted use is implied by the language of section
2.2.16.5 Fence requirements, but not specifically stated. This amendment corrects that oversight.
Real estate brokers & appraisers, and transportation sen'ices {travel agencies & bureaus) have
been added as appropriate support services.
FISCAL 8: OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
2.2.16.2.1.
Permitted uses
Agricultural services (groups 0711. except that chemical treatment of soil
for crops, fertilizer application lbr crops and lime spreading for crops shall
be a minimum of 500 feet from a residential zoning district. 0721. except
that aerial dusting and spraying, disease control for crops, spraying crops.
dusting crops, and insect control for crops (with or without fertilizing)
shall be a minimum of 500 feet from a residential zoning district. 0722-
0724. 0761. 0782. 0783).
2. Apparel and other finished products (groups 2311-2399).
3. Automotive repair, service, and parking (groups 7513-7549).
4. Building construction (groups 1521-1542).
Business services (groups 7312. 7313. 7319. 7334-7336. 7342-7389.
including auction rooms (5999). subject to parking and landscaping for
retail use).
Communications (groups 4812-4899 including communications towers up
to specified heights, subject to section 2.6.35). ,
Construction--special trade contractors (groups 1711-1799).
DEC 1 5
DEC 15 1999
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
23.
24.
25.
26.
27.
Depositor2,,, and nondepositor3' institutions ( groups 6011-6163 ).
Eating places (5812).
Educational services ( 8243--8249 ).
Electronic and other electrical equipment (groups 3612--3699).
Engineering, accounting, research, management and related services
(groups 8711--8748).
Fabricated metal products (groups 3411 --3479, 3491 --3499).
Food and kindred products (groups 201t--2099 except slaughtering
plants).
Furniture and fixtures (groups 2511--2599).
Heavy construction (groups 1611 -- 1629).
Health services (8011 accessory, to industrial activities conducted on-site
only).
Industrial and commercial machinery and computer equipment
(3511--3599).
Leather and leather products ( groups 3131--3199).
Local and suburban transit (groups 4111--4173).
Lumber and wood products (groups 2426. 2431--2499).
Measuring, analyzing, and controlling instruments: photographic, medical
and optical goods; watches and clocks (groups 3812--3873).
Membership organizations (groups 8611,8631).
Miscellaneous manufacturing industries (groups 3911--3999).
Miscellaneous repair services (groups 7622-7699) with no associated retail
sales.
Motor freight transportation and warehousing (groups 4212, 4213--4225.
4226 except oil and gas storage, and petroleum and chemical bulk
stations).
Outdoor storage yards pursuant to the requirements of Section 2.2.15V2.6.
2
~8
29.28.
32.31~
33~.
34.33,
35
36.35.
37.36.
38.37,
39_.~.38,
40.30-:.
4
42.dl.
43 43
44.a. 3.
Paper and allied products (2621--267%.
__ _ Personal services (groups 7211--7251. 7291).
Physical fitness facilities (7991 ).
__ _ Printing, publishing and allied industries (groups 271 I--2796).
w _ Railroad transportation (4011. 4013). - -
Real estate brokers and appraisers {6531 ).
Rubber and miscellaneous plastics products (groups 3021. 3052. 3053).
Stone. clay. glass, and concrete products (groups 3221. 3251. 3253,
3255--3273. 3275.3281).
Textile mill products (groups 2211--2221, 2241--2259. 2273-2289. 2297.
2298).
Transportation equipment (groups 3714, 3716, 3731, 3732. 3751, 3761.
3764. 3769. 3792. 3799).
Transportation bv air (groups 4512--4581 except airports and flying
fields).
Transportation services (groups 4731 4724-4783. 4789 except stockyards).
United States Postal Service (4311 ).
Welding repair { 7692).
Wholesale trade--durable goods (groups 5012--5014. 5021--5049,
5063--5092, 5094--5099).
Wholesale trade--nondurable goods (groups 5111--5159.5181, 5182, 5191
except that wholesale distribution of chemicals, fertilizers, insecticides,
and pesticides shall be a minimum of 500 feet from a residential zoning
district (5192--5199).
Any other use which is comparable in nature with the foregoing uses and
is otherwise clearly consistent with the intent and purpose statement of the
district.
2.2.16.2,1. LDC AMENDMENT/RG/md
DEC 1 5 1999
ORIGIN: Comprehensive Planning Section
AUTHOR: Michele R. Mosca. Planner II
DEPARTMENT: Planning Services
LDC PAGE: 2:114.42 (Map only), 2:114.43 (Map only), 2:114.52 (boundaries of
district shall be replaced with map)
LDC SECTION: 2.2.28.
CHANGE: )d'nend the Immokalee Overlay District. to include a new subdistrict to be
known as the Main Street Overlay Subdistrict; by providing flexible design and
development standards; by expanding the Central Business Overlay Subdistrict. by
applying regulation to all areas of the Main Street Overlay Subdistrict; and by amending
the S.R. 29 Overlav Subdistrict to exclude certain properties and place those same
properties within the Main Street Overlay Subdistrict.
REASON: To encourage development
Immokalee Main Street Area. through the
standards.
and redevelopment in the downtown
use of flexible design and development
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
2.2.28.8
Main Street Overlay Subdistrict:
Main Street Overlay Subdistrict; special conditions for the properties
identified in the Immokalee Area Master Plan; referenced on Map 6; and
further identified by the designation "MSOSD" on the applicable official
Collier County Zoning Atlas Maps.
DEC 15 19!
MAIN STREET OVERLAY SUBDISTRICT
,_ : _. I ~ _ ~ ~,~ c.~
,_ . ,' __
!'~ i -~~:i~--~ ,-- '
2.2.28.8.1
2.2.28.8.2
~9~883
Map 6
Purpose and intent: The purpose of this designation is to encourage
development and redevelopment bv enhancing and beautifying the
downtown Main Street area throueh flexible design and development
standards.
Applicability: Regulations apply to the Main Street Overlay Subdistrict as
identified on Map 6 and further identified by the designation "MSOSD"
on the applicable official Collier County Zoning Atlas Maps.
Permitted Uses: Except for hatched properties as shown on Map 6, uses
permitted within the underlying zoning districts and the following use may
be permitted on properties located within the Main Street Overlay
Subdistrict:
1_. Hotel and Motels (group 7011).
2.2.28.8.4
2.2.28.8.5
Permitted uses: For hatched properties within the Main Street Overlay
Subdistrict, all permitted uses within the underlying zoning districts, and
the following uses are permitted as a ri~,ht in this subdistrict:
1_:_. All uses allowed in the Commercial Professional District
(C-l), of this code. except for group (7521).
Prohibited Uses: All uses prohibited within the underlying residential and
commercial zoning districts, and the tbllowing uses, shall be prohibited in
the Main Street Overlay Subdistrict:
Automobile Parking (group 7521) on all properties having frontage
on Main Street. North First Street, South First Street and North 9'h
Street within the Main Street Overlay Subdistrict.
Automotive dealers (groups 5511, 5521. 5531 installation,
5551.5561.5571.5571.5599) on all properties having frontage on
Main Street. North First Street and South First Street within the
Main Street Overlay Subdistrict.
Gasoline Service Stations tgroup 5541) on all properties having
frontage on Main Street and gasoline service stations (group 5541
with services and repairs as described in section 2.6.28) is
prohibited on all properties having frontage on North First Street
and South First Street within the Main Street Overlay Subdistrict.
Primary_ uses such as convenience stores and grocery stores are
prohibited from servicing and repairing vehicles in conjunction
with the sale of gasoline, on all properties havine frontage on
Main Street, North First Street and South First Street within the
Main Street Overlay Subdistrict.
Automotive repair, services, parking (groups 7514. 7515, 7521)
and carwashes (group 7542) on all properties having frontage on
Main Street, North First Street and South First Street within the
Main Street Overlay Subdistrict.
Radio and Television Repair Shops (group 7622 automotive) is
prohibited on all properties having frontage on Main Street,, North
First Street and South First Street within the Main Street Overlay
Subdistrict.
Outdoor Storage yards and outdoor storage prohibited within any
front, side or rear yard on all properties within the Main Street
Overlay Subdistrict.
Drive-thrus shall be prohibited on all properties having frontage
on Main Street, North First Street and South First Street within the
Main Street Overlay Subdistrict.
Warehousing (group 4225)
&GF~,~ ITFJ
DEC 1 5 19!
10.
Any other heaw,' commercia~ use which is comparable in nature
with the forgoin~ uses and is deemed inconsistent with the intent
of this subdistrict shall be prohibited.
2.2.28.8.6 Accessory uses:
Uses and structures that are accessory and incidental to the
permitted uses as a right in the underlying zoning districts and are
not otherwise prohibited bv this subdistrict.
2.2.28.8.7 Conditional uses:
Uses permitted in the underlying zoning districts, and the
tbllowing uses, shall be permitted subiect to the standards and
procedures established in division 2.7.4:
A. Local and Suburban passenger transportation (groups 4131
4173) may be permitted on commercially zoned properties
within the Main Street Overlay Subdistrict.
2.2.28.8.8 Outdoor Display and Sale of Merchandise:
Outdoor Display and Sale of Merchandise, within the Front and
Side Yards on improved properties, are permitted subject to the
following provisions:
A__: The outdoor display/sale of merchandise is limited to the
sale of comparable merchandise sold on the premises and
as indicated on the proprietor's occupational license.
B__:. The outdoor display/sale of merchandise is permitted on
improved commercially zoned properties and is subject to
the submission of a site development plan that
demonstrates that provisions will be made to adequately
address the following:
Vehicular and pedestrian traffic safety measures.
Sale/display of merchandise shall not be located in
the required parking areas.
Fire protection measures.
Limited hours of operation from dawn until dusk
Outdoor display and sale of merchandise within the sidewalk area only,
shall be permitted in coniunction with "Main Street" approved vendor
carts, provided the applicant submits a site development plan which
demonstrates that provisions will be made to adequstely address the
following:
1__. Applicant has obtained all necessary State
and/or County licenses;
AGE. NIDA ITEl&
DEC 1 5 1999
,
2.2.28.8.9.1
~RR9~
2.2.28.8.10
2.2.28~8.11
2.2.28.8.12
Sale/displav of merchandise shall not be located in the road riehts-ol:wav:
Vendor Cans shall only be located on sidewalks that afford the applicant a
five foot clearance for non-obstructed pedestrian traffic: and
Limited hours of operation from dawn until dusk
Dimensional Standards: Subiect to the provisions of this code. for each respective
zoning district, except as noted below:
Yard requirements.
Maximum yard requirements.
1. Front Yard: 7 or 10 feet
2_. Side Yard: 0 - 10 feet
Minimum yard requirements.
1_. Rear Yard: 0 or 5 feet
Abutting Residential: 20 feet
Maximum height of structures.
1_. All structures shall be no more than 35 feet in height, except hotel/motel
uses shall be no more than 50 feet in height.
Minimum off-street parking and off-street loading. As permitted by Section
2.2.28.7. Standards for parking within the Immokalee Central Business District
and as noted below:
1_. Outdoor caf~ areas, shall be exempt from parking
calculations.
.29. All properties within the Main Street Overlay Subdistrict, having frontage
on Main Street. First Street or Ninth Street are required, by this subdistrict
to locate all parking in the rear and/or side yards.
Signs:
1_.:
As required in division 2.5. and as noted below:
Projecting signs are allowed in addition to permitted signs provided such
signs do not exceed 6 square feet in size and are elevated to a minimum of
8 feet above pedestrian way.
Sandwich Boards are permitted, one per eating establishment, not to
exceed 6 square feet in size and shall only be displayed during business
hours.
Commercial Design Guidelines: Subject to provisions of Division 2.8,
Architectural and Site Design Standards for Commercial Buildings and Projects,
except as noted below:
Properties having frontage on Main Street or First Street or Ninth Street
are required to locate its primary business entrance on that street. Parcels
fronting both Main Street and First Street or both Main Street and Ninth
Street are required to locate its primary business entrance on Main Street.
Reflective or darkly tinted glass is prohibited on ground floor xyj~dows.
Properties with'less than 50 feet of road frontage shall onlv','equire a
minimum of one roof change.
Commercial projects 5.000 square feet in size or less shall onlv require a
minimum of two design features, as described within section 2.8.4.4.6 of
this code.
To encourage redevelopment within the Main Street Overtav Subdistrict,
for proposed redevelopment of existing proiects that do not increase
impervious surface area and whose total building area is less than or equal
to 5.000 square feet in size, the applicant shall be exempt from Section
_.4..~.1 of the Landscaping and Buffering provision, requiring the seal of a
Landscape Architect and shall also be exempt from Division 2.8.
Architectural and Site Design Standards and Guidelines/hr Commercial
Buildings and Projects. requiring the seal of an Architect.
Projects ereater than 5000 square feet in size shall be required to comply
with Division 2.8 of this code.
Landscaping and Buffering: Subject to provisions of Division 2.4. of this Code.
except as noted below:
To encourage redevelopment, the/bllowing landscape criteria shall apply
to all commercially zoned properties and those residential properties with
permitted commercial uses, except where otherwise prohibited by this
subdistrict:
a_: properties adjacent to residentially zoned lots/parcels shall provide
a minimum 10' wide landscape buffer 6' in height with trees
spaced no more than 25' on centerg
b._:. a minimum perimeter buffer of 5' wide with a sinele row hedge
with trees spaced no more than 30' on center shall be required for
all properties;
c_. a minimum 5' buffer with at least two trees on each parcel shall be
required adjacent to all rights-of-ways;
d_. lots/parcels that are unable to meet the above minimum landscape
criteria, shall be required to provide landscape planters and/or
flower boxes for each such property, as recommended by the
County Landscape Architect or County Planning Director; and
projects greater than 5000 square feet in size shall be required to
comply with Division 2.8 of this code.
2.2.28. Main Street Overlay Subdistrict lmmokalee/MM
AGENDA ITEM
DEC 1 5 1999
U
ORIGIN: Planmng Services Department Staff
AUTHOR: Stan Chrzanowski, PE. Senior Engineer
Fred Reischl, Senior Planner
DEPARTMENT: Planning Services Department
LDC PAGE: LDC2:115 - LDC2:122.5
LDC SECTION: Sec. 2.3.4; Sec. 2.3.5; Sec. 2.3.14
CHANGE: This proposed change consolidates the Off-Site Parking, Shared Parking, and
Parking Reservation petitions into a Parking Exemption petition. It also proposes the elimination
of a "compact" parking space and standardizes the design requirements of a parking space. It
also removes the restriction on only 10% of the required parking being in the rear of a shopping
center.
REASON: The consolidation of the Off-Site Parking, Shared Parking, and Parking Reservation
petitions into a single petition simplifies the application process. It also gives the Planning
Commission and the Board of Zoning Appeals more criteria to consider for each parking
petition, which are usually based on unique circumstances.
Compact parking is often used to fit extra parking spaces onto a site. With more large vehicles
(SUVs) on the road, compact spaces reduce the parking available to them.
Standardizing the written and graphic representations of a parking space will eliminate
confusion,
Limiting the parking behind a shopping center to 10% of the total, conflicts with portions of the
Architectural Design Guidelines (Sec. 2.8.3.1).
FISCAL & OPERATIONAL IMPACTS: The application fee for the existing petitions is
$425. Staff recommends that the fee for the consolidated petition remains the same.
RELATED CODES OR REGULATIONS: LDC Division 2.8
Sec. 2.3.3.
General applicability.
Wherever in any zoning district off-street facilities are provided for the parking or
display of any and all types of vehicles, boats or heaVy construction equipment,
whether such vehicles, boats or equipment are self-propelled or not, and all land
upon which vehicles traverse the property as a function of the primary use
(including "drive-in" facilities) hereinafter referred to as "other vehi, ,1~,- ..... "
3_
DEC 15 1999
such off-street facilities and land shall conform to the minimum reqmrements of
this code.
2.3.3.1.
Repair of existing building or use. Off-street parking and off-street loading
facilities shall be provided as set forth in this division. Conforming buildings and
uses existing as of the effective date of this code may be modernized, altered, or
repaired without providing additional off-street parking or off-street loading
-facilities, providing there is no increase in floor area or capaciW or change in use
which would require additional off-street parking.
2.3.3.2.
Enlargement of existing building or use. Where a conforming building or use
existed as of the effective date of this code and such building or use is enlarged in
floor area, volume, capacity, or space occupied, off-street parking and off-street
loading as specified in this code shall be provided for the additional floor area,
volume, capacity., or space so created or used.
2.3.3.3.
Change of existing use. Where a use and building existed at the effective date of
this code and the use is changed after the effective date of this code and where this
code requires such later and changed use to have greater required off-street
parking, then additional off-street parking shall be provided for the later and
changed use as required under this code.
2.3.3.4.
Central business district. Unless otherwise provided, areas designated as the
central business district of a commtmity shall not be required to meet the
requirements for off-street parking and loading herein. Such central business
districts may be designated on a map or such other documents and materials as are
necessary, and adopted by the board of county commissioners upon
recommendation of the planning commission for the purpose of exempting such
area from off-street parking and loading regxflations.
(Ord. No. 92-73, § 2)
Sec. 2.3.4. Off-street vehicular facilities: design standards.
Off-street parking facilities and other vehicular facilities, both required and
provided, shall:
2.3.4.1.
Identification. Be identified as to purpose and location when not clearly evident.
2.3.4.2.
DEC 1 5 1999
Surfacing. Be surfaced with asphalt, bituminous, concrete or dustless material and
maintained in smooth, well-graded condition. Up to 70 percent of the parking
spaces for houses of worship and schools may be surfaced with grass or lawn.
Spaces that are not paved shall be compacted, stabilized, well drained and
surfaced with a durable grass cover. Driveways, handicapped spaces and access
aisles shall be paved. When the development services director determines that the
paving of some or all parking spaces for houses of worship and schools will have
2.3.4.3.
2.3.4.4.
2.3.4.5.
2.3.4.6.
2.3.4.7.
2.3.4.8.
_..~.4.9.
2.3.4.10.
2.3.4.11.
significant negative environmental impacts, the director may require that these
parking spaces not be paved. Upon approval of the development services director,
a suitable material (limerock excluded) xvith a suitable stabilized subgrade may be
substituted for the above materials. This section 2.3.4.2 shall not apply to single-
family dwellings.
Drainage and slope. Be drained and sloped so as not to cause any nuisance to
adjacent property or to public property, or rights-of-way,, and sloped to meet the
provisions of the Americans with Disabilities Act.
Lighting. Be so lighted, if lighted, as to shield streets and all adjacent properties
from direct glare, excessive light, and hazardous interference with automotive and
pedestrian traffic. Lighting shall conform to the applicable provisions of Division
2,8.
Access. Be arranged for convenient and safe access of pedestrians and vehicles.
Internal circulation. Be arranged so that no vehicle shall be forced onto any street
to gain access from one aisle to another aisle.
Striping or marking. Whenever the number of off-street parking spaces required
by this code is five or more, all parking spaces shall be striped or marked with
paint or other suitable pavement marking material.
Landscaping. Be constructed so that interior portions of off-street vehicular
facilities not utilized specifically as a parking space or maneuvering or other
vehicular use area shall not be paved but shall be landscaped in accordance with
this code, specifically division 2.4.
Dead-end aisles. Off-street parking areas shall be designed so as not to create
dead-end aisles except as may be permitted in accordance with provisions of the
Standard Building Code, or other applicable codes referenced within division
1.18. Aisles designed for one-way traffic flow shall have painted arrows not less
than four feet at each end of the aisle indicating the direction of travel.
Redesign. Whenever any part of an off-street parking area is redesigned, those
pavement markings which no longer apply shall be completely obliterated.
Locational requirements.
DEC 1 5 1999
~.4~. or
*~'~ prcpcrtc,' cn '.'.'hick *~'~ ~'""; .......... ;* ;" ;"*""~'~ *^
~. ...... = ..~ ..... pursuant * .... *;^" 2.2.16 cfth!: cc~e.
5-2 t 5 ~ooc
DEC 1 5 1999
DEC 1 5 1999
~e:z~z~ ~n zzzticn 2.3.16;
AGENDA ITEM
DEC 1 5 1999
AGENDA ITEM
DEC 15 1999
Pl.
All required off-street parking facilities shall be located on the same lot
they serve, on a contiguous lot under the same ownership that is zoned for
use as a parking lot, or shall be approved under the provisions of Section
2.3.4.11.2., below.
Exemptions to Locational Requirements
Off-Site Parking on Non-contiguous Lots Under Same Ownership
The Planning Services Director may approve off-site
parking on lots under the same ownership that are separated
by a roadway that is not designated an arterial or a collector
roadway of ~eater than two lanes in the Traffic Circulation
Element. A Site Development Plan shall be submitted to
the Director which indicates that:
At least 67% of the required parking is on the lot
with the principal structure. (The Planning Services
Director may waive this requirement if at least one
of the considerations in Section 2.3.4.11.2.C.2 are
met).
(2) The off-site lots are zoned for use as a parking lot or
are zoned the same as the lot with the principal
structure, and the off-site parking xvill serve a water
d...ependent and/or water related use or will only be
for valet parking.
Off-Site Parking on Lots Under Different Ownership
The Planmng Services Director may approve off-site
parking on contiguous lots that are under different
ownership. A Site Development Plan shall be submitted to
the Director which includes:
A minimum ten-year lease agreement between the
property owners, stating that if and when the lease
expires, the property owner shall make other
provisions for required parking. The County
Attorney shall review this agreement for form and
legal sufficiency. The petitioner shall record the
8
lease in the Official Records of Collier County
(2)
(,3)
before apprc~val of the Site Development Plan.
At least 67% of the required parking is on the lot with
the principal structure; or
The off-site lots are zoned for use as a parking lot or
are zoned the same as the lot with the principal
structure, and the off-site parkin~ will serve a water
dependent and/or water related use or will only be
for valet parking.
AGE.~A ITEM
DEC 1 § 1999
Parking Exemption
The Board of Zoning Appeals, after review and
recommendation bv the Planning Commission, may
approve a parking exemption for the following
circumstances:
The permitted use and the proposed off-site parking
lot are separated by a roadway that is designated an
arterial or a collector roadway of greater than two
lanes in the Traffic Circulation Element..
The lot proposed for off-site parking is not zoned
commercial.
Shared parking, in which two or more permitted
uses utilize the same, or a portion of the same
required parking.
Parking reservation, in which the petitioner believes
that the number of required parking spaces is
excessive and wishes to reduce the number of
parking spaces required to be constructed, while
reserving the land area for future parking spaces if
determined necessary by the Planning Services
Director, or The Board of County Commissioners.
The Planning Commission and the Board of Zoning
Appeals shall consider the following criteria for a parking
exemption:
Whether the amount of off-site parking is requ'.xred
by Section 2.3.16, or is in excess of requirements.
(10)
(11)
(12)
(13)
(14)
The distance of the farthest parking space from the
facility to be served.
If the lots are separated by a collector or arterial
roadway, the safety of pedestrians.
If the lot is not zoned commercial, it must meet the
locational criteria for commercial uses as identified
in the Future Land Use Element of the Growth
Management Plan.
Pedestrian and vehicular safety.
The character and qualiW of the neighborhood and
the future development of surrounding properties.
Potential parking problems for neighboring
properties.
Whether the internal traffic flow is required to leave
the site to reach the proposed off-site parking.
Whether vehicular access shall be from or onto
residential streets.
Whether buffers adiacent to prope..rW zoned
residential are 15 feet in width and include a wall in
addition to required landscaping.
Whether the off-site parking will be used for valet
parking.
Whether the off-site parking will be used for
employee parking.
Whether there are more viable alternatives
available.
Where the proposed off-site parking will serve
water dependent and/or water related uses.
AGENDA ITEM
DEC 15 1999
Pt. $3,,.
Each ~2)_ff-street parking ~ must be ~ accessible from a street
alley or other public right-of-way and all off-street parking facilities must
be so arranged that no motor vehicle shall have to back onto any street,
2.3.4.12.
2.3.4.12.1.
excluding single-family and two-family residential dwellings and churches
approved under section 2.3.16.
Dimensional standards.
Minimum aisle widths. Minimum aisle widths shall be as follows:
AGENDA ITFJ~
DEC 15 1999
Angle of
Parking
Aisle Width
(One-Way)
Aisle Width
(Two-Way)
Parallel 12 feet* 20 feet
30 degrees 12 feet* 22 feet
45 degrees 12 feet* 22 feet
60 degrees 18 feet 24 feet
90 degrees 22 feet 24 feet
*Fire districts may require these to be increased to 14 feet where an acute mining radius is
present.
12
DEC 1 5 1999
(~*~)
?--T--
: C::',, :... ~..
:::::::::::::::::::::
TYPICAL OFF-STREET
PARKING DESIGN
DIVISION e.~
COLLIER COUNTY DEVELOPld]~Fr
SERVICES
19 JAN 9~
EXHIBIT
kC-IF. NDA IT~IM
DEC 15 1999
Minimum space size. Each parking space shall be a minimum of nine feet by l 8
feet in size or 16 feet in depth measured from the isle width to the face of the
wheelstop ex:cpi for compa:t parking :pazz: a!!c-x'ed ':.'ii,An section 2.2.4.12.2.
See Exhibit "A" for typical off-street parking design. All "compact" parking
spaces indicated on an approved Site Development Plan, and its subsequent
amendments, shall be counted as standard parking spaces.
2.2.d.12.3.
2.3.4.12.4~.
Secondaw parking j?om alley access. For any nonresidential development which
abuts an alley, a maximum of ten parking spaces, not to exceed 30 percent of the
required parking for the proposed use, may be accessed solely from the alley. Said
parking spaces shall be clearly marked and arranged in such a manner so that each
parking space meets the minimum size required in section 2.3.4.12.2 of this code.
Additionally, these spaces shall be arranged in a manner which allows for full
compliance with any required landscaped buffer requirement. These spaces shall
be for the exclusive use of employees and service vehicles and shall be clearly
designated as such by appropriate sig-nage.
(Ord. No. 92-73. §,,?' Ord. No. 93-89, § 3: Ord. No. 9a-58, § 3, 10-21-94; Ord. No. 96-21, § 3:
Ord. No. 96-35, § 2)
Sec. 2.3.5 r~rr ....., _..~; .... ~'--~ ~=king. [RESERVED]
AGENDA ~f~r..~' 1
DEC 15 1999
14
2.3.5.2.
water relate~
z s DEC 1 5 199~,
pi. .,~F ....
2.~.5.5.5.
16
DEC 15 1999
2.2.5.6.7.
2.2.5.7.1.
,._a _~. :!:m:nt ^C:h: ~c::z5 ma::agem:n: ~, .... ,
i.~l,.A~ 1-,.,+ ,.!.,,,11 ,-,,--,'. I..~ li~,;+~A +.-.
requir:mentc or ~^.a;+;^.. ma5' ·
..... ~ ~ .... ' h d llo,t
?..ku g
'.-'s: or z,n.' ~.;v .... :xiat!zg ............. j ..... r ..... ~ ............. =
:1.7
(Ord. No. 92-73, § 2; Ord. No. 96-21, § 3; Ord. No. 96-35. § 2)
Sec. 2.3.6. Off-street parking: uses not specifically mentioned.
_Requirements for off-street parking for uses not specifically mentioned in this
division shall be the same as for the use most similar to the one sought, or as
otherwise determined by the planmng se~'ices director pursuant to section 2.3.9
of this code it being the intent of this code to require all uses to provide off-street
parking, unless specific provision is made to the contrary.
(Ord. No. 92-73, § 2; Ord. No. 95-58, § 3, 11-1-95)
Sec. 2.3.7. Off-street parking: fractional measurements.
When units of measurements determining number of required off-street parking
spaces result in a requirement of a fractional space, then such fraction equal or
greater than one-half shall require a full off-street parking space.
Sec. 2.3.8. Off-street parking: measurement.
Where this code requires off-street parking based on various types of
measurements, the following rules shall apply:
2.3.8.1.
Floor area means, for the purposes of this division only, the gross floor area inside
the exterior wails, unless otherwise specifically indicated.
2.3.8.2.
In hospitals, bassinets do not count as beds.
2.3.8.3.
In stadiums, sports arenas, houses of worship, and other places of public assembly
where occupants utilize benches, pews, or other similar seating arrangements,
each 24 lineal inches of such seating facilities count as one seat.
2.3.8.4.
Where the parking requirements are based on number of employees or persons
employed or working in an establishment and the number of employees increases
after the building or structure is occupied, then the amount of off-street parking
provided must be increased in ratio to the increase of the number of employees.
(Ord. No. 92-73, § 2)
Sec. 2.3.9.
Off-street parking: minimum requirement.
!8
DEC I 5 1999
pg. "~//
Irrespective of any other requirement of this code, each and every separate
individual store, office, or other business shall be provided with at least one off-
street parking space, unless specific provision is made to the contrary.
The planning services director may determine the minimum parking requirements
for a use which is not specifically referenced below or for which an applicant has
provided evidence that a specific use is of such a unique nature that the applicable
minimum parking ratio listed in this code should not be _applied. In making such a
determination the planning services director may require submission of parking
generation studies; evidence of parking ratios applied by other counties and
municipalities for the specific use; reserved parking pursuant to section 2.3.16;
and other conditions and safeguards deemed to be appropriate to protect the public
health, safety and welfare.
(Ord. No. 95-58, § 3, 11-1-95; Ord. No. 96-21, § 3)
Sec. 2.3.10.
Off-street parking: parking provided over and above the minimum parking
requirement.
Developers of commercial projects located xvithin commercial zoning districts,
business park districts, or a commercial component of a PUD zoning district,
which require a minimum of 80 parking spaces, providing paved off-street surface
parking in excess of 120 percent of the requirements of this code shall request a
variance in accordance with section 2.7.5. The developer shall be required to
provide double the landscaping required in interior vehicular use areas, as
required by section 2.4.5.2 for those projects requesting such a variance.
(Ord. No. 95-58, § 3, 11-1-95; Ord. No. 96-66, § 3.C, 10-30-96)
Sec. 2.3.11. Off-street parking: parking lots exceeding 200 spaces.
Developers providing parking lots in excess of 200 parking spaces may surface
15 percent of the required off-street parking spaces in grass which shall be
compacted, stabilized, well drained and surfaced with a durable grass cover. Such
grass parking spaces shall be located along the outlying perimeter of the parking
lot. Driveways, handicapped spaces and access aisles shall be paved. All grassed
parking spaces shall be included in the xvater management calculations for site
development plan review.
(Ord. No. 95-58, § 3, 11-1-95)
Sec. 2.3.12.
AGENDA ITEM
DEC 15 1° 99
Off-street parking: encroachment prohibited.
Required off-street parking shall be located so that no automotive vehicle when
parked shall have any portion of such vehicle overhanging or en~groaching on
public fight-of-way or the property of another. If necessary, xvheel stops or
Lan/ers may be required in order to enforce this provision.
(Ord. No. 92-73, § 2; Ord. No. 95-58, § 3, 11-1-95)
Sec. 2.3.13. Off-street parking: not to be reduced or changed.
Required off-street parking according to the requirements of th_is code shall not be
reduced in area or changed to any other use unless the permitted or permissible
use that it serves is discontinued or modified, or equivalent required off-street
parking is provided meeting the requirements of this code.
(Ord. No. 95-58, § 3, 11-1-95)
Sec. 2.3,14.
nrc ~, .......~.; ........... ;^~ [RESERVED]
2.2.1~.4.
AGENDArlEM
DEC 15 1999
except in conjunct!Ch '-';*~ *~ building or use "'";-~ *~ ........ 4 -~.b; ......
...... zc long az the ~rr :trczt ~.~v;-- c.~;n+; .......... ;.~4
2O
(Ord. No. 92-73, § 2; Ord. No. 95-58, § 3, 11-1-95)
2.3.4.2.3.5 & 2.3.14 LDC AMENDMENT/FR/md/9/1/99
23.
A~IDA ITEM
DEC 1 5 1999
ORIGIN: Community Development & Environmental Services
AUTHOR: Ronald Nino
DEPARTMENT: Planning Services
LDC PAGE: LDC 2:124
LDC SECTION: 2.3.16
CHANGE: Revise required stacking (queuing) for drive in facilities at banks and financial
institutions.
REASON: Visual inspection of operational characteristics show that the current stacking
requirement of 6 vehicles per drive thru facilitv is excessive particularly for those banks with
multiple drive thru facilities.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
Section 2.3.16.
Off-street parking and stacking: required amounts.
Bank or financial institution
I per 250 square feet on the first floor and 1 per 300 square
feet on any other floors. Stacking for 6 4_ vehicles for each
drive-up window not to exceed a total requirement of ~ 15
vehicles:- exclusive of automated deposit lane which
requires no stackim,.
2.3.16. LDC AMENDMENT/RFN/md
ORIGIN: Current Planning Section
AUTHOR: Ross Gochenaur. Planner II
DEPARTMENTS: Planning Services
LDC PAGE:
.~.132
LDC SECTION: 2.3.16.1 -
CHANGE: Delete reference to "non-residential" developments and substitute "commercial"
REASON: The original intent of this section was to provide bicycle parking for commercial
development rather than industrial, where such use would be virtually nonexistent. This change
would reflect that intent.
FISCAL & OPERATIONAL IMPACTS: Approval of this amendment would save industrial
businesss the expense of providing paved but unused and unnecessary, bicycle parking spaces.
RELATED CODES OR REGULATIONS: The Collier County Comprehensive Pathways
Plan.
Amend the LDC as follows:
2.3.16.1.
Bicycle Parking for ~ Commercial Developments.
Provisions for the sate and secure parking of bicycles shall be furnished at
a ratio of five percent of requirements for motor vehicles per Sec. 2.2.16.
but not to exceed a maximum of 15 total bicycle parking spaces. A
minimum of two bicycle parking spaces shall be provided.
A bicycle parking facility suited to a single bicycle ("parking space") shall
be of a stand-alone inverted-U design measuring a minimum of 36 inches
high and 18 inches wide [of 1½ inch Schedule 40 pipe per ASTM F 1083]
bent in one piece ("bike rack") mounted securely to the ground [by a 3/8
inch thick steel base plate per ASTM A 36] so as to secure the bicycle
frame and both wheels.
o
Each parking space shall have a minimum of three feet of clearance on all
sides of the bike rack.
Bicycle spaces shall be surfaced with the same or similar materials
approved for the motor vehicle parking lot. lighted and located no greater
than 100 feet from the main building entrance. AC,,~A rrr~
DEC 1 5 1999
Extraordinary. bicvcle parking designs which depart from the bike rack
standard but are in keeping with the development's design theme shall be
considered by the County architect. Bike racks which function without
securing the bicycle frame, require the use of a bicycle kick stand, or
which may be freely reoriented are not allowable.
2.3.16. I.. LDC AMENDMENT/RG/md
DEC 15 1999
ORIGIN: Staff
AUTHOR: Michelle Edwards Arnold. Code Enforcement Director
DEPARTMENT: Code Enforcement
LDC PAGE: LDC2:144 and 145
LDC SECTION: 2.4.4.12:3.9.6.4.1
CHANGE: Amend prohibited species to include ficus microcarpa and delete same from
prohibited exotic species.
REASON: The prohibited species plant ficus microcarpa should be listed under prohibited
species as opposed to prohibited exotic species.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS:
2.4.4.11.
2.4.4. I 1.1.
2.4.4.11.2.
2.4.4.11.3.
2.4.4.11.4.
2.4.4.11.5.
2.4.4.11.6.
2.4.4.11.7.
2.4.4.11.8.
Prohibited species. The following plant species shall not be planted:
Enterolobium cyclocarpum (ear tree).
Melia azedarach (Chinaberry, tree).
Bischofia Javanica (bishopwood).
Scaevola frutescens (Australian inkberD').
Dalbergia sissoo (Indian roasewood).
Sapium sebiferum (Chinese tallow tree).
Ardisia elliptica (shoe button ardisia).
Ficus microcarpac (laurel fig)
This list shall be subject to revision as exotic plan species are determined to be
noxious, invasive, cause environmental degradation to native habitats, or to be
detrimental to human health, safety, or the public welfare.
- AGENDA ffEM
DE[ 15 1999
P~,.,~~
2.4.4.12
2.4.4.12.1.
2.4.4.12.2.
2.4.4.12.3.
2.4.4.12.4.
2.4.4.12.5.
2.4.4.12.6.
2.4.4.12.7.
2.4.4.12.8.
2.4.4.12.9.
2.4.4.12.10.
2.4.4.12.11.
2
Prohibited Exotic Species. In addition to the prohibitions outlined in section
2.4.4.11. the following species or seeds thereof shall not be grown, offered fo
sale. or transported inter-county or intra-county.
Melaleuca spp. (punk treet.
Schinus terebinthifolius (Brazilian pepper l.
Any member of the family Casuarinaceae I Australian pine).
Rhodomyrtus tomentosa (downy rosemyrtle).
Dioscorea bulbifera (air potato)
Colubrina asiatica (lather leaf}.
kygodium spp. (climbing fern}.
Syzygium cumini (Java plum I.
Mimosa pigra (catclaw mimosa).
Acacia auriculiformis (earleaf acacia).
Albizia lebbeck (Women's tongue).
~ ..... ~ ....... tl ..... 1 ~, ,~ ~.
2.4.4.1 1. & 2.4.4.12. LDC AMENDMENT/MEAdmd
DEC 15 1999
ORIGIN: Commtmity Development & Envi, onmental Services
AUTHOR: Ron Nino
DEPARTMENT: Planning Services
LDC PAGE: 2:152.2 and 2:152.3
LDC SECTION: 2.4.7.4.
CHANGE: Eliminate requirement for an internal landscape buffer between commercial
subdivision tracts when part of a unified plan of development with cross access easements and
shared parking.
REASON: To allow joint access and parking between tracts within a commercial subdivision or
between out parcels and the parent tract.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
Amend Subsection 2.4.7.4 as follows:
The letter listed under "Adjacent Properties District" shall be the landscape buffer and
screening alternative required. The "-" symbol shall represent that no buffer is required.
The PUD district buffer, due to a variety, of differing land uses, is indicated by the "*"
symbol, and shall be based on the landscape buffer and screening of the district or use
with the most similar types, densities and intensities of use. Where a conflict exists
between the buffering requirements and the yard requirements of this code, the yard
requirements of the subject zoning district shall apply.
1Buffering in agriculture (A) districts shall be applicable at the time of site
development plan (SDP) submittal.
2Industrial (I) zoned property, where abutting industrial (I) zoned property, shall
be required to install a minimum five-foot-wide type A landscape buffer adjacent
to the side and rear property lines. This area shall not be used for water
management. In addition, trees may be reduced to 50 feet on center along rear and
side perimeter buffers only. This reduction in buffer width shall not apply to
buffers adjacent to vehicular rights-of-way or nonindustrial zoned property.
EZ?., 15 1999
3Buffer areas between commercial outparcels located within a shopping centex
may have 1~ a shared buffer 10' wide. Tiffs does not apply to right-of-way buffers.
Buffer areas between interior 10t lines of commercial parcels may be displaced to
other locations as schematically shown in Figxtre 3. Displaced Commercial
Interior Lot Line Landscaping, Approval shall be obtained from the Planning
Services Director subject to the following conditions: -
The project is part of a unified plan of development as iljustrated by a
Master Site Development Plan which includes all of the individual
building parcels which comprise the unified plan of development: and
(ii)
An a~eement between all owners of the separate parcels is recorded to the
effect that there is 0~ ~ystem of cross access easements and that the entire
parking lot functions as a common parking lot: and
(iii)
All of the buildings share a common architectural and landscape theme:
and
(iv)
The land area normally associated with landscaping that will be displaced
as a result of the ¢litlaination of some interior lot line landscaping will be
proportionately added to other required interior vehicular use area
landscaping, building perimeter plantings or perimeter buffering.
2.4.7.4 - NS
DEC 1 5 1999
_
ORIGIN: Community Development & Environmental Services
AUTHOR: Chahram Badamtchian, Ph.D., AICP
DEPARTMENT: Planning Services
LDC PAGE: LDC2:152.4-LDC2:173
LDC DIVISION: 2.5.
CHANGE:
Replacing pole and ground signs with monument sign, changing some
dimensional requirements in connection with monument sign,
providing an amortization period for all non-conforming signs, some
minor revisions to make the Code more comprehensible and user-
friendly.
REASON:
Replacing pole and ground signs with monument signs is a natural
extension of our architectural design guidelines adopted two years
ago. Monument signs have more architectural elements and are more
aesthetically pleasing than pole signs. This proposed amendment will
require the monument sign to have some minimum design standards.
This amendment also provides for a five year amortization program for
all non-conforming signs. This action will require all non-conforming
signs to be redesigned and made to comply with the design and
dimensional requirements of the Code, which will make all signs
throughout the County more aesthetically pleasing.
FISCAL & OPERATIONAL IMPACTS: Replacement of non-conforming or illegal
signs will have a fiscal impact on property and business owners. In the case of
legal non-conforming signs, this impact is mitigated by the proposed amortization
period. Attached is a detailed "Sign Enforcement Plan", which addresses the
operational impacts on the Community Development & Environmental Services
Division in detail.
RELATED CODES OR REGULATIONS: Definition section of the Code.
Amend Section 2.5. as follows:
DIVISION 2.5. SIGNS
AGENDA ITEM
NO, ~
DEC 15 1999
Sec. 2.5.1. Title and citation.
This division shall be known and may be cited as the "Collier County Sign Code."
Sec. 2.5.2. Applicability.
This division shall apply to and be enforced in all unincorporated areas of Collier
County, Florida. -
Sec. 2.5.3. General finding.
Increased numbers and sizes of signs, as well as certain types of lighting distract
the attention of motorists and pedestrians, and interfere with traffic safety. The
indiscriminate erection of signs degrades the aesthetic attractiveness of the
natural and manmade attributes of the community and thereby undermines the
economic value of tourism, visitation and permanent economic growth.
Sec. 2.5.4. Purpose and intent.
It is the intent and purpose of this sign code, and it shall be interpreted, to
implement the goals, policies and objectives of the growth management plan, and
to promote the health, safety, convenience, aesthetics, and general welfare of the
community by controlling signs which are intended to communicate to the public
and to authorize the use of signs which are:
2.5.4.1.
Compatible with their surroundings.
2.5.4.2.
Designed, constructed, installed and maintained in a manner which
does not endanger public safety or unduly distract motorists.
2.5.4.3.
Appropriate to the type of activity to which they pertain.
2.5.4.4.
Are large enough to convey sufficient information about the owner or
occupants of a particular property, the products or services available
on the property, or the activities conducted on the property and small
enough to satisfy the needs for regulation.
2.5.4.5.
Reflective of the identity and creativity of the individual occupants.
Sec. 2.5.5. Permitted signs.
2.5.5.1.
Signs within residential zoned districts and as applicable to
residential designated portions of PUD zoned properties.
2
AGE. NDA ~, F..M
DEC 15 1999
m
2.5.5.1.1.
1.
2.5.5.1.2.
Development standards.
Maximum allowable height. All signs within residential zoned districts
and as applicable to residential designated portions of PUD zoned
properties are limited to a maximum height of eight feet. or as
provided within this Code. Height shall be measured from the lowest
centedine grade of the nearest public or private R.O.W. or easement
to the uppermost portion of the sign structure.
Minimum setback. All signs within residential zoned districts and as
applicable to residential designated portions of PUD zoned
properties shall not be located closer than 15 10 feet from the
property line, unless otherwise noted below or as provided for in
section 2.1.13.
Real estate signs. The following signs classified as real estate signs
shall be permitted in residential districts subject to the following:
One ground sign with a maximum height of 6 feet or wall "For Sale,"
For Rent," or similar sign, with a maximum of four square feet in
size, per street frontage for each parcel, or lot less than one acre in
size. Said sign shall be located no closer than ten feet from any
adjacent residentially used property and may be placed up to the
property line abutting a right-of-way, provided it is a minimum of ten
feet from the edge of pavement. (No building permit required.)
One ground sign with a maximum height of 8 feet or wall "For Sale,"
"For Rent," or similar sign, with a maximum of 12 square feet in size,
per street frontage for each parcel, or lot one to ten acres in size.
(No building permit required.)
One f)ele ground sign with a maximum height of -1~ 10 feet or wall
"For Sale," "For Rent," or similar sign, with a maximum of 64 square
feet in size, per street frontage for each parcel or lot in excess ten
acres in size.
Real estate signs shall not be located closer than -1-6 10 feet from
any property line. In the case of undeveloped parcels where the
existing vegetation may not allow the location of the sign -I.,5 10 feet
from the property line, the planning services director may allow a
reduction in the amount of the required setback however, in no case
shall said sign be located closer than five feet from any property line
unless authorized by the board of zoning appeals through the
variance process.
3
AGENDA rrEM
DEC 1 5 1999
2.5.5.1.3.
2.5.5.1.4.
Real estate signs shall be removed when an applicable temporary
use permit has expired, or within seven days of any of the following
conditions: ownership has changed; the property is no longer for
sale; rent or lease; or, the model home is no longer being used as a
model home.
A sign advertising that a property has been sold or leased ShEll not
be displayed for more than 30 days after it is erected.
Model home signs. One on-premises sign for model homes,
approved in conjunction with a temporary use permit in any zoning
district not to exceed 32 square feet. Model home sign copy shall be
limited to the model name, builder's name, name and address,
phone number, price, logo, and model home. Model home signs
shall not be illuminated in any manner(No building permit required.)
Construction signs. All supports for such signs shall be securely
built, constructed, and erected and shall be located on the site
under construction, subject to the following:
One ground sign with a maximum height of 6 feet or wall sign, with a
maximum of four square feet in size, may be used as a construction
sign by the general contractor of the development or as a permit
board, within each front yard for each pamel less than one acre in
size. (No building permit required.)
One ground sign with a maximum height of 8 feet or wall sign, with a
maximum of 12 square feet in size, may be used as a construction
sign by the general contractor of the development or as a permit
board, within each front yard for each parcel one to ten acre in size.
(No building permit required.)
One f~)le ground sign with a maximum height of 15 10 feet or wall
sign, with a maximum of 64 square feet in size, may be used as a
construction sign by the general contractor of the development or as
a permit board, within each front yard for each parcel in excess of
ten acre in size.
One ground sign with a maximum height of 6 feet or wall sign, with a
maximum of four square feet in size, may be used as a construction
sign by each contractor, lending institution, or other similar company
involved with the development, regardless of parcel size, (No
building permit required.)
4 DEC 15 199(`
2.5.5.1.5.
2.5.5.1.6.
2.5.5.1.7.
1.
Residential directional or identification signs. Directional or
identification signs no greater than four square feet in size, and
located internal to the subdivision or development may be allowed
subject to the approval of the planning services director, or his
designee. Such signs shall only be used to identify the location or
direction of approved uses such as models or model sales centers,
club house, recreational areas, etc. These signs may be cjustered
together to constitute a sign with a maximum area of 24 square feet
and a maximum height of eight feet. Such cjustered signs shall
require a building permit. For signage to be located alone the Golden
Gate Parkway see division 2.2, section 2.2.21.1 and 2.2.21.6.2.
On-premises signs within residential districts. Two ground signs with
a maximum height of 8 feet or wall residential entrance or gate signs
may be located at each entrance to a multi-family, single-family,
mobile home or recreational vehicle park subject to the following
requirements:
Such signs shall contain only the name of the subdivision, the
insignia or motto of the development and shall not contain
promotional or sales material. Said signs shall maintain a 10 ~5-foot
setback from any property line unless placed on a fence or wall
subject to the restriction set forth in section 2.6.11.
The ground or wall signs shall not exceed a combined area of 64
square feet, and shall not exceed the height or length of the wall or
gate upon which it is located.
Conditional uses within the residential and agricultural districts.
Conditional uses within the residential district are permitted one wall
sign with a maximum of 32 square feet. Comer lots are permitted
two such wall signs.
Conditional uses within the agricultural distdct in the urban area,
residential and estates districts with a street frontage of 150 feet or
more and a land area of 43,560 square feet or larger are permitted a
ground sign with a maximum height of 8 feet with a maximum area
of 32 square feet.
Bulletin boards and identification signs for public, charitable,
educational or religious institutions located on the premises of said
5
N~ -~-
DEC 1 § ~
2.5.5.2.
2.5.5.2.1.
institutions and n 't exceeding 12 square feet in size. (No building
permit required.)
The Board of County Commissioners may approve additional
signage as may be deemed appropriate during the conditional use
approval process.
Signs within non-residential districts:
Design criteria and Unified sign plan. Where multiple on-premise
signs are proposed for a single site or project, or in the case of a
shopping center or multi-use building, a unified signage plan shall be
employed. An application for site development or site improvement
plan approval shall be accompanied by a graphic and narrative
representation of the unified signage plan to be utilized on the site.
The unified sign plan must be applied for by the property_ owner or
his or her authorized agent. The unified sign plan may be amended
and resubmitted for approval to reflect style changes or changing
tenant needs, Design elements which shall be addressed in both
graphic and narrative form include:
(a) colors;
(b) construction materials and method;
(c) architectural design;
(d) illumination method;
(e) copy style;
(f) sign type(s) and location(s); and,
(g) No wall sign shall exceed 80 percent of the width of the unit(s)
or the building occu0ied by a business with a minimum of ten
percent clear area on each outer edge of the unit(s)or the
buildina:
str~'cturc= '"'"'i~ c'.. ......... =., ~. ....
--~'-" !ndlc=te "'-"~ ......... "*~, *~--' fcl!cwlng:
6
DEC 15 1999
Pg. ~..~
(3_i)
(m)
2.5.5.2.!.!.
All wall signs for multi-use buildings shall be located at a consistent
location on the building facade, except that anchor tenants may vary
from this Iocational requirement in scale with the anchor's larger
primary facade dimensions. All signs shall adhere to the dimensions
provided for in the unified signage plan; and
~ Monument sions shall contain an architecturally finished
base of not less than 24 inches in height. The remainder of the sign
must contain architectural design features, including colors and/or
materials common to those used in the design of the building the
sign is accessory to. A minimum 100 square foot planting area shall
be provided around the base of any monument sign, consistent with
the provisions of division 2.5. of this code,.......~*"" '""~*'"*~"",,,-v.,-.,..,,
The height of the monument sign may not exceed 3 times the width
or vice-versa.
The sign shall not be in the sha.De of a logo and a graphic logo shall
not occupy more than 20 percent of the sign area and shall not
protrude from the sign. For the .Du .rpose of this section, the name of a
business shall not be considered a logo.
Monument signs located along arterial roadways shall have a
m~ximurn overall area of 150 sauare feet all other signs shall have
an overall area of no more than 120 sa. uare feet, The overall area of
a sign shall be measured by drawing an imaginary_ rectangle from
the ground to the toD of the sign structure. The area of this imaginary_
rectangle shall be considered the overall area of the sign.
The use of florescent colors is prohibited.
7
.,,~11
AGENDA ITEM
DEC 1 5 1999
2.5.5.2.2.
1.
2.5.5.2.3.
Development standards.
Maximum allowable height. All monument signs within non-
residential zoned districts and as applicable to non-residential
designated portions of PUD zoned properties are limited to a
maximum height of 15 feet when located along an arterial roadway
and 12 feet for all other roads eight ~'""" ..... * .... i, .... ,,, ~ .....
~ "*~' .... ~ ....... ~'"'"~ ~ ..... "*~'~'- *~'"" cect!on. Height shall be
measured from the lowest centedine grade of the nearest public or
private R.O.W. or easement or the .Barking lot area to the uppermost
portion of the sign structure.
Minimum setback. All signs within non-residential zoned districts and
as applicable to non-residential designated portions of PUD zoned
properties shall nct..v~'~ ,v~_.~_'"""+"'~ "'~.~..... .... *~'~-'., ,.... 15 contain a setback
from all .pro.petty lines which eauals to the overall height of the sign
with a minimum of 10 feet ~-""-" ,h~ ..... "~' !!ne, unless otherwise
noted below or as provided for in section 2.1.13.
The location of the permanent monument sign shall be shown on
the landscape plans (see Sec. 2.4.4.17.).
Real estate signs: The following signs classified as real estate signs
shall be permitted in non-residential districts subject to the following:
One ground sign with a maximum height of 10 feet or wall "For
Sale," "For Rent," or similar sign with a maximum area of twelve
8
AGENDA IT,':),,
DEC 15 1999
2.5.5.2.4.
square feet in size per street frontage for each parcel, or lot less
than one acre in size. (No building permit required.)
One ground sign with a maximum height of 10 feet or wall "For
Sale," "For Rent," or similar sign, with a maximum 32 square feet in
size, per street frontage for each parcel, or lot one to ten acres in
size. (No building permit required.)
One ground sign with a maximum height of-l-6 10 feet or wall "For
Sale," "For Rent," or similar sign, with a maximum of 64 square feet
in size, per street frontage for each parcel or lot in excess of ten
acres in size.
Real estate signs shall not be located closer than -1-6 10 feet from
any property line. In the case of undeveloped parcels where the
existing vegetation may not allow the location of the sign ~ 10 feet
from the property tine, the planning services director may allow a
reduction in the amount of the required setback however, in no case
shall said sign be located closer than five feet from any property line
unless authorized by the board of zoning appeals through the
variance process.
Real estate signs shall be removed when an applicable temporary
use permit has expired, or within seven days of any of the following
conditions: ownership has changed; or, the property is no longer for
sale, rent or lease.
A sign advertising that a property has been sold or leased shall not
be displayed for more than 30 days after it is erected.
Construction signs. All supports for such signs shall be securely
built, constructed, and erected and shall be located on the site under
construction and no closer than !5 10 feet from any property line,
and subject to the following:
One ground sign with a maximum height of 10 feet or wall sign, with
a maximum of 12 square feet, may be used as a construction sign
by the general contractor of the development or as a permit board,
within each front yard for each parcel less than one acre in size. (No
building permit required.)
One ground sign with a maximum height of 10 feet or wall sign, with
a maximum of 32 square feet in size, may be used as a construction
sign by the general contractor of the development or as a perry..!t _
9
DE; 1 5
2.5.5.2.5.
2.5.5.2.5.1.
board, within each front yard for each parcel one to ten acre in size.
(No building permit required.)
One f~)le ground sign with a maximum height of 15 10 feet or wall
sign, with a maximum of 64 square feet in size, may be used as a
construction sign by the general contractor of the development or as
a permit board, within each front yard for each parcel in excess of 10
acres in size.
One ground or wall sign, with a maximum of 4 square feet in size,
may be used as a construction sign by each contractor, lending
institution, or other similar company involved with the development,
regardless of parcel size. (NP-R No building permit reauired)
All construction signs must be removed prior to the issuance of
certificate of occupancy.
On-premise signs. On-premise pclc c!gnc, '-~,...,,_~ ~,~,,.,,-'~'"'--' monument
signs, projecting signs, wall signs, and mansard signs shall be
allowed in all nonresidentially zoned districts subject to the
restrictions below:
Monument taele signs. Single-occupancy parcels, shopping centers,
of'rice complexes, business parks, or industrial parks having frontage
of 150 feet or more on a public street, or combined public street
frontage of 220 linear feet or more for corner lots, shall be permitted
one monumel3t,...,.."'-"--'-~, +,...,. ......... ~, v_,,~'~ sign6. Additional monument pete
or grcund signs may be permitted provided that there is a minimum
of a !,000 500-foot separation between such signs, and all setback
requirements are met. In no case shall the number of
monument signs exceed two per street frontage. !n add!t!cn,
.... ~ .... ~' '~; ...... '~'~ '"" """' '"*";"'~,,r."'a"~: "'""*""""""'
--~ ............ -,- '""* ....... .. ~,~ ..... =,~.. ,-...........' .... ~"" fiaCr :C,' _", _.,_""'~ ~!ght ''~..,
~* ~*~;~ ..... ' .... * .... * The monument sian shall contain
the name of the shopping center, office comDlex, business park or
industrial park and may contain a maximum of five (5) tenant names.
Maximum allowable sign area: !OO 80 square feet for SJ.g/3.,%lg.r,,~
along arterial roads and 60 so. uare feet for signs located on all other
10
Setbacks: ~ same as the overall height of the sign with a minimum
of 10 feet from all ~m~ property line~, public or private right-of-way,
or easement, unless otherwise noted below or as provided for in
section 2.1.13., '-"~ '""*~' *~' ...... ,i,.,,, ,,~ dlrcctcr/~'; ...... ~;"~' ....
The minimvm 15 fcot setback requirement may be administratively
reduced by a maximum of ten feet by the planning services director
upon submission of the administrative variance fee and a written
request. However in no case the reo. uired setback shall be reduced
to_less than 5 feet. The planning services director's decision to
reduce the required !5 fcot setback shall be based on the following:
a)
Where it can be demonstrated that within the adjacent right-
of-way the area between the property line and the edge of
pavement is excessively wide and that the actual paved area
is unlikely to be widened to the extent that reduction in the
required setback will result in the sign being any closer than
30 feet to the edge of pavement;
b)
Where due to the existing site conditions and improvements,
it can be demonstrated that adherence to the required
minimum reauired !5 fcct setback will have a deleterious
effect on the safety of users of the site from the perspective of
vehicular parking and vehicular and pedestrian ingress and
egress;
c)
Where due to the nature and location of existing landscape
features and/or specimen trees, it would be prudent to allow
for a reduction in the required setback so as to most
appropriately locate the sign structure; or,
d)
The extent of the reduction is the minimum amount necessary
to provide relief from the applicable conditions cited above.
11
DEC 1 5 1999
....
2.5.5.2.5.2.
2.5.5.2.5.3.
The maximum size limitation shall apply to each structure.
Monument ,oe~e-e~reu,~ signs may be placed back to back, side
by side, or in V-type construction with not more than one display on
each facing for a maximum of two display areas for each V-type
sign, and such sign structure shall be considered as one sign.
Spot or floodlights shall be permitted only where such spot or
floodlight is non-revolving and said light shines only on the owner's
premises or signs and away from any right-of-way.
Wall, mansard, canopy or awning signs. One wall, mansard, canopy
or awning sign shall be permitted for each single-occupancy parcel,
or for each establishment in a multiple-occupancy parcel, end units
within shopping centers, or single occupancy parcels where there is
double frontage on a public right-of-way, shall be allowed two signs,
but such signs shall not be placed on one wall. In addition,
outparcels within shopping centers may by allowed one additional
sixty square feet wall sign facing the shopping center if the additional
sign is not odented towards any public right-of-way. In no case the
number of wall signs for an outparcel can exceed 2 signs. Retail
businesses with a floor area of larger than 15,000 square feet and a
front wall length of more than 200 linear feet, are allowed three wall
signs; however, the combined area of those signs shall not exceed
the maximum allowable display area for signs by this code.
The maximum allowable display area for signs shall not be more
than 1,5 20 percent of the total square footage of the visual facade of
the building to which the sign will be attached and shall not, in any
case, exceed 150 250 square feet in area for any sign.
Projecting signs. Projecting signs may be substituted for wall or
mansard signs provided that the display area of the projecting sign
shall not exceed 60 square feet of display area.
Projecting signs shall not project more than four feet from the
building wall to which it is attached.
12
AGENDA
DEC 15 1999
Pg.~
Projecting signs shall not extend above the roofline of the
building to which it is attached.
3. Projecting signs shall not project into the public right-of-way.
Projecting signs
be elevated to a
pedestrian Way.
which project over any pedestrian way shall
minimum height of eight feet above such
2.5.5.2.5.4.
Under-canopy signs. In addition to any other sign allowed by this
code, one under-canopy sign shall be allowed for each
establishment in a shopping center. This sign shall not exceed six
square feet in area and shall be a minimum of eight feet above
finished grade. Under canopy signs do not require a building
permit unless the sign is equipped with an electrical component.
2.5.5.2.5.5. Signage for automobile service stations:
The followings are the only signs allowed in automobile services stations and
convenience stores with gas pumps.
(a)
Window--,u'c:inns ,.,,,k,
........ ~ .......... as allowed in Section 2.5.6.13 of this Code.
(b)
An illuminated corporate logo with a maximum area of twelve (12)
square feet shall be allowed on a canopy face which is adjacent to a
dedicated street or highway. Otherwise, accent lighting, cr, d back
lighting and accent striding ~re ~, prohibited on canopy structures.
(c)
o,.,,e ..i ......... k:~,,..a h,- ........ ,', One (1) ground sign shall be
permitted for each site and shall be placed within a 200 square foot
landscaped area. Height is limited so that the top edge of the sign
face is less than eight (8) feet above grade. Maximum permitted
area 70 60 square feet.
(d) !!!um!r.=ted -.. Signage, Iogos, advertising and information is
prohibited above gas pumps.
(e) Wall sions: as allowed in Section 2.5.5.2.5.2. of this Code.
(fi_ Directional signs: as allowed in Section 2.5.6.2. of this Code.
13
AGENDA ITEM
DEC 1 5 1999
Pl.~
2.5.5.2.5.6.
Signs within planned unit developments (PUDs). Pursuant to the
purpose and intent of this division, creative, flexible and uniform
comprehensive sign plans providing for size, location, type, and
common architectural design standards, are encouraged within all
PUD zoning districts, and specifically required for PUDs containing in
a commercial component. Sign classes and sizes for planned unit
developments should be the same as the standards found within this
code for the zoning district the development most closely resembles,
unless such planned unit developments have comprehensive sign
standards contained in the PUD document.
2.5.5.2.5.7. Flags. Residential properties that have been issued a certificate of
occupancy may display up to three non-commercial flags. Three
non-commercial flags may be displayed at the entrance of a
commercial, office, industrial or residential development. Where
these developments have multiple entrances, any entrance may
have up to three flags each, provided: the development is at least
ten acres in size, any entrance with flags is providing ingress/egress
only off a roadway that is designated a collector or arterial in the
traffic element of the growth management plan, and all entrances
with flags are at least 300 feet apart. Four additional flags may be
displayed within a development provided the flags are not visible to
motorists along any frontage roadways. The four internally displayed
flags may be increased by up to eight additional flags for maximum
total of 12 flags with the amount of the proposed increase to be
determined by the planning services director, provided: all proposed
flags would not be visible to motorists along any frontage roadways
and the planning services director determines that the display of the
extra flags is essential to the theme and design of the development.
All flagpoles with a height in excess of 15 feet above finish grade or
that extend more than ten feet from any building that they are
attached to shall be subject to the building permit process. As a
condition of permitting, the flagpole foundation or attachment shall
be designed by a Flodda registered engineer on a signed and
sealed drawing showing construction details and maximum flag area
that is supportable. Certified designing and sealing shall not be
required where flagpoles are located at a distance exceeding their
height plus five feet from all structures (except those designed solely
for storage), property boundaries, utility lines and poles, and
pedestrian/vehicular accessways and roadways open to the general
public or the residents of that community.
AGENDA ,,
DEC 1 5 1999
14
On single-family or duplex lots flagpoles shall not exceed 30 feet in
height above finished grade. For all other residential zoned parcels,
flagpoles shall not exceed 35 feet in height from the finished grade
or extend more than 20 feet from any building to which they are
attached. In the estates, agricultural or conservation districts
flagpoles shall not exceed 35 feet in height above finished grade. In
all other zoning districts, flagpoles shall not exceed 50 feet in height
from the finished grade, nor extend more than 20 feet from any
building to which they are attached, nor shall the width of the flag
exceed 30 percent of the length of the pole to which it is attached.
o
All flags in all zoning districts shall have a minimum of 5 foot setback
from all property lines.
2.5.5.2.5.8. Temporary signs. The erection of any temporary sign shall require
permitting as established within section 2.6.33 unless otherwise
indicated herein. Applicants for temporary sign permits shall pay the
minimum fee established for said permit. Temporary signs shall be
allowed subject to the restrictions imposed by this section and other
relevant parts of this code.
2.5.5.2.5.8.1. Political signs. Political campaign signs and posters shall be
permitted subject to the following requirements:
Prior to the erection, installing, placing, or displaying of a political
sign a bulk temporary permit shall be obtained. The permit number
shall appear on every sign or on the pole supporting the sign. The
fee for said bulk permit shall be as adopted by resolution by the
board of county commissioners.
Political campaign signs or posters within residentially zoned or used
property shall not exceed four square feet in size, and shall not be
located closer than five feet to any property line. Political signs
placed within residential districts shall require written permission
from the property owner.
Political campaign signs or posters will be permitted in all other
zoning districts within a maximum copy area of 40 square feet per
sign, and shall be located no closer than -1-6 10 feet to any property
line. The number of such signs shall be limited to two signs for each
lot or parcel per bulk permit issued for each candidate or issue.
o
All supports shall be securely built, constructed and erected to
conform with the requirements of this code.
15
AGC. NDA ~TE.M
DE(; 15 1999
The maximum height of any political campaign sign or poster, except
those that may be affixed to a wail, shall be limited to eight feet.
Political signs shall be erected not more than 60 calendar days prior
to an election or political event, and shall be removed within seven
calendar days after the election, event, or after the campaign issue
has been decided.
2.5.5.2.5.8.2.
Grand opening signs. An occupant may display an on-site grand
opening sign not exceeding 32 square feet. The banner sign shall be
anchored and may be displayed on-site for a period not exceeding
14 days within the first three months that the occupant is open for
business.
2.5.5.2.5.8.3.
Special events signs. A special events sign not exceeding 32 square
feet in size may be displayed to announce or advertise such
temporary uses as fairs, carnivals, circuses, revivals, sporting
events, or any public, charitable, educational event. Such sign shall
be located no closer than -1-6 10 feet to any property line. Such signs
shall require a building permit.
2.5.5.2.9.
Special purpose signs (on-site). Due to the unique and vaded nature of
the following uses, additional signs may be required to provide the
desired level of service to the public. Special purpose signs shall be
permitted as follows:
2.5.5.2.5.9.1. Time and temperature signs. One time and temperature sign having
a surface area not exceeding 12 square feet shall be permitted at
each industrial, commercial or other non-residentially zoned
property. Such signs may be affixed to the structure of a ~
......~,v....~'~ monumeqt sign. Such sign shall require a building permit.
2.5.5.2.5.10.
Commercial, business park and industrial directional or identification
signs. Directional or identification signs no greater than six square
feet in size and four feet in height, and located internal to the
subdivision or development and with a minimum setback of 10 -1.6
feet, may be allowed subject to the approval of the community
development and environmental services administrator, or his
designee. Such sign shall only be used to identify the location or
direction of approved uses such as sales centers, information
centers, or the individual components of the development, directional
or identification signs maintaining a common architectural theme
maybe combined into a single sign not to exceed six feet in hei.qht.
AGEN~
16 r',"-"",.,~ ~
and 64 square feet in area. Such signs shall require a building
permit. For signage to be located along the Golden Gate Parkway,
see division 2.2, sections 2.2.21.1 and 2.2.21.6.2 and the Golden
Gate Master Plan. Logos on all directional signs shall not exceed 20
percent of the sign area. Logos shall not occupy more than 20
percent of the directional sign area when the said sign is more than
six sa. uare feet in area. Directional signs are also sub!ect to
restrictions of Section 2.5.6.2. of this Code.
2.5.5.2.5.11.
On-premise signs within agricultural districts in the rural agricultural
area designated on the Future Land Use MaD. 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:
2.5.5.2.5.11.1. One pole or ground sign identifying the farm organization, located
at the entrance or gate of each street frontage, and only for
permitted agricultural uses. The maximum allowable sign area for
each pole or ground sign shall not exceed 100 square feet with a
maximum height not exceeding 20 feet, and shall be located a
minimum of 15 feet from any property lines, public or private right-of-
way or easement.
2.5.5.2.5,11.1.1. On premise signs within agricultural district in the urban are~
shall comply with the requirements of Section 2.5.5.3.2. of the Land
Development Code,
2.5.5.2.5.11.2. Seasonal farm signs (on-site). One temporary ~ ground sign
with a maximum height of 10 feet. and shall be located a minimum
of 10 feet from any property tine. Dublic or private right-of-way or
easement, identifying the farm, farm organization, entrance, or gate
not exceeding 40 square feet in area. This sign shall be used to
identify temporary agricultural offices so as to expedite the
exportation of crops to vadous parts of the county. Such signs shall
be permitted for a period not to exceed 30 days and may be issued
only twice in any calendar year. Such signs shall require a building
permit.
2.5.5.2.5.11
.3. U-Pic signs. One U-Pic sign located at the entrance on each
street frontage. The maximum allowable sign area for each U-Pic
sign shall not exceed 32 square feet in area and a maximum height
1~, and shall be located a minimum of-1-6 10 feet from any
property line, public or private right-of-way or easement.
AGENDA ITEM
17
DEC 1 5 1999
2.5.5.2.5.11.4. Wall, mansard canop/ or awning signs within agricultural districts.
Wall, mansard, canopy or awning signs shall be permitted within
agriculturally zoned or used property, for agri-commercial uses
defined within the Collier County zoning ordinance only, and subject
to the following restrictions:
One wall or mansard, canopy or awning sign shall be permitted for
each principal use structure on the parcel. Corner parcels or double-
frontage parcels shall be allowed one sign per street frontage, but
such signs shall not be combined for the purpose of placing the
combined area on one wall. The maximum allowable display area for
any sign shall not be more than 15 2-~ percent of the total square
footage of the wall to which it is affixed, and shall not in any case
exceed 150 250 square feet in area per sign.
2.5.5.2.5.12.
Off-premises directional signs. Off-premises directional signs are
permitted subject to review and approval of the design and location
of such signs by the community development and environmental
services administrator, or his designee, if the following retirements
are met:
Off-premises directional signs shall only be permitted in
nonresidentially zoned, or agricultural districts.
No more than two one sided or one double sided off-premise
directional signs shall be permitted, identifying the location and
nature of a building, structure, or use which is not visible from the
arterial roadway serving such building, structure, or uses, provided:
1. Each sign is not more than 12 square feet in area.
The sign is not more than eight feet in height above the
lowest center grade of the arterial roadway.
The sign is located no closer than -1~ 10 feet to any property
line.
The applicant must submit with the permit application
notarized, written permission from the property owner where
the off-site sign is located.
The sign shall only be located within 1,000 feet of the
intersection of the artedal roadway serving the building,
structure, or use.
18
DEC
1 5 1999
Off-premises directional signs shall not be located closer than
50 feet from a residentially zoned district.
Off-premises directional signs shall not be located closer than
100 feet from another off-premises directional sign.
2.5.5.2.5.13. illuminatechsigns. All illuminated signs shall have electrical
components, connections, and installations that conform to the
National Electrical Code, and all other applicable federal, state, and
local codes and regulations. Further, lighted signs shall: be shielded
in such a manner as to produce no glare, hazard or nuisance to
motorists or occupants of adjacent properties; not be reflective or
phosphorescent; have a steady nonfluctuating or nonundulating
light source.
Sec. 2.5.6. Signs exempt from permitting.
In addition to those signs identified elsewhere in this code, the following signs are
exempt from the permit requirements of this code, and shall be permitted in all
districts subject to the limitations set forth below:
2.5.6.1.
Signs required to be maintained or posted by law or govemmental
order, rule, or regulation.
2.5.6.2.
On-premises directional signs, not exceeding six square feet in area
and four feet in height, intended to facilitate the movement of
pedestrians and vehicles within the site upon which such signs are
posted. 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. Directional signs are also sub!ect to restrictions of Section
2.5.5.2.5.10. of this Code.
2.5.6.3.
One identification sign, professional nameplate, or occupational sign
for each professional office, or business establishment not to exceed
two square feet in sign area and placed flush against a building face
or mailbox side, and denoting only the name of the occupant and, at
the occupant's election, the occupant's profession or specialty and/or
the street address of the premise.
2.5.6.4.
Memodal plaques, cornerstones, historical tablets, and similar types of
commemorative signs when cut into any masonry surface or when
constructed of bronze or other noncombustible materials. AGF. h~A ~TF.J~ ~
NO. <~- ..
19 DEC 15 1999
..
2.5.6.5.
2.5.6.6.
2.5,6.7.
2.5.6.8.
2.5.6.9.
2.5.6.10.
2.5.6.11.
2.5.6.12.
2.5.6.13.
2.5.6.14.
2.5.6.15.
"No Trespassing," "No Dumping," or other prohibitory or safety type
signs, provided each sign does not exceed three square feet in size.
One ground or wall "For Sale," "For Rent," or similar sign per street
frontage for each parcel, or lot less than ten acres in size.
One on-premises sign for model homes, approved in cohjunction with
a temporary use permit in any zoning district.
One on-premises open house sign not to exceed four square feet in
size. Such sign shall not be located within ~ lQ feet of any property
line, right-of-way or access easement.
Bulletin boards and identification signs for public, charitable,
educational or religious institutions located on the premises of said
institutions and not exceeding 12 square feet in size.
Signs located on fences or walls surrounding athletic fields, or within
sports arenas, stadiums and the like, not to exceed 32 square feet in
size, per sign. Signs shall be oriented along the fence or wall to face
the field(s) or playing area, and away from any adjacent public or
private roads.
Traffic control and safety signs or other municipal, county, state or
federal signs, legal notices, railroad crossing signs, danger signs and
such temporary emergency signs when erected by an appropriate
authority.
Window merchandise displays which are changed on a regular basis,
meaning no less frequently than every 30 days.
Window signs not exceeding 25 percent of each window area.
Signs located at the entrance drive of residences located upon 2.25-
acre lots or greater, displaying the name and address of the resident
and not exceeding four square feet in area.
Flags, or insignias of governmental, religious, charitable, fraternal or
other nonprofit organizations when displayed on property owned by or
leased to said organization. Non-commercial flags that will be flown on
a flagpole that does not exceed 15 feet in height above finish grade or
extend more than ten feet from any building they are attached to, are
allowable if the number of flags displayed does not exceed thos.~, ~,.,E~A rrrr. Ja ~
20
~:-~, 1 5 1999
described in, 9ction 2.5.5.2.3.8 and the flagpoles do not require a
certified design or be sealed by a Flodda registered engineer as
described in section 2.5.5.2.3.8.
2.5.6.16.
2.5.6.17.
Advertising and identifying signs located on taxicabs, buses, trailers,
trucks, or vehicle bumpers, provided such sign does not violate
section 2.5.7 of this code.
Religious displays that do not constitute advertising.
2.5.6.18.
Painting, repainting or cleaning without modifying the existing sign
CODy or design of an advertising structure, or changes which are
determined by the Planning Services Director to be less than a
substantial improvement.
2.5.6.19.
Copy changes for shopping center, theaters, billboards or marquees
that have routine changes of copy, or are specifically designed for
changes of copy.
2.5.6.20.
One ground or wall sign may be used as a construction sign by the
general contractor of the development, within each front yard for each
parcel less than ten acre in size
2.5.6.21.
Temporary signs in conjunction with an approved temporary use
permit.
Sec. 2.5.7. Prohibited signs.
It shall be unlawful to erect, cause to be erected, maintain or cause to be
maintained, any sign not expressly authorized by, or exempted from this code.
The following signs are expressly prohibited:
2.5.7.1.
Signs which are in violation of the building code or electrical code
adopted by Collier County.
2.5.7.2.
Abandoned signs.
2.5.7.3. Animated or activated signs, except time and temperature signs.
2.5.7.4.
Flashing signs or electronic reader boards.
2.5.7.5.
Rotating signs or displays.
21
AG~A ITEI~
No. -~
DEC 1 5 1999
2.5.7.6.
2.5.7.7.
2.5.7.8.
2.5.7.9.
2.5.7.10.
2.5.7.11.
2.5.7.12.
2.5.7.13.
2.5.7.14.
2.5.7.15.
2.5.7.16.
Illuminated signs in any residentially zoned or used district, except
residential identification signs, residential nameplates, and street
signs that are illuminated by soft or muted light. Nonresidential uses
within residentially used or zoned districts by conditional use, PUD
ordinance, or as otherwise provided for within the zoning ordinance,
shall be allowed the use of illuminated signs, subject to the approval
of the community services administrator or his designee.
Signs located upon, within, or otherwise encroaching upon county or
public rights-of-way, except as may be permitted under the
provisions of Ordinance [No.] 82-91, as amended, and those erected
by a governmental agency or required to be erected by a
governmental agency.
Billboards.
Stdp lighted signs.
Neon type signs except non-exposed neon signs covered with an
opaaue or translucent shield which will prevent radiation of direct
light within all commercial and industrial districts.
Roof signs.
Portable signs.
Signs which resemble any official sign or marker erected by any
governmental agency, or which by reason of position, shade or
color, would conflict with the proper function of any traffic sign or
signal, or be of a size, location, movement, content, color, or
illumination which may be reasonably confused with or construed as,
or conceal, a traffic control device.
Signs, commonly referred to as snipe signs, made of any matedal
whatsoever and attached in any way to a utility pole, tree, fence
post, stake, stick or any other object located or situated on public or
pdvate property, except as otherwise expressly allowed by, or
exempted from this code.
Wind signs (except where permitted as part of section 2.5.5 and
2.5.6 of this code).
Any sign which is located adjacent to a county right-of-way within the
unincorporated areas of the county which sign was erected,
22
DF_C 1 5 1999
2.5.7.17.
2.5.7.17.1.
2.5.7.17.2.
2.5.7.18.
2.5.7.19.
2.5.7.20.
2.5.7.21.
2.5.7.22.
2.5.7.23.
2.5.7.24.
operated or maintained without the p,~rmit required by section 2.5.12
having been issued by the community development services
administrator or his designee shall be removed as provided in
section 2.5.7. Such signs shall include but are not limited to
structural signs, freestanding signs, [and] signs attached or affixed to
structures or other objects.
Any descriptiOn or representation, in whatever form, of nudity, sexual
conduct, or sexual excitement, when it:
Is patently offensive to contemporary standards in the adult
community as a whole with respect to what is suitable sexual
material for minors; and
Taken as a whole, lacks serious literary, artistic, political, or scientific
value.
Any sign whlsh Beacon lights
Any sign which F= emits audible sound, vapor, smoke, or gaseous
matter.
Any sign which O obstructs, conceals, hides, or otherwise obscures
from view any official traffic or government sign, signal, or device.
Any sign which F= employs motion, has visible moving parts, or gives
the illusion of motion (excluding time and temperature signs).
Any sign whi(;h ,t is erected or maintained so as to obstruct any
firefighting equipment, window, door, or opening used as a means of
ingress or egress for fire escape purposes including any opening
required for proper light and ventilation.
Any sign which G constitutes a traffic hazard, or detriment to traffic
safety by reason of its size, location, movement, content, coloring, or
method of illumination, or by obstructing or distracting the vision of
drivers or pedestrians.
Signs mounted on a vehicle, be it the roof, hood, trunk, bed, and so
on, where said sign is intended to attract or may distract the
attention of motorists for the purpose of advertising a business,
product, service, or the like, whether or not said vehicle is parked, or
ddven, excluding emergency vehicles, taxi cabs, and delivery
vehicles, where a roof mounted sign does not exceed two square
23
199
2.5.7.25.
2.5.7.26.
2.5.7.27.
feet. This section shall not apply to magnetic type signs affixed to or
signs painted on a vehicle, provided said vehicle is used in the
course of operation of a business, and which are not otherwise
prohibited by this code. It shall be considered unlawful to Dark a
vehicle and/or trailer with signs painted, mounted or affixed, on site
or sites other than that at which the firm. product, or service
advertised on such signs is offered.
Uses flashing or revolving lights, or contains the words "Stop,"
"Look," "Danger," or any other words, phrase, symbol, or character
in such a manner as to interfere with, mislead, or confuse vehicular
traffic.
Any sign which advertises or publicizes an activity not conducted on
the premises upon which the sign is maintained, except as otherwise
provided for within this code.
No sign shall be placed or permitted as a principal use on any
property, in any zoning district except as follows: U-Pic signs,
political signs or signs approved by temporary permit pursuant to the
time limitations set forth herein.
2.5.7.28. inflatable signs.
2.5.7.29. Accent lighting as defined in this code.
Sec. 2.5.8. Termination of prohibited signs.
All signs expressly prohibited by section 2.5.7. and their supporting structures,
shall be removed within 30 days of notification that the sign is prohibited by the
Collier County Code Enforcement Director, or his designee, or, within 30 days of
the end of the amortization pedod contained in section 2.5.9. or, in the alternative,
shall be altered so that they no longer violate section 2.5.7. Billboards with an
original cost of $100.00 or more, and which have been legally permitted, shall be
treated as nonconforming signs and removed pursuant to section 2.5.9.3.
Sec. 2.5.9. Nonconforming signs.
Existing signs not expressly prohibited by this code and not conforming to its
provisions shall be regarded as nonconforming signs.
2.5.9.1.
The following signs, and sign structures shall be removed or made to
conform to this code within 90 days from the effective date thereof.
24
C:g 1 5
2.5.9.1.1.
2.5.9.1.2.
2.5.9.1.3.
2.5.9,1,4,
2.5,9,1.4.1.
2.5.9.2.
2.5.9.2.1.
2.5.9.2.2.
Signs made of paper, cloth or other nondurable materials.
Temporary signs.
Those signs described in sections 2.5.6.7, 2.5.6.13, 2.5.6.14,
2.5.6.17, and 2.5.6.18.
All non-conforming-on-premises signs, and sign structures having an
original cost or value of $100.00 or more may be maintained until
January. 1. 2005. at which date all non-conforming on-premises
signs and sign structures must be made to comply with the
requirements of this code or removed except as provided below;
Non-conforming on-premises signs that exceed the maximum height
or area limitation of this Code by ten (10) percent or less may be
considered to be a conforming sign and need not be removed or
altered, but if such signs are replaced or structurally altered they
~hall conform to all requirements of this Code.
Nonconforming off-premises signs. All nonconforming off-premises
signs, and sign structures having an original cost or value of $100.00
or more may be maintained for the longer of the following pedods:
Two years from the date upon which the sign became
nonconforming under this ordinance.
A period of three to seven years from the effective date of this
ordinance, according to the amortization table below.
Sign CostNalue
$100.00 to $1.000.00 3
$1,001.00 tO $3,000.00 4
$3,001.00 tO $10,000.00 5
Permitted Years from
Effective Date of
this Amendment
25
DEC 1 5 1999
More than $10,000.00
7
2.5.9.2.3.
Any owner of an off-premises sign who requests an amortization
period longer than two years shall, within one year from the date of
enactment of these regulations, register the sign with the code
enforcement director, or his designee. The following information
shall be provided at the time of registration; the cost or value,
whichever is greater, of the sign; the date of erection; or the cost or
value and date of the most recent renovation; a photograph of the
sign or signs and their supporting structure, not less than five inches
by seven inches in size; and a wdtten agreement to remove the sign
at or before the expiration of the amortization period applicable to
the sign. The off-premise sign owner's signature shall be witnessed
before a notary public on all requests for extended amortizations. A
registration fee of $50.00 shall be paid at the time of registration.
Sec. 2.5.10. Continuation of nonconforming signs.
Subject to the limitations imposed by section 2.5.9 of this code, a nonconforming
sign may be continued and may shall be maintained in good condition as required
by this code, but shall not be:
2.5.10.1.
Structurally or mechanically extended or altered to further the
nonconformity, except in cases where it has been determined that
there exists imminent danger to the public safety.
2.5.10.2.
Repaired or rebuilt when destroyed or damaged to the extent of 50
percent or more of its replacement value, except in conformity with
this code.
2.5.10.3.
A nonconforming permanent on-premises or off-premises sign shall
not be replaced by another nonconforming sign except that
substitution or interchange of letters, on nonconforming signs shall
be permitted through the pedod of nonconformity established by this
code.
2.5.10.4.
Continued in use when any land use to which the sign pertains has
ceased for a period of 90 consecutive days, or has otherwise
changed.
26
AGENDA ITEM
DEC 15 1999
2.5.10.5.
Nonconforming status shall not be afforded to any sign erected
without the required permit issued by the county, state, or any
federal agency either before or after the enactment of this code, or
to any pre-existing signs which have been illegally installed,
constructed, placed or maintained.
2.5.10.6.
in the case of sign which would be permitted by, and conform to, the
regulations of this code, except that such signs violate the maximum
height, minimum setback from a property line, maximum sign area
and other similar development standards, the planning services
director, or his designee, may approve structural alterations upon
written request, provided the sign and or supporting structure is
redesigned so as to remove one or more of the nonconforming
aspects of the sign.
Sec. 2.5.11. Variances.
The board of zoning appeals based upon the evidence given in public hearing;
and the findings of the planning commission should determine to the maximum
extent possible if the granting of the variance will diminish or otherwise have a
detrimental effect on the public interest, safety or welfare. ^ variance from the
terms of this zoning code may be granted based on the requirements of section
2.7.5. or where it can be demonstrated that a sign has significant historic or
community significance, and pursuant to the criteria and procedures set forth in
section 2.7.5 of this code. In granting any variance, the board of zoning appeals
may prescribe the following:
Appropriate conditions and safeguards in conformity with this code
or other applicable county ordinances. Violation of such conditions
and safeguards, when made a part of the terms under which the
variance is granted, shall be deemed a violation of this code.
A reasonable time limit within which the action for which the vadance
required shall be begun or completed or both.
Sec. 2.5.12. Permit applications.
2.5.12.1.
General. Any person wishing to erect, place, rebuild, reconstruct,
relocate, alter, or chance the sign copy (see section 2.5.5. for
exceptions) of any sign shall apply for and receive a building permit
in accordance with Resolution 91-642, pdor to the commencement
of any work. A building permit will be issued by the community
development services administrator, or his designee, provided that
all permit requirements of the code and all other applicable
27
ACtA ii~
DF_C 1 5 199!
2.5.12.2.
2.5.12.3.
2.5.12.4.
2.5.12.4.1.
2.5.12.4.2.
2.5.12.4.3.
2.5.12.4.4.
2.5.12.4.5.
2.5.12.4.6.
2.5.12.4.7.
pro,,'sions of Collier County's ordinances and regulations have been
met.
Permit fees. A building permit fee shall be collected pursuant to the
fee schedule set forth by resolution.
Form. Every application for a building permit shall be in writing upon
forms to be furnished by the community development and
environmental services administrator, or his designee.
Application contents. In order to obtain a permit to erect, place,
rebuild, reconstruct, relocate, alter or chance the sign copy of any
sign under the provision of this code, an applicant shall submit to the
building official a building permit application which shall set forth in
writing a complete description of the proposed sign including:
The name, address and telephone number of the: (a) owner and
lessee of the sign and (b) sign contractor or erector of the sign.
The legal description and the street address of the property upon
which the sign is to be erected.
The dimensions of the sign including height.
The copy to be placed on the face of the sign.
Other information required in the permit application forms provided
by the community development and environmental services
administrator, or his designee; including two copies of the site plan,
elevation drawings of the proposed sign and identification of the
type, height, area and location of all existing ,,,-~",.v... v,~,~i ......... .~, ~. ~_, ,_-~
........ ~ J.r~ signs on the subject parcel.
Two blueprints or ink drawings, certified by a Flodda registered
engineer or architect, of the plans and specifications and method of
construction and attachment to the building or the ground for all ~
monument signs and all projecting signs; and any ground sign over
32 square feet.
Wall signs, or any separate part thereof, which is to be affixed to a
wall shall be fastened flush with the surface with fasteners which
shall have the capacity to carry the full load of the sign or separate
part thereof under wind load conditions of the approved Collier
County Building Code Ordinance [Code § 22-106 et seq.], :lood
28
DEC 15 1999
2.5.12.4.8.
2.5.12.4.9.
2.5.12.5.
Ordinance [Code ch. 62. art. II], and the Coastal Building Zone
Ordinance [Code ch. 22, art. VIII]. Any such sign or separate part
thereof which is not mounted flush with the surface and which
weighs more than 20 pounds shall have a Florida registered
engineer design the mounting or fastening system and depict the
system on signed and sealed drawings which shall accompany the
permit application.
If the sign or sign copy is to be illuminated or electronically operated,
the technical means by which this is to be accomplished.
The permit number shall be displayed or affixed at the bottom of the
sign face and shall have the same life expectancy as the sign. Such
permit number shall be cleady legible to a person standing five feet
in front of the base of the sign and in no case shall the permit
number be less than one-half inch in size.
Expiration of permit. Building permits shall expire and become null
and void if the work authorized by such permit is not commenced
and inspected within six months from the date of issuance of the
permit.
2.5.5.2.1.2.
Sec. 2.5.13.
2.5.13.1.
2.5.13.1.1.
Adherence to the unified signage plan: Reo. uests for building permits
for permanent on-0remise signs shall adhere to the unified signag(=.
.Dian. which shall be kept on file in the commurlity development and
environmental services division. Reo. uests to permit a new sign. or to
relocate, replace or structurally alter an existing sign shall be
accompanied by a unified sign plan for th~ building or project the
sign is accessory_ to. Existing permitted signs may remain in place:
however, all future reo. uests for permits, whether for a new sign. or
relocation, alteration, or replacement of an existing sign. shall
adhere to the unified sign plan for the property_.
Enforcement.
General. No sign shall hereafter be erected, placed, altered or
moved unless in conformity with this code. All signs located within
Collier County shall comply with the following requirements:
The issuance of a sign permit pursuant to the requirements of this
code shall not permit the construction or maintenance of a sign or
structure in violation of an existing county, state or federal law or
regulation.
AGEI~A ITEM
29
DEC 1 5 19~'
2.5.13.1.2.
All signs for which a permit is required shall be subject to inspections
by the county,,-'~ncgcr ~[13:~3.[,~.t.Q~or his designee. The county
maP~3ejer-edministrator, or his designee, is hereby authorized to
enter upon any property or premises to ascertain whether the
provisions of this code are being adhered to. Such entrance shall be
made during business hours, unless an emergency exists. The
county ~administrator, or his designee, may order the
removal of any sign that is not in compliance with the provisions of
this code, is improperly maintained, or which would constitute a
hazard to the public health, safety, and welfare.
2.5.13.1.3.
The community development and environmental services
administrator, or his designee shall be charged with interpretation
and enforcement of this code.
2.5.13.2.
Enforcement procedures. Whenever, by the provisions of this code,
the performance of an act is required or the performance of an act is
prohibited, a failure to comply with such provisions shall constitute a
violation of this code.
2.5.13.2.1.
The owner, tenant, and/or occupant of any land or structure, or part
thereof, and an architect, builder, contractor agent, or other person
who knowingly participates in, assists, directs, creates or maintains
any situation that is contrary to the requirements of this code may be
held responsible for the violation and be subject to the penalties and
remedies provided herein.
2.5.13.2.2.
Where any sign or part thereof violates this code, the compliance
service manager or his designee, may institute any appropriate
action or proceedings to prevent, restrain, correct, or abate a
violation of this code, as provided by law, including prosecution
before the Collier County Code Enforcement Board against the
owner, agent, lessee, or other persons maintaining the sign, or
owner, or lessee of the land where the sign is located.
2.5.13.2.3.
If a sign is in such condition as to be in danger of falling, or is a
menace to the safety of persons or property, or found to be an
immediate and serious danger to the public because of its unsafe
condition, the provisions of section 2301.6 of the Standard Building
Code, as adopted by Collier County shall govem.
2.5.13.2.4.
Code enforcement shall immediately remove all violative signs
located in or upon public rights-of-way or public property.
30
AGENDA ITEM
DEC 1 5 1999
pg. ,.o/ ....
2.5.13.2.5.
Penalties. If any person, firm or corporation, whether public or
private, or other entity fails or refuses to obey or comply with or
violates any of the provisions of this code, such person, firm,
corporation, or other entity, upon conviction of such offense, shall
be guilty of a misdemeanor and shall be punished by a fine not to
exceed $500.00 or by imprisonment not to exceed 60 days in the
county jail, or both, in the discretion of the court. Each violation or
noncompliance shall be considered a separate and distinct offense.
Further, each day of continued violation or noncompliance shall be
considered as a separate offense.
Nothing herein contained shall prevent or restdct the county from taking such
other lawful action in any court of competent jurisdiction as is necessary to prevent
or remedy any violation or noncompliance. Such other lawful actions shall include,
but shall not be limited to, an equitable action for injunctive relief or an action at
law for damages.
Further, nothing in this section shall be construed to prohibit the county from
prosecuting any violation of this code by means of a code enforcement board
established pursuant to the subsidiary of F.S. ch. 162.
31
DEC 1 5 1999
ORIGIN: Communitv Development 8.: Environmental Service Division
AUTHOR: Michelle Edwards Arnold
DEPARTMENT: Code Enforcement
LDC PAGE: LDC2:176
LDCSECTION: 2.6.2. Accessory Buildings and Structures
CHANGE: Add new subsection 2.6.2.4. Canopy Tents/Shades
REASON: There have been numerous canopy tents / shades erected in the residential areas of
the unincorporated County triggering complaint phone calls to the Code Enforcement
Department. There is nothing in the Land Development Code hat addressed these type of
structures. Because of their popularity., we feel it essential that the placement, size and usage be
addressed to minimize impact on adjacent properties where these structures may be used.
FISCAL & OPERATIONAL IMPACTS:
requirement to obtain a building permits
Department.
The provision of these structures will include the
increasing the funds collected in the Building
RELATED CODES OR REGULATIONS: None.
2.6.2.4.
Canopy Tents / Shades. Canopy tents/shades shall be permitted in residential and
Estates zoned areas in accordance with the side and rear setbacks for the
applicable zoning district. These structures are expressly prohibited on the street
side of the front wall of any structure or building in a residential zoning district.
includine Estates zoning. A building permit shall be obtained for these structures
accompanied by a plot plan and is limited to one structure per residential lot with
a principal structure. These structures shall consist of metal poles supports with
canopy tops and no sides. The maximum size of these structures shall be 300
square feet, not to exceed 15 feet in height. The use of these structures shall be
for the storage/parking of recreational vehicles, vehicles authorized in residential
areas, and as a sun shade for outdoor recreating. At no time shall these structures
be used for any other storage or be permitted with electrical or other utility
connections.
2.6.2.4. LDC AMENDMENT/ME,admd
DEC 1 5 1999
Pg. ~
ORIGIN: CommuniW Development & Environmental Services
AUTHOR: Chahram Badamtchian. Ph.D.. AICP
DEPARTMENT: Planning Services
LDC PAGE: LDC: 176.2
LDC SECTION: 2.6.4.1.10.
CHANGE: To exclude singe family residences from the provisions of Section 2.6.4.1.10.
REASON: This is to close an existing loophole which allows single family homes to
build carports within the required setbacks.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
Amend Section 6:3 as follows:
2.6.4.1.10.
In commercial, industrial and multi-family residential developments,
carports which are open on all sides may encroach into the required yards
provided they do not encroach into the required landscape buffers, as
required by this Code: and furthermore, if the landscaping is deficient where
the carports are proposed, the landscaping must be upgraded to comply with
the LDC requirements to the greatest extent possible prior to the issuance of
a building permit for said carports. This shall be accomplished by a Site
Development Plan amendment or a Site Improvement Plan approval.
2.6.4. I. I 0.LDC/CB
A~A ITEM
t5 1999
ORIGIN: Communitv Development & Environmental Services
AUTHOR: CheD'l Soter. Planner I
DEPARTMENT: Planning Services
LDC PAGE: 2:176.3
LDC SECTION: 2.6.4.3. Minor improvements to legal nonconforming structures located
xvithin a residential zoning district.
CHANGE: Amend Section 2.6.4.3.1. which allows an administrative variance procedure for
minor improvements to structures considered legal nonconforming due to code changes in
required side and rear yards to include "front yards" as well.
REASON: The code should alloxv an administrative variance procedure for minor
improvements to legal nonconlbrming structures due to changes in the code regardless of
whether it is a front, side or rear yard.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
2.6.4.3. Minor improvements to legal noncon, tbrming structures located within a
residentia&oning district.
2.6.4.3.1.
Where a structure was lax~ffully permitted within a residential zoning district under a
previous code. and where said structure is considered nonconlbrming under the
current land development code due to changes in the required l¥ont, side or rear yards.
the site development review director may administratively approve a variance tbr an
amount equal to or less than the existing front, side and/or rear yard encroachment.
Canopies. windowsills or other projections as provided for within section 2.6.4.1 shall
not be used in the calculation of existing front, side and/or rear yard encroachments.
2.6.4.3.2. Procedure. The applicant shall follow the same procedures as provided within
section 2.6.4.2.2. except that in addition the applicant shall submit a detailed
conceptual site plan drawn to scale depicting all existing structures and the proposed
addition, as well as the distance between the property lines and the existing and
proposed structures. Additionally, the applicant shall provide proof that the
encroaching structure was legally constructed. Such proof shall include, at a
minimum, evidence that a building permit was issued for the encroaching structure,
or. where such evidence cannot be provided, documentation from the property
appraiser's office of the date the structure v-as placed on the tax rolls.
2.6.4.3. LDC AMENDMENT/CS/
DEC 1 5 1999
Pt .~
ORIGIN: Community Development & Environmental Ser¥ices
AUTHOR: Ross Gochenaur
DEPARTMENT: Planning Services
LDC PAGE: 2:189 - 2:192.1
LDC SECTION: 2.6.21 Dock facilities
CHANGE: 1) Standardize terminology relating to waterways and clarify measurement of
waterway width: 2) Reduce the period during which a decision of the planning commission
regarding a boat dock or boat house petition may be appealed from 30 days to 14 days; 3) Add
language describing methods of determining the location of riparian lines for all situations other
than end-of-waterwav lots: 4) add definition of "riparian line"
REASON: 1 ) References throughout the section to canals, waterways, and navigable channels
have caused some contusion as to which, or all. of these terms applies to a given situation. Since
canals are waterways, and navigable channels are located within waterways, the section has been
amended to use the term "waterway" throughout as a generic reference. Waterway width
measurements may be taken by various means. In some cases, this section specifically requires
measurement according to platted width, while in others it does not. This amendment would
specify that platted width, when available, would be used in all cases. 2) The 30-day waiting
period before the petitioner would be able to begin construction of the facility seems
unnecessarily restrictive, and a 14-day period would seem reasonable time in which to file an
appeal. 3) Section 2.6.21 currently contains language which describes in detail methods of
determining riparian lines, l¥om which dock facility setbacks are measured, but only for end-of-
canal/waterway lots. This language does not apply to any other situations, and the amendment
would correct this omission. 4) A narrow definition of "riparian line" would be deleted from
Section 2.6.21 and a more general definition would be added to Division 6.3.
FISCAL & OPERATIONAL IMPACTS: None.
RELATED CODES OR REGULATIONS: None.
Sec. 2.6.21.
2.6.21.1.
AGENDA ITEJ~
[lEi; 1§ 1999
Dock facilities.
Individual or multiple private docks, including mooring pilings, davits, lifts and
the like are permitted to serve the residents of a development on canal er
waterway lots, provided they do not protrude more than the respective distances
specified in sections 2.6.21.2, and 2.6.21.3. for such canal or waterway. Docks
and the like are primarily intended to adequately secure moored vessels and
provide safe access by users for routine maintenance and use while minimally
impacting the navigability of the waterway, the native marine habitat, manatees.
and the use and view of the waterway bv surrounding property owners. Permitted
dock thcilit3.' protrusions as well as extension of dock facilities are measured from
the property line. bulkhead line. shoreline, seawall, rip-rap line. or Mean High
Water line. whichever is more restrictive. On unbridged barrier islands, a boat
dock shall be considered a permitted principal use: however, a dock shall not. in
any way. constitute a use or structure which permits, requires, and/or provides for
any accessory uses and or structures. Boathouses and dock facilities proposed on
residentially zoned properties as defined in section 2.1.4 of this Code. shall be
considered an accessory, use or structure. Boathouses shall be required to be
approved through the procedure and criteria in section 2.6.21.3 and 2.6.21.4.
In addition, any covered structure erected on a private boat dock shall also be
considered an accessory, use. and shall also be required to be approved through the
procedures and criteria of section 2.6.21.3 and 2.6.21.4 of this code
2.6.21.2.
2.6.21.2.1.
2.6.21.2.4
9EC, 1 5 999
Dockfacili~., requirements and restrictions. The following criteria apply to dock
facilities and boathouses. Platted waterway width, where available, shall be
considered true waterway width for the purposes of this section.
For lots on a canal or waterwav that is 100 feet or greater in width, no boathouse.
dock facility/boat combination shall protrude more than 20 feet into the waterway
(i.e. the total protrusion of the dock facility, plus the total protrusion of the moored
vessel).
For lots on a ca-:a! er waterway that is less than 100 feet in width, dock facilities
may extend/protrude not greater than five feet into said ca-:a! er waterway. No
dock extension shall be granted to allow a dock facility/boat combination to
protrude more than 20 feet into the waterway and/or cause less than a minimum of
50 percent of the ~ width of the waterway between dock
structures/moored vessel(s) on the opposite side of the canal waterway to be
unobstructed, whichever is more restrictive.
For lots on a canal or waterway that is less than 70 feet in width, the dock facility
extension procedure identified in section 2.6.21.3 is not available (i.e., such lots
are limited to a five-foot dock facility).
All dock facilities on lots with water frontage of 60 feet or greater shall have side
setback requirement of 15 feet. except as provided in r, ec4o~ section 2.6.21.2.4.1
or-4,-6-.-.-.-.-.-.~ or as exempted below. All dock facilities (except boathouses) on lots
with less than 60 feet of water frontage shall have a side setback requirement of
7½ feet. All dock facilities (except boathouses) on lots at the end or side end of
a canal or waterway having regular (linear) water frontage shall have a side
setback requirement of 7 ½ feet as measured from the side lot line or riparian line
whichever is appropriate, r ........... c *1-.: ..... :~. .-~.~;.. 11--~ ol~.ll ~.
2
2.6.21.2.4.1.
2.6.21.2.5.
2.6.21.2.6.
2.6.21.2.7.
2.6.21.2.7.1.
2.6.21.2.7.2.
DEC 15 I999
Riparian lines lsee Division 6.3 Definitions, Riparian line) for lots at the end or
side end of a canal or waterway with a reo__ular shoreline are established bv a line
extendin~ from the comer of an end lot and side end lot into the canal or
waterway bisectin~ equidistantly the anele created bv the two intersecting lots
(..see Exhibit A). Riparian lines tbr all other lots should be established by
generally accepted methods, taking into consideration the configuration of the
shoreline, and altowim[ for the equitable a. pportionment of riparian rights. Such
methods include, but are not limited to. lines drawn perpendicular to the shoreline
for re~,ular (linear} shorelines, or lines drawn perpendicular to the centerline
{thread) of the waterwa.v, or perpendicular to the line of deep water {line of
navigability or edge of navigable channel), as appropriate, for irregular shorelines.
All dock facilities, regardless of length/protrusion, shall have reflectors and house
numbers tbur inches minimum size installed at the outermost end. on both sides.
For multifamilv developments, the house number requirement is waived.
All dock facilities are subject to. and shall comply with. all federal and state
requirements and permits, including bm [not] limited to the requirements and
permits of the Florida department of environmental protection, the U.S. Army
Corps of Engineers, and the U.S. Environmental Protection Agency.
Protection ofseagrass beds. Where new docking facilities are proposed or boat
dock extensions, the location and presence of seagrass or seagrass beds within 200
feet of any proposed dock facility shall be identified on an aerial photograph
having a scale of one inch to 200 feet when available from the county, or a scale
of one inch to 400 feet when such photographs are not available from the county.
The location of seagrass beds shall be verified by a site visit by the site
development review director or his designee prior to issuance of any project
approval or permit.
All proposed dock facilities shall be located and aligned to stay at least ten feet
from any existing seagrass beds, except where a continuous bed of seagrasses
exists off'the shore of the property and adjacent to the property, and to minimize
negative impacts to seagrasses and other native shoreline, emergent and
submerged vegetation and hard bottom communities.
Where a continuous bed of seagrasses exists off the shore of the property and
adjacent to the property the applicant shall be allowed to build a dock across the
seagrasses, or a docking facility within ten feet of seagrasses. Such docking
facilities shall comply with the following conditions:
1. The dock shall be at a height of at least 3.5 feet NGVD.
2. The terminal platform of the dock shall not exceed 160 square feet.
2.6.21.2.7.3.
2.6.21.3.1.
2.6.21.3.2.
2.6.21.3.3.
2.6.21.3.4.
AO~IDA ITEM
DEC 1 5 1999
3. The access dock shall not exceed a width of four feet.
4. The access dock and terminal platform shall be sited to impact the smallest
area of seagrasses possible.
The petitioner shall be required to demonstrate how negative impacts to
seagrasses and other native shoreline vegetation and hard bottom communities
have been minimized prior to any project approval or permit issuance.
Dockfacili~ extension: boathouse establishment criteria. Additional
length/protrusion beyond said respective distances specified in section 2.6.21.2.1
and 2.6.21.2.2 for dock facilities: and all boathouses, regardless of the extent of
the protrusion into the waterway or the width of the waterway, shall require public
notice and a hearing bv the Collier CounD' Planning Commission. As to any boat
dock extension petition upon which the planning commission takes action.
pursuant to section 5.2.11 of this Code. an aggrieved petitioner or adversely
affected property owner may appeal such final action to the board of zoning
appeals, except that such appeal shall be filed with the development services
director within 14 days of the date of the final action bv the planning commission.
The board of zoning appeals may affirm, affirm with conditions, reverse, or
reverse with conditions the action of the planning commission. Such appeal shall
be filed with the community development and environmental services commission
and shall be noticed for hearing with the board of zoning appeals pursuant to the
procedures and applicable fee set forth in section 1.6.6 of this Code. The planning
commission shall base its decision tbr approval, approval with conditions, or
denial, on the tbllowing criteria:
Whether or not the number of dock facilities or slips to be located on the subject
property, is appropriate in relation to the length of waterfront property available
tbr the location of the proposed dock facilities.
Whether or not the water depth where the proposed dock facility is to be located is
sufficient to allow for safe mooring of the vessel, thereby necessitating the
extension request.
Whether or not the proposed dock faciliD' and moored vessel(s) in combination
may have an adverse impact to navigation within an adjacent navigable channel.
Whether or not the proposed dock design and moored vessel protrude greater than
25 percent of the width of the m~4gqfl~qm~ waterway greater than 20 feet for
boathouses, and whether or not a minimum of 50 percent of the p!a~ed cv~na!
width of the waterway between dock structures/moored vessel(s) on the opposite
side of the c~a! waterway is maintained in order to ensure reasonable waterway
width fc, r navic, abilitv.
2.6.21.3.5.
2.6.21.3.7.
2.6.21.3.8.
2.6.21.3.9.
2.6.21.3.10.
2.6.21.3.11.
2.6.21.4.
2.6.21.4.1.
2.6.21.4.2.
2.6.21.4.3.
Whether or not there are special conditions related to the subject property or
waterway which justify the proposed dimensions and location of the subject dock.
Whether or not the proposed dock is of minimal dimensions necessary, in order to
adequately secure the moored vessel while providing reasonable access to the boat
for routine maintenance, without the use of excessive deck area.
Whether or not the proposed structure is of minimal dimensions to minimize the
impact of the view of the waterway by surrounding property, owners.
Whether or not the proposed vessel is in excess of 50 percent of the length of the
water frontage such that the addition of a dock structure will increase the impact
on or negatively impact the view of the waterway by surrounding property
owners.
Whether or not the proposed location and design of the dock/vessel combination
is such that is may infringe upon the use of neighboring properties, including any
existing dock structures.
Regarding existing benthic organisms in the vicinity of the proposed extension.
(a) Whether or not seagrasses are located within 200 feet of the proposed
dock; and
(b) Whether or not the proposed dock is subject to the manatee protection
requirements of this Code (section 2.6.22).
If deemed necessary based upon review of the above criteria, the planning
commission may impose such conditions upon the approval of an extension
request it deems as necessarv to accomplish the purposes of this code and protect
the safety and welfare of the public. Such conditions mav include, but shall not be
limited to, greater side setback(s), provision of light(s), additional reflectors, or
reflectors larger than four inches, and prohibiting or permitting mooring on the
outside of the dock facility.
Boathouse requirements: In addition to the criteria in section 2.6.21.3, the
following criteria shall apply to boathouses:
Minimum side setback requirement: 15 feet.
Maximum protrusion into waterway: 25 percent of canal waterway width or 20
feet, whichever is less.
Maximum height: 15 feet as measured from top of seawall or bank whichever is
more restrictive. - ~...~ rtr~
GCC 1 5 1999
L. ""- Ye_
2.6.21.4.4. Maximum number of boathouses per site: One.
2.6.21.4.5. All boathouse structures shall be completely open on all four sides.
2.6.21.4.6.
Roofing material and roof color shall be the same as materials and colors used on
the principal structure or may be of a palm l¥ond "chickee" style.
(Ord. No. 92-73. § 2: Ord. No. 93-37. § 3' Ord. No. 94-58. § 3, 10-21-94: Ord. No. 95-58, § 3,
11-D95: Ord. No. 96-21. § 3; Ord. No. 97,26: § 3.D. 6-4-97)
Code references--Coastal zone protection. § 22-286 et seq.; waterways, ch. 146.
2.6.2 I. LDC AMENDMENT/RG/md
I~io.
DEC 15 1999
Pg.
ORIGIN: Community Development & Environmental Services
AUTHOR: Ross Gochenaur. Planner II
DEPARTMENT: Planning Services
LDC PAGE: 2:208 - 2:209
LDC SECTION: 2.6.33. Temporary use permits
CHANGE: Revise Section 2.6.33.4. (Model homes and model sales centers) to l) prohibit the
issuance of permits for dwelling units in multi-family developments prior to final plat
recordation and project SDP approval, and 2) limit the number of permitted models prior to final
plat recordation to a maximum of 5 per plat or 10 percent of the total number of planed lots.
~vhichever is lesser.
REASON: 1) Since the Code requires a certificate of occupancy for the entire multi-family
structure, no single unit could be approved for use as a model prior to issuance of the c/o. 2) The
current code allows 5 models per approved development but does not define "development."
This amendment would correct the omission by specifying a platted development. The
percentage limitation would preclude obtaining an unreasonable number of models by platting
developments with a small number of lots.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
Sec. 2.6.33. Temporary use permits.
2.6.33.1.
Purpose and intent. Based upon the nature of some uses. their impact on adjacent
uses. their compatibility with surrounding properties, and the length of time a use
is intended to function, there is an identified need to allow certain temporary uses
within a development site, and to provide for other types of temporary uses such
as special events, sales and promotions. It is the intent of this section to classify
temporary uses and to provide for their permitting.
2.6.33
AGEI~A ITEM
DEC 15 1999
General. The site development review director, or his designee, may grant a
temporary use permit for requests that demonstrate compliance with the intent of
section 2.6.33. 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. All requests for a temporary use permit shall submit a conceptual or
site development plan (SDP) as provided for within this section. The appropriate
required plan and temporary use permit application shall be submitted and
approved prior to the submission of a building permit application and shall
3.
demonstrate, where applicable, that provisions will be made to adequately address
all of the following:
I. Traffic circulation and safety within the site as tbllows:
All parking spaces shall be arranged in a manner for convenient
and sate access for vehicles and pedestrians without causing
vehicles to back out into a right-of-way. No parking spaces shall be
arranged to cause vehicles to be moved in order for other vehicles
to enter/exit a site.
Minimum parking requirements for the temporary, use as defined within
Div. '~ '
,..~. Off-street parking and loading as follows:
ao
Four parking spaces for the first model unit and one and one-half
spaces for each additional model unit (for dimensions see section
2.3.4.12).
One parking space for disabled persons per parking lot shall be
provided (included as part of required parking) along with an
access aisle and barrier-free access to the unit (for dimensions see
section 2.3.20.3),
Co
All parking spaces shall be constructed of a concrete, asphalt, or
other dustless material as may be approved by the site development
review director (driveways and handicapped spaces shall be
paved).
Screening, buffering, and landscaping of the temporary, use to reduce
potential impacts on adjacent properties as required in section 2.4.4 and
approval bv the site development review director as follows:
ao
One tree per 30 linear feet around the perimeter of the parking and
driveway areas.
bo
Double hedge between the right-of-way and the parking area:
single hedge to screen off perimeter of drive and parking areas.
Co
Pavement setback a minimum of ten feet from right-of-way line;
( 15 feet tbr right-of-way 1 O0 feet or greater in width); ten feet from
side property, lines (unless otherwise authorized by the site
development review director);
Lighting;
Sanitary. facilities:
DEC 1 5 1999
AGENDA
DEC 1 5 1999
6. Fire protection:
7. Environmental impacts:
8. Stormwater management:
9. Any other requirements determined to be necessary tbr the public health
and salietv.
Temporao' construction and development permits. During the construction of any
development ~br which at least a preliminary, development order has been granted.
as required below, the developer may request a temporal, use permit for the
below-listed activities. The temporary, use permit shall be granted initially for a
period not to exceed 24 months in leno_th and may be renewed annually based
upon demonstration of need. A request for renewal shall be submitted to the site
development review director in writinz 30 days prior to the expiration of the
temporar3' use permit. Temporaw construction and development permits shall be
allo,a'ed tbr the lbllowing uses:
1. Temporary. offices to be used for construction, and administrative
functions within the development.
Temporary. administrative offices to be used in conjunction with a bon
fide agricultural use in the Agricultural zoning district when located in the
area designated agricultural on the future land use map of the Future Land
Use Element of the Collier County Growth Management Plan.
On-site storage of equipment and construction materials for use on the
development site onlv.
On-site mobile home used as a temporary, office or storage facility tbr
persons engaged in the development of the site.
5. On-site mobile radio and television equipment and antennae.
6. On-site mobile home for the use of a watchman or caretaker only.
On-site temporary, use of structures and equipment for the building of
roads, public utilities, and government projects.
Off-site temporary, parking on property which is located contiguous to the
subject development, or would be contiguous except for a roadway that is
not designated as a collector or arterial in the traffic circulation element of
the growth management plan. xvith the xvritten authorization of ti'
property owner.
DEC 1 5 lg99
Other on-site uses similar to the foregoing uses and determined to meet the
intent of section 2.6.33.2.
Proposed temporary, structures identified above require the submissiOn of a
conceptual site plan which addresses the requirements of section 2.6.33.2.
Model homes and model sales centers.
Model homes and model sales centers shall be of a temporary nature-and may be
allowed in any residential zoning district or residential component of a PUD.. in
the Estates zoning district, and in the Agricultural zoning district as part of a rural
subdivision, by the issuance of a temporary, use permit; however, a model center
as a permitted use within a PUD. and not located within a dwelling unit. shall not
require a temporary, use permit. Model homes and model sales centers are
intended to facilitate the sale of the model design, or of products similar in design
to the model. Model homes and model sales centers located within residential
zoning districts, or within a residential component of a PUD shall be restricted to
the promotion of a product or products permitted within the residential zoning
district or PUD in which the model home or model sales center is located and
further subject to the following:
Model homes shall only be permitted for dwellings which have not been
previously used as a residence.
A model home or model sales center is not intended to allow the full scope
of real estate activities and shall be restricted primarily to the sale and
marketing of the model, or products similar to the model. A model home
shall not include offices for builders, contractors, developers, or similar
activities.
o
Model homes may be "xvet" or "dry.." Model homes permitted as "dry"
models (unoccupied by a sales office and/or representative) shall be
limited to a conditional certificate of occupancy allowing the use of the
structure as a model only provided all required infrastructure is in place to
service the unit. Model homes permitted as "wet" models (occupied by a
sales office and/or representative) shall not be occupied until such time as
all required infrastructure is available to service the unit and a permanent
certificate of occupancy has been issued. Transportation to and from
unoccupied model homes is provided at a sales center, which also provides
required parking and handicapped accommodations in accordance with
section 2.6.33.2. Model homes occupied by a sales office and/or
representative must have all required landscaping, parking, and
handicapped access on site. A temporary use permit for a model home
(occupied or unoccupied'} shall be issued initially for a period of three
years. Extensions in excess of this period shall require submittal and
approval of a conditional use petition in accordance with section 2.7.4.
4
DEC 15 999
Model sales centers may be located in either a temporar).' structure, usuall
a mobile home. or a permanent structure which is either a residential
dw'elling unit or a non-residential structure. Temporar).' use permits shall
be issued as Follows:
A temporaD' use permit for a sales center in a temporary structure
shall be issued initially for a period of three years and may be
renewed annually based ur~on demonstration of need.
bo
A temporaD' use permit for a sales center in a permanent structure
which is a residential dwelling unit shall be issued initially for a
period of three 5'ears. Extensions in excess of this period shall
require submittal and approval of a conditional use petition in
accordance with section 2.7.4.
A temporary use permit for a sales center in a permanent structure
other than a residential dweiling unit shall be issued initially for a
period of three years and may be renewed annually on
demonstration of need.
Temporary. use permits for model homes or model sales centers to b~
located within a proposed sin~,le-familv~ . or ,,,.,,,~"~': c~,,,,,,,.~;, development pric
to final plat approval may be requested by the applicant and require 1)
administrative approval of a plat and construction plans showing all
required infrastructure for the Ion s) on which the model home or model
sales center is located, and 2) a site development plan I SDP) pursuant to
division 3.3. subject to the follo,,ving:
A maximum of five models or a number corresponding to ten
percent of the total number of planed lots. whichever is lesser, per
platted, approved development shall be permitted
........ ,4 ~;'c!c,~me, r.t prior to final plat approval as specified
~ above.
(b)
The applicant shall provide documentation that all required utilities
will be available to the subject site, and. where required, shall
depict such utilities in detail on the site development plan.
(c)
The parcels on which the models are located must abut a privately
owned and maintained road. temporary in nature or permanently
constructed to Collier County roadway standards.
(d)
The boundaries depicted on the preliminary, subdivision plat sh~
be depicted on the site development plan in order to ensure
compliance with the applicable development standards in effect on
the subject property.
(e)
Final lot grading and drainage conveyance shall be in conformance
with the master grading plan for the project as depicted on the
preliminary, subdivision plat submittal documents.
Temporary use permits for model units or units used for sales centers in
multi-family projects will not be issued prior to plat recordation and final
approval of the project Site Development Plan.
All other temporary, use requests for model homes shall require the
submission of a conceptual plan which demonstrates that provisions will
be made to adequately address the requirements of section ~ ' ' ' '~
Temporary. use permits for a model sales center within an existing
subdivision shall require a site plan as follows: in the case of a permanent
structure which is a dwelling unit. a Site Improvement Plan ~SIP) per
section 3.3.8.4.: in the case of a permanent structure which is other than a
dwelling unit, a Site Development Plan (SDP): in the case of a temporary,
structure (mobile home or sales trailer), either a Conceptual Site Plan
(CSP) which addresses the requirements of section 2.6.33.2., or a Site
Improvement Plan. depending on the extent of the work required.
Temporary use permits for model homes to be located within a proposed
single-family .....v, ,,,,,,,": ,~,,_:*'---;~-' development may be approved following
administrative approval of a plat and construction drawings for all required
infrastructure encompassing the lots' on which the models are to be
constructed pursuant to division 3.2, and a Conceptual Site Plan which
addresses the requirements of section 2.6.33.2. Unoccupied (dry.) model
homes will be permitted only in conjunction with an approved SDP for a
model sales center which provides adequate parking to support the
model(s).
Temporary use permits for occupied (wet) model homes following
subdivision shall require a Conceptual Site Plan which addresses the
requirements of section 2.6.33.2. Temporary use permits for unoccupied
model homes following subdivision shall require a Conceptual Site Plan
and shall be issued only in conjunction with an approved Site
Development Plan or Site Improvement Plan for a model sales center
which provides adequate parking to support the model(s).
2.6.33.4.LDC AMENDMENT/RG/md
DEC 1 5 199.9
ORIGIN:
AUTHOR:
Current Planning Section
Donald J. Murray, AICP, Principal Planner
DEPARTMENT: Planning Services
LDC SECTION: 2.6.35
" LDC PAGES:
LDC2::~14-226
CHANGE: Amend Section 2.6.35 of the LDC to: provide a one time height bonus to allow an
extension of a tower's height to provide additional sharing (collocation space) on existing and
nonconforming towers; to make allowances for easier acquisition and use of agricultural sites
within the urban designated area; to decrease the allowable maximum height of towers in
agricultural areas by decreasing the maximum height of towers permitted in agricultural areas
fi.om 280 feet to 250 feet in height and reducing the required acreage fi.om 20 acres to 10 acres;
to require lighting of towers greater than 150 feet for the safety of the Collier Mosquito Control
District's spraying operations; to provide additional requirements for the submission of tower
site plans; to provide additional findings for variance and conditional use application findings of
fact, and; to make minor corrections to help update and clarify text.
REASON: These proposed amendments should help to eliminate some confusion as to wha'
is required for submission of applications associated with new towers and tower sites. They wil_
also help to reduce staff workload due to continually requesting additional information from
applicants and having to explain what is needed for review. Additionally, they will help to clarify
certain needed requirements and to help update information as staff makes more future revisions
to Section 2.6.35.
The minor changes to text reflect corrections, such as using the Collier Mosquito Control
District's correct name, and breaking up long sections of text to make it easier to understand to
the reader. Future amendments will include reorganizing and regrouping some information and
subsections of text to make it easier to understand this section of the LDC.
The major proposed changes address the following:
A~DA ITEM
)EC 15 1999
Section 2.6.35.5.1 - Some towers are located in areas which limit additional towers, such as
conservation areas. By allowing a one time increase to a nonconforming tower's height,
additional antennas and equipment may be added, thereby reducing or slowing the need for
additional towers in an area. providing better telecommunications coverage, accommodating
other wireless providers' equipment, taking advantage of an existing available structure, and
promoting competition. The idea is to confine as many antennas to an area or on a tower thus
slowing or preventing the need for additional towers. Most cities and counties provide a similar
allowance, within reason, and limit it to one change per tower or site. All other rules governing,
increasing or changing nonconforming towers are still adhered to. Any proposed height increas
,,n ter this amendment and related changes cannot exceed 50 percent of the cost to replace the
ex ;ting structure(s), cannot exceed an additional 30 feet or 20 percent of the tower height,
wi chever is less, and cannot cause a nonconforming tower to become nonconforming by
exceeding any maximum height or separation requirements. Proof that the antennaCs) cannot be
accommodated on the subject tower by other means is also required.
Section 2.6.35.6.2 - Some agricultural areas in the urban designated area, which is a higher
demand area for cellular and PCS phone technology are less than 20 acres in size, and are near
commercial and industrial areas. These sites should probably be utilized for towers only when
they can be used without major impact to residential areas. By treating placement of
telecommunications towers in agricultural areas located within the urban designated area
similarly to those placed in commercial and industrial areas, the same ~bjectives may be
accomplished, such as limiting towers to areas of greater impact. By placing urban agricultural
areas in the same permitted category as commercial (moving its reference from subparagraph
number 2 to subparagraph number I of the subsection), the towers can be limited to 185 feet in
height and restricted to a separation from the tower to adjoining residential property lines by a
distance of 2 V: times the tower height. Currently, towers allowed on agricultural sites can have
heights up to 200 feet and still have to meet the same separation requirements. The existing 20
acre minimum rule for towers located in agricultural areas (Section 2.6.35.6.2.4) will not apply to
towers under 280 feet in height whereby this proposed change will help to limit placement of
towers in the agricultural districts and will help to make them more conforming to the towers
found in commercial and industrial districts nearby.
Section 2.6.35.6.12 Tower lighting is normally regulated by the Federal Aviation
Administration (FAA) and is required on towers with heights greater than 200 feet. This
requirement is more associated with general aircraft and airports, but the Collier Mosquito
Control District (CCMD) has requested that any tower that equals or exceeds 150 feet in height
be lighted for the safety of their flight personnel when they fly their aircraft for mosquito control
spraying at low altitudes at night. Given that some towers may be in more secure areas, the
proposed amendment language would allow the CMCD the ability to exempt some towers when
it is proven that there is no problem.
Section 2.6.35.6.17 - Site Plans are required of any application for towers, but the required
information does not take into account the uniqueness of towers and their possible impact. The
proposed additional requirements to site plan submittals will provide more information up front
and will save staff time when conducting reviews, or when seeking advice from the State
Division of Wireless. This amendment just clarifies what staff needs to conduct site development
plan reviews.
Section 2.6.35.6.26 - This amendment will require additional findings for variance and
conditional use applications and will help to provide a more solid decision base for approving or
denying applications. It is also information that staff uses when seeking assistance from staff at
the Florida Division of Wireless. It will require that the wireless providers do their homework
much better and will help to eliminate some guessing as to the appropriateness of one proposed
site versus another proposed site.
HSCAL & OPERATIONAL IMPACTS:
RELATED CODES OR REGULATIONS:
None.
None.
2
"'-" I Z 1999
2.6.35.1.
2.6.35.5.1.
AC.~._IqDA ITEM
OEC 15 1, 99
Purpoa.~ and intent. This section applies to. specified communication towers that
support any antenna designed to receive or transmit electromagnetic energy, such
as but not limited to telephone, television, radio or microwave transmissions. This
section sets standards for construction and facilities siting; is to minimize where
applicable adverse visual impacts of towers and antennas through careful design,
siting and vegetation screening; to avoid potential damage to adjacent properties
from tower failure; to maximize the use of specified new communication towers
and thereby to minimize need to construct new towers; to maximize the shared
use of specified tower sites to minimize the need for additional tower sites; and to
consider the concems of the Collier Mosquito Control District Cc".:n~%'...v~.~,.;*~.v
cant:c! d/ztfict as to low flying mosquito control aircraft safety.
Shared use plans. Each shared use plan shall be in a standard format that has been
approved by the County Administrator ccun~%' ..---'.m".ager. Each shared use plan
shall specify, in detail to what extent there exists tower and/or site capacity to
accommodate additional antennas and/or additional towers, ancillary equipment
and accessory uses. Available antenna capacity on a tower shall be stated in
detailed clearly understandable terms, and may be stated in equivalent flat plate
area and total additional available transmission line capacity. The tower owner (as
to tower shared use plans) and the landowner (as to site shared use plans) shall
update its respective approved shared use plans by promptly filing pertinent
update information with the county manager. Owners of old towers and/or old
sites may file shared use plans in accord with this section.
Reservation of capacity. If an applicant for a shared use tower does not
plan to install all of its proposed antennas during initial construction of the
tower, the applicant must specify the planned schedule of installing such
later added antennas as part of the shared use plan. An applicant cannot
indefinitely prevent the use of unused available antenna space on a tower
by reserving to itself such space. No available space can be reserved for
the owner or anyone else unless approved in the shared use plan. If an
antenna is not installed by the scheduled deadline, the reserved space shall
automatically be rendered available for use by others unless the shared use
plan has by the deadline been amended with the approval of the county
manager. Deadlines may be extended even if the tower is a nonconforming
structure. If space has been reserved in a shared use plan for future
additional antenna use by the tower owner and it becomes clear that such
space will not be utilized by the owner, the shared use plan shall be
amended promptly to reflect the availability of such space.
Reservation of site capacity. The policy stated above applies also to
additional tower space on an approved tower site to prevent indefinite
reservation of available site space.
Protection of nonconformity. As an incentive to promote the filing of
shared use plans, old towers, whether or not conforming, and new towers
AGENDA ITEM
No. ~-' _
DEC 15 1999
and/or tower sites that are conforming at the date of approval of the initial
shared t, 'e plan and/or any amendment thereto may proceed in accordance
with the approved plan irrespective of the fact that the tower and/or tower
site is then nonconforming. The intent of this provision is to grandfather
towers and/or new tower sites against a nonconforming status to the extent
that future capacity, including accessory structures, is provided for in the
shared use plan. If the initial shared use plan or amendment to a shared use
plan requires approval of the board of county commissioners and it
appears that the site is threatened to become nonconforming for the
intended use, the pending nonconformity will be a material element in
deciding whether to approve or deny the application for the shared use
plan or amendment.
Notwithstanding anything to the contrary in any Collier County ordinance,
any then nonconforming tower that is destroyed by any means to an extent
of more than 50 percent of its actual replacement cost at the time of
destruction, as determined by a cost estimate submitted to the zoning
director, shall not be reconstructed or repaired without conditional use
approval.
Notwithstanding anything to the contrary in any Collier County ordinance,
including any provision of division 1.8 of the land development code, a
nonconforming tower and/or accessory structures may be voluntarily
reconstructed in any zoning district at its site subject to the conditional use
procedures of the land development code provided such reconstruction
complies with section 1.8.3.1. The extended useful life of the tower and/or
accessory structures that will result from reconstruction shall not be
construed to be an enlargement, intensification, increase or extension of
the nonconforming use. After nonconforming facilities and/or accessory
structures are reconstructed under conditional use authorization, such
facilities and/or accessory structures shall be deemed to have a conditional
use permit under section 1.8.8 of the land development code.
Height bonus_for sharing. Notwithstanding anything to the contrary in any
Collier County ordinance, any existing conforming or nonconforming
tower may be permitted a onetime increase in height, provided:
.,&ny such increase in height does not exceed 30 feet or 20 percent
of the height of the existing tower, whichever is less;
bo
The cost of such increase in height does not exceed 50 percent of
the actual replacement cost of the tower at the time of the
apvlication:
Co
A shared use plan covering the tower with the increased height is
first approved by the County Administrator;
2.6.35.6.2.
AGENDA ITEM
DEC 15 1999
The increase does not cause the proposed tower to exceed anv
required maximum t. ;ight requirement for towers or make a legally
conforming tower become nonconforming;
Substantiated proof that such proposed antenna(s) may not be
placed on the existing tower by relocating or adjusting existing
antennas and equipment shall be submitted by an appropriate
professional engineer certified to practice in the State of Florida.
A site development plan shall be submitted for review and
approval if an increase in tower height requires placement of, or
addition to, an antenna equipment building or support building.
7_.4
Filing shared use plans. Each approved shared use plan shall be filed and
recorded in the office of the Collier County clerk of courts prior to any site
development plan approval. A copy of the initial shared use plan shall be
filed with and approved by the county, manager prior to conditional use
approval.
Shared use plans for old towers and old tower sites. Initial shared use
plans and amendments for old towers require approval of the county
manager. Initial shared use plans and amendments for old tower sites
require approval of the board of county commissioners, except where an
amendment reduces site and/or antenna capacity.
Permitted ground-mounted towers. Towers not exceeding the stated maximum
heights are a permitted use subject to other applicable provisions of this section,
including separate requirements and shared use provisions. Towers that exceed
those specified maximum heights require variance approval.
All commercial and industrial zoning districts and urban designated area
agricultural zoning districts: Any tower up to 75 feet in height is a
permitted use subject to minimum yard requirements. Any tower that
exceeds 75 feet in height up to a height of 185 feet is a lawful use only if
permitted or otherwise provided in the respective zoning district and the
base of such tower is separated from the nearest boundary of any parcel of
land zoned RSF-1 through RSFo6, RMF-6, E, RMF-12, RMF-16, RT, VR,
MH, TTRVC, or PUD zoning of six residential dwelling units or less, by a
minimum distance in feet determined by multiplying the height of the
tower (in feet) by a factor of 2.5. (The minimum separation distance is 2
1/2 times the height of the tower.) Towers which do not meet the
separation requirement may apply for a variance in accordance with
section 2.7.5.
Agricultural zoning districts within the rural designated area: Towers not
exceeding 289 250 feet.
3~4,.
All agricultural zoning districts: No tower that exceeds 250 220 feet in
height exclusive of any antenna affixed thereto shall be allowed on any
site comprising less than 10 -2-0 acres under common ownership or control
except such towers can be approved as a conditional use on sites of less
,-vvwv-'~ ~...'; .... ~.-'~ the applicant cannot with economic feasibility acquire
title to or control of a suitable tower site of at least 10 42-0 acres in the
required geographic vicinity of the proposed tower site.
2.6.35.6.6.
With the exception of rooftop towers and towers on essential services sites, each
new communication tower shall meet the following separation requirements:
Each new tower that exceeds 185 feet in height shall be located not less
than 2.5 times the height of the tower at least 1,000 feet from all RSF-1
through RSF-6, and RMF-6 zoning districts including planned unit
developments (PUDs) where the adjacent use(s) is/are, or_comparable to,
RSF-1 through RSF-6 and RMF-6 zoning districts. If a part of a PUD is
not developed and it is inconclusive whether the part of a PUD area within
such minimum separation distance fi'om the proposed tower site may be
developed with a density of six units per acre or less, it shall be presumed
that the PUD area nearest to the proposed site will be developed at the
lowest density possible under the respective PUD.
In addition, each such new tower that exceeds a height of seventy-five (75)
feet excluding antennas, shall be separated from all boundaries of
surrounding property zoned RMF-12, RMF-16, E, RT, VR, MH, TTRVC.
H. and the_residential areas of PUDs with existing or planned densities
greater than six units per acre bv not less than the total height of the tower
including its antennas; and fi'om all other surrounding property
boundaries by a distance not less than one-half the height of the tower and
its antennas, or the tower's certified collapse area, whichever is greater.
2.6.35.6.30.
DEC 15 I 99
Controlling Law. Upon written application for exception(s) by the tower permit
' .n01icant, citing to specific provision(s) of allegedly controlling law, staff shall, in
vfiting, grant one or more specifically articulated exceptions to these
equirements herein, but only to the extent, in the opinion of the County Attorney,
2.6.35.6.12.
each applied-for exception is mandateci bv application of such law(s) as then
applied to the specific tower site.
Tower Lighting. Towers and antennas with a height ~eater than 150 feet shall be
required to have red beacon or dual mode lights unless exempted in writing by the
Collier Mosquito Control District. Such lights shall meet the then existing Federal
Aviation Administration (FAA) technical standards. No other towers or antennas
shall be Nc tcv.'cr sba!! b: artificially lighted except as required by the FAA
Fzdzra! Aviaries Admiv2gtrat;.~n, the Federal CommUnications Commission, or
other applicable taws, ordinances or regulations. If the FAA rules require lighting,
then the applicant shall comply with such rules.
2.6.35.6.17. Site Plans.
Additional Requirements. All new telecommunication towers and facilities
shall require a scaled site plan in accordance with division 3.3 and the
following additional requirements as part of the building permit
application:
ao
Elevation drawings of the proposed telecommunications tower or
alternative tower structure, other structures, type of construction,
and whether construction will accommodate sharing of additional
antennas for future users;
AGENDA ITEM
DEC 1 5 1999
Separation distances fi.om nearest platted and unplatted residential
properties and existing and/or proposed towers that are permitted
by Collier County, and all setbacks fi.om adjacent properties and
rights-of-way, and minimum separation distances as required;
Landscaping and buffering plan showing specific landscapine
materials and method to maintain landscaping;
d. Location and type of fencing to be used;
e. Finished color, camouflamng, and illumination, if applicable;
f.
Statement by applicant certifying compliance with all applicable
federal, state, and local laws and requirements of the FCC and
On-site land uses and zoning designation(s);
ho
Legal descriptions;
Identification of the entities providing the backhaul network for the
tower(s);
.-k description of the suitabilitv of the use of existing towers and
other structures located within the applicable search radius; and
A map of the proposed coverage area and a propagation study
contrasting the proposed tower and tower site versus use of other
tower structures and sites within the effective radius.
Amendments. Additional towers, tower sites, buildings and accessory_
facilities on-site shall also require an amendment to the approved site plan.
3. Exemptions. The following are exempt from division 3.3'
Ground-mounted amateur radio towers that do not exceed a height
of 75 feet excluding antennas;
Ground-mounted antennas and receive only dishes that do not
exceed a height of 20 feet above natural grade.
2.6.35.6.26.
Additional Findings_for Variance and Conditional Use Applications. In addition to
the findings for conditional use applications and variance applications as required
in Sections 2.7.4 and 2.7.5 of the LDC, the following additional findings shall be,
made by the Collier County Planmng Commission (CCPC) when consider;n?.
such at,pi;cations:
AGEI~A ITEM
DEC 1 5 1999
1. The applicant must demonstrate that the telecommunication~
tower/antenna must be located where it is to serve the company's system
and service area and that sharing capacity is unfeasible or unreasonable
to existing towers. Evidence must be provided xvhich considers the
following:
DEC 1 5 1999
o
a. Proximity of all nearby toxvers located within the effective radius
and whether or not they provide sharing of facilities.
If tree. existing telecommunications towers and structures located
within the effective radius are not of sufficient height for the
proposed tower's service area. Such evidence must be certified by
an appropriate professional engineer certified to practice in the
State of Florida.
Existing towers and structures located within the effective radiu~
are not of sufficient structural strength to support the applicant's
proposed antennas and related equipment. Such evidence must be
certified by an appropriate professional engineer certified to
practice in the State of Florida.
Sharing would cause electromagnetic interference with either the
applicant's communication system or with existing communication
systems. Such evidence must be certified bv an appropriate
professional engineer certified to practice in the State of Florida.
Costs to share an existing tower or structure or to adapt an existing.
tower or structure for sharing are unreasonable. Fees and costs
which exceed the costs to design and construct a new
telecommunications tower shall be presumed to be unreasonable.
If applicable, other limiting factors, including but not limited to
natural and man-made environmental limitations.
Required Certification. The applicant shall provide certification by a
professional engineer that the proposed telecommunications tower or
alternative tower structure is designed in accordance xvith the standards
specified in this article and those incorporated by reference into this
article, and that in case of collapse the telecommunications tower or
alternative tower structure will be contained on the parcel or site, and that
no structure other than those in direct support to the operations of the
telecommunications tower or alternative tower structure shall be located
within the fall zone.
Compliance with Aviation Regulations. The applicant must demonstrate
that the proposed tower complies with all state and federal laws and
regulations concerning aviation safety, including Part 77 of the Federal
Aviation Regulations and Part 17 of the FCC Regulations, and if planned
to exceed 150 feet in height above ~ade, has been submitted for review by
the Collier Mosquito Control District.
Evidence of Pursuing Use of Existing Towers and Tower Sites. The
applicant must provide evidence of pursuing the use of existing towers,,
2.6.35.6.27.
structures, and facilities xvithin the effective radius as specified in Section
2.6.35.2. Evidence shall include written correspondence between the
applicant and owner/operator of other structures in the effective radius
including a request for space, the applicable rate structure for leasing, the
applicable radio frequency, structural requirements, and any existing FCC
limitations and other information as required in Section 2.6.35.3.
Comparison of proposed site versus use o_f existing sites within e_f_fective
'radius. The applicant will provide a map of the proposed c6Verage area
and a propagation study for the proposed telecommunications tower and
any existing or proposed towers and structures within the effective radius,
which may be used to facilitate the applicant's antenna{s) and equipment,
including the input data for those maps for comparison of both proposed
and existing towers, and any other technical parameter used; analyses
which include the type of equipment to be used and the structural loading
criteria used, and which address alternative scenarios, such as using an
existing tower or placin~ a tower elsewhere versus using the proposed
tower and site.
The above requirements may be waived by staff if the applicant presents
good cause proving why the respective requirement is not applicable or
such proof is irrelevant or superfluous to the specific application.
A copy of each application for a tower in excess of 299 150 feet in height shall be
supplied by the applicant to the Collier r-~ v-.,..,* ........ ...w.~.,.v;* .... ~v....v.*'"~ _.~...~.'~:'*";~* Mosquito
Control District or its successor in function.
2.6.35./DM/md
10
AG~A I'[EM
DEC 1 5 1999
ORIGIN: Community Development and Environmental Services Division
AUTHOR: Tom Kuck. Engineering Review Manager: John Houldsworth. Senior Engineer
DEPARTMENT: Planning Services
LDC PAGE: LDC3'12
LDC SECTION: ' '~
.~._.4.11,5 (new)
CHANGE: Allowing for the utilization of "private easements" in Golden Gate Estates to
provide access and frontage for Tracts which are subdivided into two parcels, and would have
been able to use the perimeter easement (which will be vacated as of midnight, December 31.
1999) for these purposes.
REASON: Golden Gate Estates is primarily comprised of 5 acre Tracts which were originally
designed to be further subdivided in the future. The developer had recorded 30 toot perimeter
easements, and 60 toot bisecting easements to allow' the future subdivision of the Tracts. These
easements created a hardship tbr many residents who had constructed improvements within the
easement areas. The Florida Legislature passed a Special Act (House Bill 1173) which vacates
all those easements which are not in actual use as of December 31. 1999. By allowing the
creation of a private easement to serve as access and frontage to an otherwise landlocked Parcel
the County will be relieving the property owner of planing the property in order to create acces.
and frontage for one Lot.
FISCAL & OPERATIONAL IMPACTS: There will be no Fiscal or Operational Impact to the
Countv.
RELATED CODES OR REGULATIONS: Division 3.2 Subdivisions
3.2.4.11.5 Golden Gate Estates Lot splits. When a five acre Parcel in Golden Gate Estates is
subdivided into two Lots, where one of the Lots is not on the existing fight-of-way, the owner
may create an access easement to and through the parcel which is not on the right-of-way. The
easement must be at least 20 feet in width, and extend at least 150 feet into the otherwise
landlocked Lot. The easement shall provide for access to the Lot, and satisfy the frontage
requirement.
3.2.4. ! 1.5 LDC AMENDMENT/JH
AGE.~T~
DEC 1 5 1999
ORIGIN: Community Development and Environmenmi Services Division
AUTHOR: Thomas Kuck. Engineering Review Manager. John Houldsworth. Senior Engineer
DEPARTMENT: Planning Services
LDC PAGE: LDC.~.2.~
LDC SECTION: 3.2.6.5.3 (3)
CHANGE: To require applicant's professional engineer to supply subdivision improvement
plans on a computer disk in Auto CAD software format, or a similar format which is translatable
to Auto CAD. and acceptable to the development se~-ices director at the time of preliminary
acceptance of the subdivision improvements.
REASON: The Community Development and Environmental Services Division is in the
process of having thousands of sheets of record mylar drawings scanned to be saved in CD
tbrmat. This will decrease the amount of storage required for these drawings, and provide a
quick reference to the drawings. A disk received from the applicant's engineer is easier and
cheaper to transfer to CD than scanning a mylar drawing.
FISCAL & OPERATIONAL IMPACTS: The fiscal impact to the County will be reduced
fees to have record construction drawings convened to CD format.
RELATED CODES OR REGULATIONS: Division 3.2 Subdivisions
3.2.6.5.3 (3) Completion certificate, record improvement plans and supportive documents. The
required improvements shall not be considered complete until a statement of substantial
completion by the applicant's professional engineer of record along with the final development
records have been furnished to. reviewed and approved by the development services director for
compliance with this division. The applicant's professional engineer of record shall also furnish
one set of record improvement plans on a mylar or other similar acceptable material, with a
minimum of two mil thickness, and two sets of certified prims acceptable to the development
services director, showing the original design in comparison to the actual finished work. The
myalrs shall be labeled as record drawings on each sheet prior to printing of the required sets of
prints. The applicant's professional engineer shall also submit a computer disk containing the
drawing file in Auto CAD software format, or a similar format, which is translatable to Auto
CAD and acceptable to the planning services director. In addition, a copy of applicable
measurements, tests and reports made on the work and material during the progress of
construction must be furnished. The record construction data shall be certified by the applicant's
professional engineer and professional land surveyor and shall include but not be limited to the
following items which have been obtained through surveys performed on the completed required
improvements:
3.2.6.5.3 {3) LDC AMENDMENT/JH
DEC 15 1999
ORIGIN: Community Development & Environmental Services
AUTHOR: Stan Chrzanowski
DEPARTMENT: Planning Services
LDC PAGE: 3:32.2 and 3:32.3
LDC SECTION: 3.2.8.3.6.
CHANGE: Reworking roles governing clearing land of land for proposed and approved
construction.
REASON: Existing rules are ambiguous and difficult to enforce.
FISCAL & OPERATIONAL IMPACTS: Sets penalties for clearing violations
RELATED CODES OR REGULATIONS: LDC - Division 3.5, Division 3.9
3.2.8.3.6.
,t
DEC 15 1999
2
DEC 15 ~999
DEC 15 1999
//2- _
Clearing. _trading and filling: Cleating of woody vegetation requires
permits in Collier County with the following exceptions:
1.
Lots with existing sirlgle family home other than Golden Gate
Estates lots may remove non-native and native woody vegetation
without permits unless specimen trees are involved. A minimum
number of required native trees shall be maintained per Section
2.4.6.1.
Permitted removal of vegetation:
L
Subdivisions: Residential. commercial or industrial subdivisions.
upon approval of construction drawings for the entire project or
any given phase, may clear for the c~nstruction of the
infi'astructure within that phase. Road rights-of-way, and drainage
and utili _ty easement may be cleared.
Water management al'cas requiring excavation oermits may be
cleared upon issuance of the excavation permit, and required
separate vegetation removal permit has been obtained.
Individual single family lots or blocks of lots may not be cleared
unless a separate Vegetation Removal and Site Filling Permit
(VRSFP) is obtained as per section 3.2.8.3.6.b.3..
3
9
Site De, lelopment Plans tSDP'sk
Commercial and Industrial: Approval of a commercial or
industrial SDP or SIP carries with it permission to clear for
all infrastructure improvements and for the building pad as
shown on the approved SDP.
b.
Residential SDP's: ApProval of a residential ~D--P carries
with it permission to clear for infrastructure only. Clearim,
and filling of building sites is not allowed unless a separate
Vegetation Removal and Site Filling Permit (VRSFPI is
obtained as per section 3.2.8.3.6.b.3..
Vegetation Removal and Site Filling Permits (VPSFP):
A developer will be allowed to clear up to 25 acres of
residential, commercial, or industrial lots to store excess fill
generated by lake excavations within the PUD or project
where the excavation is bein~ du~.
An approved SDP or an approved Plat must exist for the
parcel on which the fill is to be stored.
The application to "clear and fill" to store excess fill must
be accompanied by a plan drawn on the approved SDP or
plat. showing the following:
the limits of each separate stockpile must be clearly
delineated and the area. height, cross section, and
volume of each individual stockpile must appear on
the drawing referenced to the stockpile. Slopes
must not be steeper than 4:1.
The _t)rp. e of vegetation to be removed must be listed
The source of the material flake #) for each stock-
pile must be indicated on the drawing.
Clearing to store excess fill will be permitted in
maximum blocks of 25 acres at a time. When a 25
acres block is nearing capacity_, additional 25 acre
blocks may be applied for.
DEC 1 5 1999
To allow for safe .ty during tree removal, if a developer
owns contiguous single family lots. the trees on the single
family lots directly adjacent to a lot where a house is under
construction may be removed, if removal at a future date
may be a danger to life or property_, A VRSFP must be
?anted prior to removal of these tre¢~.
Revegetation: For VRSFP's within subdivisions, a
revegetation bond in the form of a Performance Bond.
Letter of Credit. or Cash Bond and in the amount of
55.000.00 per acre must be posted.
When fill is used to bring building lots to desired
construction elevations, those lots shall immediately be
seeded, to prevent erosion and exotic seed infestation.
3my stockpile in place for more than 6 months must be
sodded or hydroseeded. Failure to do so within 14 q:al~r~d,ar
days of notification by the Coun .ty will result in a fine of
$10.00 per acre per day.
In the event that any portion of the stockpile is in place for
two years, the County_ will order the fill to be removed and
the land to be revegetated.
The densi _ty and t_vp. e of revegetation will closely match
nearby ecosystems, but on no account will be less than 64
trees per acre and associated mid story_ and grouIldcov~r.
3.2.8.3.6. LDC AMENDMENT/SC'md
5
DEC 1 5 IO,0, 9
ORIGIN: Planning Services Staff
AUTHOR: Thomas E. Kuck. P.E.. Engineering Review Manager/County Engineer
DEPARTMENT: Planning Services Department
LDC PAGE: 3:82
LDC SECTION: Section 3.4.7.1.4.
CHANGE: Provide additional language and requirements tbr pre-blast notifications
REASON: To provide written notification to surrounding property owners of proposed blasting
in their immediate area
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
3.4.7.1.4.
The applicant shall notify provide written notification to residents who
have not received a pre-blast inspection of the pending blast at least
ten days prior to the commencement of the initial blast. The notification
brochure shall be mailed or placed on the front door of each individual
residence within the notification radius. A list of the notified addresses
shall be furnished the Count','.
Notification shall be distributed to all properties containing structures
within a radius calculated for a scaled distance of 150 ~. plus an
additional 50%.
The written notification shall describe the blasting which will take place.
its effect on the residents, their ability to obtain a pre-blast survey and how
to contact the user or his or her representative with any blast related
complaints or claims. Propert3.' owners shall be given a five-day window
to respond to the availability and their desire to obtain a pre-blast survey.
3.4.7 1.4, LDC AMENDMENT/TElL'md
If blasting is suspended in an area for a period of 90 davs or longer, re-
notification of all residents within the radius calculated for a scaled
distance of 150 ~ plus an additional 50% shall be accomplished at lest
seven days prior to the re-commencement of blasting.
AGE~A
ORIGIN: Planning Services Staff
AUTHOR: Thomas E. Kuck. P.E.. Engineering Review Manager
DEPARTMENT: Planning Services Department
LDC PAGE: 3:85
LDC SECTION: SeCtion 351.9.4.3 & 3.4.9.4.4
CHANGE: Provide blasting analvsis bv a defined seismologist. Provide analysis to the County
within 7 working days.
REASON: To obtain blasting analysis from a third part.',' recognized seismologist within a seven
day time frame.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
3.4.9.4.4.
The results from the seismic instrument shall be provided to and analyzed by
seismologist who shall sign the results of his analysis. The seismologist shall be
an individual or firm specializing in the measurement and evaluation of short-term
air and ground vibrations produced through detonation of explosives. The
seismologist shall have experience in instrumentation, explosives, and the effects
of vibration upon structures and a minimum of 5 years experience supervising
and/or monitoring the use of explosives.
All original records of the seismic analysis will be the property of the user but a
copy of the seismic results and/or analysis shall be furnished to the a .... 1 ......
zeP.'icea .direct,or community development and environmental services
administrator or designee with full and complete and supporting data~,~ ...... -.~.---*:t'~"
,~ .... a within 7 days from the date of actual blast.
3.4.9.4.3. & 3.4.9.44. LDC AMENDMENTFI'EK/md
AGENDA IT[gM
D.'C 1 5 1999
ORIGIN: Community Development & Environmental Sen'ice Division
AUTHOR: Michelle Edwards Arnold. Code Enforcement Director
DEPARTMENT: Code Enforcement
LDC PAGE: LDC3:126
LDC SECTION: 3.9.3 -
CHANGE: Addressing fill placed on improved properD'
REASON: To provide for the protection of native vegetation from destruction by excessive
land filling.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: Div. 3.0. Vegetation Removal. Protection and
Preserx'ation
Section 3.9.3, Applicability: unlawful to remove or otherwise destroy vegetation.
It shall be unlawful for any individual, firm. association, joint venture, partnership, estate, trust.
syndicate, fiduciary, corporation, group or unit of federal, state, county or municipal government
to remove. ,or za'.:zz ta 5e rem`oved or otherwise destroy, vegetation, which includes placing of
additional fill, without first obtaining a vegetation removal or vegetation removal and fill permit
from the development ser~'ices director except as hereinafter exempted.
3.9.3. LDC AMENDMENT/MEA/md
DEC 15 1999
... //7_
ORIGIN: Staff
AUTHOR: Michelle Edwards Arnold. Code Enforcement Director
DEPARTMENT: Code Enforcement
LDC PAGE: LDC3:132.2
LDC SECTION: 3.9.6.4.1
CHANGE: Amend 3.9.6.4.1. relative to removal
and adding climbing fern air potato and lather leaf.
REASON: these are invasive exotics that and are encouraging their removal.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS:
of vegetation not requiring a removal
fee
3.9.6.4.1.
A vegetation removal fee is not required to remove the following prohibited
exotic vegetation from developed property, or from undeveloped property after a
vegetation removal permit has been issued.
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(~o)
(~)
Australian pine (Casuarina spp.).
Melaleuca (Melaleuca spp.).
Brazilian pepper (Schinus terebinthifolius).
Earleaf acacia (Acacia auriculiformis).
Catclaw mimose (Minosa pigra).
Java plum (Syzygium cumini).
Downy rosemyrtle (Rhodomyrtus tomentosa).
Women's tongue (Albizia lebbeck).
Climbing fern (Lygodium spp. l.
Air potato (Dioscorea bulbifera).
Lather leaf (Colubrina asiatica).
3.9.6.4.1. LDC AMENDMENT/MEA/md
DEC 1 5 1999
_
ORIGIN: Community Development & Environmental Ser~'ice Division
AUTHOR: Michelle Edwards Arnold. Code Enforcement Director
DEPARTMENT: Code Enforcement
LDC PAGE: LDC3:140
LDC SECTION: 3.9.6.8
CHANGE: Add new Section addressing the penalty for unauthorized vegetation removal
REASON: The fee schedule for the to the Land Development Code (LDC) provides for an
after-the-fact environmental or landscape permit fee but the sections of the LDC pertaining to
vegetation removal is not clear as to whether those after-the-fact fees are intended to apply to
persons who remove vegetation without first obtaining required permits
FISCAL & OPERATIONAL IMPACTS: No operation impact. However. when offender to
the code are found there will be a specified penalty tbr the violation.
RELATED CODES OR REGULATIONS: None
Section 3.9.6.8. Penalty.
o
The failure of a propertv owner or other person to obtain a required vegetation removal
permit, otherwise not exempted in section 3.9.6.4, shall be assessed an after-the-fact
environmental permit fee at 4 times the normal fee, pursuant to the Schedule of
Development Review and Building Code Permit Fees.
3.9.6.8/MEA/md
AG -F_N~A IT F....~
CT, . 1 5 1 99
ORIGIN: Community Development & Environmental Services
AUTHOR: Chahram Badamtchian. Ph.D.. AICP
DEPARTMENT: Planning Services
LDC PAGE: LDC6:5-LDC6:67
LDC SECTION: 6.3.
CHANGE: To add new definitions for monument sign and beacon light.
REASON: The proposed Sign Code amendment will allow "monument signs" and
prohibit "beacon lights". Iherefore the LDC must contain proper definition
for those items.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
Amend Section 6:3 as follows:
Sign, Monument: a detached sign typically containing design elements such as a base~
columns, borders, topper or cap, and a sign cabinet occupying at least two third (2/3) of the
total sign area.
Beacon light: Any light with one or more beams capable of being directed in any direction
or directions, or capable of being revolved automatically, or having any part thereof
revolve automatically, or a fixed or flashing high intensity light; search light.
6.3 DEFINITIONS/CB/md
DEC 1 5 1999
ORIGIN: Community Development & Environmental Services
AUTHOR: Ross Gochenaur
DEPARTMENT: Planning Services
LDC PAGE: 5:49
LDC SECTION: Div. 6.3 Definitions
CHANGE:
REASON:
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
Amend language to roadside sales.
The current definition of roadside sales is too broad to be meaningful.
Division 6.3.
Definitions
Roadside sales: the sale or display of perishable or non-erishable merchandise for
sale from any or nonfixed location, upon unimproved or improved property.:
without a valid occupational license and. when applicable, temporary_ use permit.
~.3 DEFINITIONS LEg2 AMENDMENTJ~G/md
DEC 1 5 1999
P8- ~------~
ORIGIN: Community Development 8,: Environmental Sen'ices
AUTHOR: Ronald Nino
DEPARTMENT: Planning Sen, ices
LDC PAGE: LDC 6.49
- LDC SECTION: 6.3
CHANGE: To add a definition of"Riparian Lines"
REASON: To support regulations specifically addressing relationship of docks to riparian lines.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
Division 6.3
Definitions
Riparian line: An imaginary, line beginning at the point at which property line
intersect the mean high water line of a waterway and continuing into the
waterway indefinitely. The purpose of the riparian line. as employed by this
Code. is to provide a point of reference from which to measure setbacks for
dockine facilities.
~, 3 LDC AMENDMENT,'RFN;mO
DEC 1 5 1999
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DEC 5 1999
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1999
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ot
ORDINANCE NO. 2000-
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-I02, AS
AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT
CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING
REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION
ONE, RECITALS: SECTION TWO, FINDINGS OF FACT:
SECTION THREE, ADOPTION OF AMENDMENTS TO THE
LAND DEVELOPMENT CODE, MORE SPECIFICALLY
-AMENDING THE FOLLOWING: ARTICLE 2, ZONING,
DIVISION 2.1. GENERAL; DIVISION 2.2. ZONING DISTRICTS,
PERMITTED USES, CONDITIONAL USES, DIMENSIONAL
STANDARDS, DIVISION 2.3. OFF-STREET PARKING AND
LOADING; DIVISION 2.4. LANDSCAPING AND BUFFERING;
DIVISION 2.5. SIGNS; DIVISION 2.6. SUPPLEMENTAL
DISTRICT REGULATIONS; ARTICLE 3, DIVISION 3.2.
SUBDIVISIONS; DIVISION 3.4. EXPLOSIVES; DIVISION 3.9.
VEGETATION REMOVAL, PROTECTION AND
PRESERVATION; ARTICLE 6, DIVISION 6.3. DEFINITIONS,
INCLUDING, BUT NOT LIMITED TO THE DEFINITIONS OF
MONUMENT SIGN, BEACON LIGHT, ROADSIDE SALES AND
RIPARIAN LINE; APPENDIX B, TYPICAL ROAD CROSS-
SECTIONS; SECTION FOUR, CONFLICT AND SEVERABILITY;
SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND
DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE
DATE.
DEC 1 5 1 99
WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners adopted
Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LDC), which has been
' subsequently amended; and
WHEREAS, the LDC may not be amended more than two times in each calendar year pursuant to
Section 1.19.1., LDC; and
WHEREAS, this is the first amendment to the LDC, Ordinance 91-102, in this calendar year; and
WHEREAS, on March 18, 1997, the Board of County Commissioners adopted Resolution 97-177
establishing local requirements and procedures for amending the LDC; and
WHEREAS, all requirements of Resolution 97-177 have been met; and
WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold
advertised public hearings on December 2, 1998 and January 27, 1999, and did take action concerning
these amendments to the LDC; and
WHEREAS, all applicable substantive and procedural requirements of the law have been met.
NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier
County, Florida, that:
SECTION ONE: RECITALS
The foregoing recitals are true and correct and incorporated by reference herein as if fully set
forth.
Words :..~.'ck :~.-e::g?, are deleted, words underlined are added.
1
SECTION TWO: FINDINGS OF FACT
The Board of County Commissioners of Collier County, Florida, hereby makes the following
findings of fact:
1. Collier County, pursuant to Sec. 163.3161, et se_~q., Fla. Stat., the Florida Local Government
Comprehensive Planning and Land Development Regulations Act (hereinafter the "Act"), is required to
prepare and adopt a Comprehensive Plan.
2. After adoption of the Comprehensive Plan, the Act and in particular Sec. 163-3202(1). Fla.
Stat., mandates that Collier County adopt land development regulations~ that are consistent with and
implement the adopted comprehensive plan.
3. Sec. 163.3201, Fla. Stat., provides that it is the intent of the Act that the adoption and
enforcement by Collier County of land development regulations for the total unincorporated area shall be
based on; be related to, and be a means of implementation for, the adopted Comprehensive Plan as
required by the Act.
4. Sec. 163.3194(1)(b), Fla. Stat., requires that all land development regulations enacted or
amended by Collier County be consistent with the adopted Comprehensive Plan. or element or portion
thereof, and any land development regulations existing at the time of adoption which are not consistent
with the adopted Comprehensive Plan, or element or portion thereof, shall be amended so as to be
consistent.
5. Sec. 163.3202(3), Fla. Stat., states that the Act shall be construed to encourage the use of
innovative land development regulations.
6. On January 10, 1989, Collier County adopted the Collier County Growth Management Plan
(hereinafter the "Growth Management Plan" or "GMP") as its Comprehensive Plan pursuant to the
requirements of Sec. 1634.3161 et sea. Fla. Stat., and Rule 9J-5, F.A.C.
7. Sec. 163.3194(1)(a), Fla. Stat., mandates that after a Comprehensive Plan, or element or
'portion thereof, has been adopted in conformity with the Act, all development undertaken by, and all
actions taken in regard to development orders by, governmental agencies in regard to land covered by such
Comprehensive Plan or element or portion thereof shall be consistent with such Comprehensive Plan or
element or portion thereof.
8. Pursuant to Sec. 163.3194(3)(a), Fla. Stat., a development order or land development
regulation shall be consistent with the Comprehensive Plan if the land uses, densities or intensities, in the
Comprehensive Plan and if it meets all other criteria enumerated by the local government.
9. Section 163.3194(3)(b). Fla. Stat., requires that a development approved or undertaken by
a local government shall be consistent with the Comprehensive Plan if the land uses, densities or
intensities, capacity or size, timing, and other aspects of development are compatible with, and further the
objectives, policies, land uses, densities or intensities in the Comprehensive Plan and if it meets all other
criteria enumerated by the local government.
10. On October 30, 1991. Collier County adopted the Collier County Land Development Code,
which became effective on November 13, 1991 and may be amended twice annually.
A~A IT '~v-M
DEC 15 1 99
11. Collier County finds that the Land Development Code is intended and necessary to
preserve and enhance the present advantages that exist in Collier County; encourage the most appropriate
use of land, water and resources, consistent with the public interest; overcome present handicaps; and deal
effectively with future problems that may result from the use and development of land within the total
unincorporated are of Collier County and it is intended that this Land Development Code preserve,
promote, protect, and improve the public health, safety, comfort, good order, appearance, convenience,
and general welfare of Collier County; prevent the overcrowding of land and avoid the undue
concentration of population; facilitate the adequate and efficient provision of transportation, water,
sewerage schools, parks, recreational facilities, housing, and other requirements and services, conserve,
develop, utilize, and protect natural resources within the jurisdiction of Collier County; and protect
Words ::r;:ck :~r.~;~ are deleted, words underlined are added.
2
human, environmental, social, and economic resources; and maintain through orderly grovah and
development, the character and stability of present and future land uses and development in
County.
12. It is the intent of the Board of County Commissioners of Collier County to implement the
Land Development Code in accordance with the provisions of the Collier County Comprehensive Plan.
Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and through these amendments to the Code.
SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT
CODE
SUBSECTION 3.A AMENDMENTS TO DIVISION 2.1. GENERAL
Division 2.t, General of Ordinance 91-102, as amended, the Collier County Land
Development code, is hereby amended to read as follows:
DEC
1 5 1SS9
DIVISION 2. I GENERAL
Sec. 2.1.15. Prohibited uses and structures
1. Any use or structure not specifically permitted in a zoning district as a permitted use,
conditional use or use allowed by reasonable implication shall be prohibited in such
zoning district. D~.~:~ ~,~ ~..,, ~.~ F.^~.:~.:,~,~ :~ ~,, ~^~:.~ ~:~,.~ ...... '~ a
2_. Roadside sales shall be prohibited in all zoning districts. No temporary use permit or
license can be obtained for any type of roadside sale.
23. Subject to exceptions in Ordinance No. 76-11, as amended, the storage, display, or
sale of any items, services, materials, or products, whether finished or unfinished,
processed or natural, within public rights-of-way shall be prohibited.
Notwithstanding anything in Ordinance No. 76-11, as amended, or any other part of
the Collier County Code, in unincorporated Collier County no person shall be upon
or go upon any public road, when the road is open to vehicular traffic, for the
purpose of displaying any advertising to, or distributing any tangible thing or
soliciting any business, contribution or any other tangible thing from any occupant of
any motorized vehicle that is being operated on the public road. No person shall be
within four feet of any edge or such road for the purpose of distributing any tangible
thing or soliciting any business, contribution or any tangible thing from any occupant
of any motorized vehicle being operated on the public road. As used in this unpaved
surfaces that are available and used for either travel of, or in the road parking of,
motorized vehicle. "Road" includes all medians in all such interior areas, and
includes shoulders. All road, including road that are separated by one or more
medians, have only two exterior edges. "Road" includes streets, highways and other
words that describe such facilities and no differentiations are intended.
~_. The storage, display, or sale of any items, services, materials, or products whether
finished or unfinished, processed or natural, other than form within, or as part of the
normal operation of a permanent structure authorized by the Collier County Land
Development Code shall only be allowed in accordance with Section 2.6.33.
When the operating characteristics of a duty authorized business requires the utilization of
shopping carts by customers provision shall be made for outside storage within corals as
iljustrated on a Site Development Plan, and said shopping carts shall be collected at the
close of business each day and stored at the front of said establishment. It shall '
responsibility of the merchant to collect any and all shopping carts that stray fr,
premises upon which they are intended to be utilized, and a name-plate on a shopping cart
shall be prima-facia evidence of ownership.
Words ............ ~,.. are deleted, words underlined are added.
3
SUBSECTION 3.B. AMENDMENTS TO ZONING DISTRICTS, PERMITTED USES
CONDITIONAL USES, DIMENSIONAL STANDARD DIVISION
Division 2.2., Zoning District, Permitted Uses, Conditional Uses, Dimensional
Standards, of Ordinance 91-102, as amended, the Collier County Land Development Code, is hereby
amended to read as follows:
Division 2.2. ZONING DISTRICT, PERMITTED USES, CONDITIONAL USES,
DIMENSIONAL STANDARDS
Sec. 2.2.12 Commercial professional district (C-l) and commercial professional
district (C-l/T)
Sections 2.2.12.4.3 Minimum yard requirements.
Front Yard - 25 feet or one-half of the building height as measured
from each exterior wall, whichever is greater
Rear Yard - 15 feet or one-half of the building height as measured
from each exterior wall, which ever is greater
Sec. 2.2.13 Commercial convenience district (C-2)
Section 2.2.13.4.3 Minimum yard requirement.
1. Front Yard - 25 feet or one-half of the building height as measured
from each exterior wall, whichever is greater
Rear Yard - 15 feet or one-half of the building height as measured
from each exterior wall, whichever is greater
Sec. 2.2.14. Commercialintermediate district (C-3).
2.2.14.2.1. Permitted uses.
Unless otherwise provided for in this section, all permitted uses of the C-2
commercial convenience district.
2. Apparel and accessory stores (groups 5611--5699).
3. Auto and home supply stores (5531).
Business services (groups 7311, 7313, 7322--7338, 7361--7379, 7384, 7389 except
auctioneering service, field warehousing, bottle labeling, packaging and labeling,
salvaging of damaged merchandise, scrap steel cutting and slitting).
Eating places (5812 only). All establishments engaged in the retail sale of alcoholic
beverages for on-premise consumption are subject to locational requirements of
section 2.6.10.
AGENDA IT'd
DEC 15 1999
n..../,3/
Food stores (groups 5411--5499).
General merchandise stores (groups 5311--5399).
Group care facilities (category I and II, except for homeless shelters); care units,
except for homeless shelters; nursing homes; assisted living facilities pursuant to §
400.402 F.S. and ch. 58A-5 F.A.C.; and continuing care retirement communities
pursuant to § 651 F.S. and ch. 4-193 F.A.C.; all subject to section 2.6.26.
Words :,.':-.:el: t~.-c::~ are deleted, words underlined are added.
4
DEC 15 1999
9. [Reserved.]
10. Home furniture, furnishing, and equipment stores (groups 5712--5736).
11. Libraries (8231 ).
12. Marinas (4493), subject to section 2.6.22.
13. Membership organizations (8611--8699).
14. Miscellaneous repair services (groups 7629--7631).
15. Miscellaneous retail (groups 5912--5963 except pawnshops and building materials,
5992--5999 except auction rooms).
16. Museums and art galleries (8412).
17. Nondepository credit institutions (groups 6111--6163).
18. Paint, glass and wallpaper stores (5231 ).
19. Personal services (groups 7211, 7212.7215, 7216 nonindustrial dry cleaning only,
7221--7251,7291).
20. Public administration (groups 9111--9199, 9229, 9311,9411--9451,9511--9532,
9611--9661).
21. Retail nurseries, lawn and garden supply stores (5261).
22. Veterinary services (groups 0742, 0752 excluding outside kenneling).
23. Videotape rental (7841).
24. United States Postal Service (431 t except major distribution centers).
25. Any use which was permissible under the prior GRC zoning district and which was
lawfully existing prior to the adoption of this code.
26. Any other general commercial use which is comparable in nature with the foregoing
uses including buildings for retail, service and office purposes consistent with the
permitted uses and purpose and intent statement of the district.
Section 2.2.14.4.3 Minimum yard requirement.
1. Front Yard - 25 feet or one-half of the building height as measured
from each exterior wall, whichever is greater
3. Rear Yard - 15 feet or one-half of the building height as measured
from each exterior wall, whichever is greater
Sec. 2.2.1S General commercial district (C--4)
Section 2.2.15.4.3 Minimum yard requirement.
1. Front Yard - 25 feet plug one fcct for cazh one f,vc, t cf b::!Id[ng
height over 50 f~t or one-half of the building height as measured
from each exterior wall, whichever is greater
2. Rear Yard - 15 feet or one-half of the building height as measured
from each exterior wall, whichever is greater
Words :.-~g:~ :~rc:gh are deleted, words underlined are added.
5
Sec. 2.2.15V= Heavy commercial district (C-5)
Section 2.2.15-1/2.4.3 Minimum yard requirements.
From Yard - 25 feet or one-half of the building height as measured
from each exterior wall, whichever is greater
Rear Yard - 15 feet or one-half of the building height as measured
from each exterior wall, whichever is greater
Sec. 2.2.16. Industrial district (I).
2.2.16.1. Purpose and intent. The purpose and intent of the industrial district (I) is to provide lands
for manufacturing, processing, storage and warehousing, wholesaling, and distribution.
Service and commercial activities that are related to support manufacturing, processing,
storage and warehousing, wholesaling, and distribution activities, as well as commercial
uses relating to automotive repair and heavy equipment sales and repair are also
permissible in the I district. The I district corresponds to and implements the industrial land
use designation on the future land use map of the Collier County growth management plan.
2.2.16.2.1. Permitted uses
Agricultural services (groups 0711, except that chemical treatment of
soil for crops, fertilizer application for crops and lime spreading for
crops shall be a minimum of 500 feet from a residemial zoning
district, 0721, except that aerial dusting and spraying, disease control
for crops, spraying crops, dusting crops, and insect control for crops
(with or without fertilizing) shall be a minimum of 500 feet from a
residential zoning district, 0722-0724, 0761, 0782, 0783).
2. Apparel and other finished products (groups 2311-2399).
3. Automotive repair, service, and parking (groups 7513-7549).
4. Building construction (groups 1521 - 1542).
Business services (groups 7312, 7313, 7319, 7334-7336. 7342-7389,
including auction rooms (5999), subject to parking and landscaping
for retail use).
Communications (groups 4812-4899 including communications
towers up to specified heights, subject to section 2.6.35).
Construction--special trade contractors (groups 1711-1799).
Depository and nondepository institutions (groups 6011-6163).
9. Eating places (5812).
10. Educational services (8243-8249).
11. Electronic and other electrical equipment (groups 3612--3699).
AGENDA IT~4
DEC 1 5 1999
12.
13.
14.
Engineering, accounting, research, management and related services
(groups 8711--8748).
Fabricated metal products (groups 3411--3479, 3491--3499).
Food and kindred products (groups 2011--2099 except slaughtering
plants).
Words :track :~re;r,5 arc deleted, words underlined are added.
6
15. Furniture and fixtures (groups 2511--2599).
16. Heavy construction (groups 1611--1629).
17. Health services (8011 accessory to industrial activities conducted on-
site only).
18. Industrial and commercial machinery and computer equipment
(3511--3599).
19t Leather and leather products (groups 3131--3199).
20. Local and suburban transit (groups 4111--4173).
21. Lumber and wood products (groups 2426, 2431--2499).
22. Measuring, analyzing, and controlling instruments; photographic,
medical and optical goods; watches and clocks (groups 3812--3873).
23. Membership organizations (groups 8611,8631).
24. Miscellaneous manufacturing industries (groups 3911--3999).
25. Miscellaneous repair services (groups 7622-7699) with no associated
retail sales.
26. Motor freight transportation and warehousing (groups 4212,
4213--4225, 4226 except oil and gas storage, and petroleum and
chemical bulk stations).
27. Outdoor storage yards pursuant to the requirements of Section
2.2.15V:.6.
28._~.2--% Paper and allied products (262 I--2679).
29._-2-& Personal services (groups 7211--7251, 7291).
30_.~._-2~. Physical fitness facilities (7991).
31.3&. Printing, publishing and allied industries (groups 2711--2796).
32._.~.3-1-z_. Railroad transportation (4011,4013).
3__}3 3-3. Real estate brokers and appraisers (6531).
34__.,.~3~. Rubber and miscellaneous plastics products (groups 3021, 3052,
3053).
35._.~34,. Stone, clay, glass, and concrete products (groups 3221, 3251, 3253,
3255--3273, 3275, 3281).
36.._~.~%. Textile mill products (groups 2211--2221, 2241--2259, 2273-2289.
2297, 2298).
37.__:.36~. Transportation equipment (groups 3714, 3716, 3731, 3732, 3751,
3761, 3764, 3769, 3792, 3799).
38._~3-7-,. Transportation by air (groups 4512--4581 except airports and flying
fields).
Words .... t, ,~. .... k are deleted, words underlined are added.
7
39_~.gg:.
40..__~.
41.40,.
42._~44~.
4__3~
Transportation services (groups ,~73! J~724-4783, 4789 except
stockyards).
United States Postal Service (4311 ).
Welding repair (7692).
Wholesale trade--durable goods (groups 5012--5014, 5021--5049,
5063--5092, 5094--5099).
Wholesale trade--nondurable goods (groups $111--5159, 518 i, 5182,
5191 except that wholesale distribution of chemicals, fertilizers,
insecticides, and pesticides shall be a minimum of 500 feet from a
residential zoning district (5192--5199).
Any other use which is comparable in nature with the foregoing uses
and is otherwise clearly consistent with the intent and purpose
statement of the district.
IMMOKALEE OVERLAY DlfiTRICT
Delete this Map
DEC 15 1999
Words ::.-',:':!: :hrc::Gh are deleted, words underlined are added.
8
IMMOKAI.~E OVERLAY DISTRICT
Map 1 (new map)
S.R. 29 COMMERCIAL OVERLAY SUB-DISTRICT {SR29COSD!
AGENOA IT~
N~ ~
DEC 1 5 1099
Map 2 (Delete this Map)
Words ::.--'a:~ :hrc::;h arc deleted, words underlined are added.
9
S.R. 29 COMMERCIAL OVERLAY SUBDISTRICT (SR29COSD)
AGF..NDA ITEld
DEC 15 1999
Words c.':".:ck :~:c. ugh are deleted, words underlined are added.
10
2.2.28.7.4.
............. : .............................................. cf F ak.',.e;, ...... to
the ccn:erl~nc cf Dcla'::are Avenue, tken ;ve:terly tc thc ,Cal,:'tkem exten:~cn o"
the :az: lot linc of Let I~,, uP. lc, ak !, M. ai."in: S'.:bdivizfon, then nc:'t, her!y t
Boundaries of the district. The physical limits of the Immokalee central
business district (ICBSD) are as shown on the official zonin~ atlas map of
the subject area~ and on the map below:
IMMOKALEE CENTRAL BUSINESS OVERLAY SUBDISTRICT
2.2.28.8
Main Street Overlay Subdistrict:
Main Street Overlay Subdistrict; special conditions for the properties
identified in the Immokalee Area Master Plan: referenced on Map 6; and
further identified by the designation "MSOSD" on the applicable official
Collier County Zoning Atlas Maps.
DEC 15 1999
c'
Words z:.--ch :hrz::3h are deleted, words underlined are added.
11
MAIN STREET OVERLAY SUBDISTRICT
: ....
Map 6
2.2.28.8.1
2.2.28.8.2
2.2.28.8.3
Purpose and intent: The purpose of this designation is to encourage
development and redevelopment by enhancing and beautifying the downtown
Main Street area through flexible design and development standards.
Applicability: Regulations apply to the Main Street Overlay Subdistrict as
identified on Map 6 and further identified bv the designation "MSOSD' on
the applicable official Collier County Zoning Atlas Maps.
Permitted Uses: For all properties within the Main Street Overlay Subdistrict,
except for properties hatched as indicated on map 6. the Main Street
Overlay Subdistrict. all permitted uses within the underlying zoning districts,
and the following use is permitted as a right in this subdistrict:
1_. Hotel and Motels (group 7011).
AGE~A IT~.~t
DEC 15 1999
2.2.28.8.4
2.2.28.8.5
Permitted uses: For hatched properties within the Main Street Overlay
Subdistrict, all permitted uses within the underlying zoning districts, and the
following uses are permitted as a right in this subdistrict:
All uses allowed in the Commercial Professional District
(C-1), of this code, except for group (7521).
Prohibited Uses: All uses prohibited within the underlying residential and
commercial zoning districts, and the following uses, shall be prohibited in the
Main Street Overlay Subdistrict:
Automobile Parking (group 7521) on all properties having frontage on
Main Street, North First Street, South First Street and North 9'h Street
within the Main Street Overlay Subdistrict.
Automotive dealers (groups 5511, 5521, 5531 installation,
5551,5561,5571,5571,5599) on all properties having frontage on
Main Street. North First Street and South First Street within the Main
Street Overlay Subdistrict.
Words ............. ~,.. are deleted, words underlined are added.
12
Gasoline Service Stations (group 5541) on all properties having
frontage on Main Street and gasoline service stations (group 5541
with services and repairs as described in section 2.6.28) is prohibited
on all properties having frontage on North First Street and South First
Street within the Main Street Overlay Subdistrict.
Primary uses such as convenience stores and grocery stores are
prohibited from servicing and repairing vehicles in conjunction with
the sale of gasoline, on all properties having frontage on Main Street,
North First Street and South First Street within the Main Street
Overlay Subdistrict.
Automotive repair, services, parking {groups 7514, 7515, 7521) and
carwashes (group 7542) on all properties having frontage on Main
Street, North First Street and South First Street within the Main Street
Overlay Subdistrict.
Radio and Television Repair Shops (group 7622 automotive) is
prohibited on all properties having frontage on Main Street, North
First Street and South First Street within the Main Street Overlay
Subdistrict.
Outdoor Storage yards and outdoor storage prohibited within any
front, side or rear yard on all properties within the Main Street
Overlay Subdistfict.
Dfive-thrus shall be prohibited on all properties having frontage on
Main Street. North First Street and South First Street within the Main
Street Overlay Subdistrict.
Warehousing (group 4225)
Any other heavy commercial use which is comparable in nature with
the forgoing uses and is deemed inconsistent with the intent of this
subdistrict shall be prohibited.
2.2.28.8.6 Accessory uses:
Uses and structures that are accessory and incidental to the permitted
uses as a right in the underlying zoning districts and are not otherwise
prohibited by this subdistrict.
Conditional uses:
Uses permitted in the underlying zoning districts, subject to the
standards and procedures established in division 2.7.4. and as set forth
below:
A_~_.
Local and Suburban passenger transportation (groups 4131
4173) may be permitted on commercially zoned properties
within the Main Street Overlay Subdistrict.
2.2.28.8.8 Outdoor Display and Sale of Merchandise:
DEC 1 5
Outdoor Display and Sale of Merchandise, within the Front and Side
Yards on improved properties, are permitted subject to the following
provisions:
A.~. The outdoor display/sale of merchandise is limited to the sale
of comparable merchandise sold on the premises and as
indicated on the proprietor's occupational license.
B.~. The outdoor display/sale of merchandise is permitted on
improved commercially zoned properties and is subiect to the
submission of a site development plan that demonstrates that
provisions will be made to adequately address the following:
1_. Vehicular and pedestrian traffic safety measures.
2_. Sale/display of merchandise shall not be located in the
required parking areas.
3_. Fire protection measures.
4~ Limited hours of operation from dawn until dusk
Words ............. ,.. are deleted, words underlined are added.
13
AC.-~A ITF. Jd
DEC 1 5 IS99
oUtdoor display and sale of merchandise within the sidewalk area only. shall
be permitted in conjunction with "Main Street" approved vendor carts,
provided the applicant submits a site development plan which demonstrates
that provisions will be made to adequately address the following:
1_~. Applicant has obtained all necessary State
and/or County licenses;
2_.. Sale/display of merchandise is not located in the
road rights-of-way~
Vendor Carts are located on sidewalks that afford_the applicant a five foot
clearance, for non-obstructed pedestrian traffic; and
4._: Limited hours of operation from dawn until dusk
2.2.28.8.9
Dimensional Standards: Subject to the provisions of this code, for each respective
zoning district, except as noted below:
2.2.28.8.9.1
Yard requirements.
Maximum yard requirements.
l_. Front Yard: 7 or 10 feet
Side Yard: 0 - 10 feet
Minimum yard requirements.
1_. Rear Yard: 0 or 5 feet
9.2. Abutting Residential: 20 feet
2.2.28.8.9.2
Maximum height of structures.
All structures shall be no more than 35 feet in height, except hotel/motel uses
shall be no more than 50 feet in height.
2.2.28.8.10
Minimum off-street parking and off-street loading. As permitted by Section
2.2.28.7. Standards for parking within the Immokalee Central Business District and
as noted below:
Outdoor caf~ areas, shall be exempt from parking calculations.
-.. All properties within the Main Street Overlay Subdistrict, having frontage on
Main Street, First Street or Ninth Street are required, by this subdistrict to
locate all parking in the rear and/or side yards.
2.2.28.8.11
Signs.
1_.
As required in division 2.5., and as noted below:
Projecting signs are allowed in addition to permitted signs provided such
signs do not exceed 6 square feet in size and are elevated to a minimum of 8
feet above pedestrian way.
Sandwich Boards are permitted, one per eating establishment, not to exceed 6
square feet in size and shall only be displayed during business hours.
2.2.28.8.12
Commercial Design Guidelines: Subiect to provisions of Division 2.8., Architectural
and Site Design Standards for Commercial Buildings and Projects, except as noted
below:
Properties having frontage on Main Street or First Street or Ninth Street are
required to locate its primary business entrance on that street. Parcels
fronting both Main Street and First Street or both Main Street and Ninth
Street are required to locate its primary business entrance on Main Street.
Reflective or darkly tinted glass is prohibited on ground floor windows.
Properties with less than 50 feet of road frontage shall only require a
minimum of one roof change.
Commercial projects 5,000 square feet in size or less shall only require a
minimum of two design features, as described within section 2.8.4.4.6 of this
code.
To encourage redevelopment within the Main Street Overlay Subdistrict, for
proposed redevelopment of existing projects that do not increase impervion~
Words :..':-.:ok :~r.~;gh are deleted, words underlined are added.
14
surface area and whose total building area is less than or equal to 5.000
square feet in size, the applicant shall be exempt from Section 2.4.3.1. of the
Landscaping and Buffering provision, requiring the seal of a Landscape
Architect and shall also be exempt from Division 2.8. Architectural and Site
Design Standards and Guidelines for Commercial Buildings and Projects,
requiring the seal of an Architect.
The minimum commercial design criteria, as noted above, is not applicable to
projects greater than 5,000 square feet in size.
2.2.28.8.13
Landscaping and Buffering: Subject to provisions of Division 2.4, of this Code,
except as noted below:
To encourage redevelopment, the following landscape criteria shall apply to
all commercially zoned properties and those residential properties with
permitted commercial uses, except where otherwise prohibited by this
subdistfict:
a_. properties adjacent to residentially zoned lots/parcels shall provide a
minimum 10' wide landscape buffer 6' in height with trees spaced no
more than 25' on center~
b~ a minimum perimeter buffer of 5' wide with a single row hedge with
trees spaced no more than 30' on center shall be required for all
properties~
c_. a minimum 5' buffer with at least two trees on each parcel shall be
required adiacent to all rights-of-ways;
d_:. lots/parcels that are unable to meet the above minimum landscape
criteria, shall be required to provide landscape planters and/or flower
boxes for each such property, as recommended by the County
Landscape Architect or County Planning Director~ and
the minimum landscape buffeting criteria, as noted above, is not
applicable to projects greater than 5,000 square feet in size.
ACtA ITF. J~
DEC 1 5 1999
SUBSECTION 3.C. AMENDMENT TO OFF-STREET PARKING AND LOADING
Division 2.3, Off-Street Parking and Loading, of Ordinance 91/102, as amended, the
Collier County Land Development Code, is hereby amended to read as follows:
DIVISION 2.3. OFF-STREET PARKING AND LOADING
Sec. 2.3.3, General applicability.
2.3.3.1.
Wherever in any zoning district off-street facilities are provided for the parking or
display of any and all types of vehicles, boats or heavy construction equipment,
whether such vehicles, boats or equipment are self-propelled or not, and all land
upon which vehicles traverse the property as a function of the primary use (including
"drive-in" facilities) hereinafter referred to as "other vehicular uses," such off-street
facilities and land shall conform to the minimura requirements of this code.
Repair of existing building or use. Off-street parking and off-street loading
facilities shall be provided as set forth in this division. Conforming buildings
and uses existing as of the effective date of this code may be modernized.
altered, or repaired without providing additional off-street parking or off-
street loading facilities, providing there is no increase in floor area or capacity
or change in use which would require additional off-street parking.
2.3.3.2.
Enlargement of existing building or use. Where a conforming building or use
existed as of the effective date of this code and such building or use is
enlarged in floor area. volume, capacity, or space occupied, off-street parking
Words :t.-'-:~: tSre"~h are deleted, words underlined are added.
15
2.3.3.3.
2.3.3.4.
and off-sti-~et loading as specified in this code shall be provided for the
additional floor area, volume, capacity, or space so created or used.
Change of existing use. Where a use and building existed at the effective date
of this code and the use is changed after the effective date of this code and
where this code requires such later and changed use to have greater required
off-street parking, then additional off-street parking shall be provided for the
later and changed use as required under this code.
Central business district. Unless otherwise provided, areas designated as the
central business district of a community, shall not be required to meet the
requirements for off-street parking and loading herein. Such central business
districts may be designated on a map or such other documents and materials
as are necessary and adopted by the board of county commissioners upon
recommendation of the planning commission for the purpose of exempting
such area from off-street parking and loading regulations.
Sec. 2.3.4. Off-street vehicular facilities: design standards.
Off-street parking facilities and other vehicular facilities, both required and
provided, shall:
2.3.4.1.
Identification. Be identified as to purpose and location when not clearly
evident.
2.3.4.2.
Surfacing. Be surfaced with asphalt, bituminous, concrete or dustless material
and maintained in smooth, well-graded condition. Up to 70 pement of the
parking spaces for houses of worship and schools may be surfaced with grass
or lawn. Spaces that are not paved shall be compacted, stabilized, well
drained and surfaced with a durable grass cover. Driveways, handicapped
spaces and access aisles shall be paved. When the development services
director determines that the paving of some or all parking spaces for houses
of worship and schools will have significant negative environmental impacts,
the director may require that these parking spaces not be paved. Upon
approval of the development services director, a suitable material (limerock
excluded) with a suitable stabilized subgrade may be substituted for the above
materials. This section 2.3.4.2 shall not apply to single-family dwellings.
2.3.4.3.
Drainage and slope. Be drained and sloped so as not to cause any nuisance to
adjacent property or to public property or rights-of-way:, and sloped to meet
the provisions of the Americans with Disabilities Act.
2.3.4.4.
Lighting. Be so lighted, if lighted, as to shield streets and all adjacent
properties from direct glare, excessive light, and ba?ardous interference with
automotive and pedestrian traffic. Lighting shall conform to the applicable
provisions of Division 2.8.
2.3.4.5.
Access. Be arranged for convenient and safe access of pedestrians and
vehicles.
2.3.4.6.
Internal circulation. Be arranged so that no vehicle shall be forced onto any
street to gain access from one aisle to another aisle.
DEC 1 5 L°99
2.3.4.7.
2.3.4.8.
Striping or marking. Whenever the number of off-street parking spaces
required by this code is five or more, all parking spaces shall be striped or
marked with paint or other suitable pavement marking material.
Landscaping. Be constructed so that interior portions of off-street vehicular
facilities not utilized specifically as a parking space or maneuvering or other
vehicular use area shall not be paved but shall be landscaped in accordance
with this code, specifically division 2.4.
Words ::.-:::k :~::~.'-'g,h are deleted, words underlined are added.
16
2.3.4.9.
Dead-end aisles. Off-street parking areas shall be designed so as not to create
dead-end aisles except as may be permitted in accordance with provisions of
the Standard Building Code. or other applicable codes referenced within
division 1.18. Aisles designed for one-way traffic flow shall have painted
arrows not less than four feet at each end of the aisle indicating the direction
of travel.
2.3.4.10.
Redesign. Whenever any pan of an off-street parking area is redesigned,
those pavement markings which no longer apply shall be completely
obliterated.
2.3.4.11.
Locational requirements.
All ..... ~.~l ^~'~' ~*.~+ ~n.1.-'~ 4~111,;~ ~1..~11 I..~ 1~+~.4 ~ +ha o~
!et t~ey serve cr ma)' ~: Iccv, tc~ cnv, not~er l~t ',:'n~er the sal',,,c or
nat de:;.gnated a: a cci!eater or
pnnc:pal ot ....... is ' .....a ~, ,~ lccaticnal requirements ~-
~^..,I ~. or
.......... property zn which thc business or
2.3.!5 cfthi: code.
,.~,-^' contiguous a: de~ribcd -~.-,'k ..... .... *'~ community development
def.'ices administrator, after res'iow
........................ w ...... ~ ...... ma>' allow same required
r~-,,.~-~'v;"' tc ~'~. ,~..,.~' ..... ~ cfi site. prc;'ided:
AC-~A ITEM
DEC 1 5 1999
Words .............~h arc deleted, words underlined are added.
17
and egr::z, [: safe and ccn;':n[ent for mctcfizt:
I, ~ facilk)
-n. ........ 4 ^~'~' ~;'~l--~-" ~;n~ ,
hinder the prc~cr future dcvelcpm:nt of su~cund~ng
Apprc:'a! cf the pet!t!cn ':.'ill not create par!ring prcblcm: fcr
Al! :fthe let: arc under thc :---mc :;:'net:hip;
Nc cfi :itc parking zpae: is located further them 300 feet
~+ ~;~1 ..... Ib;n~ a;~* ....... ~-
T~.~. ,.. ,~.~ ......... -..,~. :cparatcd by. an arterial .~.a.~.....: ...... az dczignated
A~A
DEC 15 1999
PK.
ua: clement cf thc grc':ah management plan; and
Words "~'-'-
............. ~,.. are deleted, words underlined are added.
18
shall inch;d:, but aka!! net
off :!to ~a.-king ':.'ill serve water
· .;'a:cr related useg;
DEC 1 5 1999
Words :,.'tuck :hr:uEk are deleted, words underlined are added.
19
All required off-street parking facilities shall be located on the same
lot they serve, on a contiguous lot under the same ownership that is
zoned for use as a parking lot, or shall be approved under the
provisions of Section 2.3.4.11.2., below.
2_. Exemptions to Locational Requirements
Off-Site Parking on Non-contiguous Lots Under Same
Ownership
DEC 1 5 1999
The Planning Services Director may approve off-site
parking on lots under the same ownership that are
separated by a roadway that is not designated an
arterial or a collector roadway of greater than 2 lanes
in the Traffic Circulation Element. A Site
Development Plan shall be submitted to the Director
which indicates that:
At least 67% of the required parking is on the
lot with the principal structure; or
The off-site lots are zoned for use as a parking
lot or are zoned the same as the lot with the
Words ....."'~' ..... ~' are deleted, words underlined are added.
20
AGEN,.~A
DEC I 5 1999
principal structure, and the off-site parking will
serve a water dependent and/or water related
use or will only be for valet parking.
b_:. Off-Site Parking on Lots Under Different Ownership
The Planning Services Director may approve off-site
parking on contiguous lots that are under different
ownership. A Site Development Plan shall be
submitted to the Director which includes:
A minimum ten-year lease agreement between
the property owners, stating that if and when
the lease expires, the property owner shall
make other provisions for required parking.
The County Attorney shall review this
agreement for form and legal suftlciencv. The
petitioner shall record the lease in the Official
Records of Collier County before approval of
the Site Development Plan.
At least 67% of the required parking is on the
lot with the principal structureg or
The off-site lots are zoned for use as a parking
lot or are zoned the same as the lot with the
principal structure, and the off-site parking will
serve a water dependent and/or water related
use or will only be for valet parking.
c_. Parking Exemption
The Board of Zoning Appeals, after review and
recommendation bv the Planning Commission, may
approve a parking exemption for the following
circumstances:
The permitted use and the proposed off-site
parking lot are separated by a collector or
arterial roadwav.
The lot proposed for off-site parking is not
zoned commercial.
Shared parking, in which two or more
permitted uses utilize the same, or a portion of
the same required parking.
Parking reservation, in which the petitioner
believes that the number of required parking
spaces is excessive and wishes to reduce the
number of parking spaces required to be
constructed, while reserving the land area for
future parking spaces if determined necessary
by the Planning Services Director, or The
Board of County Commissioners.
The Planning Commission and the Board of Zoning
Appeals shall consider the following criteria for a
parking exemption:
Words gr.--cS :~:a::gk are deleted, words underlined are added.
21
DEC 1 5 1999
2.3.4.12.
(1) Whether the amount of off-site parking is
required by Section 2.3.16, or is in excess of
requirements.
The distance of the farthest parking space from
the facility to be served.
If the lots are separated by a collector or arterial
roadway, the safety of pedestrians.
If the lot is not zoned commercial, it must meet
the Iocational criteria for co~ar~ercial Uses as
i.dentified in the Future Land Use Element of
the Growth Management Plan.
(5) Pedestrian and vehicular safety.
The character and quality of the neighborhood
and the future development of surrounding
properties.
Potential parking problems for neighboring
properties.
Whether the internal traffic flow is required to
leave the site to reach the proposed off-site
parking.
Whether vehicular access shall be from or onto
residential streets.
(10)
Whether buffers adjacent to property zoned
residential are 15 feet in width and include a
wall in addition to required landscaping.
(11) Whether the off-site parking will be used for
valet parking.
(12) Whether the off-site parking will be used for
employee parking.
(13) Whether there are more viable altematives
available.
8.3._:.
Each oOff-street parking :pace must be direcdy accessible from a
street, alley or other public right-of-way and all off-street parking
facilities must be so arranged that no motor vehicle shall have to back
onto any street, excluding single-family and two-family residential
dwellings and churches approved under section 2.3.16.
aczd in "'
adjacent tc
Dimensional standards.
Words .............~,.. are deleted, words underlined are added.
22
2.5.4.12.1. .~finimum aisle ~ridths. Minimum aisle widths shall be as follows:
Angle ot Aisle Width Aisle Width
Parking (One-Way) (Two-Way)
12 feet* 20 feet
12 feet* 22 feet
12 feet* 22 feet
60 degrees 18 feet 24 feet
90 degrees 22 feet 24 feet
*Fire districts may require these to be increased to 14 feet where an acute turning radius is
present.
DEC 15
/6":/
(Delete Picture)
Words :4:-,::!: :~rv,::~h are deleted, words underlined are added.
23
i I,:X} {ItJF," fi.
~- ~ 7 ~ D]vzs]o~
EXIIII31T .\
Minimum space size. Each parking space shall be a minimum of nine feet by
18 feet in size or 16 feet in depth measured from the isle width to the face of
the ~'heelstop except c ............
:~'-.! 12.3. Sec Exhik:t "A" for ~ypical off-<fred ~arking design.
'i~.,mpact ~t~ing spaces indicated on an :._? ovcd bite Development Plan.
~d its subsequent amendments, shall be counted ~ st~dmd pinking spaces.
· ~ ..... v ...... ~ spaces ma}' ~'~ designate.4 as compact spaces ',v:4~ minimum
.~; ...... ; ....... +'~;.~, n.~, ~.. ~ c~. Cmnpac: spaces ':.H~ ~m}owe:'. in
Words sm:c.l: :hrs"~h are deleted, words underlined are added.
24
Sec. 2.3.5.
Secondary parking ~#om alley access. For any nonresidential development
which abuts an alley, a maximum of ten parking spaces, not to exceed 30
percent of the required parking for the proposed use. ma.,,' be accessed solely
from the alley. Said parking spaces shall be clearly marked and arranged in
such a manner so that each parking space meets the minimum size required in
section 2.3.4.12.2 of this code. Additionally, these spaces shall be arranged in
a manner which allows for full compliance with any required landscaped
buffer requirement. These spaces shall be for the exclusive use of employees
and service vehicles and shall be clearly designated as such by appropriate
signage.
Off street parking:o,,,,~-~ v-..--.~.-~'~':~ [RESERVED]
structure or usc the parking is designed to ser,'e ~d consists of joint parking,
2.3.5.1.
2.3.5.2.
4),,N~ic'~::;'<m f:r~wcJure.':: ,-An ~m .......
~,,~;,,~a ~_a o~,~n k= processed in
~-~;-" commi:zien. Tho procedura! requircmentz
.,r ,,; .....~ o~,u be '~' ..... a in '~= review
parking petitions.
,~,,t; .... ; ..............Tko petition r~, ~.--~,~ parking approval ~'"~' :.,u.,~.
pat-k-i~.2 .,,.:u .....a ;,,. ;'ehic-ular access ~ ..... ~-e ....... ~ 5pace~:
'h~'~ are- ~,~,.,-~..--~.~°;""~ ,~ ~0.: ~;~.h.; ..... .
',~4a~:4~ ¢~:.r~mg t~c,,~= and t~c 'ah~mate pan:ins
plan or !and reservation plan described in section 2.3.5.~ "~less a
................................. ~ ......... petitioner
~::!it f~qhe shared park~ng~tuding nc~ ~erating.-~ours for
2.3.5 ~
DEC 15 1 99
lb/
buildings or uses the}' serve unless special circumstances.~,o.~";"
Words :tv. ack tLra::gS are deleted, words underlined are added.
25
2.3.5.1.
~ ..............,arkin ,-,
p.m..
or split bet':.'ccn the t':,'c prcpexies; cr
the lea'st amount of space:,. The cre-di~ ma;' b'c applied al! to e, nc
DEC t5 1~9
2-2-.-5.'.5.fi.1.
2.3.5.~A.
Words ............"=h are deleted, words underlined are added.
26
agreement would be canal:tent ,,a,h thc ~ ......
2,3.5.~.!0.
Apprcva! cf the petition ;;'ill ............ t.;,, problems r^. · ·
.......... v ..... ~ .~, an}' ne:ghbcr:ng
g. 3.5,7.
approved under section 2,2.5.6, the follav:ing prc'.'isions shall apply:
2.3.5.7.!.
2.3.5.7.2.
Collier
other requirgd
r~
~c--~.i~.-appea}~ ~.hall-detem~ine *ha', the mi.'g~,um
park:~pace~ ~ leng a:; ther~ ~l~cicnl spaee~ ...... · m .............
additions! parking. Thio ronco'orion aP."21 ~ recorded in the publiz recgrd: cf
DEC 15 iS o9
Sec. 2.3.6.
Sec. 2.3.7.
Off-street parking: uses not specifically mentioned.
Requirements for off-street parking for uses not specifically mentioned in this
division shall be the same as for the use most similar to the one sought, or as
otherwise determined by the planning services director pursuant to section
2.3,9 of this code it being the intent of this code to require all uses to provide
off-street parking, unless specific provision is made to the contrary,.
Off-street parking: fractional measurements.
Words .... "*~' ..... "are deleted, words underlined are added.
27
Sec. 2.3.8.
2.3.8.1.
2.3.8.2.
2.3.8.3.
2.3.8.4.
Sec. 2.3.9.
When units of measurements determining number of required off-street
parking spaces result in a requirement of a fractional space, then such fraction
equal or greater than one-half shall require a full off-street parking space.
Off-street parking: measurement.
Where this code requires off-street parking based on various types of
measurements, the following rules shall apply:
Floor area means, for the purposes of this division only, the gross floor area
inside the exterior walls, unless otherwise specifically indicated.
In hospitals, bassinets do not coum as beds.
In stadiums, sports arenas, houses of worship, and other places of public
assembly where occupants utilize benches, pews, or other similar seating
arrangements, each 24 lineal inches of such seating facilities count as one
seat.
\Yq~ere the parking requirements are based on number of employees or
persons employed or working in an establishment and the number of
employees increases after the building or structure is occupied, then the
amount of off-street parking provided must be increased in ratio to the
increase of the number of employees.
Off-street parking: minimum requirement.
Irrespective of any other requirement of this code, each and every, separate
individual store, office, or other business shall be provided with at least one
off-street parking space, unless specific provision is made to the contrary.
The planning services director may determine the minimum parking
requirements tbr a use which is not specifically referenced below or for which
an applicant has provided evidence that a specific use is of such a unique
nature that the applicable minimum par~',ing ratio listed in this code should
not be applied. In making such ,~ determination the planning services director
~n~'v r.~0.:~c s,ibm~:smn ,~[' ;-.~rking generation studies: e~dencc c,f park~np
ranos apphcd by other counties and municipalities for the specific use:
reserved parking pursuant to section 2.3.16: and other conditions and
safeguards deemed to be appropriate to protect the public health, safety and
welfare.
DEC
Sec. 2.3.10.
Sec. 2.3.11.
Off-street parking: parking provided over and above the minimum parking
7e~lli n~nl 2nt
Developers of commercial projects located within commercial zoning
districts, business park districts, or a commercial component of a PUD zoning
district, which require a minimum of 80 parking spaces, providing paved off-
street surface parking in excess of 120 percent of the requirements of this
cede shall reques~ ,~ ~ arian~ze in accnrdance with section 2.7.5 I'he develt,per
:~,tl~, bc requJ:'ed 'o provtde double the im~dscapi:~g reqmred !n int:rinr
vet~icular use areas, as required by section 2.4.5.2 for those projects
requesting such a variance.
Off-street parking: parking lots exceeding 200 spaces.
Developers providing parking lots in excess of 200 parking spaces may
surface 15 percent of the required off-street parking spaces in grass which
shall be compacted, stabilized, well drained and surfaced with a durable grass
Words ..........rv.'--'gh are deleted, words underlined are added.
28
cover. Such grass parking spaces shall be located along the outlying
perimeter of the parking lot. Driveways, handicapped spaces and access aisles
shall be paved. All grassed parking spaces shall be included in the water
management calculations for site development plan review.
Sec. 2.3.12. Off-street parking: encroachment prohibited.
Required off-street parking shall be located so that no automotive vehicle
when parked shall have any portion of such vehicle overhanging or
encroaching on public right-of-way or the property of another. If necessaD',
wheel stops or barriers may be required in order to enforce this provision.
Sec. 2.3. l 3. Off-street parking: not to be reduced or changed.
Required off-street parking according to the requirements of this code shall
not be reduced in area or changed to any other use unless the permitted or
permissible use that it serves is discontinued or modified, or equivalent
required off-street parking is provided meeting the requirements of this code.
Sec. 2.3.14. Off street parking: reservation. [RESERVED]
variance r~'.'[e~ standards !~sted ~n ~~.5.S cf fi:is code.
.................................. v ........... p~k:ng, in cast
......... :F~abs). This increased !andsca_ ng akal! be t~e smme
A sit'.: de'.elopment plan is submitted to [the county] and approved in
accorda::ce-v~m secti',m 3.3.5.
The ~,~'.~.ner M:~he !and ~ag~n ~t~!~ :,ucNparking i-s4"emg.-=cw, er~ ed '~mt-bevae~
written agreement v, itk ,ae~v~,-~ be fi!ed~tk lk~c!erk cl *~
m~ 4~
2.3.1!.!.
Mager required.
DEC 15 1999
.(.
g. 3.!4.5.
Sec. 2.3.16.
money~ to deve!ap :he p~-king spaces at a lat~ date, if necess~W.
Off-street parking and stacking: required amounts.
Bank or financial institution I per 250 square feet on the first floor and 1 per 300
square feet on any other floors. Stacking for 6 4 vehicles for each drive-up window
Words ............ ~.. are deleted, words underlined are added.
29
not to exceed a total requirement of_-2-5 15 vehicles:- exclusive of automated deposit
lane which requires no stacking.
2.3.16.1. Bicycle Parking for Nan rczidential Commercial Developments.
Provisions tbr the safe and secure parking of bicycles shall be
furnished at a ratio of five percent of requirements for motor vehicles
per Sec. 2.2.16. but not to exceed a maximum of 15 total bicycle
parking spaces. A minimum of two bicycle parking spaces shall be
provided.
A bicycle parking facility suited to a single bicycle ("parking space")
shall be of a stand-alone inverted-U design measuring a minimum of
36 inches high and 18 inches wide [of 1 ½ inch Schedule 40 pipe per
ASTM F 1083] bent in one piece ("bike rack") mounted securely to
the ground [by a 3/8 inch thick steel base plate per ASTM A 36] so as
to secure the bicycle frame and both wheels.
Each parking space shall have a minimum of three feet of clearance
on all sides of the bike rack.
Bicycle spaces shall be surfaced with the same or similar materials
approved for the motor vehicle parking lot. lighted and located no
greater than 100 feet from the main building entrance.
Extraordinary.' bicycle parking designs which depart from the bike rack
standard but are in keeping with the development's design theme shall be
considered by the County architect. Bike racks which function ~'ithout
securing the bicycle frame, require the use of a bicycle kick stand, or whic
may be freely reoriented are not allo~'able.
SUBSECTION 3.D. AMENDMENTS TO LANDSCAPING AND BUFFERING
Division 2.4.. Landscaping and Buffering. of Ordinance 91,/102, as amended, the
Coilier County Land Development Code, is hereby amended to read as follows:
DIVISION &4. LANDSCA t'INC AND BI'FFERIN(;
Sec. 2.4.4. Plant material standards and installation standards
2.4.4. l 1. Prohibited species. The following plant species shall not be planted:
2.4.4.11. I. Enterolobium cyclocarpum (ear tree).
'vi, I!,,~ azc.iarach ,chmaberr3 trec,.
2.4.4.11.3. Bischofia Javanica (bishopwood).
2.4.4.11.4. Scaevola frutescens (,Australian inkberD').
2 4 g ! 15. Dalhergia sissoo I!ndian r,,nsex,'oodi
2.4.4. l 1.6. Sapium sebiferum (Chinese tallow tree).
2.4.4.11.7. Ardisia elliptica (shoe button ardisia).
2.4.4.11.8. Ficus microcarpac {laurel fi.R)
Words :t.-'.:ck thre.::gh are deleted, w'ords underlined are added.
30
2.4.4,12
2.4.4.12.1.
This list shall be subject to revision as exotic plan species are determined to
be noxious, invasive, cause environmental degradation to native habitats, or
to be detrimental to human health, safety, or the public welfare.
Prohibited Exotic Species. In addition to the prohibitions outlined in section
2.4.4.11. the following species or seeds thereof shall not be grown, offered
for sale. or transported inter-county or intra-county.
Melaleuca spp. (punk tree).
i.
PL/ ,2'
2.4.7.4.
2.4.4.12.2,
2.4.4.12.3.
2.4.4.12.4.
2.4.4.12.5.
2.4.4,12.6.
2.4.4.12.7.
2,4.4.12.8.
2.4.4.12.9.
2.4.4.12.10.
2.4.4.12.11.
2.4.!.!2.!2.
Sec. 2.4.7.
Schinus terebinthifolius (Brazilian pepper).
Any member of the family Casuarinaceae (Australian pine).
Rhodomyrtus tomentosa (downy rosemyrtle),
Dioscorea bulbifera (air potato)
Colubrina asiatica (lather leaf).
Lygodium spp. (climbing fern).
Syzygium cumini (Java plum).
Mimosa pigra Icatclaw mimosa).
Acacia auriculiformis (earleaf acacia).
Albizia lebbeck (Women's tongue).
Minimum landscape buffering and screening between uses.
The letter listed under "Adjacent Properties District" shall be the landscape
ouffer and screening aile~native rcqui~: ,t. The "-" .~mbc, i ~!:'d! represent that
no buffer is required, l'he PUD district bulfe~, due to a varieD' of differing
land uses. is indicated bv the "*" symbol, and shall be based on the landscape
buffer and screening of the district or use x~ith the most similar types.
densities and intensities of use. Where a conflict exists between the buffering
requirements and the yard requirements of this code. the yard requirements of
the subject zoning district shall apply.
iBuff~ring in agr~c,ihare '=~) diqricts shall be applicable ,~t thc time of ,itc
development plan {SDP) submittal.
21ndustrial (I1 zoned property, where abutting industrial (I) zoned property,
shall be required to install a minimum five-foot-wide type A landscape buffer
adjacent to the side and rear property, lines. This area shall not be used for
waler management. In addition, trees may be reduced to 50 feet on center
along rear and side perimeter buffers only. This reduction in buffer width
shall not apply to buffers adjacent to vehicular rights-of-way or nonindustrial
zoned property.
3Buffer areas between commercial outparcels located within a shopping
center may have be a shared buffer 10' wide. This does not apply to right-of-
way buffers.
Words st:".:ck :Srs:g.h are deleted, words underlined are added.
31
4 Buffer areas between interior lot lines of commercial parcels max' be
displaced to other locations as schematically shown in Figure 3. Displaced
Commercial Interior Lot Line Landscaping. Approval shall be obtained from
the Planning Services Director subiect to the following conditions:
The project is part of a unified plan of development as iljustrated by a
Master Site Development Plan which includes all of the individual
building parcels which comprise the unified plan of development: and
An agreement between all owners of the separate parcels is recorded
to the effect that there is a system of cross access easements and that
the entire parking lot functions as a common parking lot: and
(iii) All of the buildings share a common architectural and landscape
theme; and
The land area normally associated with landscaping that will be displaced as
a result of the elimination of some interior lot line landscaping ~vill be
proportionately added to other required interior vehicular use area
landscaping, buildin~ perimeter plantines or perimeter buffering.
DEC i
P8- ~
15
,f<,,
Words :tr.:':!: :h.-z"gh are deleted, words underlined are added.
32
:iGURE,.,.z'
DISPL&CED ~
~ ~,MMERCIAL
INTERIOR LOT LiNE
..... DSCAP NO
VEHICULAR USE AREA. BUILDING PERIME'FF..R
PLANTING AREA OR PERIMETER
LANDSCAPE :3UFFERS V~EN LOCATED ~N
A UN,FlED PLAN OF DEVELOPNIENT.
I /
I // SHARED !0' WIDE LANDSCAPE BUFFER
/, EE-',',EEN S_"°ARSEL AND SHOPPP, S SHARED 10'
Ii..i. IiI/CENTER. ~ LANDSCAPE BOFFER
BE~EN OU ~ARCELS.
Ii
I ,.~ .- PARCE. S ~ II '
I
'--: ...................-"- I
~C:NT ACCESS PARKING BE~EEN A :=A~CEL ~JO A ~RENT -RACT. '~OFE
N~ICR VEHt~.'_A~ uSE AREA, ~UL31NG ~ERIME~ ~, ANTtNG AREA AND PERIME'E~
_A~DSCADE B~FFERS.
SUBSECTION 3.E. AMENDMENTS TO SIGNS
Division '2.5, Signs, of Ordinance oi-102, as amended, tile Collier t'oum.x
Development Code, is hereby amended to read as follows:
DIVISION 2.5. SIGNS
.and
DEC !5 ISC9
Sec. 2.5.1.
Sec. 2.5.2.
Sec. 2.5.3.
Title and citation. This division shall be known and may be cited as the
"Collier County Sign Code."
Applicability. This division shall apply to and be enforced in all
unincorporated areas of Collier County, Florida.
General finding. Increased numbers and sizes of signs, as well as certain
types of lighting distract the attention of motorists and pedestrians, and
interfere with traffic safety. The indiscriminate erection of signs degrades the
Words str'-'-ck :~rs"g.h are deleted, words underlined arc added.
33
aesthetic attractiveness of the natural and manmade attributes of the
community and thereby undermines the economic value of tourism, visitation
and permanent economic growth.
Sec. 2.5.4.
Purpose and intent. It is the intent and purpose of this sign code. and it shall
be interpreted, to implement the goals, policies and objectives of the growth
management plan, and to promote the health, safety, convenience, aesthetics.
and general welfare of the community by controlling signs which are
intended to communicate to the public and to authorize the use of signs which
are:
2.5.4.1. Compatible with their surroundings.
2.5.4.2.
Designed, constructed, installed and maintained in a manner which does not
endanger public safety or unduly distract motorists.
2.5.4.3.
2.5.4.4.
Appropriate to the type of activity to which they pertain.
Are large enough to convey sufficient information about the owner or
occupants ora particular property, the products or services available on the
property, or the activities conducted on the property and small enough to
satis~' the needs for regulation.
2.5.4.5. Reflective of the identity and creatMty of the individual occupants.
Sec. 2.5.5. Permitted signs.
2.5.5.1.
Signs within residential zoned districts and as applicable to residential
designated portions of PUD zoned properties.
2.5.5.1. t. Development standards.
Maximum allowable height. All signs within residential zoned
districts and as applicable to residential designated portions of PUD
?ened praperties are limited to a maximum height of eight feet. or as
provided within this Code. Height shall be measured f¥om the lowest
ce-~tedirc ~ade of thc nearest public or private R O W. or easement
Minimum setback. All signs within residential zoned districts and as
applicable to residential designated portions of PUD zoned properties
shall not be located closer than 4-5- I._Q0 feet from the property line,
unless otherwise noted below or as provided for in section 2.1.13.
2.5.~12.
Rea/evwte si.?,s. The %Ilo,ring signs classitSed as real estate signs shall be
~,cmtltt . in rz:,3denliai di>tricts s~:bjcct to the ~'bllo~ ing:
One ground sign with a maximum height of 6 feet or wall "For Sale."
For Rent." or similar sign. with a maximum of four square feet in size.
per street frontage for each parcel, or lot less than one acre in size.
Said sign shall hc located no closer than ten feet from an.',' adjacent
re~idemialb ~cd p~,)pe~t> and may bc plac~d 'h' to the proper'? !ine
abutting a right-of-wa), provided it is a minimum of ten feet imm the
edge of pavement. (No building permit required.)
.l.
One ground sign with a maximum height of 8 feet or wall "For Sale."
"For Rent," or similar sign. with a maximum of 12 square feet in size.
per street frontage for each parcel, or lot one to ten acres in size. (No
building permit required.)
Words :m:ck :hre,~gL are deleted, words underlined are added.
34
One pole ground sign with a maximum height of-14 I_.Q0 feet or wall
"For Sale." "For Rent." or similar sign, with a maximum of 64 square
feet in size. per street frontage for each parcel or lot in excess ten
acres in size.
Real estate signs shall not be located closer than 4--5 I__.Q0 feet from any
property, line. In the case of undeveloped parcels where the existing
vegetation may not allow the location of the sign 44 10 feet from the
property line. the planning services director may allow a reduction in
the amount of the required setback however, in no case shall said sign
be located closer than five feet from any property line unless
authorized by the board of zoning appeals through the variance
process.
Real estate signs shall be removed when an applicable temporary use
permit has expired, or within seven days of any of the following
conditions: ownership has changed; the property is no longer for sale:
rent or lease; or. the model home is no longer being used as a model
home.
2.5.5.1.3.
A sign advertising that a property has been sold or leased shall not be
displayed for more than 30 days after it is erected.
Model home signs. One on-premises sign for model homes, approved in
conjunction with a temporaD' use permit in any zoning district not to exceed
32 square feet. Model home sign copy shall be limited to the model name.
builder's name. name and address, phone number, price, logo. and model
home. Model home signs shall not be illuminated in any manner(No building
permit required.)
2.5.5.1.4.
Construction signs. All supports for such signs shall be securely built.
constructed, and erected and shall be located on the site under construction,
subject to the following:
One ground sS~n with a maximum height of 6 feet or x,al! sign. with a
maximum of four square feet in size. may be used as a construction
sign b) the ~Tenerq contractor of ~he de~ elopmenl o~ a~ a permit
board, x¥ithin =ach l'ront .~ ard for each parcci less than me acre in size
(No building permit required.)
One ground sign with a maximum height of 8 feet or wall sign, with a
maximum of 12 square feet in size. may be used as a construction sign
by the general contractor of the development or as a permit board.
within each front yard for each parcel one to ten acre in size. (No
building permi; required.)
One pole ground sign with a maximum height of 4--5- 10 feet or wall
sign. with a maximum of 64 square feet in size. may be used as a
construction sign by the general contractor of the development or as a
permit board, within each front yard for each parcel in excess often
acre in size.
2.5.5.1.5.
One g[ound sign with a maximum height of 6 feet or wall sign, with a
maximum of four square feet in size. may be used as a construction
sign by each contractor, lending institution, or other 4milar company
involved with the development, regardless of parcel size, (No building
permit required.}
Residential directional or ident4/~cation signs. Directional or identification
signs no greater than four square feet in size. and located internal to the
subdivision or development may be allowed subject to the approval of the
Words ..... '- '" ...... a are deleted, ~ords underlined are added.
35
planning services director, or his designee. Such signs shall onlv be used to
identi~' the location or direction of approved uses such as models or model
sales centers, club house, recreational areas, etc. These signs may be cjustered
together to constitute a sign with a maximum area of 24 square feet and a
maximum height of eight feet. Such cjustered signs shall require a building
permit. For signage to be located alone the Golden Gate Parkway see division
2.2, section 2.2.21.1 and 2.2.21.6.2.
2.5.5.1.6.
On-premises signs within residential districts. Two ground signs with a
maximum height of 8 feet or wall residential entrance or gate signs ma)' be
located at each entrance to a multi-family, single-family, mobile home or
recreational vehicle park subject to the following requirements:
Such signs shall contain only the name of the subdivision, the insignia
or mono of the development and shall not contain promotional or
sales material. Said signs shall maintain a 10 4--5-foot setback from any
property line unless placed on a fence or wall subject to the restriction
set forth in section 2.6.11.
The ground or wall signs shall not exceed a combined area of 64
square feet. and shall not exceed the height or length of the wall or
gate upon which it is located.
2.5.5.1.7.
Conditional uses within the residenlial and agricultural districts.
Conditional uses within the residential district are permitlcd one wall
sign with a maximum of 32 square feet. Comer lots are permitted two
such wall signs.
Conditional uses within the agricultural district in the urban area,
residential and estates districts with a street frontage of 150 feet or
more and a land area of 43,560 square feet or larger are permitted a
ground sign with a maximum height of 8 feet with a maximum area
of 32 square feet.
Bulletin boards and identificauon signs for public, cnaritabie,
educalional or religious institutions located on the premises of said
ii'.;lit~.~ti,.ns al,,i nv~ exceeding '. 2 stlu:.re feet in si/,:. (No bulicti,g
permit required.)
2.5.5.2.
The Board of County Commissioners may approve additional signage
as may be deemed appropriate during the conditional use approval
process.
Signs within non-residential ,ti~';ricts:
Design criteria and Um~tied slgn plan. Where multiple on-premise signs are
proposed for a single site or project, or in the case of a shopping center or
multi-use building, a unified signage plan shall be employed. An application
for site development or site improvement plan approval shall be accompanied
by a graphic and narrative representation of the unified signage plan to be
,~:ili: c,~ ,m tl~: si~:e, l'he tmified si~gn__plan must be _a, pp!icd for _b_v._!2)e_pr,~_j,en~
~v,'ncr or his or her authorized agent. 'l~c umt~ec, s~gn plan ~:,a~ I,c amended
and resubmitted for approval to reflect style changes or changing tenant
needs. Design elements which shall be addressed in both graphic and
narrative torm include:
(a) colors:
(b) construction materials and method:
ords ...... : ...r:"g.. are deleted, words underlined are added.
36
(c) architectural design:
(d) illumination method;
(e) copy style:
(f)
sign type(s) and location(s); and.
No wall sign shall exceed 80 percent of the width of the unit(s) or the
building occupied by a business with a minimum of ten percent clear
area on each outer edge of the unit(s)or the building;
No .... ' aign ou.. ..... a on per:eat ,~f the '";a'~ ~c+~ ....
occupied by a business with a minimum cf ten percent clear
All wall signs for multi-use buildings shall be located at a consistent
location on the building facade, except that anchor tenants may vary
from this locational requirement in scale with the anchor's larger
primal/facade dimensions. All signs shall adhere to the dimensions
provided for in the unified signage plan: and
Monument signs shall contain an architecturally finished base of not
less than 24 inches in height. The remainder of the sign must contain
architectural desiRn features, including colors and/or materials
common to those used in the design of the building the sign is
accesso~ to A minimum 100 square foot planting area shall be
provided arc und the base of an}' monument sign. consistent with the
provisions of division 2.5. of this code (see" ....... ;~" ~a ~'=~ .... *
Iljustrntlon 16
A~A ITim¢
DEC 15 1999
The F. eight of the monument sign may not exceed 3 times the width or
,,'ice-versa.
The sign shall not be in the shape ora logo and a graphic logo shall
not occupy more than 20 percent of the s!gn area and shall not
Words :tr::zk through are deleted, words underlined are added.
37
protrude from the sign. For the purpose of this ssection, the name of a
business shall not be considered a logo.
Monument signs located along arterial roadways shall have a
maximum overall area of 150 square feet all other signs shall have an
overall area of no more than 120 square feet. The overall area of a
sign shall be measured by drawing an imaginary rectangle from the
ground to the top of the sign structure. The area of this imaginary.
rectanele shall be considered the overall area of the sign.
2.5.5.2.1.1.
(m) The use of florescent colors is prohibited.
Ou:Farce!:. !n addition to the above requirements, unified sign p!~ns for
(b}
,x~, ar more. -^' tc
to 15 feel in height.
premise signs
plan fcr the
2.55.2.2.
Dc,,elopment standards.
'du x~m,'m !: wabie hei $ht Alt mu___nt~i__ne_n_~ si,_.,ns '~ hiSn non-
res~den;~al zoned districts :md as applica°le [o non-r,z~,identiai
designated portions of PUD zoned properties are limited to a
maximum height of 15 feet when located alone an arterial roadway
and 12 feet for all other roads eight feet. ~.--~v- ......... .... u. ~r w.- o.~,..o, or
.... ~ .... ; ....... ;a~a c ..... ;'~':- '~; ..... ;^" Height shall be
measured from the lowest centerline grade of the nearest public or
private R.O.W. or easement or the parking lot area to the uppermost
,>o.,-Iion c.t !}lC 51L'D 5'"
DEC 15 1999
2.5.5.2.3.
2. Minimum setback. All signs within non-residential zoned districts and
as applicable to non-residential designated portions of PUD zoned
properties shall not be located closer than -1-5- contain a setback from
all property lines which equals to the overall height of the sign with a
mini~!m_q~' l0 fce~ ,~mm-hSe .T~.:~t-v4me. unless otherwise noted
below ur as provi&d q~r :n sccti,.,n 2. i. I 3
3. The location of the permanent monument sign shall be shown on the
landscape plans ~see Sec. _".4.4.17.).
Real estate signs; The following signs classified as real estate signs shall be
permitted in non-residential districts subject to the following:
1. One ground sion with a maximum height of 10 feet or wall "For
Sale." "For Rent." or similar sign with a maximum area of twelve
Words :::-.::k :hm-'-'gh are deleted, words underlined are added.
38
square feet in size per street frontage for each parcel, or lot less than
one acre in size. (No building permit required.)
One ground sign with a maximum height of 1 0 feet or wall "For
Sale." "For Rent," or similar sign. with a maximum 32 square feet in
size, per street frontage for each parcel, or lot one to ten acres in size.
(No building permit required.'}
One ground sign with a maximum height of 44 10 feet or wall "For
Sale." "For Rent," or similar sign. with a maximum of 64 square feet
in size. per street frontage for each parcel or lot in excess often acres
in size.
Real estate signs shall not be located closer than 44 10 feet from any
property line. In the case of undeveloped parcels where the existing
vegetation may not allow the location of the sign 44 10 feet from the
property line, the planning services director may allow a reduction in
the amount of the required setback however, in no case shall said sign
be located closer than five feet from any property line unless
authorized by the board of zoning appeals through the variance
process.
Real estate signs shall be removed when an applicable temporary use
permit has expired, or within seven days of any of the following
conditions: ownership has changed: or. the property is no longer for
sale. rcDI or lease.
2.5.5.2.4.
A sign advertising that a property has been sold or leased shall not be
displayed for more than 30 days after it is erected.
Construction signs. All supports for such signs shall be securely built.
constructed, and erected and shall be located on the site under construction
and no closer than 4-5_' 1Ofeet from an,', property line. and subject to the
following:
One ground sit, n with a maximum height of 10 feet or wall sign, with
a maximum of 12 square feet. ma',' be used as a construe:ion sign by
the gene-al contractor of ~he dcvc!upmen! or as a permit buo, rd.
each front yard for each parcel less than one acre in size. tNo building
permit required. )
One ground sign ~ith a maximum height of 10 feet or wall sign, with
a maximum of 32 square feet in size, may be used as a construction
sign by the general contractor of the development or as a permit
board within each front .~ ard for each parcel one to ten acre in size.
One pole ground sign with a maximum height of 44 10 feet or wall
sign. with a maximum of 64 square feet in size, ma,,' be used as a
construction sign by the general contractor of the development or as a
permit board, within each front yard for each parcel in excess of 10
ac~es in size.
One ground or wall sign, with a maximum of 4 square feet in size,
may be used as a construction sign by each contractor, lending
institution, or other similar compan5 involved with the development.
regardless of parcel size. [NPR No building permit required)
All construction signs must be removed prior to the issuance of
certificate of occupancy.
Words struzl: ,t, ..... ,~
...... ~.. are deleted, words underlined are added.
39
2.5.5.2.5.
2.5.5.2.5.1.
On-premise signs. On-premise --~= ~; .......... a sir. ns. monument siens.
projecting signs, wall signs, and mansard signs shall be allowed in all
nonresidentially zoned districts subject to the restrictions below:
Monument pole. signs. Single-occupancy parcels, shopping centers, office
complexes, business parks, or industrial parks having frontage of 150 feet or
more on a public street, or combined public street frontage of 220 linear feet
or more for comer lots. shall be permitted one monument pale er tv.'c ground
signs. Additional monument pole or ground signs may be permitted provided
that there is a minimum of a !,000 500-foot separation between such signs.
and all setback requirements are met. In no case shall the number of pale ar
...... .4 monument signs exceed two per street frontage. ~- addition, multiple
..... p .....p ....i ..... t. ~o ' .........
........ : ............ shcpp:ng sea:ers, a~ce complexes. ~-"¢; ....
~ ...................... : s n v.'i:h a m"~im"-'., size cf250 square feat for a
~, ........ ; ...... c .......... The monument sign shall contain the
name of the shopping center, office complex, business park or industrial park
and may contain a maximum of five t5) tenant names.
Maximum allowable sign area: 1OO 80 square feet for signs located
along arterial roads and 60 square feet for signs located on all other
roads, each pole or~.~..~.4 signs, cra maximum ~,..~,..~^~t':-~.4 ~,~
o.~,. ....... c.~. .... .~,: ....... ..... gro~t5:gns.' except' .~,,r~- approved dire~tcU
Setbacks: 44 same as the overall height of the si~,n with a minimum of
10 feet from all an-y property lines, public or private right-of-way, or
easement, unless other,aisc noted below or as provided for in section
located within t~e medi"~s of private streets cr casements, provided
bcandaries and public rig~: of ways and casement. "~d their Iczatic=
_~a ....; ......., ...... ~ ....; .......a ~ .... or as provided c.. in
The minimu~n 15 foot setback requirement may be administrativei3
reduced by a maximum often feet by the planning services director
upon submission of the administrative variance fee and a wxitten
request. However in no case the required setback shall be reduced to
less than 5 feet. The planning sen'ices director's decision to reduce the
required !5 fact setback shall be based on the following:
',vl,.cr: ,: .:. n % ccnloh.;t;at,'J that 'aithin thc ao.iaceni
way the area between the property line and the edge of
pavement is excessively wide and that the actual paved area is
unlikely to be widened to the extent that reduction in the
required setback will result in the sign being any closer than
30 feet to the edge of pavement:
Where duc to the existing site ,;onditions and improvements, it
can be demonstrated that adherence to the required minimum
required ~ fact setback will have a deleterious effect on the
safety of users of the site from the perspective of vehicular
parking and vehicular and pedestrian ingress and egress:
c)
Where due to the nature and-location of existing landscape
features and/or specimen trees, it would be prudent to allow
Words ~'*[' .k .....,
............. ~h are deleted, words underlined are added.
40
for a reduction in the required setback so as to most
appropriately locate the sign structure: or.
d~
The extent of the reduction is the minimum amount necessary.
to provide relief from the applicable conditions cited above.
DEC I5 !
/77
2.5.5.2.5.2.
The maximum size limitation shall apply to each structure. IMonument
,r~v,, ......... v, ~,,v,,.-a signs may, be placed back to back, side by side, or in
V-type construction with not more than one display on each facing fo_ir
a maximum of two display areas for each V-type sign, and such sign
structure shall be considered as one sign.
Spot or floodlights shall be permitted only where such spot or
floodlight is non-revoMng and said light shines only on the owner's
premises or signs and away from any' right-of-way.
II'alL mansard, canopy or awning signs. One v, all. mansard, canopy or
awning sign shall be permitted for each single-occupancy parcel, or for each
estab}ishment in a multiple-occupancy parcel, end units ~ ithin shopping
centers, or single occupancy parcels where there is double frontage on a
public right-of-way, shall be allowed two signs, but such signs shall not be
placed on one wall. In addition, outparcels within shopping centers may by
allowed one additional sixty square feet wall sign facing the shopping center
if the additional sign is not oriented towards any public right-of-way. In no
case the number of wall signs for an outparcel can exceed 2 signs. Retail
businesses with a floor area of larger than 15.000 square feet and a front wall
length of more than 200 linear feet. are allowed three wall signs: however, the
o,r,bined area of ~hose sig~s sN'tl not exceed the maximum allo~ able
dispi,O area lor signs b> this code.
t'hc maximum ailo',,-a~: I,: d~?!ay ~trea ior signs shal', not be mote that
15 ~ percent of the total square footage of the x isual Ihcade of the
building to which the sign will be attached and shall not. in any case.
exceed 150 ~ square feet in area for any sign.
Prq/ecting signs. Projecting signs may be substituted for wall or mansard
signs provided that the display area of the projecting sign shall not exceed 60
square feet of display' area.
Projecting s~gns shall not project more :hun four feet from the
building wall to which it is attached.
Projecting signs shall not extend above the roofline of the building to
which it is attached.
3. Projecting signs shall not project into the public right-of-way.
4. Projecting signs which project over any pedestrian way shall be
elevated to a mimmum height of eight feet above such pedestrian
way.
Under-canopy signs. In addition to any other sign allowed by this code, one
under-canopy sign shall be allowed for each establishment in a shopping
center. This sign shall not exceed six square feet in area and shall be a
minimum of eight feet above finished grade. Under canopy signs do not
Words :truck through are deleted, words underlined are added.
41
require a building perrait unless the sign is equipped with an electrical
component.
2.5.5.2.5.5.
Signage for automobile service stations: The followings are the only signs
allowed in automobile services stations and convenience stores with gas
pumps.
(a)
Window Signs ^~., ~;g_r ok .... ;-g,k~ k,,;,4;,g ~,4a .... k ......c
are pe..-'m, itted as allowed in Sectton ,.>.6.1.> of tNs Code.
(b)
An illuminated corporate logo with a maximum area of twelve (12)
square feet shall be allowed on a canopy face which is adjacent to a
dedicated street or highway. Otherwise, accent lighting and back
lighting is prohibited on canopy structures.
(c)
D~ ~: ......... ~a,:,~,~ ~, .......... One (I) ground sign shall be
permitted for each site and shall be placed within a 200 square foot
landscaped area. Height is limited so that the top edge of the sign face
is less than eight (8) feet above grade. Maximum permitted area :7-0 60
square feet.
!!k:'minated s _Signage. logos, advertising and information is
prohibited above gas pumps.
Wall signs: as allowed in Section 2.5.5.2.5.2. of tills Code.
2.5.5.2.5.6.
(f) Directional signs: as allowed in Section 2.5.6.2. of this Code.
Signs within planned unit developments (PUDx). Pursuant to the purpose and
intent of this division, creative, flexible and uniform comprehensive sign
plans providing for size, location, type, and common architectural design
standards~ are encouraged within all PUD zoning districts, and specifically
required tbr PUDs containing in a commercial component. Sign classes and
sizes lbr planned unit developments should be the same as the standards
found within this code for the zoning district the development most closely
rose nhles, u,~ess quch pla~nod unit deve!c~pmenlg have ¢c~mpr,~bensiv~~ sign
>mnda~ i- co:.:ai,:e:5 in t[,e P{J!5 t
DEC 15 1929
2.5.5.2.5.7. Flags. Residential properties that have been issued a certificate of occupancy
may display up to three non-commercial flags. Three non-commercial flags
may be displayed at the entrance of a commercial, office, industrial or
residential development. Where these developments have multiple entrances.
any entrance ma,',' have up to three flags each, provided: the development is at
least ten acres in 4ze, any entrance '~'ith flags i~ providin~ ingress/egress only
c,i'f a roadxstO that is designated a collector or al,trial in rye trat'fic clement
the growth management plan. and all entrances with flags are at least 300 feet
apart. Four additional flags may be displayed within a development provided
the flags are not visible to motorists along any frontage roadways. The four
internally displayed flags may be increased by up to eight additional flags
maximum total of 12 flags with the amount of the proposed increase to be
determined b~ tl~e F!ar, ning serv:ces director, provtded: all proposed fl.qgs
,.vt;txid not b~ visible :o motorists along any frontage roadways and the
planning services director determines that the display of the extra flags is
essenli?l to the theme and design of the de',elopment.
All flagpoles with a height in excess of 15 feet above finish grade or
that extend more than ten feet from any building that they are attached
to shall be subject to the building permit process. As a condition of
permitting, the flagpole foundation or attachment shall be designed by
a Florida registered engineer on a signed and sealed drawing showing
Words gr.--ct: :5."v"gh are deleted, words underlined are added.
42
construction details and maximum flag area that is supportable.
Certified designing and sealing shall not be required where flagpoles
are located at a distance exceeding their height plus five feet from all
structures (except those designed solely for storage), property
boundaries, utility lines and poles, and pedestrian/vehicular
accessways and roadways open to the general public or the residents
of that community.
On single-family or duplex lots flagpoles shall not exceed 30 feet in
height above finished grade. For all other residential zoned parcels.
flagpoles shall not exceed 35 feet in height from the finished grade or
extend more than 20 feet from any building to which they are
attached. In the estates, agricultural or conserYation districts flagpoles
shall not exceed 35 feet in height above finished grade. In all other
zoning districts, flagpoles shall not exceed 50 feet in height from the
finished grade, nor extend more than 20 feet from any building to
which they are attached, nor shall the width of the flag exceed 30
percent of the length of the pole to which it is attached.
All flags in all zoning districts shall have a minimum of 5 foot setback
from all property lines.
2.5.5.2.5.8.1.
Temporao' signs. The erection of any temporary sign shall require permitting
as established within section 2.6.33 unless otherwise indicated herein.
Applicants for temporaD' sign permits shall pay the minimum tee established
for said permit. Temporary signs shall be allowed subject to the restrictions
imposed by this section and other relevant parts of this code.
Political signs. Political campaign signs and posters shall be permitted
subject to the tbllowing requirements:
Prior to the erection, installing, placing, or displaying of a political
sign a bulk temporaD' permit shall be obtained. The permit number
shall appear on eyeD' sign or on the pole supporting the sign. The fee
for said bulk permit shaii he .ts adopted by r'._~oimion b.~ the board of
count>' commissioners.
i'h litic il campai:m sib~s ,~r postc: ~ ,,vithin residenually zo,~ed or ,~scd
property shall not exceed Ibur square feet in size. and shall not be
located closer than five feet to an>' property line. Political signs placed
within residential districts shall require written permission from the
property o,xmer.
Political campaign signs or posters will be permitted in all other
· on!nj, dislr'~'.s within a maximum cop> area of 40 square feet per
sign. and shal', be located no closer :hah 4.$ lOt'em to any pr~l,crt)
line. The number of such signs shall be limited to two signs for each
lot or parcel per bulk permit issued for each candidate or issue.
All supports shall be securely built, constructed and erected to
conform with the requirements of this code.
DEC 15 I::,9
,,.. 1.77_
'[he maximum height ofm~y polittcal campatgn sign or poster, except
those that may be affixed to a wall. shall be limited to eight feet.
Political signs shall be erected not more than 60 calendar days prior to
an election or political event, and shall be removed within seven
calendar days after the election, event, or after the campaign issue has
been decided.
ords ............w, are deleted, words underlined are added.
43
2.5.5.2.5.8.2.
Grand opening signs. An occupant may display an on-site grand opening sign
not exceeding 32 square feet. The banner sign shall be anchored and may be
displayed on-site for a period not exceeding 14 days within the first three
months that the occupant is open for business.
2.5.5.2.5.8.3.
2.5.5.2.9.
2.5.5.2.5.9.1.
2.5.5.2.5.10.
Special events signs. A special events sign not exceeding 32 square feet in
size may be displayed to announce or advertise such temporary uses as fairs,
carnivals, circuses, revivals, sporting events, or any public, charitable.
educational event. Such sign shall be located no closer than -t4 10 feet to any
property line. Such signs shall require a building permit.
Special purpose signs (on-site). Due to the unique and varied nature of the
following uses. additional signs ma.,,' be required to provide the desired level
of service to the public. Special purpose signs shall be permitted as follows:
Time and temperature signs. One time and temperature sign having a surface
area not exceeding 12 square feet shall be permitted at each industrial,
commercial or other non-residentially zoned property. Such signs may be
affixed to the structure oravu.~ ......... v. e.w..~'~ monument sign. Such sign shall
require a building permit.
Commercial, business park and industrial directional or identification signs.
Directional or identification signs no greater than six square feet in size and
four feet in height, and located internal to the subdivision or development and
with a minimum ~etback of I__Q 44' feet. may be allowed subject to the
approval of the community development and environmental serx ices
administrator, or his designee. Such sign shall only be used to identify the
location or direction of approved uses such as sales centers, information
centers, or the individual components of the development, directional or
identification signs maintaining a common architectural theme maybe
combined into a single sign not to exceed six feet in height and 64 square feet
in area. Such signs shall require a building permit. For signage to be located
along the Golden Gate Parkway, see division 2.2, sections 2.2.21.1 and
2.2.21.6.2 and the Golden Gate Master Plan. Logos on all directional signs
shall not exceed 20 percent of thc sign area. Logos shall not occupy more
than 20 percent of the directional sien area when the said sign is more than
.;_ix_- ~,~:are feet in 3.rc~,: ~)~i.~,_:3~on__al ~i.~ns ~re also st,;;,_e,?Lto__r~tr_1,.:!,_o!~s ?.~'
Section 2.5.0.2 ol th~s Cude.
On-premise signs within agricultural districts in the rural agricultural area
designated on the Future Land Use Map. 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:
2.5.5.2.5.11.1.
One pole or ground sign identifying the farm organization, located at the
entrance or gate of each street frontage, and only for permitted agricultural
uses. The maximum allowable sign area for each pole or ground sign shall
not exceed 100 square feet with a maximum height not exceeding 20 feet. and
shall be located a minimum of 15 feet from any property lines, public or
};: ivate righ~-ol:~ ax' or e:,sement.
2.5.5.2.5.11. I. 1. On premise signs within agricultural district in the urban area shall comply
with the requirements Of Section 2.5.5.3.2. of the Land Development Code.
2.5.5.2.5.11.2. Seasonal farm signs (on-site). One temporary, pc!,: ar ground sign with a
maximum height of 10 feet, and shall be located a minimum of I0 feet from
any property line. public or private right-of-way or eastement, identifying the
farm. thrm organization, entrance, or gate not exceeding 40 square feet in
area. This sign shall be used to identi~' temporary agricultural offices so as to
expedite the exportation of crops to various parts of the county. Such signs
Words zt.".::k :hr~"gh are deleted, words underlined are added.
44
shall be permitted for a period not to exceed 30 days and may be issued only
twice in any calendar year. Such signs shall require a building permit.
2.5.5.2.5.11.3. U-Pic signs. One U-Pic sign located at the entrance on each street frontage.
The maximum allowable sign area for each U-Pic sign shall not exceed 32
square feet in area and a maximum height of 10 feet, and shall be located a
minimum of 4-5 10 feet from any property line, public or private right-of-way
or easement.
........ 5.11.4.
l~' all. mansard canopy or awning signs within agricultural districts. Wall,
mansard, canopy or awning signs shall be permitted within agriculturally
zoned or used property, for agri-commercial uses defined within the Collier
County zoning ordinance only, and subject to the following restrictions:
One wall or mansard, canopy or awning sign shall be permitted for
each principal use structure on the parcel. Comer parcels or double-
frontage parcels shall be allowed one sign per street frontage, but such
signs shall not be combined for the purpose of placing the combined
area on one wall. The maximum allowable display area for any sign
shall not be more than 15 2-0 percent of the total square footage of the
wall to which it is affixed, and shall not in any case exceed 150 ~
square feet in area per sign.
2.5.5.2.5.12. Q/J-premises directional signs. Off-premises directional signs are permitted
subject to review and approval of the design and location of such signs bv the
commumty development and environmental services administrator, or his
designee, if the following retirements are met:
Off-premises directional signs shall only be permitted in
nonresidentially zoned, or agricultural districts.
No more than two one sided or one double sided off-premise
directional signs shall be permitted, identi~'ing the location and
nature of a building, structure, or use which is not visible from the
arterial roadway serving such building, structure, or uses. provided:
1. Each sign is not more than 12 square feet in area.
l'he sign is not more than eight feet in height above the lowcs~
center grade of the arterial roadway.
The sign is located no closer than -I--5 1._Q_0 feet to any property
line.
The applicant must submit with the permit application
notarized, written perwission from :.he pmpc-t)' o~ner where
the of£-site sign is located.
The sign shall only be located within 1.000 feet of the
intersection of the arterial roadway serving the building,
structure, or use.
DEC 15 1- 99
,,,._/F--/_
2.5.5.2.5.13.
Off-premises directional signs shall not be located closer than.
50 feet from a residentially zoned district.
Off-premises directional signs shall not be located closer than
100 feet from another off-premises directional sign.
Illuminated signs. All illuminated signs shall have electrical components,
connections, and installations that contbrm to the National Electrical Code.
and all other applicable federal, state, and local codes and regulations.
Words ,:,.':"ack thraugh are deleted, words underlined are added.
45
Further. lighted signs shall: be shielded in such a manner as to produce no
glare, hazard or nuisance to motorists or occupants of adjacent properties: not
be reflective or phosphorescent: have a steady nonfluctuating or
nonundulating light source.
Sec. 2.5.6.
Signs exempt from permitting. In addition to those signs identified elsewhere
in this code, the following signs are exempt from the permit requirements of
this code. and shall be permitted in all districts subject to the limitations set
forth below:
2.5.6.1.
Signs required to be maintained or posted by law or governmental order, rule,
or regulation.
2.5.~.2.
On-premises directional signs, not exceeding six square feet in area and four
feet in height, intended to facilitate the movement of pedestrians and vehicles
within the site upon which such signs are posted. 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. Directional signs are also subiect to restrictions of
Section 2.5.5.2.5.10. of this Code.
One identification sign. professional nameplate, or occupational sign for each
professional office, or business establishment not to exceed two square feet in
sign area and placed flush against a building face or mailbox side. and
denoting only the name of the occupant and. at the occupant's election, the
occupm~t's !~rofession or specialty and/or the street address of thc premise.
2.5.6.4.
Memorial plagues, cornerstones, historical tablets, and similar types of
commemorative signs when cut into any masortD' surface or when constructed
of bronze or other noncombustible materials.
2.5.6.5.
"No Trespassing," "No Dumping," or other prohibitoD' or safety type signs,
provided each sign does not exceed three square feet in size.
2.5.6.6.
One ground or wail "For Sale." "For Rent." or similar sign per street frontage
tbr each parcel, or lot less than ten acres in size.
~.5.67.
()::e ~,r~-i_,renSses sign lot ::loc;el bot'n~:~, appro',cd m con.iaa, ti,m ,, ith a
temporary use permit in any zoning district.
2.5.6.8.
One on-premises open house sign not to exceed four square feet in size. Such
sign shall not be located within 44 I_.Q_O feet of any property line. right-of-way or
access easement.
Bulletin boxds and identification signs for public, charitable, educational or
relig~,?.; restitutions located on the premises of said institutions and not
exceeding 12 square feet in size.
DEC 15
Pi.
2.5.6.10.
2.5.6.11.
2.5.6.12.
2.5.6.13.
Signs located on fences or walls surrounding athletic fields, or within sports
arenas, stadiums and the like, not to exceed 32 square feet in size, per sign.
Signs shall be oriented along the fence or wall to face the field(s) or playing
~re?. and ax~ax ?rom an,,' adiacenl p'~b!ic or nr~v?te ~oaos
Traffic control and safety signs or other municipal, county, state or federal
signs, legal not~ce~, railroad crossing signs, danger signs and such temporary
emergency signs when erected by an appropriate authority.
\Vindow merchandise displays which are changed on a regular basis, meaning
no less frequently than ever3., 30 days.
Window signs not exceeding 25 percent of each window area.
Words ,z:v,:ck :Ercxgh are deleted, words underlined are added.
46
2.5.6.14.
Signs located at the entrance drive of residences located upon 2.25-acre lots or
greater, displaying the name and address of the resident and not exceeding four
square feet in area.
2.5.6.15.
Flags. or insignias of governmental, religious, charitable, fraternal or other
nonprofit organizations when displayed on property owned by or leased to said
organization. Non-commercial flags that will be flown on a flagpole that does
not exceed 15 feet in height above finish grade or extend more than ten feet
from any building they are attached to. are allowable if the number of flags
displayed does not exceed those described in section 2.5.5.2.3.8 and the
flagpoles do not require a certified design or be sealed by a Florida registered
engineer as described in section 2.5.5.2.3.8.
2.5.6.16.
Advertising and identifying signs located on taxicabs, buses, trailers, trucks, or
vehicle bumpers, provided such sign does not violate section 2.5.7 of this code.
2.5.6.17. Religious displays that do not constitute advertising.
2.5.6.18.
Painting, repainting or cleaning without modifying th eexisting sign copy or
design of an advertising structure, or changes which are determined bv the
Planning Services Director to be less than a substantial improvement.
2.5.6.19.
Cop3' changes for shopping center, theaters, billboards or marquees that have
routine changes of copy, or are specifically designed for changes of copy.
2.5.6.20.
One ground or wall sign may be used as a construction sign by the general
contractor of the development, within each front yard for each parcel less than
ten acre in size
2.5.6.21. TemporaD' signs in conjunction with an approved temporary,' use permit.
Sec ..... 7.
Prohibited signs. It shall be unlawful to erect, cause to be erected, maintain
or cause to be maintained, any' sign not expressly authorized by, or exempted
from f,~:.s code. The ~.oilowing sim:s are expressly p~ohibited:
Signs which are in violation r,f the building code or electrical code adopted
b,. Coilicr County'.
2.5.7.2. Abandoned s~gns.
2.5.7.3. Animated or activated signs, except time and temperature signs.
2.5.7.4. Flashing signs or electronic reader boards.
2.5.3 5. Ro~a:mg signs <~r displays.
Illuminated signs in any residentially zoned or used district, except residential
identification signs, residential nameplates, and street signs that are
illuminated by sofi or muted light. Nonresidential uses within residentially
used or zoned districts by conditional use, PUD ordinance, or as otherwise
provided lbr within thc zomng ordinance, shall be allowed the use ~f
,:~aminated s~gns, subject to thc app~:~ al of thc community sery~ces
administrator or his designee.
2.5.7.7.
2.5.7.8.
Signs located upon, within, or otherwise encroaching upon county or public
rights-of-way, except as may be permitted under the provisions of Ordinance
[No.] 82-91. as amended, and those erected by a governmental agency or
required to be erected by a governmental agency.
Billboards.
Words ::r:::k :.".rz"g.". are deleted, words underlined are added.
47
2.5.7.9.
2.5.7.10.
Strip lighted signs.
Neon type signs except non-exposed neon siens covered with an opaque or
translucent shield which will prevent radiation of direct light within all
commercial and industrial districts.
2.5.7.11. Roof signs.
2.5.7.12. Portable signs.
2.5.7.13.
Signs which resemble any official sign or marker erected by any
governmental agency, or which by reason of position, shade or color, would
conflict with the proper function of an,,,' traffic sign or signal, or be of a size.
location, movement, content, color, or illumination which may be reasonably
confused with or construed as, or conceal, a traffic control device.
2.5.7.14.
_.>.7.15.
Signs. commonly referred to as snipe signs, made of any material whatsoever
and attached in any way to a utility pole. tree. fence post, stake, stick or any
other object located or situated on public or private property, except as
other~'ise expressly allo~ed b}, or exempted from this code.
Wind signs (except where permitted as part of section 2.5.5 and 2.5.6 of this
code).
2.5.7.16.
Any sign which is located adjacent to a county right-ot:~ay within the
unincorporated areas of the county which sign was erected, operated or
maintained without the permit required by section 2.5.12 having been issued
by the community development sen'ices administrator or his designee shall
be removed as provided in section 2.5.7. Such signs shall include but are not
limited to structural signs, freestanding signs, [and] signs attached or affixed
to structures or other objects.
An.',' description or representation, in whatever form, of nudity, sexual
conduct, or sexual excitement, when it:
I'., ns,entlv off.ex six
~oie with r,_'specI tc whal
,.>.7.I
2.5.7.18.
Taken as a whole, lacks serious literar}', artistic, political, or scientific value.
.... : sign ........Beacon lights
2.5.7.19.
2.5.7.2u.
2.5.7.21.
· 5 7.?
Any sign which [- emits audible sound, vapor, smoke, or gaseous matter.
An~,' a~gn ~ rich (:~ obstructs, conceals, h.,les, or otner~ ise obscures from
view any official traffic or government sign, signal, or device.
Any sign which g employs motion, has visible moving parts, or gives the
illusion of motion lexcluding time and temperature signs).
5nv__sq-,n whic_h_; _is erected cs' ~naimained so as to obstruct ~,n) firc*Sghting
equipment, v, indov,, doot, or opening used as a means of ingress o~ egress for
fire escape purposes including any opening required for proper light and
ventilation.
2.5.7.23.
Any si¢,n which C- c_.onstitutes a traffic hazard, or detriment to traffic safety by
reason of its size. location, movement, content, coloring, or method of
illumination, or by obstructing or distracting the vision of drivers or
pedestrians.
~ords .............e., are deleted, words underlined are added.
48
2.5.7.24.
Signs mounted on a vehicle, be it the rool: hood. trunk, bed. and so on. v, here
said sign is intended to attract or may distract the attention of motorists for
the purpose of advertising a business, product, service, or the like. whether or
not said vehicle is parked, or driven, excluding emergency vehicles, taxi cabs,
and deliveD' vehicles, x~here a roof mounted sign does not exceed two square
feet. This section shall not apply to magnetic type signs affixed to or signs
painted on a vehicle, provided said vehicle is used in the course of operation
of a business, and which are not otherwise prohibited by this code. It shall
be considered unla, fful to park a vehicle and/or trailer with signs painted,
mounted or affixed, on site or sites other than that at which the firm, product,
or service advertised on such signs is offered.
2.5.7.25.
Uses flashing or revolving lights, or contains the words "Stop," "Look,"
"Danger." or any other words, phrase, symbol, or character in such a manner
as to interfere with, mislead, or confuse vehicular traffic.
2.5.7.26.
An3 sign which advertises or publicizes an activity not conducted on the
premises upon which the sign is maintained, except as otherwise provided for
withit~ this code.
2.5.7.27.
No sign shall be placed or permitted as a principal use on any property, in any
zoning district except as follows: U-Pic signs, political signs or signs
approved by tempora~j permit pursuant to the time limitations set lbrth
herein.
2.5.7.28. inflatable signs.
2.5.7.29
S~. 2 ~.8.
Accent lighting as defined in this code.
Termination of prohibited signs. All signs expressly prohibited by section
2.5.7. and their supporting structures, shall be removed within 30 days of
notification that the sign is prohibited by the Collier County Code
Enforcement Director, or his designee, or. within 30 days of the end of the
amortization period contained in section 2.5.9. or, in the alternative, shall be
~,ltered so that thc) no longer x iolate sect:or. 25." Billboard:, with an original
cost of $100.00 or more. and which have been legally permitted, shall be
Ire?ted as r'onc(,ntbrming <igns and ~-emovcd p. ursuant to ~ection 25.9.3.
Sec. 2.5.9. Nonconforming signs.
Existing signs not expressly prohibited by this code and not conforming to its
provisions shall be regarded as nonconforming signs.
2.5.9.1.
The following signs, and sign structures shall be removed or made to
conforrn t~ this code within 90 days from the effective date ~hereof.
2.5.9.1.1. Signs made of paper, cloth or other nondurable materials.
2.5.9.1.2. Temporary signs.
2.5.9.1.3.
Thosesignsdescribedinsections2.5.6.7.2.5.6.13,2.5.6.14,2.5.6.17. and
2.5.6.1~.
2.5.9.1.4.
2.5.9.1.4.1.
All non-conforming on-premises signs, and sign structures having an original
cost or value of $100.0(~ or more max' be maintained until Januarx 1 2005, at
which date all non-conforming on-premises signs and sign structures must be
made to comply with the requirements of this code or removed except as
provided below:
Non-conformin~ on-premises signs that exceed the maximum height or area
limitation of this Code by ten f 10) percent or less may be considered to be a
Words :..':".::k :.".rcug~ are deleted, words underlined are added.
49
2.5.9.2.
2.5.9.2.1.
2.5.9.2.2.
conformin~ sign and need not be removed or altered, but if such signs are
replaced or structurally altered they shall conform to all requirements of this
Code.
Nonconforming off-premises signs. All nonconforming off-premises signs.
and sign structures having an original cost or value of $100.00 or more may
be maintained for the longer of the following periods:
Two years from the date upon which the sign became nonconforming under
this ordinance.
A period of three to seven years from the effective date of this ordinance,
according to the amortization table below.
Sign CostValue Pertained Years from
Effective Date of
this Amendment
5; 100.00 to $1.000.00 3
S 1.001.00 to $3,000.00 4
S3.001.00 to S I 0.000.00 5
More than $10.000.00 7
DEC 1 5 1239
2.5.9.2.3.
Sec. 2.5.10.
2.5.10. l.
2.5.10.2.
2.5.10.3.
Any owner of an off-premises sign who requests an amortization period
longer than two years shall, within one ,~ear from the date of enactment of
these regulations, register the sign with the code enforcement director, or his
designee. The following information shall i-e provided at the time of
registration: the co~t or x alue. ~vhichever is greater, of the sign: thc date of
erection: or the cost or value and date of the hOSt recent renovation; a
pN,tograph of the sign or signs ann the:r st, Fpo~ir~ struc*ure, no~ !ess tl::m
fixe incl~es b, 5:xen roches in ~ize: and a ~iiuen agreemer: to remove the
sign at or before the expiration of the amortization period applicable to the
sign. The off-premise sign owner's signature shall be witnessed before a
notao' public on all requests for extended amortizanons. A registration fee of
$50.00 shall be paid at the time of registration.
Continuation of nonconforming signs.
~,tb_ic~'t t., die hmitati, 4% imposed b3 section .... ) ol tl;i~ code. a
nonconforming sign may' be continued and may shall be maintained in good
condition as required by this code. but shall not be:
Structurally or mechanically extended or altered to further the nonconformity,
except in cases where it has been determined that ~hcre exists imminent
dm:per to the pubhc .~ar'etv.
Repaired or rebuilt when destroyed or damaged to the extent of 50 percent or
more of its replacement value, except in conibrmity x~ith this code.
A nonconforming permanent on-premises or off-premises sign shall not be
replaced by another nonconforming sign except that substitution or
interchange of letters, on nonconforming signs shall be permitted through the
period of nonconformity established by this code.
ords ...... : ...rw'gh are deleted, words underlined are added.
50
2.5.10.4.
Continued in use when any land use to which the sign pertains has ceased for
a period of 90 consecutive days. or has otherwise changed.
2.5.10.5.
Nonconforming status shall not be afforded to any sign erected without the
required permit issued by the county, state, or any federal agency either
before or after the enactment of this code, or to any pre-existing signs which
have been illegally installed, constructed, placed or maintained.
2.5.10.6.
In the case of sign which would be permitted by. and conform to. the
regulations of this code, except that such signs violate the maximum height,
minimum setback from a property line, maximum sign area and other similar
development standards, the planning services director, or his designee, may
approve structural alterations upon written request, provided the sign and or
supporting structure is redesigned so as to remove one or more of the
nonconforming aspects of the sign.
Sec. 2.5.11. Variances.
The board of zoning appeals based upon the evidence given in public hearing;
and the findings of the planning commission should determine to the
maximum extent possible if the granting of the variance will diminish or
otherwise have a detrimental effect on the public interest, safety or welfare. A
variance from the terms of this zoning code may be granted based on the
requirements of section 2.7.5. or where it can be demonstrated that a sign has
significant historic or community significance, and pursuant to the criteria
and procedures set forth in section 2.75 of this code. In grm'~ting any
variance, the board of zoning appeals may prescribe the following:
Appropriate conditions and safeguards in conformity with this code or
other applicable county ordinances. Violation of such conditions and
safeguards, when made a part of the terms under which the variance is
granted, shall be deemed a violation of this code.
A reasonable time limit within which the action for which the
variance required shall be begun or completed or both.
Sec. 2.5.12. Permit applications.
_.;,. 1: !.
Oc,to'al. An>. person ~ish~ng to erect, place, rebuild, reconstruct, relocate,
alter, or chance the sign copy (,see section 2.5.5. tbr exceptions~ of any sign
shall apply for and receive a building permit in accordance with Resolution
91-642. prior to the commencement of any work. A building permit will be
issued by the community development services administrator, or his
designee, provided that all permit requirements of the code and all other
applicable provisions of Collier County's ordinances and regulations have
been E~ct
2.5.12.2.
Permit~fees. A building permit fee shall be collected pursuant to the fee
schedule set forth by resolution.
DEC 15 ' 999
Form. Every application for a building permit shall be in writing upon forms
to be furnished by the community development and environmental services
Application contents. In order to obtain a permit to erect, place, rebuild.
reconstruct, relocate, alter or chance the sign copy of any sign under the
provision of this code, an applicant shall submit to the building official a
building permit application which shall set forth in ~,ziting a complete
description of the proposed sign including:
Words ~::".::~: :hrgur, h are deleted, words underlined are added.
51
_.>.1_.4.1.
2.5.12.4.2.
2.5.12.4.3.
2.5.12.4.4.
2.5.12.4.5.
2.5.12.4.6.
2.5.12.4.7.
2.5.12.4.8.
2.5.12.5.
The name. address and telephone number of the: (a) owner and lessee of the
sign and (b) sign contractor or erector of the sign.
The legal description and the street address of the property upon which the
sign is to be erected.
The dimensions of the sign including height.
The copy to be placed on the face of the sign.
Other information required in the permit application forms provided by the
community development and environmental services administrator, or his
designee: including two copies of the site plan. elevation drawings of the
proposed sign and identification of the type. height, area and location of all
existine -~ ~; ......... ~ ~; ..... ~ '~: ....... freestanding signs on the
subject parcel.
Two blueprints or ink drawings, certified by a Florida registered engineer or
architect, of the plans and specifications and method of construction and
attachment to the building or the ground for all pale monument signs and all
projecting signs: and any ground sign over 32 square feet.
Wall signs, or any separate part thereof, which is to be affixed to a wall shall
be fastened flush with the surface with fasteners which shall have the capacity
to carry the full load of the sign or separate part thereof under wind load
conditions of the approved Collier Count,x Building Code Ordinance [Code §
22-106 et seq.], Flood Ordinance [Code ch. 62. art. II], and the Coastal
Building Zone Ordinance [Code ch. 22, art. VIII]. Any such sign or separate
part thereof which is not mounted flush with the surface and which weighs
more than 20 pounds shall have a Florida registered engineer design the
mounting or fastening system and depict the system on signed and sealed
drawings which shall accompany the permit application.
If the sign or sign copy is to be illuminated or electronically operated, the
technical means by which this is t,: bc accom?!ished.
The pem~iT number shall be displayed or :.."fixed at the hettom of*he sign face
and st~aJl have t!'~e ~atz~c ;itb expec,mzy a: the :,i~.,, ':.m:h pen:fit n~mber shal!
be clearly legible to a person standing five feet in front of the base of the sign
and in no case shall the permit number be less than one-half inch in size.
Expiration ofperrnir Building permits shall expire and become null and void
if the work authorized by such permit is not commenced and inspected within
six months from the date of issuance of the permit.
DEC !5
2.5.5.2.1.2.
Adherence to the unified signage plan: Requests for building permits for
permanent on-premise signs shall adhere to the unified signage plan, which
shall be kept on file in the community development and environmental
services division. Requests to permit a new sign, or to relocate, replace or
structurally al_te__r~an_ ~'si_sLin_g~ign sha!l be accompanied bv a unified sign plan
tbr__thg.'>t_~ldi!3g 9r_p._r.p.j,_-'qt_ [be_sign is :4_cces_sorx to Exisfine pennitted
may remain in placei however, all future requests tbr permits, whethcr for a
new sign. or relocation, alteration, or replacement of an existing sign, shall
adhere lo the unified sign plan for the property.
Sec. 2.5.13. Enforcement.
2.5.13.1.
General. No sign shall hereafter be erectedi placed, altered or moved unless
in confurmitv with this code. All signs located within Collier Coun¢' shall
comply with the following requirements:
Words ::."~:k :Erz"g~ are deleted, words underlined are added.
52
2.5.13.1.1.
The issuance of a sign permit pursuant to the requirements of this code shall
not permit the construction or maintenance of a sign or structure in violation
of an existing county, state or federal law or regulation.
2.5.13.1.2.
All signs for which a permit is required shall be subject to inspections by the
county manager administrator or his designee. The county mm:agzr
administrator, or his designee, is hereby authorized to enter upon any
property or premises to ascertain whether the provisions of this code are
being adhered to. Such entrance shall be made during business hours, unless
an emergency exists. The county manager administrator, or his designee, may
order the removal of any sign that is not in compliance with the provisions of
this code, is improperly maintained, or which would constitute a hazard to the
public health, safety, and welfare.
2.5.13.1.3.
The community development and environmental services administrator, or
his designee shall be charged with interpretation and enforcement of this
code.
2.5.13.2.
Enforcement procedures. Whenever. by the provisions of this code, the
performance of an act is required or the performance of an act is prohibited, a
failure to comply with such provisions shall constitute a violation of this
code.
2.5.13.2.1.
The owner, tenant, and/or occupant of any land or structure, or part thereof.
and an architect, builder, contractor agent, or other person who Mtowingly
participates in, assists, directs, creates or maintains any situation that is
contrary to the requirements of this code may be held responsible for the
violation and be subject to the penalties and remedies provided herein.
Where any sign or pan thereof violates this code. the compliance service
manager or his designee, may institute any appropriate action or proceedings
to prevent, restrain, correct, or abate a violation of this code. as provided by
law. including prosecution before the Collier County Code Enforcement
Board against the owner, agent, lessee, or other person~ maintaining the sign.
or ov. ner. or lessee of the land v.'here the sign is located.
ifa sign is in such condition az tc ~,e in dange~ of falling, o,~ i~ a menace to
the safety of persons or properly, or found to be an immediate and serious
danger to the public because of its unsafe condition, the provisions of section
2301.6 of the Standard Building Code. as adopted by Collier County shall
govem.
2.5.13.2.4.
Code enforcement shall immediately remove all violative signs located in or
upon public rights-of-way or public property.
2.5.13.2.5.
Penalties. If any person, firm or corporation, whether public or private, or
other entity fails or refuses to obey or comply with or violates any of the
provisions of this code. such person, firm, corporation, or other entity, upon
conviction of such offense, shall be guilty of a misdemeanor and shall be
punished by a fine not to exceed $500.00 or by imprisonment not to exceed
60 days in the county .jail. or both in the discretion of the court. Each
, io!ation or nonc~mpl,ance shall be c,:asiderea a separate and di,~Unct
offense. Further, each day of continued violation or noncompliance shall be
considered as a separate offense.
Nothing herein contained shall prevent or restrict the county from taking such
other lawful action in any court of competent jurisdiction as is necessary to
prevent or remedy any violation or noncompliance. Such other lawful actions
shall include, but shall not be limited to, an equitable action for injunctive
relief or an action at law for damages.
Words :track :~rcug?. are deleted, words underlined are added.
53
Further, nothing in this section shall be construed to prohibit the county from
prosecuting any violation of this code by means ora code enforcement board
established pursuant to the subsidiary, of F.S. ch. 162.
SUBSECTION 3.F: AMENDMENTS TO SUPPLEMENTAL REGULATIONS
DIVISION
Division 2.6.. Supplemental District Regulations, of Ordinance 91-
102, as amended, the Collier County Land Development Code. is hereby amended to read as
follov, s:
DIVISION 2.6. SUPPLEMENTAL DISTRICT REGULATIONS
Sec. 2.6.2. Accessory building and structures.
2.6.2.4.
Canopy Tents / Shades. Canopy tents/shades shall be permitted in residential
and Estates zoned areas in accordance with the side and rear setbacks for the
applicable zoning district. These structures are expressly prohibited on the
street side of the front wall of any structure or buildine in a residential zoning
district, including Estates zoning. A building permit shall be obtained for
these structures accompanied by a plot plan and is limited to one structure per
residential lot with a principal structure. Fhese structures shall consist of
metal poles supports with canopy tops and no sides. The maximum size of
these structures shall be 300 square feet, not to exceed 15 feet in height. The
use of these structures shall be for the storage/parking of recreational
vehicles, vehicles authorized in residential areas, and as a sun shade for
outdoor recreating. At no time shall these structures be used for any other
storage or be permitted with electrical or other utility connections.
Sec. 2.6.4. Exceptions to required yards.
2.6.4.1.10.
In commercial, industrial and multi-family residential developments, carports
which :ire op~en on alt si:les may eh:roach !n;o the re0uired xards provided
thc. do i~ot encroach int,~ tn,.' reqmred !~mdsc?.Dc b;~162rs, as required by tln/s
Code; and furthem~ore, if the landscaping is deficient v, here the carports are
proposed, the landscaping must be upgraded to comply with the LDC
requirements to the greatest extent possible prior to the issuance of a building
permit for said carports. This shall be accomplished by a Site Development
Plan amendment or a Site Improvement Plan approval.
2.6.4.3.
.[[;nor improvernent~ :o le,~ol ,onconforming structure.s located within .~
2.6.4.3.1.
Sec. 2.6.21.
2.6.21.1.
Where a structure was lawfully permitted within a residential zoning district
under a previous code. and where said structure is considered nonconforming
under the current land development code due to changes in the required front,
side or rear yards, the site development re:'ie,~' director may administratively
.:pi'rove a ~arim~cc to.- a', amok_mt equa~ to o~ tees th::r~ the extstine .~¥ont. ~de
and, or rear yard encroachment. Canopies, windowsills or other projections as
provided for within section 2.6.4.1 shall not be used in the calculation of
existing front, side and/or rear yard encroachments.
Dock facilities.
Individual or multiple private docks, including mooring pilings, davits, lifts
and the like are permitted to serve the residents of a development on ~
waterway lots. provided they do not protrude more than the respective
Words :.m:'zk :~rg::g~ are deleted, words underlined are added.
54
DEC
_
2.6.21.2.
2.6.21.2.1.
_.6.;1._.4
distances specified in sections 2.6.21.2. and 2.6.21.3, for such canal or
waterway. Docks and the like are primarily intended to adequately secure
moored vessels and provide safe access by users for routine maintenance and
use while minimally impacting the navigability of the waterway, the native
marine habitat, manatees, and the use and view of the waterway by
surrounding property owners. Permitted dock facility protrusions as well as
extension of dock facilities are measured from the property, line, bulkhead
line. shoreline, seawall, rip-rap line. or Mean High Water line, whichever is
more restrictive. On unbridged barrier islands, a boat dock shall be
considered a permitted principal use; however, a dock shall not, in any way,
constitute a use or structure which permits, requires, and/or provides for any
accessory uses and or structures. Boathouses and dock facilities proposed on
residentially zoned properties as defined in section 2.1.4 of this Code. shall
be considered an accessory use or structure. Boathouses shall be required to
be approved through the procedure and criteria in section 2.6.21.3 and
2.6.21.4.
In addition, any covered structure erected on a private boat dock shall also be
considered an accessory use, and shall also be required to be approved
through the procedures and criteria of section 2.6.21.3 and 2.6.21.4 of this
code
Dockfacili~. requirements and restrictions. The following criteria apply to
dock facilities and boathouses. Platted waterway width, where available.
shall be considered true waterwav width for the purposes of this section.
For lots on a canal or waterway that is 100 feet or greater in width, no
boathouse, dock facility/boat combination shall protrude more than 20 feet
into the waterway (i.e. the total protrusion of the dock facility plus the total
protrusion of the moored vessel).
For lots on a ca'ca! or waterway that is less than 100 feet in width, dock
facilities may extendJprotrude not greater than five feet into said canal or
waterway. No dock extension shall be granted to allow a dock facility/boat
combination to protrude more than 20 feet into the waterway andJor cause
less than a minimum of 50 percent of the platted cana! width of thc waterway
between dock structures/moored vessel(s) on the opposite side of ihe canal
..~ ~;[£r_:~ to i~ '.m,:,bstn,cted whid~ever is m,)rc restrictix e.
For lots on a canal v: waterway that is less than 70 feet in width, the dock
t'acility extension procedure identified in section 2.6.21.3 is not available (i.e..
such lots are limited to a five-foot dock facility).
All dock facilities on lots with water frontage of 60 feet or greater shall have
side setback requirement of 15 feet. except as provided in sections section
2.6.21 2.4.! or-~,6-.-.-.~ .-4 or as exempted below. Al! d;~ck £acililies (except
bcathouses) un lots with less than 60 feet of ~atcr frontage shall have a side
setback requirement of 7Vt feet. All dock facilities (except boathouses) on
lots at the end or side end of a canal or waterway having regular (linear)
water frontage shall have a side setback requirement of 7 I/2 feet as measured
from the side lot line or riparian line, whichever is appropriate. For p~:.T, cse~
e~,a-,e~.-4. ~.~e~. ~j 4m 3,,d ~i. le ~.xd-lo~ into the .c a~a! or '.~w,~,:, ~.~c-t4~
~,ffu:d[:ta:=:tff+v,~'~,~at~d bt,' the t':.(~ intersecting lots. [$cc E.'.hJb;.t At)
Riparian lines Isee Division 6.3 Definitions, Riparian line) for lots at the end
or side end of a canal or waterway with a regular shoreline are established bv
a line extending from the comer of an end lot and side end lot into the canal
or waterway bisecting equidistantly the angle created by the two intersecting
lots (see Exhibit A). Riparian lines for all otber lots should be established by
generallv accepted methods, taking into consideration the configuration of the
Words :..~.:zk thm'.'-gh are deleted, words underlined are added.
55
shoreline, and allowine for the equitable apportionment of riparian rights.
Such methods include, but are not limited to. lines drawn perpendicular to the
shoreline for reeular (linear) shorelines, or lines drawn perpendicular to the
centerline {thread) of the waterway, or perpendicular to the line of deep water
(tine of navigability or edge of navigable channelb as appropriate, for
irregular shorelines.
DEC 15
/7,0--
2.6.21.2.5.
2.6,21.2.6.
2.6.21.2.7.
2.6.21.2.7.1.
2.6.21.2,7.2.
2.6.21.2.7.3.
2.6.21.;.
All dock facilities, regardless of length/protrusion, shall have reflectors and
house numbers four inches minimum size installed at the outermost end. on
both sides. For multifamily developments, the house number requirement is
waived.
All dock facilities are subject to, and shall comply with. all federal and state
requirements and permits, including but [not] limited to the requirements and
permits of the Florida department of environmental protection, the U.S. Army
Corps of Engineers. and the U.S. Environmental Protection Agency.
Protection qfseagrass beds. Where new docking facilities are proposed or
boat dock extensions, the location and presence of seagrass or seagrass beds
within 200 feet of any proposed dock facility shall be identified on an aerial
photograph having a scale of one inch to 200 feet when available from the
county, or a scale of one inch to 400 feet when such photographs are not
available from the county. The location of seagrass beds shall be verified by a
site visit by the site development review director or his designee prior to
issuance of any projec~ approval or permit.
All proposed dock facilities shall be located and aligned to stay at least ten
feet l¥om any existing seagrass beds. except where a continuous bed of
seagrasses exists offthe shore of the property and adjacent to the property.
and to minimize negative impacts to seagrasses and other native shoreline.
emergent and submerged vegetation and hard bottom communities.
~ere a continuous bed of seagrasses exists off the shore of the property and
ad. iacent to the property the applicant shall be allowed to build a clock across
the seagrasses, or a docking facility w~thin ten teet of seagrasses. Such
docking t~cilities shall comply with the following conditions:
I. 'l he dock ~haii be at a height of at ~east 3.5 feet NGVD.
2. The terminal plattbrm of the dock shall not exceed 160 square feet.
3. The access dock shall not exceed a width of four feet.
The access dock and terminal platform shall be sited to impact the
The petitioner shall be required to demonstrate how negative impacts to
seagrasses and other native shoreline vegetation and hard bottom
communities have been minimized prior to an5' project approval or permit
issuance.
D~ck./bcili0 extcnsum' hoatho~c.'c 'vtahli.G~me~:t criteria. Additim, al
lengthyprotrusion beyond said respective distances specified in section
2.6.21.2.1 and 2.6.21.2.2 for dock facilities: and all boathouses, regardless of
the extent of thc protrusion into the ~aterway or the width of the waterway,
shall require public notice and a heating by the Collier County Planning
Commission. As to an), boat dock extension petition upon which the planning
commission takes action, pursuant to section 5.2.11 of this Code, an
aggrieved petitioner or adversely affected propem:' ovmer may appeal such
final action to the board of zoning appeals, except that such appeal shall be
Words :track :hrv,::g.5 a~e deleted, words underlined are added.
56
filed with the development sen'ices director within 14 days of the date of the
final action by the planning commission. The board of zoning appeals may
affirm, affirm with conditions, reverse, or reverse with conditions the action
of the planning commission. Such appeal shall be filed with the community
development and environmental sen'ices commission and shall be noticed/'or
hearing with the board of zoning appeals pursuant to the procedures and
applicable fee set forth in section 1.6.6 of this Code. The planning
commission shall base its decision for approval, approval with conditions, or
denial, on the following criteria:
2.6.21.3.1.
Whether or not the number of dock facilities or slips to be located on the
subject property is appropriate in relation to the length of waterfront property
available for the location of the proposed dock facilities.
Whether or not the water depth where the proposed dock facility is to be
located is sufficient to allow for safe mooring of the vessel, thereby
necessitating the extension request.
2.6.21.3.3.
Whether or not the proposed dock facility and moored vessel(s) in
combination may have an adverse impact to navigation within an adjacent
navigable channel.
2.6.21.3.4.
Whether or not the proposed dock design and moored vessel protrude greater
than 25 percent of the width of the na;'iga~!e canal waterway greater than 20
feet lbr boathouses, and whether or not a minimum of 50 percent of the
platted canal width of the ,aaterwav between dock structures/moored
vessel(s) on the opposite side of the canal waterway is maintained in order to
ensure reasonable waterway width f,or navigability.
_.6._1.3.5.
Whether or not there are special conditions related to the subject property or
waterway which justify the proposed dimensions and location of the subject
dock.
2.62!3.6.
\Vhether or not the proposed dock is of minimal dimensions necessary in
order to adcquateb secure thc moored ',essel while providing reasonabie
access to the boat for routine maintenance, without the use of excessive deck
are0
2.6.21.3.7.
Whether or not the proposed structure is of minimal dimensions to minimize
the impact of the view of the waterway by surrounding property owners.
_.6.,1.3.8.
Whether or not the proposed vessel is in excess of 50 percent of the length of
the water frontage such that the addition of a dock structure will increase the
impact on or negatively impact the view of the waterway by surrounding
propers'.' ,~wr, ers.
2.6.21.3.9.
Whether or not the proposed location and design of the dock/vessel
combination is such that is may infringe upon the use of neighboring
properties, including any existing dock structures.
2.6.21.3.10. Regarding existing benthic organisms in the vicinity of the proposed
extension.
DEC 15
_.6._1 ..~.11
(a)
Whether or not seagrasses are located within 200 feet of the proposed
dock: and
(b) Whether or not the proposed dock is subject to the manatee protection
requirements of this Code (section 2.6.22).
If deemed necessary based upon review oftbe above criteria, the planning
commission may impose such conditions upon the approval of an extension
Words si.rock thre-'-'gh are deleted, words underlined are added.
57
2.6.21.4.
request it deems as necessary to accomplish the purposes of this code and
protect the safety and welfare of the public. Such conditions may include, but
shall not be limited to. greater side setback(s), provision of lightts), additional
reflectors, or reflectors larger than four inches, and prohibiting or permitting
mooring on the outside of the dock facility.
Boathouse requirements: In addition to the criteria in section 2.6.21.3, the
following criteria shall apply to boathouses:
2.6.21.4.1.
2.6.21.4.2.
Minimum side setback requirement: 15 feet.
Maximum protrusion into wate~'ay: 25 percent of cra:al waterway width or
20 feet, whichever is less.
2,6.21.4.3.
Maximum height: 15 feet as measured from top of seawall or bank whichever
is more restrictive.
2.6.21.4.4.
2.6.21.4.5.
2.6.21.4.6.
Maximum number of boathouses per site: One.
All boathouse structures shall be completely open on all four sides.
Roofing material and roof color shall be the same as materials and colors used on
the principal structure or may be ora palm frond "chickee" stvle.
Sec. 2.6.33. Temporar)' use permits.
2.6.33,1.
Purpose and intent. Based upon the nature of some uses, their impact on
adjacent uses, their compatibility with surrounding properties, and the length
of time a use is intended to function, there is an identified need to allow
certain temporaD' 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 classiC' temporary, uses and to provide for their
permitting,
2.6.;3'
G~,~:eral. The she development review direc'.or, or his designee, ma.',' grant a
temporaD' use permit for requests that demonstrate compliance with the
,:'em .,r ,'cti-,' 26'; 'oprc'. -1. lbr quc! ie?',"~ts <~atl b" based ,T,~n. but
n,,, I;m;t-_d to, ,he apptLcant's dc>trip:ion cf ;he tempo;ar? u ,e. t,>c intended
duration of thc use, hours of operation ~d the impacts of the proposed
temporaU use on adjacent properties. All requests lbr a tempor~' use pe~it
shall submit a conceptual or site development pl~ (SDP) ~ provided for
within this section. The appropriate required plan ~d tempor~ use pe~it
application shall be submiued ~d approved prior to the submission of a
building pe~it application ~d shall demonstrate, where applicable, that
pr'.~ iqb,,r;5 ~ il~ bc made to adequately address all of thc following:
1. Traffic circulation and safety within the site as follows:
All parking spaces shall be arranged in a manner for
convenient and safe access for vehicles and pedestrians
without causing vehicles to back out into a right-of-way. No
m, rking ,pa,_es :hall hc arr,,ged Io cause vehicles to be moved
~n order Ibr other xehicles to entcr/exn a site.
Minimum parking requirements for the temporary use as defined within Div.
2.3, Off-street parking and loading as follows:
Four parking spaces for the first model unit and one and one-
half spaces for each additional model unit (for dimensions see
section 2.3.4.12),
Words ............;~,. are deleted, words underlined are added.
58
2.6.33.3.
One parking space for disabled persons per parking lot shall be
provided (included as part of required parking) along with an
access aisle and barrier-free access to the unit (for dimensions
see section 2.3.20.3),
All parking spaces shall be constructed of a concrete, asphalt.
or other dustless material as may be approved by the site
development review director (driveways and handicapped
spaces shall be paved).
Screening, buffering, and landscaping of the temporary use to reduce
potential impacts on adjacent properties as required in section 2.4.4
and approval by the site development review director as follows:
One tree per 30 linear feet around the perimeter of the parking
and driveway areas.
Double hedge between the right-of-way and the parking area;
single hedge to screen off perimeter of drive and parking
areas.
Pavement setback a minimum of ten feet t¥om right-of-way
line: (15 feet for right-of-way 100 feet or greater in width); ten
feet from side property lines (unless otherwise authorized by
the site development review director);
4. Lighting:
5. Sanitary facilities:
6. Fire protection;
7. Environmental impacts:
8. Stormwater management:
An)' other requirements determined to be necessar3' for the public
t,eahh and s~fet).
Temporao' construction and development permits. During the construction of
any development for which at least a preliminary, development order has been
granted, as required below, the developer may request a temporary use permit
for the below-listed activities. The temporary, use permit shall be granted
initially for a period not to exceed 24 months in length and may be renewed
annually based upon demonstration of need. A request for renewal shall be
.~,,bmitted to ~he si~¢ devc!opmev' reviev' director in ~wi*ing 3n days prior to
tilt. expira:~on of thc tem[¢orar;, use permit l'cmporary construction and
development permits shall be allowed for the following uses:
TemporaD' offices to be used for construction, and administrative
functions within the development.
TemporaO' admi,~iqrative offices to be used in conjunclion with a
bona fide agricultural use in the Agricultural zoning district ,q~en
located in the area designated agricultural on the future land use map
oF the Future Land Use Element of the Collier Count5.' Growth
Management Plan.
On-site storage of equipment and construction materials for use on the
development site only.
Words ~ are deleted, words underlined are added.
59
On-site mobile home used as a temporary office or storage facility
persons engaged in the development of the site.
5. On-site mobile radio and television equipment and antennae.
6. On-site mobile home for the use of a watchman or caretaker only.
On-site temporary use of structures and equipment for the building of
roads, public utilities, and government projects.
Off-site temporary, parking on property which is located contiguous to
the subject development, or would be contiguous except for a
roadway that is not designated as a collector or arterial in the traffic
circulation element of the growth management plan. with the wrinen
authorization of the property owner.
Other on-site uses similar to the foregoing uses and determined to
meet the intent of section 2.6.33.2.
Proposed temporary structures identified above require the
submission of a conceptual site plan which addresses the requirements
of section 2.0.33.2.
2.6.33.4. Model homes and model sales centers.
Model homes and model sa!es centers shall be of a temporau nature and may
be allowed in any residential zoning district or residential component of a
PUD= in the Estates zoning district, and in the Agricultural zoning district as
part of a rural subdivision, by the issuance of a temporary, use permit;
boy, ever. a model center as a permitted use within a PUD. and not located
within a dwelling unit. shall not require a temporary use permit. Model
homes and model sales centers are intended to facilitate the sale of the model
design, or of products similar in design to the model. Model homes and
model sales centers located within residential zoning districts, or within a
residential component of a PUD shall be restricted to the promotion of a
product or products permitted within the residential zoning district or PUD in
which the model home or model sales c-nter is located and further subiect to
!he R, liowm~:
Model homes shall only be permitted for dwellings which have not
been previously used as a residence.
A model home or model sales center is not intended to allow the full
scope of real estate activities and shall be restricted primarily to the
sale and marketing of the model, or products similar to the model. A
n: del i;,m~' shal! n, 1 m..' .!de ~d'fices ft,r t',uiiders, ctmtr:,ctors.
developers, or similar activities.
Model homes may be "wet" or "do'." Model homes permitted as "dry"
models (unoccupied by a sales office and/or representative) shall be
limited to a conditional certificate of occupancy allowing the use of
the st;uctute as a mode', onl) provided all required infrastruc,ure is in
i_,}ace ;,.. >ervi~e d~e umt. Model kt,mes ptcnnitted aa "xYet" models
(occupied by a sales office and/or representative) shall not be
occupied until such time as all required infrastructure is available to
service the unit and a permanent certificate of occupancy has been
issued. Transportation to and from unoccupied model homes is
provided at a sales center, which also provides required parking and
handicapped accommodations in accordance with section 2.6.33.2.
Model homes occupied by a sales office and/or representative must
have all required landscaping, parking, and handicapped access on
Words ::r::zk tkraug5 are deleted, words underlined are added,
60
site. A temporary use permit for a model home_(occupied or
unoccupied) shall be issued initially for a period of three years.
Extensions in excess of this period shall require submittal and
approval of a conditional use petition in accordance with section
Model sales centers may be located in either a temporary, structure.
usually a mobile home. or a permanent structure which is either a
residential dwelling unit or a non-residential structure. TemporaD'
use permits shall be issued as follows:
A temporary use permit for a sales center in a temporaD'
structure shall be issued initially for a period of three years and
may be renewed annually based upon demonstration of need.
A temporary, use permit for a sales center in a permanent
structure which is a residential dwelling unit shall be issued
initially lbr a period of three 3'ears. Extensions in excess of
this period shall require submittal and approval of a
conditional use petition in accordance with section 2.7.4.
A temporaD' use permit tbr a sales center in a permanent
structure other than a residential dwelling unit shall be issued
initially t'or a period of three years and may be renewed
armualb on demonstration of need.
Temporary. use permits for model homes or model sales centers to be
located within a proposed single-family cr multi family development
prior to final plat approval ma>' be requested by the applicant and
require 1) administrative approval of a plat and construction plans
showing all required infrastructure for the lot(s) on which the model
home or model sales center is located, and 2) a site development plan
(SDP) pursuant to division 3.3. subject to the following:
(al
{ maximum of five models ~)r a number corresponding to ten_
percent of the total number of platted lots. whichever is lesser,
p_er__p~,tted.__~p~raved dexdopment shall be permitted vdt-bm
a4, alhm~ed dc~vetopmem pri,)~ m ti.a} plat app,oxal as
spe. clfi~d pe..'T.:tted above.
(b)
The applicant shall provide documentation that all required
utilities will be available to the subject site. and, where
required, shall depict such utilities in detail on the site
development plan.
ibc parccl~ on ~,idch thc models are totaled m~st abut a
privately owned and maintained road. temporary, in nature or
permanently constructed to Collier County roadway standards.
(d)
The boundaries depicted on the preliminary subdivision plat
shall be depicted on the site development plan in order to
ensure compliance with the applicable development standards
in effect on the subject property.
DEC 5 1999
(e)
Final lot grading and drainaee conveyance shall be in
contbrmance with the master grading plan tbr the project as
depicted on the preliminary subdivision plat submittal
documents.
'~'ords .z:.'---'ck tkrz*ag~ are deleted.., ords underlined are added.
61
Temporary use permits for model units or units used for sales centers
in multi-thmilv projects will not be issued prior to plat recordation
and final approval of the project Site Development Plan.
All other temporar)' use requests for model homes shall require the
submission of a conceptual plan which demonstrates that provisions
will be made to adequately address the requirements of section
2.6.33.2.
Temporary. use permits for a model sales center within an existing
subdivision shall require a site plan as follows: in the case of a
permanent structure which is a dwelling unit. a Site Improvement
Plan (SIP) per section 3.3.8.4.: in the case ora permanent structure
which is other than a dwelling unit. a Site Development Plan (SDP);
in the case of a temporary structure (mobile home or sales trailer),
either a Conceptual Site Plan (CSP) which addresses the requirements
of section 2.6.33.2.. or a Site Improvement Plan. depending on the
extent of the work required.
Temporary. use permits for model homes to be located within a
proposed single-family or multi family development may be approved
following administrative approval of a plat and construction drawings
for all required infrastructure encompassing the lots on which the
models are to be constructed pursuant to division 3.2. and a
Conceptual Site Plan which addresses the requirements of section
2.6.33.2. U~occupied [dr31 model byrnes will be vermitted ertl3 in
conjunction with an approved SDP tbr a model sales center which
provides adequate parking to support the model(s).
Temporary use permits for occupied (wet) model homes following
subdMsion shall require a Conceptual Site Plan which addresses the
requirements of section 2.6.33.2. Temporary. use permits for
unoccupied model homes following subdivision shall require a
Conceptual Site Plan and shall be issued only in conjunction with an
approved Site Development Plan or Site Improvement Plan for a
model sales center which provides adequate parking to support the
model(sL
Sec. 2.6.35. Communication towers
_.6.2_.1.
Purpose and intent. This section applies to specified communication towers
that support any antenna designed to receive or transmit electromagnetic
energy, such as but not limited to telephone, television, radio or microwave
transmissions. This section sets standards for construction and facilities
siting: is to minimize where applicable adverse visual impacts of towers and
antennas thr, ;~gh ~ :,'~.'Cu! design, stung and vt-~eta0on s~recning, t; a~oid
potential damage to adjacent properties from tower thilure; to maximize the
use of specified new communication towers and thereby to minimize need to
construct new fox, ers: to maximize the shared use of specified tower sites to
minimize the need lbr additional tower sites; and to consider the concerns of
the Collier Mosquito Control District Caunty mesquite centra! dizt~ct as to
lox,, fi' 4ne me~,.luit,:, control aircraft ~afcty.
2.6.35.5.1.
Shared use plans. Each shared use plan shall be in a standard format that has
been approved bv the County Administrator cc~nty manager. Each shared use
plan shall specit? in detail to what extent there exists tower and/or site
capacity to accommodate additional antennas and/or additional towers.
ancillary equipment and accessory uses. Available antenna capacity on a
tower shall be stated in detailed clearly understandable terms, and may be
stated in equivalent flat plate area and total additional available transmission
line capacity. The tower owner (as to tower shared use plans) and the
Words s:.".gck t?.rc::gh are deleted, words underlined are added.
62
landowner (as to site shared use plans) shall update its respective approved
shared use plans by promptly filing pertinent update information with the
county manager. Owners of old towers and/or old sites may file shared use
plans in accord with this section.
Reservation of capacity. If an applicant for a shared use tower does
not plan to install all of its proposed antennas during initial
construction of the tower, the applicant must specify the planned
schedule of installing such later added antennas as part of the shared
use plan. An applicant cannot indefinitely prevent the use of unused
available antenna space on a tower by reserving to itself such space.
No available space can be reserved for the owner or anyone else
unless approved in the shared use plan. If an antenna is not installed
by the scheduled deadline, the reserved space shall automatically be
rendered available for use by others unless the shared use plan has by
the deadline been amended with the approval of the county manager.
Deadlines may be extended even if the tower is a nonconforming
structure. If space has been reserved in a shared use plan for future
additional antenna use by the tower owner and it becomes clear that
such space will not be utilized by the owner, the shared use plan shall
be amended promptly to reflect the availability of such space.
Reservation et'site capaci~.'. The policy stated above applies also to
additional tower space on an approved tower site to prevent indefinite
reservation of available site space.
Protection ofnonconformi~.,. As an incentive to promote the filing of
shared use plans, old towers, whether or not conforming, and new
towers and/or tower sites that are conforming at the date of approval
of the initial shared use plan and/or any amendment thereto may
proceed in accordance with the approved plan irrespective of the/'act
that the tower and/or tower site is then nonconforming. The intent of
this provision is to grandfather towers and'or ne~ tower sites against
a nonconforming status to the extent that future capacity, including
a~cessou' structures, is provided f~r in the shared use pl:m. If ;he
initial shared use plan or amendment to a shared use plan requires
approval of the board of' count) commis::ioners and il appears that the
snc is atrca~ened to become nonconforming for the intended use. me
pending nonconformity will be a material clement in deciding
whether to approve or deny the application for the shared use plan or
amendment.
Notwithstanding anything to the contrary in any Collier County
ordinance, any then nonconforming tower that is destroyed by any
means tv an extent ,~f more than 50 percent of its actual replacement
coq at ti~e tune of destruction. ~, determined by a coq estunate
submitted to the zoning director, shall not be reconstructed or repaired
without conditional use approval.
DEC 15 1999
5._:
Notwithstanding anything to the contrary in any Collier County
ordinance, including any proxision of division 1.8 of the lapd
developmenl code, a nonconfom~ing tower an&or accessou'
s~ructures may be voluntarily reconstructed in an)' zoning district at its
site subject to the conditional use procedures of the land development
code provided such reconstruction complies with section 1.8.3.1. The
extended useful life of the tower and/or accessory, structures that will
result from reconstruction shall not be construed to be an enlargement.
intensification, increase or extension of the nonconforming use. After
nonconforming facilities and/or accessory, structures are reconstructed
under conditional use authorization, such facilities an&'or accesso%'
Words :.tr:::~: :5rzug~ are deleted, words underlined are added.
63
structures shall be deemed to have a conditional use permit under
section 1.8.8 of the land development code.
Height bonus for sharing. Notwithstanding an.vthing to the contras' in
any Collier County ordinance an,,' existing conforming or
nonconforming tower may be permitted a onetime increase in height,
provided:
Any such increase in height does not exceed 30 feet or 20
percent of the height of the existing tower, whichever is less;
The cost of such increase in height does not exceed 50 percent
of the actual replacement cost of the tower at the time of the
application;
A shared use plan covering the tower with the increased height
is first approved by the County Administrator;
dj
The increase does not cause the proposed tower to exceed any
required maximum height requirement for towers or make a
tcgallv conforming to',ver become nonconformintl~
Substantiated proof that such proposed antenna{s) may not be
placed on the existing tower by relocating or adjusting existing
antennas and equi_pment shall be submitted by an appropriate
profeqsional engineer certified to practice in the State of
Florida.
A site development plan shall be submitted for review and
approval if an increase in tower height requires placement of,
or addition to, an antenna equipment building or support
building.
Filing shared use plans. Each approved shared use plan shall be filed
and recorded in the office of the Collier County clerk of courts prior
to any site development plan approval. A copy of the initial shared
t~se plan sh~!l bc filed ~ ith and approved by the count'~ man0ger pr;or
to conditional use appro,al
Shared use plans for old towers and old tower sites. Initial shared use
plans and amendments for old towers require approval of the county
manager. Initial shared use plans and amendments for old tower sites
require approval of the board of county commissioners, except where
an amendment reduces site and/or antenna capacity.
-.D.D. ) -.
['~,,-mit,'cd 2.,'rotolt;'-tTl¢.utv, e,,~ lowcr.s. 1 ox~ers not exceeding the stated
maximum heights are a permitted use subject to other applicable provisions
of this section, including separate requirements and shared use provisions.
Towers that exceed those specified maximum heights require variance
approval.
DEC 15 1999
\II commercial and i,~dustdal zoning districts _a.~Lur__ba_n_des_ig_nat~e4
area agricultural zomng districts: Any tower up to 75 feet in height is
a permitted use subject to minimum yard requirements. Any tower
that exceeds 75 feet in height up to a height of 185 feet is a laurful use
only if permitted or otherwise provided in the respective zoning
district and the base of such tower is separated from the nearest
boundary, of any parcel of land zoned RSF-I through RSF-6, RMF-6.
E. RMF-12. RMF-16. RT, VR, MH~ TTRVC. or PUD zoning of six
residential dwelling units or less. by a minimum distance in feet
determined by multiplying the height of the tower (in feet) by a factor
Words ,~:.-.:':k t.':rza~,h are deleted, words underlined are added.
of 2.5. (The minimum separation distance is 2 1/2 times the height of
the tower.) Towers which do not meet the separation requirement may
apply for a variance in accordance with section 2.7.5.
Agricultural zoning districts within the rural designated area: Towers
not exceeding 24~ 250 feet.
3_~4:.
All agricultural zoning districts: No tower that exceeds 250 2~°9 feet
in height exclusive of any antenna affixed thereto shall be allowed on
any site comprising less than 10 gO acres under common ownership or
control except such towers can be approved as a conditional use on
sites of less than 10 gO acres fit ......... is te 5e Iozated in the, general
..... r ,~, ........ a ~: .... a the applicant cannot with economic
feasibility acquire title to or control of a suitable tower site of at least
tO gO acres in the required geographic vicinity of the proposed tower
site.
2.6.35.6.6.
With the exception of rooftop towers and towers on essential services sites,
each new communication tower shall meet the following separation
requirements:
Each new tower that exceeds 185 feet in height shall be located not
less than 2.5 times the height of the tower at least 1,000 feet from all
RSF-1 through RSF-0, and RMF-6 zoning districts including planned
unit developments (PUDs) where the adjacent use(s) is/are, or
comparable to, RSF-I through RSF-6 and RMF-6 zoning districts. Ifa
pan of a PUD is not developed and it is inconclusive whether the part
of a PUD area within such minimum separation distance from the
proposed tower site may be developed with a density of six units per
acre or less, it shall be presumed that the PUD area nearest to the
proposed site will be developed at the lowest density possible under
the respective PUD.
In addition, each such new tower that exceeds a height of seventy-five
(75) feet excludit~g antennas, shall be separated from all boundaries of
~,rround;n~ prot,erL~ ~o:~ed RMF-i2~ RM~--~:~ E. RT. \'?~, MH.
TTRVC, iL and the_residennal areas of PUDs with existing or
planned densities greater than six units per acre by not less than the
total height of the tower including its antennas; and from all other
surrounding property boundaries by a distance not less than one-half
the height of the tower and its antennas, or the tower's certified
collapse area, whichever is greater.
the op:nion cf the Ccunty Attc, mey, each applied for exception
m ........ ,~ gpa!teat:on ............. ) aS tken applied te tke gpe:ific
I
DEC 15
2.6.35.6.3O.
Controlling Law. Upon written application for exception(s) by the tower
ep_~.~_~t applicant, citing to specific p_Lovision(s) o_f allegedly controlling law,
staff shall, in writing, grant one or more specifically articulated exceptions to
these requirements herein, but only to the extent, in the opinion of the County
Attorney, each applied-for exception is mandated by application of such
lawlsi as then applied to the specific tower site.
Words ~ are deleted, words underlined are added.
65
2.6.35.6.12.
Tower Lighting. Towers and antennas with a heieht ~reater than 150 feet
shall be required to have red beacon or dual mode lights unless exempted in
writing bx' the Collier Mosquito Control District. Such lights shall meet the
then existing Federal Aviation Administration (FAA) technical standards. No
other towers or antennas shall be No :cwcr shall be artificially lighted except
as required by the FAA r~,~--~ ^,,:~,:~ ^a--:,: ..... :~_ the Federal
Communications Commission. or other applicable laws. ordinances or
regulations. If the FAA roles require lighting, then the applicant shall comply
with such rules.
2.6.35.6.17.
......................... · ~ .... a ~.~. in ..... a ..... ::ith
........ ~, ~, ....... a :atica. aaa;,;~..~ , .......
division 3.3:
75 t~et ex:luding a.ntcr, na~;
a:xIem'-;az; or
2.6.35.6.17.
Site P/ans.
Additional Requirements. All new telecommunication towers and
facilities shall require a scaled site plan in accordance with division
3.3 and the following additional requirements as part of the building
permit application:
Elevation drawines of the proposed telecommunications tower
o; ahernative tower structure, olher structures, type ct'
construction, and whether construction will accommodate
shr_,.rjn_g .,f addi:~i?N2.! ~nje_:n.,-_as fo_r ~C_u!urc_u_se~5:
Separation distances from nearest platted and unplatted
residential properties and existim, and/or proposed towers that
are permitted bv Collier County, and all setbacks from
adiacent properties and ri2hts-of-wav, and minimum
separation distances as required;
!.altd_.~la_pi_n_g_',;n_d_. huft_'e_rin__g._p}4n s~,,,?i_ng_s_pecific :andscar, in_g
materials and method to maintain landscaping:
Location and type of fencing to be used;
Finished color, camouflaging, and illumination, if applicable;
Statement bv Ap_plicant certifying co_~£!iance with all
applicable federal, state, and local laws and requirements of
the FCC and FAA;
On-site land uses and zoning designation(s);
Legal descriptions;
Identification of the entities providing the backhaul network
lbr the tower{s);
Words ::r';:[: :hrc'.:gh are deleted, words underlined are added.
66
A description of the suitability of the use of existing towers
and other structures located within the applicable search
radius: and
A map of the proposed coverage area and a propagation study
contrasting the proposed tower and tower site versus use of
other tower structures and sites within the effective radius.
Amendments. Additional towers, tower sites, buildings and accessory
facilities on-site shall also require an amendment to the approved site
plan.
Exemptions. The following are exempt from division 3.3:
Ground-mounted amateur radio towers that do not exceed a
height of 75 feet excluding antennas;
Ground-mounted antennas and receive only dishes that do not
exceed a height of 20 feet above natural grade.
2.6.35.6.26.
Additional Findings for ['ariance and Conditional [,'se Applications. In
addition to the findings for conditional use applications and variance
applications as required in Sections 2.7.4 and 2.7.5 of the LDC, the following
additional findings shall be made by the Collier County Planning
Commission [CCPC) when considering such applications:
1_. The applicant must demonstrate that the telecommunications
tower"antenna must be located where it is to setw'e the company's
system and sen, ice area and that sharing capacity is unfeasible or
unreasonable as to existing Towers. Evidence must be provided which
considers the following:
Proximity of all nearby towers located within the effective
radius and whether or not the,~ provide sharing of facilities.
Iff._true, c~sti__n~ t__~clec___p_un:_,'!zt!.nic___atio_ns :,~e:'s a~d s,r~,cmres
located v~'ithin the efiectixe radius are not of sufticicnt heigi~t
for the .proposed tower's service area. Such evidence must be
certified by an appropriate professional engineer certified to
practice in the State of Florida.
Existing towers and structures located within the effective
radius are not of sufficient structural strength to support the
_appl~q~t_~_12rQpr,sed antennas and r~lated ~quipment. Such
e~idence must be certified by ari appropriate prol'essional
engineer certified to practice in the State of Florida.
Sharing. would cause electromagnetic interference with either
th__e, applicant's communication system or with existing
commdnication systems. S,och evidence must be certified by
: 2_<p_p~:rmt___e_~olcss~onal ~ngi~eer certified to l~ractice in the
State of Florida.
DEC 15 I 99
Costs to share an existing tower or structure or to adapt an
existing tower or structure for sharing are unreasonable. Fees
and costs which exceed the costs to design and construct a new
telecommunications tower shall be presumed to be
unreasonable.
Words :tr',::5 :hr~,"g~ are deleted, words underlined are added.
67
f. If applicable, other limiting factors, including but not limited
to natural and man-made environmental limitations.
2.6.35.6.27.
Required Certification. The applicant shall provide certification bv a
professional engineer that the proposed telecommunications tower or
alternative tower structure is designed in accordance with the
standards specified in this article and those incorporated by reference
into this article, and that in case of collapse the telecommunications
tower or alternative tower structure will be contained on the parcel or
site, and that no structure other than those in direct support to the
operations of the telecommunications tower or alternative tower
structure shall be located within the fall zone.
Compliance with Aviation Regulations. The applicant must
demonstrate that the proposed tower complies with all state and
federal laws and regulations concerning aviation safety, including Part
77 of the Federal Aviation Regulations and Part 17 of the FCC
Regulations, and if planned to exceed 150 feet in height above grade.
has been submitted for review bv the Collier Mosquito Control
District.
Evidence of Pursuing Use of Existing Towers and Tower Sites. The
applicant must provide evidence of pursuine the use of existinlz
towers, structures, and facilities within the effective radius as
specified in Section 2.6.35.2. Evidence shall include written
correspondence between the applicant and owner/operator of other
structures in the effective radius including a request for space, the
applicable rate structure for leasing, the applicable radio frequency,
structural requirements, and any existing FCC limitations and other
information as required in Section 2.6.35.3.
Comparison of proposed site versus use of existing sites within
ef[ective radius. The applicant will provide a map of the proposed
coverage area and a pr_9_pagation studv for the proposed
~elecommunicanons toy. ct and any existing or vro_posed towers and
structures within the effective radius, which may be used to facilitate
[~e a~z['hc:.:d's antet~a_Ls_Land_e uq~mcn.t~ 'nc!~_LtLing thC ~n_o~p2~ data for
those maps tbr comparison of both proposed and existing towers, and
any other technical parameter used: analyses ~hich include tee type
of equipment to be used and the structural loading criteria used. and
which address alternative scenarios, such as using an existing tower or
placing a tower elsewhere versus using the proposed tower and site.
The above requirements may be waived bv staff if the applicant
.[Lrcse~ts ~,.ood cause p~r_oyi~,~_wh~ the_~e_.spe_ctiz, Lc_requi~en~m is n~t
applicable or such proof is irrelevant or superfluous to the specilic
application.
A cop.,,' of each application for a tower in excess of 24~ 15.__.~0 feet in height shall be
supplied by the applicant to the Collier Cc:~nty mcz. q~:~t.v c.vntr,! d!zt.~ct Mosquito
Contra! District or its ~uccessor in function.
DEC gg8
SUBSECTION 3.G: AMENDMENTS TO SUBDIVISIONS DIVISION
Division 3.2. Subdivision, of Ordinance 91-102. as amended, the Colli~
County Land Development Code, is hereby amended to read as follows:
DIVISION 3.2 SUBDIVISIONS
Words zt:-:;gk :~rv_~g5 are deleted, words underlined are added.
68
Sec. 3.2.4.
Execptions
4.11.5
Golden Gate Estates Lot splits. When a five acre Parcel in Golden Gate Estates is
subdivided into two Lots, where one of the Lots is not on the existing right-of-way,
the owner may create an access easement to and through the parcel which is not on
the right-of-way. The easement.must be at least 20 feet in width, and extend at least
150 feet into the otherwise landlocked Lot. The easement shall provide for access
to the Lot. and satisfy the frontage requirement.
Sec. 3.2.6. Subdivision review procedures
3.2.6.5.3 (3~
Completion certificate, record improvement plans and supportive documents.
The required improvements shall not be considered complete until a
statement of substantial completion by the applicant's professional engineer
of record along with the final development records have been furnished to.
reviewed and approved by the development services director for compliance
with this division. The applicant's professional engineer of record shall also
furnish one set of record improvement plans on a mylar or other similar
acceptable material, with a minimum of two mil thickness, and two sets of
certified prints acceptable to the development services director, showing the
original design in comparison to the actual finished work. The myalrs shall be
labeled as record drawings on each sheet prior to printing of the required sets
of prints. The applicanCs professional engineer shall also submit a computer
disk containing the drawing file in Auto CAD software format, or a similar
format, xh_hich is translatable to Auto CAD and acceptable to the planning
serxices director. In addition, a cop>' of apphcable measurements, tests and
reports made on the work and material during the progress of construction
must be furnished. The record construction data shall be certified by the
applicant's professional engineer and professional land surveyor and shall
include but not be limited to the following items which have been obtained
through surveys performed on the completed required improvements:
Sec. 3.2.8. Improvement plan
3.2.8.3.6.
~ Eh; ironmemal Se:-.'ices A'Jmmis~ra,m~-~r his .4esigncc
~'~ ~e~ ....,,,~ ,.~v.~ ......... .~,~ pri~r ~ any, ....... ~, grad:ng ..................... :.
Fhis pla~. be submitted in phases to coincide ..vit~ tl~e deYelopmem
~x...; ........... a ....; ....;"~ vegetation. T~.e site spot,Sc clewing,
Remo,.'at-of exotic :'egetatien is
exotics s~:b.}ect to thc following:
Pre. vision of a site filling and grading plan far review and
a-~5,,,eva¼ .w-~he-c-e unt y:
the
Words st.".:ck t~rz;;gh are deleted, words underlined are added.
69
,\ sac c!ea,dng plan :;ha!! k,~: s'..'bmhte.J ,+'-or reviuw and apprc:'al
The applicant shal! submit a detailed description of thc fill and
improvements.
Thc pe,.-r,,ittce shall post a surer:' bend or an irrc;'ecab!e
cost estimate as previously detailed including the maintenance
cost e~. tkrce ),cars .................. secunD' ma}' be
reduced upon completion cf the apprc;'ed rcvegetaticn p!a.~,
Words st.'"ac,'-.4 :hr~agh are deleted, words underlined are added.
70
3.2.8.3.6.
Clearing. grading and filling: Clearing of woody vegetation requires
permits in Collier County with the following exceptions:
Lots with existing single family home other than Golden Gate
Estates lots may remove non-native and native woody
vegetation without permits unless specimen trees are involved.
A minimum number of required native trees shall be
maintained per Section 2.4.6.1.
Permitted removal of vegetation:
Subdivisions: Residential, commercial or industrial
subdivisions, upon approval of construction drawings for the
entire proiect or any given phase, may clear for the
construction of the infrastructure ~i~hin that phase. Road
rights-of-way, and drainage and utility easement may be
cleared.
Water management areas requiring excavation permits may be
cleared upon issuance of the excavation permit, and required
separate vegetation removal permit has been obtained.
Individual single family lots or blocks of lots may not be
cleared unless a_separ~te Ve_getation Removal and Site Filling
Perm, (VRSFP) ts obtained as per section 3.2.8.3.6.b.3..
Plans iS'DP'-, ,.
Commercial and industrial: Approval of a
commercial or industrial SDP or SIP carries with it
permission to clear for all infrastructure improvements
and for the building pad as show~ on the approved
SDP.
Residc;~:: ~1 'qDP's-..A_ppro~,l ,>f'a _residem~at SUP
cmries ~,~th il permission to clear Iht inli'astructure
q.n. ly. Cleating and filling of building sites is not
allowed unless a separate Vegetation Remo,,al and Site
Filling Permit {VRSFP) is obtained as per section
3.2.8.3.6.b.3..
_¥c-?,et: tit.n R~,m% al and Site 1 iilin£ :}.e~3i:~ ~VPS.FP):
A develo_p_e_r will be allowed to clear up to 25 acres of
residential, commercial, or industrial lots to =tore
excess fill generated by lake excavations within the
PUD or project where the excavation is being dug.
An approved SDP or an approved Plat must exist for
the parcel on which the fill is to be stored.
............. =.. are deleted, words underlined are added.
71
The application to "clear and fill" to store excess fill
must be accompanied bv a plan drawn on the approved
SDP or plat. showing the following:
the limits of each separate stockpile must be
clearly delineated and the area, height, cross
section, and volume of each individual
stockpile must appear on the drawing
referenced to the stockpile. Slopes must not be
steeper than 4:1.
The type of veeetation to be removed must be
listed on the drawing.
The source of the material (lake #) for each
stock- pile must be indicated on the drawing.
Clearing to store excess fill will be permitted in
maximum blocks ot'25 acres at a time. When a
25 acres block is nearing capacity, additional
25 acre blocks may be applied for.
To allow for safety during tree removal, if a developer
owns contiguous s~ family lots, the trees on the
single fa~nilv lots directly adjacent to a lot where a
house is under construction may be removed, if
removal at a future date may be a dan~er to life or
property. A VRSFP must be granted prior to removal
of these trees.
Revegetation: For VRSFP's within subdivisions, a
revegetation bond in the form ora Performance Bond.
Letter of Credit. or Cash Bond and in the amount of
$5.000.0fl ~,[ acre must be pc,>tcd.
Xg2qen f:t: ? !,ee..d tc,_~?rjnt:_build_ir~Jq~-__to ~e~reJ,
,.onsu'uction t ~evaduns. th,,se lots shall immediately ht
seeded, to prevent erosion and exotic seed infestation.
Any stockpile in place for more than 6 months must
be sodded or hvdroseeded. Failure to do so within ]4
calendar days of notification bv the County will result
in a fine of $10.00 per acre per day.
In the e~cnt &at an,. p,,rtion ot the stockpile is m ptacc
for two years, the County will order the fill to be
removed and the land to be revegetated.
The density and type of revegetation will closely match
nearb~ ecosystems, but on no account will be less than
64 trees ~_sac_r_c__nnd_associated mid s~,~rv
groundcover.
SUBSECTION 3.H: AMENDMENTS TO EXPLOSIVES DIV1SION
Division 3.4.. Explosives, of Ordinance 91-102, as amended, the Collie~
Count,',' Land Development Code. is hereby amended to read as follows:
Words s..'n:zk :hrw'gL are deleted, words underlined are added.
72
DIVISION 3.4.
Sec. 3.4.7.
Sec. 3.4.9.
3.4.9.4.3.
3.4.9.4.4.
EXPLOSIVES
Permit application review procedures
The applicant shall notify provide ~Titten notification to
residents who have not received a pre-blast inspection of the
pending blast at least ,qve ten days prior to the commencement
of the initial blast. The notification brochure shall be mailed
or placed on the front door of each individual residence within
the notification radius. A list of the notified addresses shall be
furnished the County.
Notification shall be distributed to all properties containing
structures within a radius calculated for a scaled distance of
150 feet, plus an additional 50%.
The written notification shall describe the blasting which will
take place, its effect on the residents, their ability to obtain a
pre-blast survey and how to contact the user or his or her
representative with any blast related complaints or claims.
Property owners shall be given a five-day window to respond
to the availability and their desire to obtain a pre-blast survey.
If blasting is suspended in an area for a period of 90 days or longer,
re-notification of all residents within the radius calculated for a
scaled distance of 150 tk~ plus an additional 50% shall be
accomplished at lest seven days prior to the re-commencement of
blasting.
Limitations and conditon
The results from the seismic instrument shall be provided to and analyzed by
a seismologist who shall sign the results of his analysis. The seismologist
shall be an individual or finn specializing in the measurement and evaluation
~f ~h~r~-~crm air and ground ~ibrations produced through detonation of
explosives. The seismologist shah have experience in instrumentation.
ex_plosives, and the effects of vibration._u_p_on_stmctt:r~.and a mipSn,'_,~m of 5
years experience sup~rvi__5,~Mg and,'or monitoring ;?ac u',c of exp!osives.
A. II original records of the seismic analysis will be the property of the user but a
copy of the seismic results and/or analysis shall be furnished to the devel~pmen:
aer'.'ices dirtier community development and environmental services administrator
or designee with full and complete and supporting data at .......... .... ~h,: ..........; ...... ~ or upon
dem~,~nd within 7 days from the date of actual blast.
DEC 15 Lo99
SUBSECTION 3.h AMENDMENTS TO VEGETATION, REMOVAL AND
PRESERVATION DIVISIONS
Division 3.9.. Vegetation. Removal and Preservations, of Ordinance 91-102.
,~5 qthe:~Jcd, ~;!,' ( tiler (. ounty LanO Develop:went Code, is hereby amenOcd to read as ibllows:
DIVISION 3.9. VEGETATION, REMOVAL AND PRESERVATION
Sec. 3.9.3. ApplicabiliD': unlawful to remove or otherwise destroy vegetation.
It shall be unlawful for any individual, firm, association, joint venture.
partnership, estate, trust, syndicate, fiduciary, corporation, group or unit of
federal, state, county or municipal government to remove, ar cause te 5e
Words ............ ~,.. are deleted, words underlined are added.
73
Sec. 3.9.6.
3.9.6.4.1.
3.9.6.8.
SUBSECTION 3.J:
remaved or otherwise destroy, vegetation, which includes placine of
additional fill, without first obtaining a vegetation removal or vegetatie'
removal and fill permit from the development services director except
hereinafter exempted.
Review procedures
A vegetation removal fee is not required to remove the following
prohibited exotic vegetation l¥om developed property or from
undeveloped property after a vegetation removal permit has been
issued.
~1/
(2)
(3)
(4)
~5)
~6)
(10)
(1 I)
Penalo'.
5.
Collier County Land
DIVISION 6.3
Australian pine (Casuarina spp.).
Melaleuca (Melaleuca spp.).
Brazilian pepper (Schinus terebinthifolius).
Earleaf acacia (Acacia aunculiformis).
Catclaw mimose (Minosa pigra).
Java plum ~Sy~'gium cumini).
Downy rosemyrtle (Rhodomynus tomentosa).
Women's tongue (Albizia lebbeck).
Climbing fern (Lygodium spp.}.
Air potato (Dioscorea bulbifera).
Lather leaf (Colubrina asiatica}.
ihc '~;;!t:c of i p~r.p~.,t: o',~ncr ,,r c, tl~r pcrso', it' ob4ain a reqmrcd
vegetation removal permit, otherwise not exempted in section 3.9.6.4.
shall be assessed an after-the-tact environmental permit fee at 4 times
the normal fee. pursuant to the Schedule of Development Review and
Building Code Permit Fees.
AMENDMENTS TO DEFINITIONS DIVISION
~)~,.:<iL ,.~ . Oe.~;n2io:~,< ol Ordinm~cc eli 102. as :unend,: . the
Development Code, is hereby amended to read as follows:
DEFINITIONS
q'iy.~ 3lonument_La detached sig_n.~icallv contai~:in~_d_csign elements such
as a base. column°, borders, topper or cap. and a ~gn cat, inet occupying at
least two third (2,"3) of the total sign area.
Beacon light: Any light with one or more beams capable of being directed in
any direction or directions, or capable of being revolved automatically, or
having any pan thereof revolve automatically, or a fixed or flashing high
intensity light: search light.
Words ~ are deleted, words underlined are added.
74
Roadside sales: the sale or display of perishable or non-erishable
merchandise for sale from any fixed or nonfixed location, upon unimproved
or improved propert?': , without a valid occupational license and, when
applicable, temporary use permit.
r~,; ......... '~- Prohibited exotic vegetation: the entire plant, or any part
thereof, including seeds, of the following:
Earleaf acacia (Acacia auriculiformis).
Australian pine (Casuarina spp.).
Melaleuca (Melaleuca spp.).
Catclaw mimose (Minosa pigra).
Downy rosemyrtle (Rhodomyrtus tomentosa),
Brazilian pepper (Schinus terebinthifolius).
Java plum (Syzygium cumini).
Women's tongue (Albizia lebbeck).
Climbing fern {Lygodium spp.),
Air potato {Dioscorea bulbifera).
Lather leaf (Colubrina asiatica).
Riparian line: An imaginary line beginning at the point at which property
lines intersect the mean high water line of a waterway and continuing into the
waterway indefinitely. The purpose of the riparian line, as employed by thi~
Code. is to provide a point of reference from which to measure setbacks for
docking facilities.
SUBSECTION 3.K: AMENDMENTS TO APPENDICES SECTION
Appendix B, Typical Street Sections, is hereby amended by replacing the
existing typical roadway section iljustrations with revised typical roadway section iljustrations
attached hereto and incorporated herein by reference as Exhibit "B".
5E(~TION FOUR: CONFLICT AND .qEVERABILITY
In tbe event this Ordinance conflicts with an5' other Ordinance of Collier Count3' and other
applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid
or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate,
distinct and mdependent provision and such holding shall not affect the validity of the remaining portion.
5,1:.CTit)N FIVE: T\£LtTSI,r}N I5 TIiF COLI,IER COUNTY LAND DEVELOPMENT (/()DE
The provisions of this Ordinance shall become and be made a part of the Land Development Code
of Collier County. Florida. The sections of the Ordinance may be renumbered or relettered to accomplish
such. and the word "ordinance" may be changed to "section". "article". or any other appropriate word.
DEC15 ! 99
Words :..':".::[: :~r~.::g?. are deleted, words underlined are added.
75
SECTION SIX: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,
Florida. this day of .1999.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
ATTEST: PAMELA S. MAC'KIE, CHAIRWOMAN
DWIGHT E. BROCK. CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
MARJORIE ,'vi. STUDENT
ASSISTANT COUNTY ATTORNEY
kD(_ C '~ CLL 2-1999 ORDINANCE,.mdiI:
DEC 1999
Words :.'rack :hre'--'gh are deleted, words underlined are added.
76
C 5 1999
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