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Ordinance 82-002OP,1)INANCE NO. 82-2 AN ORDINANCE ENACTINO AND ESTABLISHINO ZONING REGULATIONS FOR TIlE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA; DIVIDINO TIFE UNIN- CORPORATED AREA OF TIlE COUNTY INTO DISTRICTS AND ESTABLISHING TKE BOUNDARIES T]IER~OF AND VITHIN SUCII DISTRICTS REGULATINO AND RESTRIC- TING TIlE ERECTION, CONSTRUCTION, RECONSTRUC- TION, ALTERATION, REPAIR OR USg OF BUILDING. S, STRUCTURES, OR LAND OR WATER; REGULATING AND RESTRICTING Tim. HE?C, HT, NUMBER OF STORIES SIZ£ OF BUILDINGS AND OTHER STRUCTURES lj~ REGtrLATING AND RESTRICTING Tim. PERCENTAGE-OF. LOTS Ti{AT HY BE OCCUPIED; REGULATING RESTRICTING Tim. SIZE OF YARDS AND OTHER OPEN' SPACES; REGULATINO AND RESTRICTING Tim. DEN-.. SITY OF RESIDENTIAL D~ELI, INO UNITS; REGU~ LATING AN]) RESTRICTING Tim. LOCATION AND' OF BUILDINGS, STRUCTURES, AND LAND AND WA~R FOR TRADE, CO[tNERCE, INDUSTRY, RESIDENdE, RECREATION AND ST{{ER PURPOSES; PROVIDING FOR Tim. AD[{INISTRATION, ENFORCE{lENT, AND AHEND- HENT OF TI{IS ZONING ORDINANCE~ ESTABLISHING AND SETTING OUT TIlE PO~VERS, RESPONSIBILITIES, AND DUTIES OF TIlE PLANNING CO~tHISSION UNDER THIS ORDINANCE; ESTABLISHING AND SETTING OUT TH]g PO~EBS, RESPONSIBILITIES AND DUTIES OF THE BOARD OF ZONING APPEALS UNDER TI{IS ORDI- NANCE; SETTING A SCIiEDULE OF FEES, CHARGES AND EXPENSES UhrDER TI{IS ORDINANCE; DECLARING THAT THE PROVISIONS OF Ti[IS ORDINANCE ARE HINIHUN OR NAXIHUN HEQUIRE~fENTS AS TEE CASE NAY BE; SETTING PENALTIES FOR VIOLATION OF THIS ZONING ORDINANCE AND AUTHORIZING RESORT TO OTHER REMEDIES TO PREVENT OR ABATE VIOLA- TION; PROVIDING T{tAT PROSECUTIONS BEGUN UNDER PREVIOUSLY EFFECTIVE ZONING REGULATIONS BE CONTINUED; DEFINING CERTAIN TER~{S IS.REIN USED; PROVIDING TI{AT TI{ESE ZONING REGULATIONS SHALL SUPERSEDE ANY AND ALL PREVIOUS ZONING REGULATIONS, RESOLUTIONS, OR ORDINANCES, REPEALING ALL ORDINANCES IN CONFLICT HERE- WITH; PROVIDING FOR SEPARABILITY; AND PROVID- ING FOR AN EFFECTIVE DATE. I,~EREAS, Article VIII, Section l(f) of the Constitution of Florida confers on counties broad ordinance-mnking power ~hen not inconsistent vith {eneral or special lsw; sad ~REAS, Chapter 125.01, Florida Ststutes, confer~ on si1 countiea in Florida {enersl powers of govermuent, including the ordinsnce-mnkin{ Dower and the power to plea nad regulmte the use o[ 1sad and wsterl sad M~I~REAS, the Le{lslsture of the Stste of Florids hss reco{nized the geographic, demographic sad economic dii£erences between the populous, urbsn cossts! area of Collier County, sad the relntively spsrsely popu- lsted, ~urnl agriculture oriented eastern area of Collier County by enacting Chapter 67-12&6, ~pecial Acts, L~s of Florida, 1967, ~s a~nded by Chapter 69-964, Special Acts, La~s of Florida, 1969, which recognizes these differences by ~uthorizlns tb~ ro~tion or ~ltiple planning commissions and d£strlc~s, and the adopt(on of a Comprehensive Plan zoning regulations for each district or for the County aa a whole; and I~I~REAS, the Board of County Commissioners of Collier County, Florida, and its recommendatory agents did take action in the manner prescribed by law, and did on Hay 8, 1979, adopt a Comprehensive Plan for Collier County; and WHI:REA$, the Collier County Planning Agency has reviewed this zoning ordinance and found it to be in compliance with the Comprehensive Plan; and M[EREAS, the Board of County Commissioners of Collier County, Florida, find it necessary to adopt and enforce comprehensive zoning regulations for those unincorporated lands and waters subject to the Jurisdiction of the County, to the end that the public health, safcty, comfort, order, appearance, convenience, morals, and the general welfare will be served; and I~HEREAS, the Board of County Commissioners of Collier County, Florida, and its recommendatory aEenta have conformed to all applicable procedural requirements of Florida law, and particularly those require- ments relatin8 to public notice and hearing; and ~In~REAS, all applicable substantive requirements of the law have been met; NOW, THI~REFORE, BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida; SECTION I. SHORT TITLE: This ordinance shall be known and cited aa the *'Collier County Zoning Ordinaace'. SECTION 2. INTENT AJ~D PURPOSE: 2.1 It is the intent and purpose of this ordinance to establish and adopt comprehensive zoning regulations governing the use of land and water in the unincorporated areas of Collier County, Florida. The regulations set out are based on a comprehensive plan for future development, and are enacted to protect, promote, and im- prove the public health, safety, comfort, order, appearance, con- venience, morals and ~eneral welfare of the residents of the County. 2.2 It ia intended by this ordinance to accomplish and to provide for effic/encq/ end econoBy ~n the process of future development end ~edevelopment~ appropriate use of ~nd; preservation, protection, coniervatlon, and development of the nat;Jral resourcoa of land, voter and air; conven£ence in circulation of traffic for the trans- port of peoplet goods, and commodLties, protection of persons and property in floodwaya and Flood plains; healthful and ~onvenient distribution of population; adequate and continuously maintained public facilities and utilities; promotion of amenities, both public and private, to maintain and improve the quality of life for all reaidenta~ and development ~n accord with the Comprehensive Plan. SECTXON 3. ESTABLISHNENT OF ZONING DISTRICTS; PROVISION FOR OFFICIAL ZONING ATLAS: 3.1 Establishment of Districts. The unincorporated land and water area of Collier County is hereby divided into districts aa set out in Section 7 of this Zoning Ordinance and as shown on the Official Zoning Atlas which, together with nil explanatory material shown thereon, is hereby adopted by reference and declared to be a part of this Zoning Ordinance. 3.2 Official Zoninz At!as. a. Each page of the Official Zoning Atlas shall be ident~fied by the signature of the Chairman of the Board of County Co~vnis- aionern and attested by the Clerk of the Circuit Court, and shall bear the seal of the Cot:sty of Collier under the follow= lng words: "This in to certify that this ia Page of the Official Zoning Atlas referred to and adopte~ by reference hy Ordinance No. ~ of the Co:znty of Collier, ~lorida, adopted 19 ." b. The boundaries of each district shall be shown on the Official Zoning Atlas, and the district symbol or symbols as set out in this Zoning Ordinance shall be used to designate each dis- trict. 3.3 Chan~ea in District Boundaries. If, in accordance with the prowS= aloha of this Zonin~ Ordinance and applicable provisions of Florida Law, changes are made in district boundaries or other matters portrayed on the Official Zoning Atlaa~ such changes shall be entered promptly on the Official Zonin~ Atlas after the amendment has Been approved by the Board of County Commissioners, with an entry on the appropriate pa~e of the Official Zontn[ Atlas an 0t4 ~olloval "On by Ordinance No. ,, of the County of Collier~ the follo~ln~ chan~es ~ere made in the Official Zonin8 Atlll= (Brief description of nature of chanRe)'p which entry shal! be attested by the Clerk of the Circuit Court. No amendment to this ~oning ordinance ~hich involves matter portrayed in the Official Zoning Atlas shall become effective until such change and entry has been made on the Official Zoning Atlas in the manner herein set out; such change shall be made within twenty (20) work- tag days after the date oE adoption of the amendment. Unauthorized Changes Prohtbttc, d. No changes oE any nature shall be made tn the Official lenin8 Atlas or any matter shown thereon except in conformity with the precedences act out in this Zoning Ordinance. Any tmauthortzed ~hnnge of whatever kind by any person or persona shall be considered n violation of this zoning ordinance and punishable as provided by Section 18 of this Zoning Ordinance. 3.5 ~inal Authority aa to Zon~n8. Regardless of the existence of purported copies of a~] or part of Lhe Official Zoning Atlas which may from time to time be made or puhliahed, the Official Zoning Atlas, ~hich shall be located in the office of the Clerk of the Circuit Court, shall be the fins! authority as to the current zoning status o£ al! lands and ~atera in the unincorporated area of the County. 3.6 Retention of Rarlter Zontn8 ~lal~a or Atlases. At] zoning maps or atlasest or remaining portions thereof, which have had the force and effect of eretria! zoning maps or atlases for Collier County prior to the effective dale of adoption of thin Zoning Ordinance shall be retained as a public record as a guide to the zoning status of lands and waters prior to such date. Upon the date adoption of this Zoning Ordinance, the Official Zoning AtLas that date shall be microfilmed and such filmed record retained permanently in a place separate from the original Atlas. 3.7 Replacement of Official Zonin& Atlas. If the Official Zoning Atl·s~ or any page or portion therco~, becomes dsm·gedp lost~ deatroyed~ or difficult to interpret by reason of the nature or amaber of ch·ngea~ the Board of County Commissioners may by resolu- ties adopt · ae~ Of~iclal Zoning Atlas~ er any pale or pages there- ef~ which shall supersede the prior Official Zoning Atlas er page Or pages thereof. The new Official Zoninl Atlas! or page or pages thereof~ may correct drafting or other errors or omtsatons ~n the prior Official Zoning Atlas, or page or pages thereof, but no s,ch correction shall have the effect of amending tho original Official Zoning Atlast or page or pages thereof. Irt in the process of adopting a replacement Official Zoning ALlas~ or any page or pages thereof, district boundaries are changed or altered, then acLiott in regard to such change of dis- trLct boundaries shall be taken only on the form of an amendment to this Zoning Ordinance. The Official. Zoning Atlas) or portion thereof, shall be thentlcated as for the original, with wording to the effect: )'This is to certify that this Official Zoning Atlas (or page or pages thereof) by Resolution No. ~ dated replaced the Official Zoning Atlas (or page or pages thereof) adopted an part of Ordinance No. of the County of Collier, Florida." Unless the prior Official Zoning Atlas has been lost) or has been totally destroyed, the prior Atlas or any signifLcnnt parts thereof rem=inteX shall be preserved as a public record, together with ~ll available records pertaining to its adoptiot, or amendment. SECTION 4. RULES FOR INTERPRETATION OF DISTRICT BOUNDARIES: &.l District Reaulation~ Extend to al! Portions of Districts Surrounded bY Boundaries. Except as otherwise specifically provided) a dis- trLct ay~bol or name shown within district boundaries on the cial Zoning At]as indicates that district regulations pertaining to the district extend throughout the whole area surrounded by the boundary line. 4.2 Vhere uncertainty exists as to the boundaries of districts as shown on the.Official .Zontn~ Atlas; the following rules shall apply: a. Boundaries indicated aa approximately followin~ the center- lines of dedicated streets~ highways! alleys~ or rights-of-way shall be construed as following such centerline as they exgst on the ground, except where variation of actual location from mapped location would change the xonLng status of a lot or parcel~ in which case the boundary shall be gnterpreted In such a manner as to avoid changing the geeing status of any lot er parcel. In case ~ · ·freer vacation, the boundary shall be construed as remaining in its location except where ownership of tile vacated street is divided other than at the center, in which case the boundary shall be conatrt~cd ns moving with the ownership. b. Boundaries indicated as ~ppreximately followinS lot. lines~ public property lines~ and thy.like shall be construed as following such lines; provided however, that where such boun- daries are adjacent to a dedicated street, alley, highway, or right-of-way and the zoning status of the street, highway, alley, or right-of-way is n~t indicated, thc boundaries shall be construed as running to the middle of the s~reet, highway, alley, or right-of-way. In the event of street vacation, interpretation shall be as provided in Section 4.2.a. above. c. Boundaries indicated as.approximately fo~lowin8 City or County limits shall be construed as following such City or County limits. d. Boundaries indicated as following railroad tracks shall be construed as being midway between the main hracks. e. Boundaries indicated as......followin8 mean high water lines or center lines or streams~ canalst lakes~ or o~her bodies of . water shall be construed as following such mean high water lines or centeclines. In case of a change in mean high water line, or of the course or extent of bodies of water, the boundaries shall be cons:rued as moving with the change, except where such moving would change the zoning status of a lot or parcel; and in such case the boundary shall be inLer- preted in such a manner as to avoid changin8 the zoning status of any lot or parcel. f. Boundaries indicated as enterin~ any body. of water but not continutn8 to intersect with other zoning boundaries or with the limits of ~urlsdiction of Collier County shall be con- atrued as extending in the direction in which they enter the body of water to intersection with other zoning boundaries or with the limits o~ County Jurisdiction. g. Boundaries indicated as following physical features other than those listed above shall be construed aa ~ollowinx such physi- cal ~eatures~ except where Yartatton o£ actual location ~rom mapped location would change the xontnl status o~ · lot or parcel, and in such manner as Co avoid changing Lite zoninR status of any lot or parcel. Boundaries indicated aa parallel to or extensions o£ features indicated in Subparagraphs a. through g. above shall be con- strued as being parallel to or extensions of such feature. i. Distances not specifically indicated on the Official Zoning Atlas shall be determined by the scale of the map on the page of the Atlas showing the property in question. 4.3 Cases not covered by Section 4.2 above. In cases not covered by Section 4.2 above, or where the property or street layout existing on the ground is at variance with that shown on the Official Zoning Atlas, the Zoning Director shall interpret the Official Zoning Atlas in accord with the intcnt and purpose of this Zoning Ordi- nance. Appeal from the interpretation of the Zoning Director shall be only to the Board of Zoning Appeals in conformity with Section 11 of this Zoning Ordinance. 6.6 Division of a Lot of Record by a District Boundary. Where a dis- trict boundary divides a lot of record at the time the boundary was established, and where the division makes impractical the reason- able use of the lot, the extension of the regulations for the front lot may be permitted as a special exception for not to exceed fifty (50) feet beyond the district line into the remaining portion of the lot. 4.5 Continuity of Zonin8. In the event any unincorporated territory within Collier County shall hereafter become incorporated, to insure that there shall be no lapse of zoning, then, any and all zoning regulations which may be in effect in such territory and administered by the County shall remain in full force and effect and shall continue to be administered and enforced by the County under this Zonin8 Ordinance until such time as municipal zoning within such territory shall be adopted and take effect. SECTION 5. APPLICATION OF DISTRICT REGULATIONS: The regulations herein set out within each district shall be minimum or maximum limitations, aa the case may be, and shall apply uniformly to; each class or kind of structure, uae, or land or water, except aa here- inafter provided~ i 5.1 Zoning Affects Use or Occu~ancy~ No bullding~ structure, land, or water mhell hereafter be umed or occupied, and no bulldin~ mtruc~ ture, or psrt thereof ahall hereafter be erected, constructed, reconstructed, located, moved, or structurally alterorl except in conformity with the regulations herein specified for the district in which it ia located. 5.2 ZontnZ Affects Heizht of Structures~ ..Population Density,. Lot ~Overazet yards and Open Spaces. No building or structure shall hereafter be erected or altered in, say manner contrary to the pro- visions of this zoning ordinance, and especially: a. To exceed height, bulk, or floor area; b. To provide a greater number of dwelling units; c. To provide less lot area per dwelling unit or to occupy a smaller lot; d. To occupy a greater percentage of lot area; e. To provide narrower or smaller yards, courts, or other open spaces; f. To provide lesser separation between buildings or structures or portion~ of buildings or structures. 5.3 Multiple Use of Required. Open Space Prohibited. No part of a required yard or other required open space, or required off-street parking or off-street loading space, provided in connection with one building, structure, or use shall be included as meeting the requirements for any other building, structure, or use, except where specific provision is made in this Zoning Ordinance. 5.4 Reduction of Lot Area Prohibited. No lot, even though it may consist of one or more adjacent lots of record, or yard existing at the effective date of this Zoniug Ordinance shall thereafter be reduced in size, dimension, or area below the minimum requirements set out herein, except by reason of a portion being acquired for public use in any manner including dedication, condemnation, pur- chase and the like. Lots or yards created after the effective date of this Zonin8 Ordinance shall meet at least the minimum require- ments established herein. SECTION 6. NON-CONFORHINO LOTS, NON-CONFORHING USES OF LAND OR WATER~ NON-CONFORHING STRUCTL~ES, NON-CONFORMING USES OF STRUCTURES AND PREMISESt AND NON-CONFORHING CHARACTERIS- TICS OF USES: lo Oeneral. ly~ a, Intent: Within the dLstrtcts established by this Zoning Ordinance or amendments that may later he adopted there may exist Iota, structures, uses of land or water and atructures and, chsractertstics of uae which were lawful before this Ordinance was adopted or smended, but which would be prohibi- ted, regulated, or restricted under the terms of this Zoning Ordinance or future amendments. It is the intent of this Zoning Ordinance to permit these non-conformities to continue until they are voluntarily removed or removed as required by this Zoning Ordinance, but not to encourage their survival. It is further the intent of this Zoning Ordinance that the non-conformities shall not be enlarged upon, expanded, inten- sified, or extended~ nor be used as grounds for adding other structures or nses prohibited elsewhere in the same district. b. Declaration: Non-conforming uses are declared by this Ordin- ance to be incompatible with permitted uses in the districts involved. A non-conforming uae of a structure, a non-conform- ing use of land or water, or a non-conforming use of structure and land or water in cumbination shall not be extended or enlarged after the effective dale of this Zoning Ordinance or relevant amendment thereto by a~tachment on a structure or premises of additional signs intended Lo be seen from off the premises, or by the addition of other uses of a nature which would be prohibited generally in the district involved. c. Vested ProJ.ctm: To avoid undue hardship, nothing in this Zoning Ordinance shall be deemed to require a change in the plans, construction, or designated use of any building or property on which a building permit ]lad been applied for prior to the effective date of adoption or relevant amendment of this Zoning Ordinance. In addition, nothing in this Zoning Ordinance shall be deemed to require a change in the plans, construction, or designated use of any property for which a Developmen~ Plan was lawfully required and approved prior to the effective date of adoption or relevant amendment of this Zoning Ordinance, provided that such plan shall expire two years from the date of said ~pproval, or one year from the date of adoption of this Zoning Ordinance, whichever shall firat oeo,r, ii no ~lctual construction has been cnmmenced and therenfter all development ehall be in accordance with the zoning regulations then in effect. Any such approved pint or plan may be amended by app,'oval of the Board of County Commissioners~ provided the degree of' non-c6nformity with this Zoning Ordinance shall not be increased. 6.2 Non-Conforming Lots Of Record: In any district any permitted or permissible structure may be erected, expanded, or altered'on any lot of record at the effective date of adoption or relevant amend- ment to this Zoning Ordinance. The minimum width and minimum yard requirements shall be as for the most similar district to which such lot of record most closely conforms in the area, except when specifically provided for in the district regulations, such aa RT and 6.3 Non-Conformin8 Uses of Lands or Waters Or Structures Only: Where, at the effective dale of adoption or relevant amendment of this Zoning Ordinance, lawful u~e of lands or waters extmts which would not be permitted under this Zoning Ordinance, tile use may be con- tinued, so long as it remains otherwise lawful, provided: a. Enlargement: IncreaseI Intensification~ Alteration: No such non-conforming use shall be enlarged, intensified, increased, or extended to occupy a greater area of land , structure, or water than was occupied mt the effective date of adoption or relevant amendment of this zoning ordinance. b. Hovement: No such non-conforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use at the effective date of adoption or relevant amendment of this zoning ordinance. c. Discontinuance: If any such non-conforming use ceases for any reason (except where governmental action impedes access to the premises) for & period of more than ninety (90) con~eeutive days, any $ubaequent use of l~nd sh~ll conform to the regula- tions specified by this zoning ordinance for the district in which such land ia located. d. Subdivision or Structural Additions: No l~nd in non-conform- ing use ~hall be subdivided, nor ah&ll &ny ltructurea be &dded on such land except fo~ the purposes and in a manner conform- tnB to the regulations for the district in which such land is located; provided, however, that subdivision may be made which does not increase the degree of non-conformity of the use. e, Non-Conformities Not Involving the Use of a Principal Struc- ture: Non-conformities not involving the use of a principal structure, including, but not limited to, open storage, build- ing supplies, vehicles, mobile homes, trailers, equipment anti machinery storage, Junk yard, commercial animal yards and the like, shall be discontinued within one (1) year of the effec- tive date of this ordinance or relevant amendment of this Zoning Ordinance. 6.& Extension of Use in B%,ilding HanifestlM Designed for Such Use Any non-conforming use may be extended throughout any parts of a building which were manifestly arrnnged or designed for such use at the effective date of adoption or relevant amendment of this Zoning Ordinance. Any non-conforming use which occt,pied a portion of a building not originally designed or intended for such use shall not be extended to any other part of the building. Non-conforming use shall be extended to occupy any land outside the building, nor any additional building on the same lot or parcel, not used for such non-conforming use at the effective date of adoption or relevant amendment of this Zoning Ordinance. 6.5 Cbar, ge in Tenancy or Ownership: There may be a change in tenancy, ownership, or management of a non-conforming use provided there is no change in the nature or character of such non-conforming use. 6.6 Change in Use: If no structural alterations are made, any non- conforming use of a structure, or of a structure and premises in combination may be changed to another non-conforming use of the same character, or to a more restricted non-conforming use, pro- vided the Board of Zoning Appeals, upon application to the Commu- nity Development Administrator, shall find aftcr public notice and hearini that the proposed use is equally or more appropriate to the district than the existing non-conforming use a~d that the relation of the structure to surroundin~ properties is such that adverse effects on occupants and neiihborinE properties will not be sreater than if the exiatin~ non-confor~inE use is continued, In per. it- 11 ting such change, the Board of Zoning Appeals may requlr~ appropri- ate conditions and safeguards in accordance with the intent and purpose of this Zoning Ordinance. 6.7 Change to Conforming Use Requires Future Conformity With District Regulations: Any structure, or structure and premises in combina- tion, in or on which a non-conforming {~se is replaced by a per- mitted uae shall thereafter conform to the regulations for the district in which such structure is located, and the non-conforming use shall not thereafter be resumed nor shall any other non-con- forming use be permitted. 6.8 Casua~ Temporary~ or Illegal Use: The casual, temporary, or illegal use of land or structures, or land and ~t~octures in com- b~nntion, shall not be sufficient to establish the existence of a non-conforming use or to create rights t~ the continuance of ouch 6.9 Uses Under Special Exccptton Provisions Not Non-Conforming Uses: Any use which is permitted aa a Special Exception in a dimtrict under thc terms of this Zoning Ordinance shall not be deemed a non-conforming use in such district, but shall without further action be deemed a conforming use in such distrJct. 6.10 Non-Conforming Structures: Where a structure exists lawfully under this ZoninR Ordinance aL the effective date of its adoption or relevant, amendment that could hal be built under this Zoning Ordin- ance by reason of restr{ctiona on lot area, lot coverage, height, yards, location on the lot, or requirements other than use concern- Jn8 the strucLure, such structure may be conttnued so long as it remains otherwise lawful, aub~ect to the following provisions: a. Nm such non-conforming structure may be enlarged or altered in a way which increases its non-conformity, b~L any structure or portion thereof may be altered to decrease its non-conformity; b. Should much non-conforming structure or non-conforming portion of structure be destroyed by any means to an extent of more than fifty (50) percent of ira actual replacement coat a: time of destruction, as determ{ned by & coat-estimate submitted to the Zoning Director, it shall not be reconstructed except in conformity with provisions of this Zonin~ Ordinance. Notw{thstandin{ the foregoin~ restrictions aa to recon- struction, any residential mtructure or a:ructurem in any residential zone district may be rebuilt after destrtiction to the prior extent, height and density of units per acre ~egard- leas of the percentage of destruction. In tile event of such rebuilding, all setbacks and other applicable district quirements shall be met unless a variance therefore is ob- tained from tbs Board of Zoning Appeals. For the purpose of this Section, a hotel, motel, or boatel shall be considered to be a residential structure. c. Should such structure be moved for any reason for any distance whatever, other than aa a result of governmental action, it shall thereafter conform to tile regulationa for the district in which it is located after it is moved. 6.11 Improvements or Additions to Non-Conforming Mobile Homes: Improvements or additions to non-conformi~g mobile homes containing conforming uses, in the A-Agricultural Districts only, shall be permitted if the addition or improvement complies fully with the setback and other applicable regulations. 6.12 Destruction of Halor Structure or Structures: When non-conforming use status applies to a major structure or structures, or to a raajor structure or structures and premises in combination, removal or destruction of the structure or structures shall eliminate the non-conforming status of the land, "Destruction" of the structure for purposes of this subsection is hereby defined as damage to an extent of more than ¢tfty (SO) percent of tile replscement cost at the time of the destruction. Upon removal or destruction as set out In this paragraph, th~ .~e of land and structures shall there- fore conform to the regulatlons for tile district in which such land is located. 6.13 Repairs and Haintenance: On any non-conforming structure or por- tion of a structure and on any structure cont$ining a non-conform- ing use, work may be done in any period of twelve (12) consecutive months on ordinary repairs, or on repair or replacement of non- bearing walls, fixtures, wiring, or plumbing to an extent not exceeding twenty (20) percent of the current assessed vajustion of the structure (or of the non-conforming portion of the structure if a non-conforming portion of a structure is involved), provided that the cubic content of the structure existin~ at the date it becomes non-conforminl shall not be incre&sed. 6.14 Non-Conformin& Structures Unsafe Because of Lack of Hatotenance: If a {:on-conforming structure or portion of n structure, or any structure containing a non-conforming {{se, becomes physically unsafe or unlawfu] due to lack of repairs or maintenance, and is declared by the duly authorized official of Collier County to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired, or rebuilt except in conformity with the regulations of the district in which it is located. 6.15 Non-Conformin$ Structures Unsafe for Reasons Other than Lack of Haintenance: If a non-conforming structure or portion of a struc- ture, or any structure containing a non-conforming use, becomes physically unsafe or unlawful for reasons other than ]ack of re- pairs or maintenance, nothing contained herein shall be deemed to prevent the strengthening or restoring to a safe condition of such building or part thereof declared to be unsafe by the authorized official of Collier County charged with protecting the public safety; provided, however, that where such unsafeness or unlawful- ness is the result of damage from destruction, the percentage of damage limitations set out in Section 6.10.b. or 6.12, as the case may be, shall apply. SECTION 7. SCHEDULE OF DISTRICT REGULATIONS 7.1 General. District Regnlations shall be as set out in the Schedule of District Regulations, hereby declared to be a part of this Zoning Ordinance, or as provided in Section 8 of this Zoning Ordi- nance entitled "Supplementary District Regulations:, or aa other- wise provided in this Zoning Ordinance. The Official Schedule of District Regulations is subject to amendment in the same manner as any other portion of this Zoning Ordinance. 7.2 Districts. Districts aa shown on the Official Schedule of District Regulations and as delineated on the Official Zoning Atlas, are aa follows with titles and abbreviations for symbol purposes as indi- cated: GC RO A-I A-2 Golf Course Diatrict Recreation and Open Space District Agriculture District Rural Agriculture District 14 E RSF-1 RSF-2 RSF-3 RSF-4 RSF-5 RMF-6 RMF- 12 RMF- 16 RT VR MHSD HHRP TTRVC C-I C-2 C-3 C-4 C-5 IL PUD Estate District Residential Single-Family District Residential Single-Family District Residential Single-Family District Residential Single-Fsmily District Residential Single-Family District Residential Multiple-Family D/strict Residential Multiple-Family District Res/dent/al Multiple-Family District Residential Tourist District Village Residential District Hobile Home Subdtvtsio,, District Mobile Home Rental Park District Trmvel Trailer-Recreational Vehicle Campground District Commercial Professional District Commercial Convenience District Commercial Intermediate District Commercia! General District Commercial Industrial District Industrial, Light District Industrial District Planned Unit Development District 7.3 Dcfinitions of Groupings of Various Districts: a. Where the phrases "agricultural districts", "zoned agricultur- al'', "agriculturally zoned", "~grlcultural zoning", "rural zoning" or phraseology of similar intent, are used in this zoning ordinance, the phrases shall be construed to include: A-l, A-2, and E. b. Where the phrases "all residential districts", "residential districts", zoned residentially", or "residentially zoned", or phraseology of similar intent, are used in this Zoning Ordin- ance, the phrases shall be construed to include the following districts: RSF-I, RSF-2, RSF-3, RSF-4, RSF-5, RMF-6, RHF-12, R~F-16, RT, ~P and c. Where the phrases "¢on~ercial districts", "zoned commercial- ly", "commercially zoned", "commercial zoning", or phraseology of similar intent, are used in this ~oning Ordinance, the phrases shall be construed to include: C-l, C-2, C-3, C-4 C-5, and TTRVC. d. Where the phrases "industrial districts", "zone<! industrial- ly'', industrially zoned", "industrial zoning", or phraseology of similar intent, are used in this Zoning Ordinance, the phrases shall be construed to include: C-5, IL and I. ;.4 Unauthorized Changes Prohibited. No changes of any nature shall be made in the Official Schedule of District Regulations or any matter shown thereon except in conformity with this Zoning Ordinance. Any unauthorized change of whatever kind by any person or persons shall be considered a violation of this Zoning Ordinance and punishable as provided by Section 18 of .his Zoning Ordinance. 7.5 Final Authority of Official Schedule. Regardless of the existence uf purported copies of all or part nf the Official Schedule of District Regulations which may from time to time be published or reproduced, the Official Schedule of District Regulations which shall be located in the office of the Clerk of the Circuit Court shall be tbs final authority as to the various zoning districts herein established. 7.6 GC - GOLF COURSE DISTRICT a. District Purpose. The provisions of this district are inten- ded to apply to arena developed into golf courses and normal accessory uses of golf courses, including some uses of a co~nercia 1 nature. b. Permitted Uses and Structures. No building or structure, or part. thereof, shall be erected, altered or used, or land or water used~ in whole or in part, for other than the following: 1) Permitted Principal Uses and Structures. Golf Courses. 2) Permitted Accessory Uses and Structures: (a) Clubhouses, pro-shop, practice driving rang~ and other customary accessory uses of golf courses, or other recreational facilities. (b) Small commercial establishments, including gift shops, golf .equipment sales, reataurant~, cocktail lounges, and similar uses, Intended to exclusively serve patrons of the golf course or other permitted recre&tionsl facilities, subject to the provisions of Section 8.11 of this Ordinance, (c) Shuffleboard courts, tennis conrts0 swimming pools, and other types of facilities intended for outdoor recreation. (d) Signs as permitted in Section g.31 of this Ordln- snce, (e) A maximum of two (2) residential units in conjunc- tion with the operation of the golf coarse as deter- mined to be compatible with the adjacent zoning ss determined by the Zoning Director. c. Plan Approval Requirements. Plans for tile golf course and all accessory uses shall t)e submitted to tile Director who will review these plans and approve ~heir construction. All con- struction shall be in accordance with thc approved plans and specifications. The perimeter boundaries of Such plans shall be recorded in tile same manner as a subdivision plat. 1) General Requirements: (al Overall site design shall be harmonious in terms of landscaping, enclosure of structures, location of access streets and parking areas and location and treatment of huller ~reas. (b) Buildings shall be set back a minimum of fifty (50) feet from abutting residential districts and the setback area shall be appropriately landscaped and maintained to act as a huller zone. (c) Lighting facilities shall be orranged in a manner which will prntect rosdways and neighboring proper- ties from direct glare or other interference. (d) A site plan shall be provided ~howing pertinent structure locations. d. Maximum t{ei~ht. Thirty-five (35) feet above thc finished grade of the lot within 150 feet of any district restricted to thirty (30) feet or less in height, and forty-five (45) feet elsewhere within the district. In order to comply with the minimum flood elevation requirements, the maximum height of a structure shall be measured from the minimum base flood elevation required by the Flood Damage Prevention Ordinance. e. Minimum Off-Street Parkin~ - See Section f. S~ns: See Section 8,31, 7.7 RO - Recreation and Open Space District: a. District Purpose: This district is designed to apply to are.s which provide natural or man-made recreation and other open space lands and facilities which provide public or special group recreation, education, entertainment and relaxation. Such lands and facilities may be provided through public, private, commercial or special group sponsorship. It is thc intent of this district to implement the Comprehensive Plan wiLhtn any category shown on the Land Use Pla6 which meets the overall purpose of this district. b. Uses and Structures: No building or structure or part there- of, shaI] be erected, altered, or used, or land or water used, in whole or in part for other than thc following: l) Permitted Princ~l)al Uses and Structures: (a) ['arks and playgrounds. (b) BikinR, hiking, canoeing, and nature trails. (c) Equestrian paths. (d) Nature preserves and wildlife sanctuaries. (e) Any other open space activity which is comparable in nature with the foregoing uses and which the Zoning Director determines to be compatible in the dis- trict. 2) Permitted Accessory Uses and Structures: Accessory uses and structures customarily associated with tile uses permitted in this district. (a) Customary accessory uses of recreational facilities. 3) Permitted Provisional Uses and Structures: (a) Public swimming pools. (b) Marinas and boat ramps. (c) Community centers. (d) Amphitheatre. (e) Shooting range. (f) Race track, (g) Driving range. (h) Miniature golf course. (ilArchery ranRcs, Water ski jumps. (k)Tennis facilities. (1) Zoo, sea aquarium, aviary, botanical garden, or other similar uses. Restaurant in conjunction with recreational activi- ty. (n> ?rivate clubs and yacht clubs and related facilities of a non-commercial nature, such as boat ramps, dockn, restaurant, cocktail lounge and limited ovQrnight lodging rooms for persons arriving by yacht and docking aC the club, provided such facili- ties are used exclusively by the members of the club and their invitecs. (o) Sports facilities. (p) Any other recreational use which is comparable in nature with the foregoing uses and which the Zoning D£rector determines to be compatible in the dis- trict. 4) Prohibited Use~ and Structures: Any use or structure not specifically, or by reasonable implication, permissible herein or permissible by special exception, except new ~nd unusual uses directly related to and subordinate to the recreational open space uses, The applicant shall have the affirmative burden of establishing said intent. Development Standards: 1) Hinimum Lot Area: 2~ acres unless otherwise approved during Development Plan review. 2) HinJmum Lot Width: 150 feet unless otherwise approved during Development Plan review. 3) Yard Re~uirements for Structures: Unless otherwise approved during Development Plan review: (al Front Yard: (b) Side Yard: (c) Rear Yard: Fifty (50) feet. Thirty (30) feet. Fifty (50) feet. ~,gxtmum Height of Structures: 35 Eeet unless approved during Development Plan review. d. Silins: As permitted in Section 8.31. e. Hinimum Off-Street Parking and Off-Street Loading Require meats: Aa Required in Section g. f. Hi nisus .Landscaping Requirements: As required in l;cction 8.30. g. Development Plan Approval: Development Plan review required for all uses - See Section 10.5. 7.8 A-1 - A~ricultural District: a. District Purpose: The A-I District is intended to apply to those areas, the present or prospective use of which is pri- marily agricultural, pastoral or rural in nature. This dis- trict is designed to accommodate traditional agricultural uses, and conservation measnres where appropriate, while protecting tile rural areas of the County. The regulations iu this district are intended to permit a reasonable use of the property, while at the same time prevent tile creation of conditions which would seriously endanger, damage, or destroy thc agricultural base of tile County, or environmental re- sources of Collier County, the potable water supply, or the wildlife resources of the County. It is the intent of this district to implement tile Comprehensive Plan within, but not necessarily limited to those areas of Collier County shown as agriculture on the Laud Use Plan. b. Uses and Structures: No building or structure, or part there- of, shall be erected~ altered or used, or land or water used, in whole or in part, for o[her than Lhe following: 1) Permitted Principal Uses and Structures: (a) Agricultural activities, such as field crops, horti- culture, fruit and nut production, forestry, ranch- ing, bee-keeping, poultry and egg production, milk production, animal breeding, raising, training, stabling or kenneling. (b) 0tl and gas exploration and drilling (sub~ect to State drilling permit). 2) Permitted Accessory Uses and Structures: (a) Single-family dwellings. (b) Accessory uses and structures which are incidental to and customarily associited with uses permitted in the district. (c) Mobile home. (,1) Private heat houses and docks, with or without heat hoists, on lake, canal or waterway lots. (e) Farm labor housing subject to Section 9.3. (f) On site retail sales of farm products primarily grown on the farm. Permitted Provisional Uses anti Structures: (a) AquaculLure and mariculturc. (b) Hunting cabins, subject to all building codes and permits. (c) Extraction and related processing and production. (d) Private landing strips for general aviation. Prohibited Uses and Structures: Any use or structure not specifically, provisionally or by reasonable implication permitted herein. c. Development Standards: 1) Minimum Lot Areas: All permitted uses or special excep- tions unless otherwise specified: 5 acres. 2) Minimum Lot Width: Three hundrcd (300) feet. 3) Minimum Yard Requirements: (a) Front Yard: (b) Side Yard: (c) Rear Yard: Seventy-five (75) feet. Ten (10%) percent of the width of the lot, not to exceed a maximum require- ment of fifty (50) feet. Seventy-five (75] feeL. 4) Haximum }leiBh~ of Structures: Thirty (30) feet. 5) Maximum Density: One dwelling unit per five (5) acres. d. Minimum Off-SLreet Parking: None, unless otherwise specified within this Ordinance. e. Signs: As permitted in Section 8. 7.9 A-2 - Rural A~riculture District: a. District Purpose: The A-2 Rural Agriculture District is intended to apply to those areas, the present or prospective use of which is directly related to agriculture, pastorsl or rural in nature. The district is designed to sccommodate traditional agriculture, agricultural related activities and facilities, support facilities related to rural needs and conservation measures. The regulations in this district ere in&ended t.o permit a reasonable use of the properly, while nL the same time prevent &tie creation of conditions which would seriously deplete, endanger, damage, or destroy the agri- cultural or environmental resources of Collier CouIICy~ potable water supply or wildlife resources of the County. is the intent of this district to retain and encourage agri- culture and agriculCural related activities and facilities in accordance ~ith the objectives of the Comprehensive Plan, and to implement ~he Comprehensive Plan ~ithin, but not neces- sarily limited :o those areas of Collier County shown as agriculture on Cbc Land Use Plan. Uses and Structures: 1) Permitted Princ~nl Uaeo: (a) Single-family dwellings and mobile homes. (b) Agricultural activities, such as field crops, horti- culcure~ ~rui~ and nut production, fores:fy, ranch- lng, bee-keeping~ poultry and egg production, milk production, animal breeding, raising, training, stabling or kenneling. (c) ~tldlife management areas, plant and ~ildlife con- serva~lcies~ refuges and sanctuaries. (d) ~olesale plank nurseries and recall sales include the sale of garden supplies). (e) Any use clearly in:ended as a measure of conserva- tion. (f) Oil and gas exploraCion and drilling (subject S~a:e drilling permit). 2) Permitted Accessory Uses and Structures: (a) Accessory uses and structures which are incidental to and customarily associated ~tth the us~s permiL- ted in the district. (b) Fa~ labor housing aubjecc ~o Sec:ion 9.3. (c) On-sire retail sales of farm products primarily grown on the farm. (d) Gues~ house (subject to Section 8.38). 3) Permitted Provisional Uses and Structures: (a) ExCraction and related proceslin[ and production. 4) (b) Earth mining and related processing, (c) Churches and places of worship, Cd) Private landing strips for general aviation, (e) Sawmills, provided that no sawmill shall be located clo~er than 1,000 feet from any County, State or Federal property or highway right-of-way. (f) Cemeteries. (g) Sport race tracks and arenas, (h) Zoo, aquarium, aviary, botanical garden, or other similar use. (i) Communication towers, provided that no commuuication tower shall be located closer than one-half (~) the height of the tower plus ten (I0) feet from any County, State or Federal property or highway right- of-way. (j) Public, private and parochial school or college having a conventional academic curriculum. (See Section 8.11) (k) ltunting cabin, subject to all building codes and permits. (1) Child care centers. Prohibited Uses and Structures: Any use or structure not specifically, orovisionally, or by reasonable implication permitted herein. Devel.0pment Standards: 1) Minimum Lot Area: 2) ~) All permitted uses and special excep- tions, unless otherwise specified: 5 acres. ~linimum Lot Width: One hundred sixty-five (165) feet. Minimum Yard Requirement: (a) Front Yard: (b) Side Yard: (c) Rear Yard: Fffty (50) feet. Thirty (30) feet. Fifty (50) feet. 4) Maximum Height of Structures: Thirty (30) feet, except for accessory structures such as silos. 5) Haximum Density: One dwelling unit per five (5) acres. 6) Minimum Floor Area: 550 square feet, Minimum Off=Street Parkinl: As required in Section 8, e. S~igns: As permitted in Section 8.31. 7.10 E - £stnLes District: a, District Purpose: The provisions of this district are inten- ded to apply to an area of low density residences in a semi- rural to rural environment, permitting nil necessary residen- tial activities and limited agricultural activities. The district is designed to accommodate certain structures and uses subject to restrictions and requirements necessary to preserve and protect the low density residential, semi-rural and rural environment character of the district. It is the intent of this district to implement the Comprehensive Plan within, but not necessarily limited to those areas of Collier County shown as Low Density on the Land Use Plan. Uses and Structures: No building or structure, or part there- of, shall he erected, altered or nsed, or land or water used, in whole or part, for other than the following: 2) Permitted Principal Uses and Structures: Single-family dwellings. Permitted Accessory Uses and Structures: ia) Accessory uses and structures which are incidental to and customarily associated with the uses permit- ted in the district. (b) Field crops raised for cousumption of the people residing on the land. (c) Keeping of fowl or poultry not to exceed twenty-five (25) in total number provided such fowl or poultry are kept in an enclosure located thrity (30) feet or more from any lot line and at least one hundred (100) feet from any existing residence located in adjacent porperty. id) Keeping of horses and/or livestock (excluding pigs and hogs) not to exceed two (2) per acre. Any roofed structure for the shelter and feeding of such animals shall be no less than twenty (20) feet from any lot line or no closer than one hundred (100) feet to any existing residence located on'adJacent property. No open feed lot for animals shall be permitted. ,00 0t4 24 (c) One guest house (Subject to Section ~.:~8). 3) Permitted l'rovisionnl Uses and Str~ct~res: (a) Churches and other places of worship. (b) Public, private and parochial schools and colleges having a conventional academic curriculum. (c) Recreational facilities not accessory to principal USe. (d) Social and fraternal organizations. (Subject to Section 8,11) (e) Owner occupied child care centers (Subject to Sec- Lion 8.48), convalescent homes, hospices, rest homes, homes for the aged, adult foster homes, children's homes and rehabilitation centers. 4) Prohibited Uses and Structures: Any use or structure not specifically, provisionally, or by reasonable implication permitted herein, or permissible by special exception. Development Standards: 1) Minimum Loc Area: Two and one-quarter (2~) ~cres. 2) Minimum Lot Width: One hundred filly (150) feet. 3) Hinimum Yard Requirements: (a) Front Yard: Sev.~,ty-five (75) feet. (b) Side Yard: Ten (10%) percent of tho width of the lot noL ~o exceed a maximum require- men/ of thirty (30) feet. (c) Rear Yard: Seventy-five (75) feet. 4) Haximum ]{eight of Strt,cLures: Thirty (30) feeL. 5) ~laximum Density_~_ One (l) dwelling unit per two and one-quarter (2%) acres. 6) Minimum Floor Area: 750 square feet. Signs: As permitted In Section 8.31. Minimum Off-Street Parking: As required in Section 8. Non-conformin~ Lots of Record on the Corner of Two {2) County Streets: Any non-conforming corner lot of record which abuts two (2) County streets shall have the front yard with the longest street frontage setback S minimum of twenty-five (25') feet from the easement or right-of-way line. The front yard with the shortest street frontaRe shall require the 75 feet frontage yard setback. 7.11RSF -,,Re$~dential~ Single-Family District: a. District Purpose: These districts are ?ntomded to apply to areas of single-family residences which conform to the Collier County Building Code and low dwelling unit intensity. Varia- tion among the RSF-1, RSF-2, RSF-3, RSF-4 and RSF-5 districts is in requirements of lot area, lot width and minimum yards. Certain structures and uses designed to serve governmental, educational, religious, non-commercial recreational, and other immediate needs of such areas are permitted or are permissible as special exceptions within such districts, subject to re- strictions and requirements necessary to preserve and protect their single-family residential character. It is the intent of these districts to implement the Comprehensive Plan within, but not necessarily limited to those areas of Collier County shown as low, low to medium and medium residential densities on the Land Use Plan. b. Uses and Structures: No build{ag or structure, or part there- of, shall be erected, altered, or used, or land or water used, in whole or in part, for other than the following: 1) Permitted Principal Uses and Structures: (a) Single-family dwellings. (b) Public parks, public playgrounds, public playf~elds, and commonly owned open space. (Subject to Section 2) Permitted Accessor~ Uses and Structures: (a) Private best houses and docks. (Subject to Section g.46) (b) Customary accessory uses and structures, including private garages. (c) One (l) guest houae (Subject to Scction 8.)8). 3) Permitted Provisional Uses and Structures: (a) Non-commercial boat launching facilities, and multi- ple docking areas, (b) Recreational facilities not accesso~ to principal (c) Churches. (d) Public, private, parochl&l schools. (e} Owner occupied child care centers. (S.bject to Section 8,48) (f) Rest homes, homes for the aged, adulL foster homes, hospices, children's homes, rehabLlitaLion centers. (8) Group housing, patio housing and cjuster housing. 4) Prohibited Uses and Structures: Any use or structure not specifically, provisionally or by reasonable implication permitted herein. Development Standards: 2) 1) Minimum Lot Area: RSF-1 RSF-2 RSF-3 RSF-4 RSF-5 Minimum Lot Width: RSF-1 RSF-2 RSF-3 3) RSF-4 RSF-5 43,560 square feet. 20,000 square feet. 10,000 square feet. 7,500 square feet. 6,000 square feet. 150 feet. 120 feet. Corner Lots - 95 feet. Interior Lots 80 feet. Corner Lots - 75 feet. Interior Lots 70 feet. Corner Lots - 75 feet. Interior Lots 60 feet. Minimum Yard Requirements: RSF-I RSF-2 RSF-3 (a) Front Yard: 50 ft. 40 ft. 30 ft. (b) Side Yard: 30 ft. 20 ft. 7% ft. (c) Rear Yard: 50 ft. 30 ft. 25 ft. RSF-4 RSF-5 25 ft. 25 ft. 7% ft. 7% ft. 25 ft. 20 ft. 6) Minimum Floor Area: One Story RSF-1 & 2 1,500 square ft. (d) Accessory Structure Yard: See Section 8.2. 4) Maximum Hei&ht: For all RSF - Residential, Single-Family Districts. (a) Principal Structures: 30'. (b) Accessory Structures: 20'. 5) Maximum Density: For all RSF - Residential Single-family Districts. (a) One (I) dwelling unit per lot. Two Story 1,800 square RSF-3 1,000 aquare ft, RSF-4 800 square ft. RSF-S 600 square f:. S[gns: As permitted in Section 8.31. 1,200 ~;quare ft. 1,200 square ft. RO0 square it. e. Hinimum Off-Street Parking: As required in Section 8. 7.12 RMF-6 - Residential Multi-Family District: a. District Purpose: The provisions of this district are inten- ded to apply to an area of single family, two family and multi-family residences having a low profile silhouette and surrounded by open space and being so situated that it is well-served by public and commercial services and has direct or convenient access to thoroughfares and collector streets. It is the intent of this district to implement the Comprehen- sive Plan within, but not necessarily limited to those areas of Collier County shown ns medium density residential areas on the Land Use Plan. b. Uses and Structnres: No building or structure, or part there- of, shall he erected, altered or used, or land or water used~ in whole or in part, for other than the following: l) Permitted Principal Uses and Structures: (a) Single-family dwellings. (b) Two-f,mi]y dwellings. (c) Hulti-family dwellings. (d) Clnster housing, troop housing or patio housing. (Development Plan approval - Subject to Section ~o.5) 2) Permitted Accessory Uses and Structures: (a) Customary accessory uses and structures. (b) Private boat houses and docks. (Subject to Section 8.46) 3) Permitted Provisional Uses and Structures: (a) Churches. (b) Schools (c) Owner occupied child care centers. (Subject to Section (d) Civic and cultural facilities. (e) Recreational facilities not sccessory to princlp&l 28 (f) Rear homes, homes for the aged, adult foster homes, hospices, children's homes, rehabilitation ccnLers. (g) Non-commerciat boat launching facilities. 4) Prohibited Uses and Structures: Any ~se or structure not specifically, provisionally or by reasonable implication permitted herein. c. Development Standards: 1) Minimum Lot Area: 7,260 square feet for each dwelling unit. 2) Minimum Lot Width: 100 feet. 3) Minimum Yard Requirements: (a) Front Yard: Thirty-five (35) feet. (b) Side Yard: Fifteen (15) feet. (c) Rear Yard: Thirty (30) feet. 4) Haximum Ifeight of Structures: Three (3) habitable stories. 5) Haxim.m Density: Six (6) dwelling units per acre; also, see Section 9 for transfer of development rights. 6) Distance Between Structures: Thirty (30) feet or one- half (~) the sum of the heights of the adjacent struc- tures, whichever ia greater. 7) Development Standards for Non-Conforming I.ots of Record: (a) Single-family dwellings, in conformance with the developme~t standards of the RSF-5 district. (b) Multi-family dwellings, in ~onformance with the development standards of the RHF-6 district; except non-conforming lots of record need 6,500 square feet for each dwelling unit as the minimum lot area; and further providing that when calculating the density on these nonconforming lots, a fractional unit of .50 or greater of a unit shall entitle the applicant to an additional unit. 8) Minimum Floor Area: 750 square feet. d. Si&nat As permitted in Section 8.31. e. Minimum Off-Street Parking: As required in Section 8. 7.13 ~IF-12 - Residential Multi-Family District: a. District Purpose: The provisions of this district are inten- ded to apply to an are~ oi eultl-~amlly residence~ having · midrise profile silhouette and generally surroonded by low profile struct.res and open apace and so situated that i& ia well-served by public and commercial services and has direct or convenient access to thoroughfares and collector streets. The intent of this district is to implement the Comprehensive Plan within, but not necessarily l£mLted to those areas of Collier County shown as medium to high density residential on the Land Use Plan. Uses and Structnres: No building or structure~ or part there- of, shall be erected, altered or used, or land or water in whole or in part, for other titan the following: Permitted Principal Uses and Structures: (a) Hulti-family dwellings. (b) Group I[oustng, cjuster housing or patio housing (Development Plan approvn! required - See Section (c) To.hbo.scs (Development Plan Approval req,.~red - See Section 10.5) 2) Pcr~tttcd Accessor~ Uses and Structures: (a) Customary accessory uses and structures. (b) Private boat houses and docks. (Subject to Section 3) Permitted Provisional Uses nnd Structures: ia) Single-family dwellings. (b) Two-family dwellings. (c) Churches, public, privatet parochial schools and child care centers. id) Civic and cultural facilities. (e) Recreational facilities not accessory to principal if) Rest homes, homes for the aged, adult foster homes, children~s homes, rehabilitation centers, hospices. (g) Non-coneercial boa~ launching facilities. ih) Hulti-family dwellings up to ~ 5, and 6 stories. Prohibited Uses and Structures: Any use or structure not specifically! provisionally or by reasonable implication permitted herein. Development Standards: i) Minimum Lot Area: One (1) acre. 2) Minimum Lot Width: 150 feet. 3) Minimum Yard Requirements: ia) Front Yard: Thirty (30) feet phis one (1) foot for each two (2) feet of building height over thirty (30) feet. (b) Side Yard: Fifteen (15) feet plus one (1) foot for each two (2) feet of building height over thirty (30) feet. (c) Rear Yard: Thirty (30) feet plus one (1) foot for each two (2) feet of building height over thirty (30) feet, 4) Haximum Height of Structures: Three (3) sLories S) Maxtmum Density: Twelve (12) units per acre; also see SecLion 9.1.h. for transfer of development rights. 6) Distance Between Structures: The distance between any two (2) principal structures on the same parcel shall be fifteen (15) feet or a distance equal to one-half (~) the sum of their heights, whichever is greater. 7) Minimum Floor Area: 750 square feet. d. Signs: As permitted in Section 8.31. e. Minimum Off-Street ParkinRi As required in Section 8, 7.14 RHF-16 - Residential Multi-Family District: a. DistricL Purpose: The provisions of thie district are inten- ded to apply to an area of medium to high density residences surrounded by open space and being so situated that it is well-served by public and commercial services and has direct or convenient access to thoroughfares and collector streets. The intent of this district is to implement the Comprehensive Plan within, but not necessarily limited to those areas of Collier County shown as medium to high density residential on the Land Use Plan. b. Uses and Structures: No building or structure, or part there- of, shall be erected, altered, or used, or land or water used, in whole or in part, for other than the following: 1) PermJtted Principal Uses arid Struct~res: (a) ~lulti- family dwellings. (b) Group housing, patio housing and cjuster housing. (Development Plan approval required - See Section 10.5) (c) Townhouses (Development Plan Approval required -See Section 10.5) 2) Permitted Accessory Uses and Structures: (a) Customary accessory uses and s~ructures. (b) Private boa~ houses and docks. (Subject to Section ~) Permitted Provisional Uses and S~ructures: (a) Churches, may incl~lde child care centers. (b) Child care cen~ers. (c) Civic and cultural facili~ies. (d) Recreational facilities no~ accessory ~o principal I1~(' . (c)Non-commercial boa~ launching facilities. ~f}Schools. Prohibi~ed Uses nnd Structures: Any i~se or structure no~ speciflcnlly, provisionally or by reasonable in,plication permitted herein. Developmcn~ S~ndards: 1) Hinimum Lot Area: One (1) acre. 2) Hinimum Lot ~idth: 150 fee~. 3) Hinimum Yard Requir~ments: All building line se~back~ shall be computed by ~he following formula: 55~ of ~he building hetgh~ ~ith a minimum of 20'. ~) Haxtmum Ilei~ht of Structures: Ten (10) stories or 100 feet. ~hichever is grea~er. Haximum Density: ~ixteen (16) d~elling units per acre; also see Section 9.lb for ~ransfer of developmen~ righ~. Distance Between Structures: Between any ~wo (2) princi- pal structures on th~ same p~rcel there shall be provided a distance equ~l to one-half (~) the ~ of their heights. 7) Hlnimum Floor Are~: 750 squ~re s) 6) Si_Jjin~s.' As permitted in Section 8.31. Hinimum Off-Street Parking.' As required in Section Hinimum LandscapinR Requirements: See Section 8.30. 7.15 RT - Residential Tourist District: District Purpose: The RT Residential Tourist District is intended to provide for tourist accommodations and supporting facilities and multiple-family dwellings. This district is not designed to serve all the potential needs of tourists, but rather to provide those goods and services tourists normally require, aside from automotive oriented services which are not permitted in this district. Depending upon location, it is generally intended to utilize this district within, but not necessarily limited to those areas of Collier County which comply with the policies and objectives of the Comprehensive Plan. Uses and Structures: No building or ~tructure or part there- of, shall he erected, altered or used, or land or water used, in whole or in part, for other than the following: 1) Permitted Principal Uses and Structures: (a) Hulti-family dwellings. (b) Hotels, motels, apartment hotels - not exceeding 100'. (c)Time sharing facilities. 2) Permitted Accessory Uses and Structures: (a) Customary accessory uses and structure~. (b) Shops, personal service establishments, eating or drinking establishments, dancing and staged enter- tainment facilities, meeting rooms and auditoriums, where such uses are an integral part of an apartment hotel, hotel or motel. (c) Private bo~t houses and docks. (See Section 8.46) 3) Permitted Provisional Uses and Structures: (s) Churches and other places of worship. (b) Harinas. (c) Fraternal and social clubs. (See Section 8.11) (d) Recreational facilities and clubs not accessory to principal use. (e) Restsurants (see Definitions, Section 20), but not drive-in or fast- food reataurant,~. (,See Section 8.1~) (f) Non-commercial boat. Isunch~Lng facilities. (g) Hotel and motel up to 125 ~eet in height. 4) Prohibited Uses and Structures: Any use or structure not specifically, l)rovlslonally or by reasonable implication permitted herein. Development Standards: 1) Minimum Lot Area: One (1) acre. 2) Hinimum Lot Width: 150 feet, provided that non-conform- ing lots of record sh~ll be required to meet the yard requirements listed below, 3) Hinimum Yard Reqt~irements: All building line setbacks shall be computed by the following formula: 55'I of the building height with a minimum of 20 feet. 4) Maximum Height: Ten (10) stories or 100 feet whichever is greater. 5) Haximum Density Permitted: The maximum density for transient hotel and motel units shall be twenty-six (26) dwelling units per acre; time share facilities and multi-family dwelling units shall be sixteen (16) dwelling units per acre. Also sec Section 9.1.h. for transfer of development rights. 6) Distance Between Structures: Between any two (2) princi- pal buildings on the same parcel, there shall be provided a distance equal to one-half (~) of the sum of their heights. 7) Floor Area Requirements: (a) 500 square feet minim~ for multi-family and time share facilities. (b) 300 square feet minima with · 500 square foot maxim~ for hotels and motels except that 20~ of the total units may be utilized for suites or pent- houses, d, Signs= As permitted in Section 8.31. e. Hinimum Off-Street Parking nnd Off-Street I, ondln~ Require manta: As required in Section 8. f. Hinimum Landscaptn8 RequiremeuL~: ~ee SeCLi~Ii ~.30. 7.16 VR - Village Residential District: a. District Purposes: The provisions of this district are Inten- ded to apply to areas where a mixture of residential uses may be permitted to exist in combination ~tth fishing and farming equipment and structures~ their maintenance , repair and storage, and facilities for processing fishing catches and agricultural products. Because of the unusual nature of these developments and the importance of the fishing and agricul- tural industry, certain commercial uses may be permitted in close proximity to the residential uses, Standards for devel- opment will recognize the unusual land ownership configura- Lions which normally exist in such areas. b. Uses and Structures: No butldtnR or structure, or part there- of, shall be ercctcd~ alLcred or used, land or water used, in whole or in parL for ocher than Lhe following: 1) Permitted Principal Uses and Structures: (a) Single-family residences. (b) Two-family residences. Hobile homes. ~ulCi-family residences. 2) Permit:ed Accessor~ Uses and StrucLures: (a) Accessory uses and structures, including private garages. (b) Private boat launching facilities and multiple docking areas, including those uses for charter business or party boats, when operated by Lhe rest- dents of the principal use. (c) Storage, repair and maintenance areas and structures for fishing and farming equipment, when used by the residents of the principal use. (d) Boa: yard and way when used by the residents of the principal uae, Permitted Provisional Uses and Structures: (a) Antique shops; appliance stores; art at.dins; art ~upply shops; automobile parts stores; automobile service stations without repairs; and awning shops. (b) Bakery shops; bait and tackle shops; banks and financial institutions; barber and beauty shops; bath supply stores; bicycle sales and services; blueprint shops; bookbinders; book stores; and business machine services. (c) Carpet and floor covering sales - which may include sto~age and installation; churches and other places of worship (See Section 8.11); civic and cultural facilities; clothing stores; cocktail lounges; commercial recreation uses - indoor; commercial schools; and confectionery and candy stores. (d) Delicatessens; department stores; drug stores; dry cleaning shops; dry goods stores; and drapery shops. (e) Electri. cal supply stores. (f) Fish market; farm market; fish and agricultural product loading and unloading; storage and process- ing activities, tltilizing development standards of the Industrial District; florist shops; fraternal and social clubs; ftmeral homes - may include acces- sory residence; furniture ~tores; and furrier shops. (g) Garden supply stores outside display in rear; general offices; gift shops; glass and mirror sales - which may include storage and installation; and gourmet shops. (h) Hardware stores; hat cleaning and blocking; health food stores; and hobby a.pply stores, (i) Ice cream stores. (J) Jewelry stores. (k) Laboratories - film, research and testing; laund- ries - self-service only; leather goods; legitimate theatres; liquor stores; and locksmith. (1) Narinas; markets - food; markets meat; medical clinics; milliner~ shops; motion picture theatres; mUle~Mlll and ~uSlC ItOrel, Co (m) New car dealerships - outside displsy permitted; and (n) Office supply stores. (o) Paint and wallpsper stores; pet shops; pet supply shops; photographic equipment stores; pottery stores; printing; publishing and mimeograph service; private clubs (See Section 8.11); and professional offices. (p) Radio and television sales and services; research and design labs; rest homes; restaurants - not inclndtng drive-ins. (See Section 8.11) (q) Shoe repair; shoe stores; shopping centers - less than 2S,000 square feet gross floor area on ground floor; souvenir stores; stationary stores; and supertos rkets. (r) Tailor shops; taxidermists; tile sales ceramic tile; tobacco shops; toy shops; and tropical fish (s) Upholstery shops. (t) Variety stores; vehicle rental - automobiles only; and veterinarian offices and clinics - no outside kennels. (ts) Watch and precision instrument repair shops. Any other commercial use or professional service which Is comparable in nature with the foregoing uses and which the Zoning Director determines to be compatible in the district. 4) Prohibited Uses and Structures: Any use or structure not specifically, provisionally or by reasonable implication permitted herein. Development Standards: 1) Hinimum Lot Area: (a) Single-family residences - 6,000 square feet. (b) Hoblle homes - 6,000 square feet. (c) T~o-fsmily residences - 6,000 square feet. (d) Multifamily dwellings, hotels, motels, time share facilities and transient lodgin8 facilities - 3,000 square feet per dwelling unit, (e) All. other - none. 2)Minimum Lot Width: Sixty (60) £eet. 3)Hin/mt,m Yard Requirements: (a) Front Yard Setbacks - Twenty (20) feet. (b) Side Yard Setbacks = Five (5) feet. (c) Rear Yard Setbacks - Twenty (20) feet. 4) Maximum Height of Structures: Five (5) stories whichever is grea~er. 5) Minimum Floor Area: (a) Hulti-fnmily - 450 square /eel. (b) Single-~amily - 550 square feet. (c) Hobile llome - 550 square feet. d. Signs: As permitted in Sec:ion 8.31. e. Hinimum Off-S:ree: Parking: As required in Section 8. f. Hinimum Lnndscapin8 Requirements: See SecLion 8.30. 7.17 HIISD - Mobile Home Subdivision District: a. or 50~ District Purpose: The provisions of this districL are inten- ded to apply to an area which has been designed specifically for the placement of mobile homes for residential occupancy upon lots which are owned by tile residents thereon. Uses and Struc.~.u.r~s__..' No building or structure, or part there- of, shall be erected, altered or used, or land or water used, in whole o~ in part, for other than the following: l) Principal Uses and Structures: (a) Mobile Homes. (b) Group Ilousing (Subject to Development Plan approval - See Section 10.5). 2) Accessory Uses and Structures: (a) Accessory uses and structures customarily associated with mobile home development, such as recreational facilities, administration buildings, service build- ings, utilities, and additions which compliment the mobile homes. (b)Private boat houses and docks. (See Section 8.~6) 3) Permitted Provisional Uses and Structures: (a) Schools - public, private and parochial. (See Section 8.11) ~ (b) Civic and cultural facilities. (c) Churches and other places of worship. (See Secttort S.ll) id) Recreations1 facilities not accessory Lo pr£nctpa! 4) Prohibited Uses and Structures: Any use or structure not specifically, provisionally or by reasonable implication permitted herein, or permissible by special exception. c. Development Standards: l) Minimum Lot Area: Mobile homes G,O00 square feet. 2) Hinimum Width: Hobile homes - Sixty (60) feet. 3) HJnimum Yards: (a) Front Yard - Twenty-five (25) feet. (h) Side Yard: - Seven and one/half (7~) feet. (c) Rear Yard: - Ten (10) £eet. A) Maximum Height: Thirty (30) feeL. Accessory buildings limited to twenty (20) feet above the finished grade of lot. 5) Plan Approval Required: Plans for mobile home subdivi- sion disLrict shall be processed in the same manner as regular subdivision plats. Hobile home subdivision plats shall be recorded in the Collier County Plat Book. d. Si&ns: A= permitted in Section 8.31. e. Minimum Off-Street Parking: As required in Section 8. f. ExcepLions: Non-conforming ~ISD lots within platted subdivi- sions approved by the Board of County Commissioners and recor- ded with the Clerk of the Circuit Court prior to October 1~, 1974 shall be subject to the following standards: 1) Hinimum lot Area: In accordance with the recorded plat. 2) Hinimum Lot Width: In accordance with the recorded plat. 3) Hinimum Yard Requirements: (a) Depth of front yard - Twenty (20) feet. (b) Depth of side yard - Five (5) feet. (c) Depth of rear yard - Ten (10) feet. &) All other standards as required for conformin8 lots. 7.18 ~P - Mobile Home Rental Park: a. District Pllrp0se: The provisions of this district are tnten= ded to spply to sansled soblle hose rental parks, in vhich lots shall not be sold tn individuals and on-site ma~agement is provided. Uses and Structures: No building or strL~ct~re, or part there- of, shall be erected, altered, or used, or land or water ~zsed, in whole or in part, for other than the following: 1) Permitted Principal Uses and Struct~res: (a) Hobile homes. 2) Permitted Accessor~ Uses nnd Structures: (a) Accessory uses and structures customarily associated with mobile home parks, inlcuding patios, recreation facilities, administration buildings, service build- ings and utilities. (b) Private boar hot,sss and docks. (Section 8.46) (c) One (1) single-family dwelling in conjunction with the operation of the NIIRP. 3) Permitted Provisional Uses and Structiircs: (a) Civic or cultural facilities. (b) Churches. (c) Upon completion and occupancy of fifty (50%) percent or more of the designed lot capacity of the mobile home rental park, convenience establishments of a commercial nature, including stores, laundry and dry cleaning agencies, beauty shops and barber shops, may be permitted in mobile home rental parks subject to the following restrictions: Such establishments and the parking area primarily related to their operation shall not occupy more than five (5%) percent of the area of the park; shall be located, designed, and intended to serve the exclusive trade of the service needs of persons residing in the park; and shall present no visible evidence of their commercial character from any portion of any public street or way outside the park. (d) Nobile home sales, providing the following restr£c- finns be met: (1) Such uses shall not occupy nors than ten (I0%) percent of the area of the park or two (2) acres, whichever is smaller. (2) The outside display area shall he treated with n hard surface of either concrete or pi;mt mixed bituminous material except desirable landscaped areas which shall be separated from all paved areas. (3) A visual buffer shall be provided around the area of outside display adjacent to residential or mobile home park development or vacant land. (e) Owner occupied child care centers (See Section ~.48). 4) Prohibited Uses and Structures: Any use or structure not specifically, provisionally or by reasonable i~plication permitted herein, or permissible by special exception. Development Standards: 1) Minimum Park Size: Ten (10) acres. 2) Hintmum l.ot Area: Minimum size of lot or spare - 4,000 3) 4) 5) square feet. ~linimum Lot Width: Forty-five (45) feet. Hinimum Yard Requiremcuts: (a) Front Yard - Ten (10) feet. (b) Side Yard Five (5) or zero (0) feet - see (g) below. (c) Rear Yard - £ight (8) feet. (d) From exterior boundary of park or from any required buffer area - ten (10) feet. (e) From public street - twenty-five (25) feet. (f) From building or structures - ten (10) feet. (g) The zero (0) setback may be used on adjoining lots where carports are connected at a common lot line. In the rase of the zero setback, a minimum of ten (10) feet shall be required on the opposite side yard. Maximum Heizht of Structures: 30 feet. R__~2uired Recreation Area: The following amount of land or water shall be set aside and developed for recreation- al purposes within the mobile home rental park site: (a) Three hundred (300) square feet for each lot for the first one hundred (100) Iota. (b) Two hundred (200) square feet for each Iht in excess of one hundred (100) lots. (c) One-half (~) of the water stsrf,~ce within the park may be credited toward the required recreation area, except that st least fifty (50~) percent of the required recreation area shall be land area. 7) Development Plan Approval Requirements: Layout plans for a mobile home rental park shall be submitted in accor- dance with Section 10.5. 8) R~uired Internal Pork Street System: All lots within a mobile home rental park shall have direct access from an internal street. All internal streets within the mobile home park shall provide safe and convenient access to a public street and shall be paved or be of a hard, didst- less maLeria[. The right-of-way widths, pavinR widths, and o~her consLrt~cLion standards, including gradient and alignment of nil internal strecLs and drainnge shall be reviewed and approved by the Cot~nty Engineer. d. ~igns: As permitted in Sect ion 8.31. e. )linimum Off-Street Parking: As required in Section 8. f. Required Bt~ffers: Visual screens are required in the parking area adJncen~ to the entrance and exitway areas, as may be required under Section 8.30 of this Ordins~,cc. g. Complianc~: All ~UIRP which con~enced construction after the effective date o~ this Ordinance shall comply with all quircments of this Ordinance, except as ~urther provided herein. No HI[RP that exists on the effective date of this Ordinanre shall be altered so as to plovide a lesser degree conformity with the provisions ot this Section than existed on the e~fective dale of this Ordinance. Land already zoned ~P which does not meet the acreage requirement may be developed; however, the development shall conform ~ith ~11 other regula- tions of this Ordinance. 7.19 ~RVC = Tr~vel mrailer - Recreational Vehicle Park Camp{round District: · . District Purpose: The provisions of this district ~re inten- ded to ~pply to tr~ller lots for tr~vel tr~iler~ and recrea= tton~l vehicles not exceedinl ei{ht (8) feet in vidth ~nd not bo exceeding thirty-eight (38) feet in length. Such trailer lots are intended to accommodate travel trailers, pick-up coaches, motor homes, and other vehicular accommodations which are suitable for temporary habitation, used for travel, vacation, and recreational purposes. Campsites are intended to accommo- date temporary residency while camping, vacationin8 or recrea- ting. Uses and Structures: No building or structure, or part there- of, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: 1) Permitted Principal Uses and Structures: (a) Travel trailers, pick-up coaches, motor homes and other recreational vehicles: One (l) per lot. (b) Campsites: Oue (1) per site. 2) Accessory Uses and Structures: (a) One (1) single-family dwelling in conjunction with the operation of the TTRVC. (b) Accessory uses and structures customarily associated with travel trailer recreational vehicle parks, including patio~, recreation facilities, administra- tion buildings, service buildings, and utilities. (c) Upon completion of all required improvements of the TTRVC park, convenience establishments of a commer- cial nature including stores, laundry and dry clean- ing agencies, beauty shops and barber shops may be permitted in TTRVC parks subject to the following restrictions: Such establishments and the parking area primarily related to their operations shall not occupy more than five (5%) percent of the park; shall be subordinate to the use and character of the park; shall be located, designed, and intended to serve the exclusive trade of the service needs of the persons residing in the parkl and shall present no visible evidence of their commercial character from any portion of any public street or way outside the park. 3) Permitted Provisional Uses and Structures: (a) Civic and cultural facilities. (b) Churches and other places of worship. 4) Prohibited Uses nnd Structures: Any use or structure not specifically, provisionally or by reasonable implication or permissible by special exception. permitted herein, Development Standards: 1) Minimum Park Size: Ten (10) acres. 2) Minimum Lot Area: (a) 1,200 square feet for TTRV lots. (b) 3,600 square feet for campsites. 3) Minimum Lot Width: Twenty (20) feet feet for campsites. 4) Minimum Yards: (a) Front Yard - Ten (10) feet. 6) 7) for TTRV lots; 40 (b) (c) (d) (e) Maximum lletght of Structures: 30 feet. Required Recreation Area: The following amount of Side Yard - Five (5) feet. Rear Yard - Eight (8) feet. From exterior boundary of park or from any required buffer area - ten (10) feet. From public street - twenty-five (25) feet. From buildings or structures - ten (10) feet. land or water shall be set aside and developed for recreation- al purposes within the TTRVC park site: (a) Two hundred (200) square feet for each lot or camp- site for the first one hundred (100) lots or camp- sites. (b) One hundred fifty (150) square feet for each lot or campsite in excess of one hundred (100) lots or campsites. (c) One-half (~) of the water surface within the park may be credited toward the required recreation area, except that at least fifty (50%) percent of the required recreation area aha11 be land area. Plan Approval Requirements: Layout plans for a TTRVC park shall be submitted to the Zoninl Director and con- struction shall be in accordance with approved plans and 8) Required Internal Park Street System: All lots within a TTRVC park shall have direct access from an internal street. All internal streets within the district shall provide safe and cortventent access to a public street. Thc right-of-way widths, paving widths, and other con- struction standards, including gradient and alignment of all internal streets and drainage shall be reviewed and approved by the County Engineer. 9) Re¢luired Facilities for Campsites nnd TTRV Lots: (a) Sanitary facilities, Including flush toiletm, and showers within four hundred (400) feet walking distance from every campsite and TTRV lot as ap- proved by the Collier County Health Department. Lighting shall be provided in sanitary facilittc= at ~11 times. (b) Potable water supply as approved by the Collier County Health Department. (c) At least one (1) garbage or trash receptacle for every two (2) campsites or TTRV lots. (d) Admiaistration building and safety building open at all times wherein a portable fire extinguisher in operable condition and first aid equipment is avail- able, and a telephone is available for public use. (e)One parking space per campsite or TTRV lot. (f)One picnic table per campsite or TTRV lot. (g) One fireplace or cooking area per campsite or TTRV lot. 10) Design Standards for Campsites: (a) Campsites shall be set back a minimum of 660 feet from any county, state, or federal highway right-of- way. (b) Each campsite shall have a minimum setback of ten (10) feet from the exterior boundary lines of the campground area or from any required buffer area. (c) Each campsite shall be directly accessible by an interior road. (d) Each separate campsite shall contain a minimum of 3,600 square feet. (e) Each campsite shall contain a leve! area conLaininR at least 600 square feet for erecL~ng cnn,ping equip- ment. e. Hinimum Off-Street Parking: As required in Section 8. f. Required Buffers: Visual screens are required in the follow- tng areas: I) Parking area adjacent to the entrance and exitway areas, may be required under $ection 8 of this Ordinance. 2) TTRVC parks fronting on a highway shall provide and maintain a clear area not less than twenty (20) feet in width alongside and parallel to the highway to facilitate safe and rapid entrance and exit from the highway by arriving and departing vehicles. There shall be an additional landscaped area of five (5) feet inside the entire length of the clear area. 3) TTRVC parks abutting highways or lands zoned other than for such parks shall be effectively screened from such highways or land by a b~lffer strip at least five (5) feet wide, in which ornamental screening composed of struc- tural or plant maLerial shall be placed. Such screen shall be attractively maintained at all times. g. Compliance: All TTRVC parka which commenced construction after the effecLlve date of this Ordinance shall comply with all requirements of this Ordinance exceptas further provided herein. No TTRVC park that exists on the effective date of Lhia Ordinance shall be altered so aa to provide a lesser degree of conformity with the provisions of this Section Lhan existed on the effective date of this Ordinance. Land already zoned TTRVC which does not meet the acreage requirements may be developed; however, the developmenL shall conform with all other regulations of this Ordinance. 7.20 C-1 - Commercial Professional District: a. District Purpose: The provisions of this district are inten- ded to apply to areas located adjacent to highways and arteri- al roads. The C-I - Commercial Professional Oistrict is inten- ded to permit those uees which minimize pedestrian and vehicu- lar traffic. Large lot sl~es~ landaeaping~ controlled ingress and e~eas~ and other re~trictione are intended to minimize bo frequent inRress and egress to the highway from abutting uses. The CP district is designed Lo he compaLihle wlLh residential uses located along artertals. Uses and Structures: No building or structure, or part there- of shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: 1) Permitted Principal Uses and Structures: (a) Business and professional offices; banks; financial institutions. (b) Churches and other places of worship; civic and cultural facilities; colleges, universities and schools (See Section 8.11). (c) Funcral homes. (d) Homes for the aged; hospitals; hospices and sani= toriums. (e) Hedical offices 2) laboratories; medical clinics; medical for humans; mortgage brokers; museums. (f) Parking garages and lots; private clubs. (See Section 8.11) (g) Real estate offices; research design and development activities; rest homes; convalescent centers; and nursing homes. (h) Laboratories, provided that: (1) No odor, noise, etc., detectable to normal senses from off the premises are generated; (2) All work is done within enclosed structures; and (3) No product is manufactured or sold, except incidental to development activities. (i) Transportation, communication and utility offices -not including storage of equipment. (J) Any other professional or commercial use which is comparable in nature with the £oregoing uses and which the zoning Director determines to be compati- ble in the district. Permitted Accessory Uses and Structures: (a) Accessory uses and structures customarily associated with uses permitted in this district. (b) Caretaker's residence (see Section 8.&O), 3) Permitted Pr~visional Uses and Structures: None. 4) Prohibited Uses and Structures: Any use or structure not specifically, or by reasonable implication permitted herein: ia) Mobile homes or mobile offices, except as provided for in Section 10.6. c. Development Stnndards: 1) Hinimum Lot Area: One (1) acre. 2) Hintmum Lot Width: Two hundred (200) feet. 3) Minimum Yard Requirements: ia) Front Yard - Fifty (50) feet. (b) Side Yard - Fifty (50) feet. (c) Rear Yard - Fifty (50) feet. 4) Maximum Height of SLruct~rcs: FilLy (50) feet plL~s ten (10) feet for under building parking. 5) Hintmum Floor Area of Principal Structure: One thousand (1,000) square feet per building on ground floor. 6) Minimum Distance Between Structures: Thirty (30) feet or 1/2 tile sum of the height, whichever is greater. d. Signs: As permitted in Section 8.3~. e. Minimum Off-Street Parkin& and Off-Street Loading Require me___~nts___i.' As required in Section 8. f. Minimum Landscaping Requirements: As required in Section 8.~0. g. Required Landscape Buffer Area: When abutting residentially zoned diatricts as required in Section 8.37. h. Development ~lan Approval: All uses are subject to Develop- ment Plan approval as per Section 10.5. 7.21 C-2 - Commercial Convenience District: a. District Purpose: The C-2 Commercial Convenience District is intended to apply to areas where selected establishments may be appropriately located to provide the small scale shopping and personal needs of the surrounding residential areas and withiu convenient traveling distance. It is generally inten- ded to utilize this district to implement the Comprehensive ~lsn within, but not necessarily limited to, those areas of Collie~ County shown as "Commercial" em the ~and Use Uses anti Structures: No buildtn8 or sLructure, or part there- o[. shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: 1) Permitted Principal Uses and Structures: (a) Automobile service stations without repairs (Subject to Section (b) Bakery shops - including baking only when incidental to retail sales from the premises; barber and beauty shops; bicycle sales and service. (c) Child care centers. (d) Delicatessens; drug stores; dry cleaning - collect- ing and delivering only. (e) Food markets. (f) Hardware stores. (g) Ice cream shops, ice sales (not including ice plants). (h) Laundries - self service only. (i) Meat markets, medical offices. (j) Post offices. (k) Repair shops - radio, TV, small appliances, shoes; and restaurants - not including drive-ins. (1) Shopping center - not to exceed 25,000 square feet (See Section 10.5). (m) Veterinary clinics - no outside kenneling. (n) Any other convenience commercial use which is com- parable in nature with the foregoing uses and which the Zoning Director determines to be compatible in the district. 2) Permitted Accessory Uses and Structures: (a) Accessory uses and structures customarily associated with the uses permitted in this district. (b) Caretaker's residence. (See Section 3) Permitted Provisional Uses and Structures: None. 4) Prohibited Uses and Structures: Any use or structure not specifically, provisionally or by reasonable implica~ion permitted herein, or permissible by special exception: (a) Mobile homes ot mobile offices, excep~ as provided for in Section ~0.6, c. Development Standards: I) Minim,m Lot Area: 7,500 square feet. 2) Hinimum Lot Width: Seventy-five (75) feeL. 3) Minimum Yard Requirements: (a) Front yard - Fifteen feet (15) feet within which no parking shall be allowed nor any merchandise stored or displayed. (b) Side yard - None, or a minimum of five (5) feet with unobstructed passage from front yard to rear yard. (c) Rear Yard - Twenty-five (25) feet. (d) Any yard abutting a residentially' zoned parcel fifty (50) feet. (See Paragraph i. below) 4) Maximum [[eight: Thirty (30) feet above the finished grade of the lot. 5) Minimum Zoned Area: Two (2) acres. 6) Hlnimum Floor Area of Structures: 1,O00 square feet per building on the ground floor. 7) Distance Between Structures: Same as for sidcyard set- back. d. Signs: As permitted in Section 8.31. e. Htnimum Off-Street Parking and Off-Street Loading Require meats: As required in Section 8. f. Minimum Landscaping Requirements: As required in Section 8.30. g. Lighting: Lighting facilities shall be arranged in a manner which will protect roadways and neighboring properties from direct glare or o~her interference. h. Merchandise Storage and Display: There ·hall be no outside storage or display of merchandise. i. Required Landscaped Buffer Area: When abutting residentially zoned districts, as required in Section 8.37. 7.22 C-3 - Commerieal Intermediate a. District Purpose The C-3 Intermediate Commercial District i· intended to apply in areas which have a high degree of automobile traffic, a great deal of which originated from outside of the adjacent neighborhoods. This district ia designed to provide · greater v. Jriety of goods ·nd services th·n are permitted in the C-2 Commercial Convenience District. This district is not inten- ded to p~rmit wholesaling activities or activities which require outside storage of merchandise and equipment. Horeover, it is the intent of this district to encourage a business environment which includes businesses and services which promote a compact business to another without neces- sarily having to use the automobile in the process. It is generally intended to utilize this district to implement the Comprehensive Plan within, but not necessarily limited to those areas of Collier County shown as "Commercial" on the Land Use Plan. Uses and Structures: No building or structure, or part there- of, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: 1) Permitted Principal Uses and Structures: (n) Antique shops; appliance stores; art studios; art supplies; automobile parts stores; automobile ser- vice stations (Subject to Section 9.8). (b) Bakery shops (including baking incidental to retail or wholessle s~les); banks (branch or main office) and financial institutions; barber and beauty shops; bath supply stores; blue print shops; bicycle sales and services; book stores. (c) Carpet and floor covering sales (including storage and installation) child care centers; churches and other places of worship; clothing stores; confec- tionary and candy stores. (d) Delicatessen; drug stores; dry cleaning shops; dry goods stores and department stores. (e) Electrical supply stores. (f) Fish stores; florist shops; food markets; furniture stores; furrier shops and fast food restaurants. (g) Gift shops; gourmet shops. (h) Hardware stores; health food stores; hobby supply stores; homes for the aged; hospitals and hospices. (i) Ice cream stores; ice s&les; interior decorating showrooms, 2) 3) (J) Jewelry stores. (k) Laundries - self-service; lenther goods anti lUKgage scores; locksmiths nnd l£quor stores. fleat market; medics! off~ce or clinic for human care; mtllinary shops; music stores. (m) Off£ce (retail or professional}; office supply stores. Paint and wallpaper stores; pet shops; pet supply stores; photosrsphic equipment stores; post office. {o) Radio and television sales and service; small appli- ance stores; shoe sales and repairs; restaurants {not includin8 drive-ins or fast food stores}. Souvenir stores; stattdnery stores; shoppin8 centers (See Section 10.5}; supermarkets and sanitoriums. (q) Tailor shops; tobacco shops; toy shops; tropical fisl~ stores, (r) Variety stores; veterinary offices and clinics (no outside kennelling). (s) Watch and precision instrument sales and repair. Any other commercial use or professional service which is comparable in nature with the foregoing ~ses and which t~e Zoning Director determines to be compatible in the district. (u) Any use which was permissible under the prior GRC zoning and which was existing or for which a build- ing permit had been issued prior to the effective date of this ordinance. ?ermitted Accessory Uses and Structures: (s) Accessory uses and structures customarily associated with the uses permitted in this district. (b) Caretaker's residence (See Section 8.40). Permitted Provisional Uses and Structures (a) Indoor recreational uses, (b) Commercial schools. (c) ~otion picture theatres. (d} Uses over 50 feet in heiRht with a maximum heisht of 100 feet, 4) Prohibited Uses and Structtzres: Any use or structure not specifically, provisionally or by reasonable implication permitted herein, or permissible by special exception: (a) Hobile homes or mobile offices, except as provided for in Section 10.6. c. Development Standards: 1) Hinimum Lot Area: 7,500 square feet. 2) Hinimum Lot Width: 75 feet 3) ~ltnimum Yard Requirements: (a) Front yard Fifteen (15) feet within which no parking shall be allowed nor any merchandise stored or displayed. (b) Side yard - None~ or a minimum of five (5) feet with unobstructed passage from front yard to rear yard. (c) Rear yard - Twenty-five (25) feet. (d) Any yard abutting a residentially zoned parcel F££ty (50) feet. (e) Waterfront - Twenty-five (25) feet. G) ~laximum llcight: Fifty (50) feet. 5) ~linimum Floor Area of Principal Structure: I~000 square feet per btiilding on the ground floor. (G) Distance between structures - Same ss for sideyard set= back. d) Signs: As permitted in Section 8.31. e) Hiz~imum Off-Street Parking and O£f-Stree: Loading quirements: As required in Section 8. f) Hinimum Landscaping Requirements: As required in Section 8.30. g) Required Landscaped Buffer Area: As required in Section 8.37. h) Loadin~ and Unloading Provisions: As required in Section 8. i) Lighting: Haximum height of lights shall be fifteen (15) feet and constructed and located in a manner so that no light is aimed directly toward a residentially zoned property 200 feet o[ the ao'~rce of light. 7.23 C-G - Comracrcial General: s, District Purpose: The C-& = Commercial General District is intended to provide for a lreater variety of commercial setvi- ces and ss~es than is permitted in the C2 - Co~:ercial Conven- ience District and C-3 Commercial Intermediate District. The C-~ - Commercial General District is also intended to serve a larger trade area of the community than the C-2 nnd C-3 Dis- tricts and is designed to accommodate the motoring public as well aa the local pedestrian consumers. This district will be utilized in the implementation of the Comprehensive Plan by limiting its amount and location in accordance with the poli- cies and objectives of the Comprehensive Plan. Uses and Structures: No building or structure, or part there- of, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: ]) Permitted Principal Uses and Structures: (al Antique shops; appliance stores; art studios; art supply shops; automobile parts stores; automobile service stations without repairs (see Section 9.8); awning shops. (b) Dakery shops; bait and tackle shops; banks and financial institutions; barber and beauty shops; bath supply stores; bicycle sa]es and services; blueprint shops; bookbinders; book stores; business machine services. (c) Carpet and floor covering sales - which may include storage and installation; churches and other places of worship (See Section 8.11); clothing stores; cocktail lounges (See Section 8.11); commercial recreation uses - indoor; commercial schools; con- fectionery and candy stores. (d) Delicatessens; department stores; drug stores; dry cleaning shops; dry goods stores; and drapery shops. (el Electrical supply stores; equipment rentals inclu- ding lawn mowers and power saws. (fl Fish market - retail only; florist shops; fraternal and social clubs (See Section 8.11); funeral homes; furniture stores; farrier shops. (gl Garden supply stores - outside display in aide and rear yards; {iff shops; 8lass and mirror sales -including storaEe and installation; Eourmet shops. (h) Ilardware stores; hat cleaning and blocking; health food stores; homes for the aged; hospitals and hospices. (i) lee cream stores. (j} Jewelry stores. (k) Laundries = self service only; leather goods; legit- imate theatres; liquor stores; locksmiths. (l) Harinas; markets food; markets - meat, medical offices and clinics; millinery shops; mo~ion picture theatres; museums; music stores. (m) New car dealerships outside display permitted; news stores. (n) Office - general; office supply stores. (o) Paint and wallpaper stores; pet shops; pet supply shops; photographic equipment stores; pottery stores; printing; publishing and mimeograph service shops; private clubs (See Section 8.11); profession- a] offices. (p) Radio and television sales and services; research and design labs; rest homes; restaurants - including driv(~-in or fast food restaurants (See Section 8.1]). (q) Shoe repair; shoe stores; shopping centers (See Section 10.5); souvenir stores; stationery stores; supermarkets and sanitoriums. (r) Tailor shops; taxidermists; tile sales ceramic tile; tobacco shops; toy shops; tropical fish (s) Upholstery shops. (t) Variety stores; vehicle rental - automobiles only; veterinarian offices and clinics - no outside ken- nels. (u) Watch and precision instrument repair shops. (v) Any other commercial use or professional service which ia comparable in nature with the foregoing uses and which the Zoning Director determines to be compatible in the district. 2) Permitted Accessory Uses and Structures: and structures customarily sssociat~d permitted in this district. (a) Caretaker's residence (see Section ~.40). 3) Permitted Provisions1 Uses and Structnres: 4) Accessory t~ses with tile uses fa) Car wash. (b) Child care center (c) Con~ercial recreation - outdoor. (d) Detached residence in conjunction with a business =One (1) per business. (e) Drive-in theatres. (f) Permitted use with less than 1,O00 square feet gross floor area in the principal structure. (g) Used car lots and outdoor boat sales. (h) Vehicle rentals. fl) hotels and motels. (j) Time share facilities. Prohibited Uses and Structures: Any use or structure not specifically, provisionally or by reasonable implication permitted herein, or permissible by special exception: fa) Hobile homes or mobile offices, except as provided for in Section 10.6. c. Development Standards: l) Hinimum Lot Ares: Ten thousand (10,000) square feet. 2) Hinimum Lot Width: One hundred (100) feet. ~linimum Yard Requirements: fa) Front yard - Twenty-five (25) feet plus one (1) foot for each two (2~ feet of building height over fifty (50) feet. (b) Side yard - None, or a minimum of five (5) feet with unobstructed passage from front to rear yard. (c) Rear yard - Twenty-five (25) feet. (d) No setback is required from a railroad siding ease= ment or railroad right-of-way. (e) Waterfront - Twenty-five (25) feet, except none for marinas. (See Section 9.6) &) Haximum Height: One hundred (100) feet. ?) Distance Between Structures: Minimum Floor Area of Structures: One thousand (l,O00) square feet per bu£1ding on tho ground floor. Maximum Density: Sixteen (16) units per acre for tran- sient lodging facilities, hotel, motels nnd time si,are facilities with a maximum floor area of 500 square feet. Same as for aide yard setback. Signs: As required in Section 8.31. Minimum Off-Street Parking and Off-Street Loading Require- ments: As required in Section 8. f. Hinimum Landscaping Requirements: Aa required in Section 8.30. g. Required Landscaped Buffer Area: When abutting residentially zoned district, aa required in Section 8.37. h. Herchandise Storage and Display: Unless specifically permit- ted for a given use, outside storage or display of merchandise is prohibited. 7.24 C-5 - Commercial Industrial District: a. District Purpose: The provisions of this district are inten- bo ded to permit a range of commercial uses and services not genarally permitted in more restrictive commercial districts. The C-5 District is intended to permit inside storage and warehousing along with limited manufacturing wholly within a building and which are not obnoxious by reason of emission of odor, fumes, dust, smoke, noise, or v£bration. The C-5 Dis- trict is intended to provide uses and activities which are compatible with the policies a::d objectives of the Comprehen- sive Plan. Uses and Structures: No buildin8 or atrncture, or part there- of shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: 1) Permitted Principal Uses and Structures: (a) Aluminum fabricators and screening shops; antique shops; appliance stores; art studios; art supply shops; assembly in enclosed building; auction houses; automobile parts stores; automobile repair shops; automobile service stations with repairs (see Section 9.8)1 a~ninl shops. (b) Bakery shops; )!att and tackle shops; banks and financial institutions; barber nnd beauLy shops; bath supply stores; bicycle sales and services; bicycle shops -repair only; blueprint shops; boat sales - with outside storage; boat yards and ways; body shop; bookbinders; book stores; buildin8 main- tennnce service; building supplies; bulk storage yards not including bulk storage of flammable liq- uids; business machine services. (c) Cabinet shops; canteen services; carpet storage and installation; carpet and floor covering sales which may include storage and installation; car washes; churche~ and other places of worship (See Section 8.11); cloLhing stores; cocktail lounges (See Sec- Lion 8.11); commercial boat houses, and commercial boat storage - non-waterfront; commercial recrea- tion - outdoor; commercia! recreation uses - indoor; commercial schools; communications services and equipment repair; confectionery and candy stores; contractors storage - outside; crematoriums. (d) Drive-in theatres (see Section 8,35); delicatessens; department stores; drug stores; dry cleaning shops; dry goods stores; drapery shops. (el Electrical supply stores; equipment rentals - inclu- ding lawn mowers, power saws, etc.; employment agencies. (fl Feed and grain sales; fish markets; florist shops; fraternal and social clubs; funeral homes; freight movers; furniture refinishing; furniture stores; furrier shops. (8) Garden supply stores - outside display in side and rear yards; gift shops; glass and mirror sales which may include storage and installation; gourmet shops; gunsmiths. (h) Hardware stores; hat cleaning and blocking; health food stores; hobby supply stores; hospitals and hospices. (l) Ice cream stores. (J) ,;owelty steres. (k) Laboratories - film, research and testing; laun- dries; lawn maintenance shops; leather goods; legit- imate theatres; light manufacturing or processing (including food processing, buC not slaughter house); packaging or fabricating in completely enclosed building; linen supply shops; liquor stores; and locksmiths. (1) Narinas; markets - food; markets meat; medical of£tce and clinics; millinery shops; miscellaneous uses such as express office, telephone exchange; mo- tot bus or truck or other transportation terminal and related uses; motion picture theatres; motor- cycle sales and service; motorcycle shops - repair only; museums; music stores. (m) New car dealerships outside display permitted; news stores. (n) Office - general; office supply stores; outdoor storage yards and lots. provided s~lch outdoor stor- age yard shall not be located closer than twenty- five (25) feet to any public street and that such yard shall be completely enclosed, except for neces- sary ingress and egress, by a solid fence or wall not less than six (6) feet high, and provided fur- ther that t~is provision shall not permit wrecking yards (including automobile wrecking yard), Junk yards, or yards used in whole or in part for scrap or salvage operations or for processing, storage, display, or sales o£ any scrap, salvage, or second- hand building materials, Junk automotive vehicles, or second-hand automotive vehicle parts. (o) Paint and wallpaper stores; parking garages and Iota - commercial; peat control service; pet shops; pet supply shops; photographic equipment stores; plumbing shop; plumbing supplies; pottery stores; poultry markets; printing; lithotrsphic; publishtnl or similar establishments; private clubs (See Sec- tion 8.11)1 and profsslionsl olflces. 2) '3) (p) Radio and television stations and transmitters, but not tower; radio and television sales and services; research and design labs; rest homes; restaurants including drive-ins or fast food restaurants; retail and repair establishments for sale and repair of new and used automobiles, motorcycles, trucks and trac- tors, mobile homes, boats, automotive vehicle parts and accessorie~ (but not junk yards or automobile vehicle wrecking yards), heavy machinery and equip- ment, farm equipment; retail establishments for sale of farm supplies, lumber and building supplies, monuments, and similar uses. (q) 5ecandhar~d stores, service establishments catering to commerce and industry; sign company; sign paint- ing shops; shoe repair; shoe stores; shopping cen- ters (See Section 10.5); souveuir stores; stationery stores; supermarkets; swimming pool maintenance shop- and sanatoriums. (r) Tailor shops; taxidermists; tile sales - ceramic tile; tobacco shops; toy simps; tropical fish stores; truck stops. (s) Union halls; upholstery shops; used car lots. (t) Variety stores; vehicle rentals; veterinarian of- fices and clinics - no outside kennels; vocational, technical, trade or industrial schools. (u) Warehousing; watch and precision instrument repair shops; wholesaling, storage, or distributing estab- lishments and similar uses. Permitted Accessory Uses and Structures: Accessory uses and structures customarily associated with the uses permitted in this district. (a) Caretaker's residence (see Section 8.~0). Permitted Provisional Uses and Structures: (a) Commercial fisheries. (b) Detached residence in conjunction with business -one (1) per business, (c) Outside kennelinl and stablinl. (d) Permitted use with less than 1,000 square feet gross floor area in the principal structure. (e) l[otels and motets. (f) Time share facilities. 4) Prohibited Uses and Structures: Any use or structure not specifically, provisionally or by reasonable implication permitted herein~ or permissible by special exception: (a) Mobile homes or mobile offices, except as provided for in Section 10.6. c. Development Standards: 1) Hinimum Lot Area: Ten thousand (10,000) square feet. 2) Minimum Lot Width: One hundred (100) feet. 3) Hinimum Yard Requirements: (a) Front Yard: Twent;-five (25) feet. (b) Side Yard: None, or a minimum of five (5) feet with unobstructed passage from front to rear yard. Twenty-five (25) feet for all side yards abutting residentially zuned property. (c) Rear yard - Twenty-five (25) feet. (d) ~aterfront - Twenty-five (25) feet, except marinas req,ltre none. (See Section 9.6) (e) No setback to required from s railroad siding ease- ment or railroad right-of-way. 4) Haximum ]tei~ht of Structures: Thirty-five (35) feet. 5) Minimum Floor Area of Principal Structure: 1,000 square feet. 6) Diatance Between Structures - Same as for side yard setback. 7) Maximum Density: Sixteen (16) units per acre for tran- sient lodging facilities, hotels, motels and time share facilities with a maximum floor area of 500 square feet. d. ~i~ns: Aa required in Section 8.31. e. Minimum Off-Street Parking and Off-Street Loadin8 Require- ments: Aa required in Section 8. f. Minimum Landscaping Requirements: As required in Section 8.30. Required Landscape Buffer Areat When abutting residentially zoned districts ss required in Section 8.37. 7.25 IL - Industrial,....~.tght District: a. District Purpose: This district is intended lot light manu- facturing, processing, storage and warehonsing, wholesaling, and distribution. Residential uses are prohibited as not in character with the activities conducted in this district. Service and commercial activities relating to the character of the district and in support of activities conducted in the district are permitted. Certain commercial uses relating to automotive and heavy equipment sales and repair are permitted, hut this district is not to be deemed commercial in character. Standards are intentied to provent or reduce friction between uses in this district and also to protect nearby residential and commercinl districts. b. Uses and Structures: No building or structure, or part there- of, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: 1) Permitted Principal Uses and Structures: (a) Bulk storage yards, not including bulk storage of flammable liquids. (b) Laundries; light manufacturing, processing (inclu - ding food processing, but not slaughter house), packaging, or fabricating in completely enclosed building. (c) Medical offices and clinic in connection only with industrial activity. Hiscellaneous uses such as express office, telephone exchange, commercial parking ]ots and parking garages, motor bus, truck, railroad or other transportation terminal and re- lated uses. (d) Outdoor storage yards and lots, provided such out- door storage yard shall not be closer than twenty- five (25) feet to any public street and that such yard shall be completely enclosed, except for neces- sary ingress and egress~ by an opaque fence or wall not less than six (6) feet high. (e) Printing, lithographing, publishing or similar establishments. 62 2) 3) 4) (£) Retail and repair establishments for sale and repair of new and used automobiles, motorcycles, trucks an,I tractors, mobile homes, boats, automotive vehicle parts and accessories, heavy machinery and equip- meat, farm equipment; retail establishments for sale of farm supplies, lumber and building supplies, monuments, and similar uses. (g) Schools - vocational, technical, trade, or indus- trial, and similar uses; service establishments catering to commerce and industry including linen supply, freight movers, building trades contractors, communication services, business machine service, canteen services, restaurant (including drive-in restaurants), hiring and union halls, employment agencies, sign company, and similar uses. (h) Wholesaling, warehousing, storage, or distribution establishments, and similar uses. Permitted Accessory Uses and Structures: Accessory uses and structures customarily associated with uses permitted in Chis district. (a) Caretaker's residence. (See Section 8.60) Permitted Provisional Uses and Structures: (a) Any light industrial use not specifically permitted or prohibited which ia otherwise lawful and is in keeping with the overall character of this district. Prohibited Uses and Structures: Any uses or structures not specifically, provisionally, or by reasonable impli- cation permitted herein, including the following which are listed for emphasis: (s) Chemical and fertilizer manufacture. (b) Dwelling units (including motel and hotel) except aa provided under accessory uses. (c) Explosives manufacturing and storage. (d) Paper and pulp manufacture. (e) Petroleum refinin8, (f) Slaughter of animals, stockyards or feeding pens. (g) Tannery or the curing or storage of raw hides. (h) Yards or lots for scrap or salvage operations or for processlnR, atoraRe, display, or sale of any scrap, salvage, or second-hand b~sildlng material· and auto- motive vehicle parts, lncludinR wrecking yardi and Junk yards. Development Standards: 1) Minimum Lot Ares: 3) 6) Ten thousand (10,000) square feet. Minimum Lot Width: One hundred (100) feet. Hinimum Yard Requirements: (a) Front Yard - Twenty-five (25) feet. (b) Side Yard - Ten (10) feet, except that no side yard shall be less than fifty (50) feet from an abutting residentially zoned lot. (c) Rear Yard - Fifteen (15) feet, except that no rear yard shall be less than fifty (50) feet from an abutting residentially zoned lot. (d) Waterfront - Twenty-five (25) feet. (e) No setback is required from a railroad easement or right-of-way. (f) Setback requirement· are measured from the right-of- way line in cases involving public streets. In cases where the property ia provided access through a private easement, the setback requirements shall be measured from the inside edge of the private easement of the subject property. In the event that the owner of the property ia unable to provide adequate off-street parking, loading, and vehicular circulation as a result of messurin8 the setback from the inside edge of · private easement, the Zoning Director is authorized to reduce the setback requirements from the inside edge of the private r. ad, provided such reduction is not greater than 25% of the required setback. Naximum Heizht of Structures: Fifty (50) feet. Hinimum Floor Area of Structures: 800 square feet. Distsnce Between Structures! None, or if separated Fifteen (15) feet or ~ the sum of the heights, whichever il greater. d. Signs: As permitted in Section 8.31. e. Hinimum Off-Street Parking and Off-Street LoadtnLRcquire- men:s: As required in Section 8. f. Minimum Landscaping Requirements: When abutting residentially zoned district as required in See:ion 8.30. g. Required Landscaped Buffer Area: As required in Section 8.37. h. Fence Requirements: Where required, · fence shall be of masonry or wood, or other material approved by the Zonin8 Director, at leas: seven (7) feet in height above ground level. See Section 8.33, Fences, Walls and lledges. 7.26 I - Industrial District: a. District Purpose: The purpose of this district is to permit bo industrial uses under such conditions of operation as will protect residential and commercial uses and adjacent indus- :rial uses. The I District is designed to allow outside storage of equipment and merchandise. The I District is intended to provide land for basic industrial uses which are not permitted in other zoning districts, but which are essen- tial to the needs and well-being of the community. The I District is not to be deemed commercial in character. Uses and Structures: No building or structure, or part there- of, shall be erected, altered or used, or land or water used, in whole or in part, for ocher than the following: 1) Permitted Principal Uses: (a) Airports and landing fields - Development Plan required (See Section 10.5.); alumtnium fabricating and screening; awning shops; auction houses; assem- bling, pack·gin8 and fabricating operations; automo- tive parts store; and automobile service station (with or without repair (See Section 9.8). (b) Body shops, mechanical repairs; building supply; banks and financial institutions; blueprint shops; and boat sale· with outside storage. (c) Clothing fabrication; commercial and private parking lots and parking garages; contractors' equipment storage yards; coal and rood yards or similar uses~ Commercial recreation - indoor and outdoorl commer- cial service end equipment repair~ cabinet ahopal car washes; con~mmtcatton offices - including stor- age equipment; and carpet and floor covering storage and installation (including sales). (d) £1ectrical supply stores; equipment rentals (includ- ing lawnmowers and power saws); furniture refinish- ing; feed and grain sales; glass and mirror storage and installation (including sales); gunsmiths; and ice plants. (e) Kenneling; atabling; animal clinics; veterinary hos- pitals. (f) Laundries; lumber and building supplies, monuments and similar uses; laboratories; locksmiths; and lawn maintenance shops. (8) Manufacturing, warehousing, storing, processing, canning, packing, mining, extracting or similar uses; marinas, commercial boat storage, boat build- ing, bout ways, boat yards and commercial fisheries; medical office or clinics in connection only with industrial activity; miscellaneous uses, such as express office, telephone exchange, motor bus, truck, railroad or other transportation terminal and related uses; motorcycle shops (repair only); and new car dealerships outside display permitted, (h) Printing and publishing; offices; office supply stores; outdoor storage yards and lots, provided such outdoor storage yard shall not be located closer than 25 feet to any public street or easement and that such yard shall be completely enclosed, except for necessary ingress and egress, by a solid fence or wall (opaque) not less than 6 feet high, and provided further that this provision shall not permit wrecking yards (including automobile wrecking yard), recycling yard, or yards used in whole or tn part for scrap or salvage operations or for process- ing, storage, display or sales of any scrap or second-hand bulldint materials, junk s~tomotive vehicles, or second-hand automotive parts; pest control aervicesl pltmbinl ahopi plumbinl and bath 2) supplies; packaging or fabricating in completely enclosed building. (i) Radio and television stations and transmitters; railroad rights-of-way and sidings; repair shops; research, design and development activities; restau- rants -including drive-in., or fast food; Radio-TV stations and transmitters (includin8 towers); repair establishments for sale and repair of new and used a,tomobiles, motorcycles, trucks, tractors~ mobile homes, boats, heavy equipment and machinery, farm equipment. (J) Sales and service of trucks and heavy equipment; service establishments catering to conunerce and industry lncludin8 linen supply, freight movers, building trades contractors, communication services, business math/ne warehousing end services, canteen services, hiring and union halls, sign company, and similar uses; storage yards; swimming pool and maintenance shops. (k) Vocational, technical, trade, or industrial schools and similar uses excluding dormitories; tax/der- mists; tile storage and installation (including sales); truck stops; upholstery shops; used car lots; vehicle rents1. (1) i~holesale establishments. (m) Any other intensive commercial, industrial or manu- facturing use which is comparable in nature with the foregoing uses and which the Zoning Director deter- mines to be compatible ill this district. Permitted Accessory Uses and Structures: Accessory uscs and structures customarily associated with the uses permitted in this district, including offices, retail sales, and structures which are customarily accessory end clearly incidental end subordinate to permitted principal uses and structures; provided, however, that no residen- tial facilities shall be permitted in the district except for housing of security [uards, watchmen or caretakers whose work requires residence on the premises, (See Bection a.&o). 3) Permitted Provisional Uses and Structures: The following uses :hall include, hut not be limited to any other uses which in the opinion of the Zoning Director is of a similar character as those specified below: (a) Hanufacturtng: Involving primary production of the following products from raw materials: asphalt, cement, charcoal and fuel briquettes, aniline dyes~ ammonia~ carbide~ caustic soda, cellulose, chlorine, carbon black and bone black, creosote, hydrogen and oxygen, industrial alcohol, nitrates of explosive nature, potash~ plastic materials and synthetic resins, pyroxylin, rayon yarn and hydrochloric, nitric, phosphoric, picric, and sulphuric acid, coal, coke and tar products, explosives, fertilizer, gelatin, animal glue and size, gas manufacturing; unless incidental to a principal use, turpentine, matches, rubber, soaps, fat rendering, (b) Processing: Involving the followiug: Nitration of cotton or other materials, magnesium foundry, reduc- tion, refining, smelting of metal or metal ores~ refining of petroleum products and by products; curing or tanning of raw green or salted hides or skins; melting and allowing of metals; stockyards; recycling centers; slaughter houses; slag piles; ammonia; and storage of fireworks or explosives and automobile wrecking. (c) Wholesale storage of gasoline, liquified petroleum, gas, oil, or other flammable liquids or gases, but not located within five hundred (500) feet of the nearest residential district. (d) Detached residence in conjunction with business -one (1) per business. 4) Prohibited Uses and Structures: Any uses or structures not specifically, provisionally~ or by reasonable impli- cation permitted herein. Development Standards: 1) Hinimum Lot Area: T~enty thousand (20~000) square feet. 2) 3) Minimum Lot Width: One hundred, (100) feet. Mlnin,.m Yard Requirements: (a) Front Yard - Fifty (50) feet. (b) Depth of Total Side Yard Setback - 20% of the width of the lot, not to exceed a maximum of fifty (50) feet. It shall not be mandatory that the required side setback be located equally alon8 each side of the lot. The total side yard setback requirements of the two side yards may be combined and appor- tioned among the Lwo side yards in any manner de- sired except as required in (1) and (2) of this Paragraph, aa long as the sum of the aide yard apportioruncnts are equal to the total aide yard requirements. (1) The minimum depth of any aide yard abutting a lot which ia not zoned I-Industrial, shall be twenty-five (25) feet. (2) In no case may the depth of a side yard be reduced to less than ten (10) feet from any structure on an abutting lot except where no side yard ia provided and the buildings are separated by a common wall. (c) Depth of Rear Yard Setback Fifteen (15) feet except that no rear yard shall be less than fifty (50) feet of an abutting residentially zoned lot. (d) Other Setbacks: T~enty-five (25) feet from water- front. No setback is required from a railroad ease- ment or right-of-way. (e) Setback requirements are measured from the right-of- way line in cases involving public streets. In cases where the property is provided access through a private easement, the setback requirements shall be measured from the inside edge of the private easement of the subject property. In the event that the owner of the property is unable to provide adequate off-street parking, loading, and Vehicular circulation as a result of measuring the setback from the inside edge of · private easementt the ]1. 7.27. Zoning Director is authorized to reduce the setback requirements from the inside edge of the private road, provided such reduction is not greater than 25% of the required setback. 4) Haximum ][eilht of Structures: Thirty-five (35) feet. 5) Minimum Floor Area of Structures: One thousand (1,000) square feet. 6) Distance Between Structures: None, or if separated Fi£teen (15) feet or onehalf (~) the sum of the heights of the adjacent structures on the same lot, whichever is greater. Signs: As permitted in Section 8.31. Minimum Off-Street Parking and Off-Street Loadin8 Require masts: As required in Section 8. Minimum Landscaping Requirements: As required in Section 8.30. Required Landscaped Buffer Area: When abutting residentially zoned land as required in Section 8.37. Fence Requirements: When required a fence shall be of masonry or wood, or other material approved by the Zoning Director, at least seven (7) feet in height above ground level for all uses not contained in an enclosed building. In all cases of junk yards, said fence or wall should be of such construction so as to completely conceal al~d block the fenced materials from the view of neighboring land owners and passersby, and shall meet all rules and regulations concerning zoning and construction in Collier County. See Section 8.33. (PUD} PLANED UNIT D£VELOPM~NT DISTRICT: Intent and Purpose: The intent and purpose of establishing the Planned Unit Oevelopment - PUD - District is to provide an optional alternative zoning procedure so that planned develop- ments may be instituted at appropriate locations in the County in accordance with the planning and development objectives of the County. IL ia the intent and purpose of these PUD re.ula- tions to encourage, as well as permit, land planners, archi- tects, engineers, builders, and developers to exercise insenu- ity and imagination in the plannins and development or development of relatively laras tracts of land under unified owner·hip nr control. Although planned unit developments produced in compliance with the terms and provisions of thLa Ordinance may depart from the strict application of use, setback, height~ and minimum lot requirements of conventional zoning regulations, the intent is to provide standards by which flexibility may be accomplished, while maintaining and protecting the public Lnterest~ so that: I) A more creative approach may be taken to the development of contiguous tracts of land five (5) acre or more in size, 2) A more desirable environment may be accomplished than would be possible through strict application of the minimum requirements of this Zoning Ordinance. 3) Land may be used more efficiently, resulting in smaller networks of utilities and streets with consequent lower construction and future maintenance costs. 4) Thc impact of a p~rtic,lar planned unit development on the present and projected population, economy, land use pattern, tax base, street system, and public facility network(s) of the County may be carefully evaluated relative to Lhe various costs and benefits that may be associated with such development. 5) Application of Planned Unit Development techniques to a 8ivan tract will permit large scale development, which features amenities and excellence in the form of varia- tions in siting, mixed land uses and/or varied dwelling types, as well as adaptation to and conservation of the topography and other natural characteristics of the land involved. b. Planned Unit Development: Defined: A planned unit develop- meat is hereby defined aa a contiguous tract of land not less than five (5) ·cra· in size~ except ·s other~iae provided, under unified control which ia planned and improved: 1) To function as · relatively self-contained and readily identifiable district, ·ection~ or neighborhood of the County; 2) To ·ccomod&ce · v·riety of dwellins types toBether with appropriate commercial, institutional~ industrial, and public uses and activities as deemed necessary to pro- perly serve prescribed density and population levels for the development as a whole, or for any destinated com- ponent thereof; and 3) In a single development operation or programmed series of development operations over an extended period of time according to an officially adopted Hasler Plan and re- lated programs for the provision, operation, and main- tenants of such areas, improvements, facilities, and services as will be for the common use of all residents and/or users of the planned community. c. Relation of Planned Unit Development Regulations t° General Zoning, Subdivision or Other Applicable Regulations: The pro- visions which follow shall apply generally to the creation and regulation of all PUD Districts. ~v~ere there are conflicts between these special PUD provisions and general zoning, subdivision or other applicable regulations, these special regulations shall apply. The standards as contained herein, and the PUD guides and standards adopted as part of these regulations shall apply to the creation of PUD Bi·tracts and to the issuance of builJing permits and certificates of occu- pancy in such districts. d. Planned Unit Development Districts: }Iow Established: ~here Permitted: PUD Districts may hereafter be established from designated pre-existing zoning districts by amendment of the Official Zoning Atlas where tracts of land suitable in loca- tion, extent and character for the structures and uses pro- posed are to be planned and developed according to the pro- cedures and requirements herein set out. Planned Unit Development Districts: General Requirements and Limitations: The gollowin8 general requirements and limita- tions shall apply in PUD Districts approved under the terms and provisions of these regulations: 1) Unified Control: All land included for purpose of devel- opment within · PUD District shall be owned or under the control of the ·pplicant for such zoning design&tiont whether that applicant be an lndividualt partnership or corporation, or · Stoup of individuals) partnerships or corporations. The applicant shall present firm evidence of the unified contrn! of the entire area within the proposed PUD District and shat1 state agreement that, if he proceeds with the proposed developmenL, he will: (a) Do so in accord with: ~he flaster Plan of development officially adopted for the district; (2) Regulations existing when the amendment felon- tag the land to PUD is adopted; and (3) Such other conditions or modifications as may be attached to the rezoning of land to the PLID classification. (b) Provide agreements, contracts, deed restrictions, or sureties acceptable to the County for completion of the undertaking in accord with the adopted Haster Plan as well as for the continuing operation and maintenance of such areas, functions and facilities that are not to be provided, operated or maintained at general public expense, and (c) Bind his successors in title to any commitments made under (a) and Cb) preceding. 2) Haster Plan: Any application for re-zoning to PUD shall be accompanied by a professionally prepared Master Plan of the development comprised, as a minimum, of the fol- lowing elements: (a) A development plan, drawn to acceptable scale, which shall indicate: (l) The title of the project and name of the devel- oper; (2) Scale, date, north arrow, and general location map showing relationship of the site to such external facilities ss highways, shopping areas, cultural complexes and the like; (3) Boundaries of the subject property, all exist- ing streets, land uses, watercourses, ease- ments, section lines, and other important physical features within and adJoininl the proposed proJectt (4) The proposed use of all land withict the project boundaries, including tile location and function of all areas proposed to be dedicated or re- served for community and/or public use; (5) The location and size (aa appropriate) of all existing and proposed drainage, water~ sewer, and other utility prowls'ions; (6) The location and nature of all other existing public facilities, snch as schools, parka, fire stations and the like; (7) Information about existing vegetative cover and soil conditions in s~lfficient detail to indi- cate suitability for proposed structures and uses; (8) A plan for pedestrian and vehicular circulation showing the general locations, widths, and recommended surface treatment of all major internal thoroughfares and pedestrian access- ways. A diagrammatic flow chart demonstrating the pattern of vehicular trafiic movement to~ within, and through the planned development; (9) A plan for the provision of all needed utili- ties to and within the planned community; including (as appropriate) water supp]y~ treat- meat and disposal; electric power; gas and communications (telephone~ cable TV). (b) A written legal description of the subject property together with names and addresses of all owners of record. (c) Supportive report(s) which aha11 include: (1) A statement indicating how and why the proposed project complies with planning and development objectives of the County; (2) A general description of the proposed develop- ment, including information aa to: (I) Total acreage involved in the 'project. (II) The number of acres devoted to the various categorlel of land uae aho~n on the devel- opment plan, together with the respective peccentage o/ total project acreage repre- sented by each category o/ uae. (III) ?he number and type of dwelling units involved and the corresponding overall project density in dwelling units per grabs acre. (IV) The minimum design standards reflected by the site plan for such £eatures as lot shape and nile, internal streets and pedestrian ways, open space provisions, e/f-street parking, signs, and lnndscnp- ing, as required. (V) Dwelling unit densities for each residen- tial component. (3) A proposed schedule of development which iden- tifies the anticipated project and component start and completion dates, stages o/ develop- ment, and the area and location of common open space to be provided at, or by, each stage; and A statement and/or map indicating which streets or roads (and pedestrian ways as appropriate) are proposed for public ownership and mainte- nance, and whether approval is sought as part of the Haster Plan for private roads if any are within the district. (d) As determined by the Community Development Adminis- trator, schematic architectural drawings (floor plans, elevations, perspectives) of all proposed structures and improvements, except single-family residences and their related accessory buildings, aa appropriate. (e) Agreements, provisions, or covenants which xovern the use, maintenance, and continued protection of the planned unit development and any of its co,on areas or facilities. (f) Professional Services Required: Any Master Plan of Development submitted in support of an application for PUD zoning shall certify that the services of two (2) oc more of the following professionals were utilized in the design or planning process: (1) An urban planner who possesses the education and experience to qualify for full membership in the American Institute of Certified Plan- ners; and/or a landscape architect who possess- es the education and experience to qualify for full membership in the American Society of Landscape Architects; (2) Together with either a practic'ing civil engin- eer licensed by the State of Florida, or a practicing architect licensed by the State of Florida. Common Open Space or Common Facilities: Any common open space or common facilities established by an adopted Haster Plan of Developmcnt for a PUD Dis- trict shall be subject to the following: (1) The Planning Commission may recommend that the Board of County Commissioners require that the petitioner provide for and establish an organ- ization for the ownership and maintenance of any common open space and/or common facilities, and such organization shall not be dissolved nor shall it dispose of any common open space or common facilities, by male or otherwise, except to an organization conceived and estab- lished to own and maintain the common open space or common facili'tiea. However, the conditions of transfer shall conform to the adopted Haater Plan. (2) In the event that the organization established to own and maintain common open space or common facilities, or any successor organization, shall at any time after the establishment of the planned unit development fail to meet conditionl in accordance with tho adopted Master Plan of D~ve~opment, the Community Development Administrator may serve written notice upon such organization and/or the owners or residents of the planned unit development and hold a public hearing. If deficiencies of maintenance are not corrected within thirty (30) days after such notice and hearing, the Community Development Administrator shall call upon any public or private agency to maintain the common open space for a period of one (1) year. t~hen the Community Development Adminis- trator determines that the subject organization ia not prepared or able to maintain the common open space or common facilities, such public or private agency shall continue maintenance for yearly periods. (3) The cost of such maintenance by such agency shall be assessed proportionally against the properties within the planned unit development that have a right of enJo~nent of the common open apace or common facilities and shall become a lien on said properties. (h) Dedication of the Public Facilities: The Planning Commission and the Roard may, as a condition of approval and adoption of PUD zonin8 and in accord with the Master Plan of Development, require that suitable areas for streets, public right-of-way, school, parks, and other public facilities to be set aside, improved, and/or dedicated for public use. (i) Deviations from the required Master Plan elements: The Community Development Administrator may exempt a petition from certain required elements of the Master Plan when the petition contains conditions which show the elements can be waived without a detrimental effect on the health, safety and welfare of the community. These exemptions shall be listed in the Staff Report to the Planning Commission. Planned Unit Development: Specific Requirements! Limitations! and Standardsl In addition to ill lenerll, provllionl end procedures set out in this Subsection, the following specific requirements, limitations and standards shall apply particu- larly to: location of PUD Districts intended primarily for residential uses and purposes but containing commercial retail or service activities, location of PUD Districts intended primarily for commercial and industrial uses or combination thereof; the preparation of Hasler Plans for the two (2) items immediately preceding; the review of applications for rezoning to PUD; and the development (or re-development) of PUD Dis- tricts that have been adopted as amendments to this Zoning Ordinance. 1) Location: PUD Districts shall be so located as to pro- vide adequate access for the population to be expected and in accord with the provisions and ,tandards herein set out. 2) Hinimum Area Required: The minimt~ area required for a Planned Unit Development District shall be five (5) 3) Character of the Site: Any proposed PUD shall be suit- able for development in the manner proposed without undue hazards to persons or property, on or off the tract, from probability of flooding, wind or water erosion, subsi- dence or slipping of the soil, or subsidence of buildings or other structures of facilities. Condition of soil, ground water level, drainage, and topography shall all be appropriate to both kind and pattern of use or uses intended. The site shall also contain sufficient width and depth to accommodate adequately its proposed use and design. &) Uses Permitted: The following uses either individually or combination thereof, shall be permitted in PUD Dis- tricts when they are shown on the Hasler Plan of Develop- ment adopted by the Board of County Commissioners for such districts: (a) Dwellings of any variety or combination of types. (b) Accessory buildings and accessory uses. (c) Conwon public and private open spaces. 5) (d) Parks, playgrounds, community centers, or other recreation ot social facility owned and operated by a non-profit organization. (e) Recreations! facilities such as golf, swimming, tennis and country clubs0 (f) Houses of Worship, libraries, schools, nursing homes, child care centers, hospitals. (g) Public parks and playgrounds, public buildings, public utility and service uses. (h) Marina. (i) General service commercial, industrial and profes- sional office uses or combination thereof. (j) Support business and retail facilities, provided the amount of land designated for such uses does not exceed five (5) percent of the gross area of the total development unless a larger area has been designated on the Comprehensive Plan. {k) Entry level multifamily rental dwellings in accor- dance with Paragraph f 6) of this section, exluding Paragraph e 2) [(d)-(g)] and Paragraph f 7), 8) and ~o). Haximum Residential Densities Permitted: (a) Haximum density for shy residential component or group of components shall noL exceed the maximum density permitted in the district the use most closely resembles. (b) The Planning Commission may recommend deviations on density or extent of development when it has deter- mined that development to the maximum density per- mitted in Paragraph (s) above would: (1) Create inconvenient or unsafe access to the PUD, or (2) Create traffic congestion in the streets which adjoin or lead to the PUD, or (3) Place a burden on psrka~ recreational areas~ schools, and other public facilities vhich serve or are proposed to serve the PUD, or 6) Be in conflict with the Reneral Intent and provisions of the Comprehensive Plnn, or (5) Create a threat to properly or incur abnormal public expense in areas subject to natural hazards. (c) The overall density of a PUD shall be calculated by dividing the number of dwellin8 units by the total gross development area. Hulti-Family Entry Level Rental Housin~ Areas (To become effective April l, 1982.) (a) Intent: This ares is intended to apply to an area of entry level multi-family residential rental units having a mid-rise profile silhouette and generally surrounded by low profile structures and open space and so situated that it is well-served by public and commercial services and has direct or convenience access to thoroughfares and collector streets. This area is intended to implement the Comprehensive Plan and provide mid-ride multi-family dwelling accommodations in accordance with the goals, objec- tives and policies of the Comprehensive Plau. This area is baaed on the following findings of fact by the fload of County Commissioners: (1) That Collier County is among the highest rental and purchase housing markets in the State of Florida; (2) There is a real need for additional housiug facilities both rental and purchase in the low to moderate income ranges; (3) Due to the shortage of affordable housing in the low to moderate income range, local busin- esses have experienced difficulty in recruiting and retaining qualified employees within many necessary employment classifications; (4) That the creations of this district would discourage younI families, presently unable to find affordable housing, from moving elsewherel (5) That the creation o£ this district would attract busLness to the community by stabJliz- tn~ the work force and providing affordable housing for semi-skilled, skilled, trade and young professional workers; (6) That providing incentives to the private sector to provide lo~ and low-to-moderate income housing would strengthen the County's tax base by keeping such projects on the tax rolls; (b) Permitted Uses and Structures: No buildin8 or structure, or part thereof, shall be erecte, altered or used, or land or water used, in whole or in part, for other than the following: (1) Permitted Principal Uses and Structures (i) Multi=family rental dwellings units. (c) Haximum Density: Sixteen (16) residential units per gross acre. (d) Minimum Lot Area Requirement: Five (5) acres. (e) M£nimum Lot Width: One hundred and fifty (150) feet as measured at the front yard building line setback. (f) M£nimum Yard Requirements: (1) Depth of front yard - Thirty (30) feet plus one (I) foot for each two (2) feet of building height over thirty (30) feet. (2) Depth of side yard - Fifteen (15) feet plus one (I) foot for each two (2) feet of building height over thirty (30) feet. (3) Depth of rear yard - Thirty (30) feet plus one (1) foot for each two (2) feet of building height over thirty (30) feet. (g) Distance Between Structures: (1) If there is & separation between any two (2) principal structures on the same parcel, said separation shall be a minimum of fifteen (15) feet or · distance equal to one=half (~) the sum of their heights, whichever is the greater. (h) Mlnimu~ and M·xir~m Floor Are· of Princip·l Strut- s) (1) Efficiency Apartments (i) Minimum Floor Area - 650 square feet. (ii) Maximum Floor Area - 525 square feet. (2) One bedroom apartment (i) Minimum Floor Area - 650 square feet. (ii) Maximum Floor Area 650 square feet. (3) Two bedroom apartment (i) Ninimum Floor Area - 650 square feet. (ii) Maximum Floor Area - 900 square feet. (6) Three bedroom apartment (i) Hinlmum Floor Area - 900 square feet. (ii) Haximum Floor Area - 1,050 square Eeet. (i)Naximum lleight of Structures: (1) Three (3) living floors. (j) Minimum Landscaping Requirements: As reqttired in Section 19 of this Ordinance. (k) Minimum Off-Street Parking: (1) Efficiency Apartments 1 space per dwelling unit. (2) One Bedroom and above - 1.5 spaces per dwellign unit. (3) Two Bedrooms or more - 2 spaces per dwelling unit. (Rev. ORD 80-60). Commercial Components: Commercial areas in a 8ivan PUD District are designed and intended to serve either the residential component or the community generally, and are so designated by the adopted master plan for said dis- tract, shall be and are hereby considered to be planned unit developments or part of a planned unit development as defined by this subsection. Required master develop- ment plans for these commercial PUD components sksll therefore be prepared, reviewed and carried out in com- pliance with all applicable requirements, limitations and standards, as set out in this Subsection. ~inimum Lot Area and Frontase Requirements Within a PUD : No mtnimms lot size or yards shall be required within a PUD, except that frontals on dedicated public roads shall observe front yard requirements in accordance with the zoning classt~lcatinn the use most closely resembles, and peripheral yards abutting the exterior limits of the PUD boundary (pxcept for boundaries limited in or by water) shall observe yard requirements in accordance with the zening classifi~ation the use most closely resembles. £vecy dwelling unit or other use permitted in the PUD shall have access to a public road or street either directly or via an approved road, pedestrian way, court, or other ares dedicated to public use or reserved for private use, or common element guaranteeing access. Permitted uses are not required to fronL on a public dedicated road or street. 9) Off-Street Parkin~ and Off-Street Loadin~ Requirements: Off-street parking and off-street loading requirements shall be as for comparable uses set out in Section 8 of this Zoning Ordinance. No parking spaces on or within any public or private road or travelway shall be counted in fulfilling the requir-d ammber of spaces. Landscapin8 for vehicular areas shall be as set out in Section 8.32 of this Zoning Ordinance. (10) Usable Open Space Requirements: Usable open space shall include active and passive recreation areas such ss playgrounds, golf courses, beach £rontage, waterways, lagoons, flood plains, nature trails, and other similar open spaces. Open water area beyond the perimeter of the site, street rights-of-way, driveways, off-street parking areas, and off-street loading areas shall not be counted in determining usable open space. (a) Planned Residential Developments: In residential developments at least sixt~ (601) percent of the 8ross area shall be devoted to usable open apace. (b) Commercial, Industrial and Hixed Purpose Develop- ments: In developments of commercial, industrial and mixed use, including residential, at least thirty (30%) percent of the ~rosa area shall be devoted to usable open space. (c) Dedication of Ulsble Open Spscel A maximum of eight (8~) percent of the lroll project lite shall be required for dedication to public uae for all pro- Jects after a determination by the Board of County Commissioners that a public need exists for such public faclIities. 11) Development Plannin~ - External Rela~ionships: Develop- ment planning within a PUD District shall provide protec- tion of the development from potentially adverse sur- rounding influences and protection of surrounding areas from potentially adverse influences generated by or within the district. (a) Principal vehicular access points shall be designed to encourage smooth traffic flow and minimize hazards to vehicular or pedestrian traffic. Herding and turn lanes and/or traffic dividers shall be required where existing or anticipated heavy traffic flows indicate need. In general, minor streets within the PUD development shall not be connected with minor streets outside the PUD development so as noL to adversely impact minor streets in the neigh- boring residential areas. Where streets within the district intersect adjoining streets, visability triangles aha11 be maintained. (b) Fences, walls, or vegetative screening at edges of PL~ Districts shall be provided where needed to prohect residents from undesirable view, lighting, noise or other adverse off-site influences, or to protect residents of adjoining districts from simi- lar possible influences from within the PUD Dis- trict. In all cases, screening shall, at a minimum, be designed to protect existing or potential first- floor residential occupant window levels. In par- titular, off-street parking areas for five (5) or more cars, ,ervice areas for loading or unloading vehicles other than passengers, and areas for stor- age and collection of trash and ~arbage shall be so screened, 12) ODvelopment Plaflning - Internal Relationships: The development plan for a PUD District shall provide for safe, efficient, convenient, and harmonious groupings structures, uses and facilities, and for appropriate relation of space inside and outside buildings to intend- ed uses and structural features. (a) Streets, drives and parking sad service areas shall provide safe and convenient access to dwelling units and project facilities, and for service sad emer= gency vehicles, but streets shall not be so laid out as to encourase outside traffic to traverse the development on minor streets, nor occupy more land than is required to provide access as indicated, nor create unnecessary fraBmentation of the development into small blocks, nor shall streets be laid out or constructed as to require excessive cuts or fills or to interfere with desirable drainage in or adjacent to the district. In addition, all major arteries as shown on the master plan of development shall be controlled access facilities and the only vehicular access thereto shall be public and private streets. (b) Private streets or roads, if proposed by the appli- cant, shall comply with all requirements for such streets and roads as contained in the County Sub- division Regulations. 13) Preservation. and Protection of Desirable NaturalI Historic or Archseolo~ical Features: Every effort shall be made in the planning and development of a PUD District to preserve and protect desirable natural, historic, or archaeological features of the site, including trees and other vegetation of consequence. The disturbance of terrain or vegetation in s manner likely to si~nificantly increase either wind or water erosion within or adjacent to the PUD District is prohibited. 14) ~lZ~..Limitation: Signs shall be in accordance with Section 8.31 of this Ordinance. 15) Deviations from Specific Re2uirementa! Limitations! and Standards: ~hen, in the opinion of the Plannin~ sion, unusual conditions exist, they may recommend to tho Board of County Co~iaeionere and the Board may approve the waiving of certain portions of the above standards, limitations and requirements. Utilities: It ia intended that within the residential pot- tions of a PUD District, al~ utilities, including te~ephol~o, television cable, and electrical systems, shall be installed underground; provided~ however~ appurtenances to these systems which require above ground installation must be effectively screened and thereby may be exempted Erom these requirements; and primary facilities providing service to the site of the development or necessary to service areas outside the district may be exempted from thi~ requirement. Procedures for Planned Unit Develo~.~ent Zoning: Petitions for rezoning to PUD shall be submitted and processed as for rezon- lng amendments generally and in accordance with the following special procedures: 1) Pre-application Conference: Prior to submitting a formal application for rezoning to PUD, the applicant shall confer with the Community Development Administrator sad other County staff, agencies, sad officials involved in the review and processing of such applications and lated materials. The applicant is further encouraged to submit a tentative land use sketch plan for review at the conference, and to obtain information on any projected plans or programs relative to possible applicable Federal or State requirements or other ~atters that may affect the proposed planned unit development. This pre-applica- tion conference should address, but not be limited to, such matters as: (a) The proper relation between the anticipated project and surrounding usea~ and the effect of the proposed development on the planning and development objec- tives of the County. (b) The adequacy of existing and proposed streets, utilities~ and other public facilities to nerve the development. (c) The nature, design, and appropriateness of the proposed land uae arrangement for the size and configuration o£ propert~ involved. (d) The adequacy of open specs areas in existence and as proposed to serve the development. (e) The ability of the subject property and of surround- ing areas to accommodate future expansions, if needed. Application Haterials: In addition to information gener- ally required for rezoning applications, the applicant shall submit the following materials or data in suffi- cient copies for necessary referrals and records: (a) The evidence of unified control of the proposed planned unit development and the associated agree- ments required under this Subsection. Cb) A proposed master plan of development as prescribed under this Subsection. (c) Such other material as the applicant may feel applicable to and in support of his application for rezontng to PUD. (d) Any additional information as may be required by the Planning Commission or the Board of County Commis- sioners at the time of any public hearing. PrehearinB Conference: Any application for rezonin8 to PUD, together with all materials prescribed herein, shall be submitted to the Community Development Administrator. Pre-hearing conferences may be held between the applicant and/or his representatives and officials or representa- tive of the County. The purpose of such pre-hearing conferenre~ shall be to assist in bringing the applica- tion for rezoning to PUD as nearly as possible into conformity with the intent of these or other applicable regulations, and/or to define specifically any Justifi° able variations from the application of such regulations. If such conferences be held. any recommendations for change in the application, master plan of development, or required statements shall be set down in writinl and shall become a part of the public record in the case. All such recommendations shall be supported by written, stated reasons for the proposed chanle. The applicant 6) shal~, in writing, indicate agreement to such recommends= tions or disagreement. If disagreeing, the applicant shall state, in writing~ the reasons therefore. Al! such responses by the applicant shall be included in the record of the case. Review by Advisory Board's: The Board of County Commie- stoners shall require review of the application for rezoning to PUD by such County advisory boards as it may, from time to time, designate, l~here the Board has re- quired review, comments and critique of such advisory board shall be made in writing and shall become a part of the record in the matter; provided, a representative of such designated board may appear and speak at the public hearings before the Planning Commission and the Board of County Commissioners. }[earing Before the PlanninS Commission: Public notice ~hall be 8ives and a public hearing held before the Planning Commission on the application for rezoning to PUD. Both the notice and the hearing shall be on the application, proposed master plan of development~ and required statements as they may have been amended as a result of the pre-hearing conferences condncted pursuant to this subsection. Planning Commission Recommendation: The Planning Commis- sion shall make written findings as herein set out and shall recommend to the Board of County Commissioners either approval of the PUD rezoning as proposed; approval conditional on stated modifications; or disapproval. support of its recommendation, the Planning Commission shall make findings as (a) The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land~ relation to surroundinl areas~ traffic and access~ drainage~ sewer~ and other utilities. (b) Adequacy of evidence of unified control and suit- ability 'of any proposed agreements~ contracts~ ot other instruments or for amendments in those pro- posed, particularly as they may relate to arrange- manta or provisions to be made for the continuing operation and maintenance of such areas and facili- ties that are not to be provided or maintained at public expense. Findings and recon~nendations of this type shall be made only after consultation with the County Attorney. (c) Conformity of the proposed planned unit development with the goals and objectives of the Comprehensive Plan. (d) Conformity with PUD regulations, or aa to desirable modification of such regulations in the particular case, based on determination that such modifications are justified aa meeting public purposes to a degree at least equivalent to literal application of such regulations, 7) Action by Board: Unless the application is withdrawn by the applicant, the Board of County Commissioners shall, upon receipt of the Planning Commission's recommendation, advertise and hold a public hearing on the application. The notice and hearing shall be on the application and master plan of development as recommended by the Planning Commission to the Board of County Commissioners. The Board of County Commissioners shall either grant the proposed rezoning to PUD; approve with conditions or modifications or deny the application for PUD rezoning. Such modifications shall be stated with reference to the appropriate provision of these regulations upon which they are based and the re,eons therefore. Effect of Planned Unit Development Zoninl: If the Board of County Commissioners approved the proposed PUD rezoning, the master plan for development and &ll other information and materials formally submitted with the petition aha11 be con- sidered and adopted aa an amendment to the Zoning Ordinance and shall become the standards of development for th~ subject planned unit development. Thenceforth~ development in the area delineated as PUD District on the Official ZoninI Atlas shall proceed only in accord with the adopted master plan for said disLrict. Before developmeot o£ any type may proceed, ~l! agreements or contracts required, but not approved a: the time o£ amending action, shall be approved by appropriate officers or agencies of the County. In those instances where final plats are required by other County regulations~ building permits may be issued after a final plat and construction plans have been approved by the Board of County Commissioners, thereby per- mitting appropriate construction as necessary improvements are installed; but no occupancy permit shall be issued until the final plat of the project, or phase thereof has been recorded. Changes and Amendments: The Board of County Commissioners ~ upon recommendation by the Planning Commission, may approve minor changes in the location, siting or height of buildings, aLrucCures, and improvcmcnts authorized by the adopted ~ter plan of development rot a designated PUD Oistrict~ provided that such modifications do not: 1) Increase the number of structures; the number of dwelling unitsl or densities as specified by the adopted master plan. 2) Change any perimeter boundary of the planned unit devel- opment. 3) Rearrange any lot, block, building tract, or common open space or common facility as shown on the adopted master plan. 4) Change any use as shown on the adopted master plan. 5) Change location or amounts of land devoted to specified land uses on the adopted master plan. Changes 1) through 5) above shall be considered major changes to the Naster Plan and shall require the lame procedure as for actual PUD zoning before they can be approved by the Board. Language changes not involving 1) through 5) above shall require the same procedure aa for amending the Zoning Ordinance. SECTION 8. SUPPLEMENTARY DISTRICT REOULATIONS~ 8.I Visibilttg st Intersections in All ~oninl Dfstrtcts~ On · corner lot in all aoninl districts~ no £encee ~all~ hedge~ planting! or structure shsl! be erected, plsn~ed, or allowed to grow in such s manner ss to obstruct vision between a height of three (3) feet and eiiht (8) feet above the centerllne grades of tile intersecting streets in the area bounded by the street lines of such corner lots and a line Joinins points along said street lines forty (40) feet from the point of intersection. Parking is prohibited in this area. Trees are permitted! so long as the foliage is cut avsy and maintained within the three (3) and eiEht (8) foot clearance re- quirement. Posts for t11uminatin$ fixtures, traffic control, and street name signs are permitted, so 1ohs as the sign or equipment is not within the prescribed clear space. 8.2 Location of Accessor~ Structures: Accessory structures must be constructed simultaneously with or following the construction of the principal structure and shall conform with the following set- backs and building separations: ACCESSORY STRUCTURES Non-Waterfront Lots - NonOolf Course Lots FRONT REAR SIDE 1. Parking Garage or Carport - Single Family SPS 2. 1-Story Parking Structures SPS 3. Hultl-Story Parking Structures SPS 4. Swimming Pool and/or Screen Enclosure (Gne and two family) SPS 5. Swinwing Pool (Hultiple family snd Commercial) SPS 6. Tennis Courts (Private) (One and two family) SPS 7. Tennis Courts (Multiple family and Commercial) SPS 8. Utility Buildinss SPS 9. Chickee, Barbecue Areas SPS lO. Attached Screen Porch SPS 11. Unlisted Accessory SPS N = None STRUCTURE TO STRUCTURE (If detached) 10' SPS 10' N/A ~ Not Applicable 35' SPS 10' 35' SPS *1/1 10' SPS N 20' 15' N 15' SPS 10' 20' 15' 20' lO' SPS lO' 10'' SPS N 10' S~S N/A SPS SPS lO' SPS ~ Calculated aame as principal structure. *l/l · 1/foot of accessory height · 1/foot of building separation, ACCESSORY STRUCTURES On Waterfront Lots and Golf Course Lots F~ONT RE~ S~D~. 1. Parking Carage or Carport - Single Family SPS SPS SPS 2. l-Story Parking Structures SPS SPS SPS 3. Hulti-Story Parking Structures SPS SPS SPS &. Swimming Pool and/or Screen Enclosure (One and two family) SPS 10' SPS 5. Swimming Pool (Hultiple family and Conunercial) SPS 20' 15' 6. Tennis Courts (Private) (One and two family) SPS 15' SPS 7. Tennis Courts (Hultiple family and Commercial) SPS 35' SPS 8. Boat llouaea (F:ivste) SPS N/A 7.5' 9. Utility Buildings SPS BPS SPS 10. Chickee, Barbecun Areas SPS 10' SPS 11. Davits N/A N/A 7.5' 12. Attached Screen Porch SPS I0' iPS 13. Unlisted Accessory SPS SPS SPS 14. Docks N/A N/A 7.5' 15. Boat Slips & Ramps (Private) ~/A N/A 7.5' N = ~one N/A = Not Applicable STRUCTURE TO STRUCTURE (If detached) I0' 10' *1/1 10' 20' 10' 10' N SPS SPS 10' N/A N/A SPS = Calculated same as principal structure. *l/1 · 1/foot of acceasoFy heleht · l/foot of butldin8 ee~aration. those cases where the Coastal Control Line it involved, the Coastal Control Line will apply. 8.3 ;xcZuatons ~rom Hei;ht Limits. The height Zimitations contained in the Schedule of District Regulations do not apply to spirea, bel- fries, cupolas, flaspoles, antennas, water tanks, fire towers when operated by a branch of government, ventilators, chimneys, feed storage strnctures, silos, windmills, or to other appurtenances usually required to be placed above the roof level and not intended for human occupancy, or to airport control towers; provided~ how- ever, the heights of these structures or appurtenances thereto shall not exceed any height limitations prescribed by the Federal Aviation Agency or airport zoning regulations within the flight- approach zone of airports. (See Section 8.4 Exclusions from l[ei~ht Limits - Off-Street Parking Within a BuildinE. In instances where off-street parking is provided within the primary building, the Zoning Director may waive the maximum height requirements to the extent necessary to permit off-street parking within the primary building, provided the number of off- street parking spaces required by this ordinance for the use invol- ved may not be reduced, nor may the waiver in height be greater than that necessary to provide for the off-street parking within the primary building, with a maximum of two (2) parktnE levels. This exclusion shall not apply to those districts where provisions are made in the Height Limits for under-building parking. 8.5 Exceptions to Required Yards. In all zone districts, yards as defined in Section 20 shall be as established by the Schedule of District Regulations except as follows: a. Front Yards Exceptions. Vhere corner lots of record existed prior to the date of adoption of this Ordinance which do not meet minimum requirements, only one (1) full depth front yard shall be required. All other front yards shall be not less than fifty (50%) percent of the required front yard depth. The full depth front yard shall be located along the shorter street lot line. In the came of through lots, unless the prevailing front yard pattern on the adjoining lots indicate othervise~ front yards shall be provided on all frontages. ~here one of the fro~yards that would normally be required on a through lot is not in keeping with the prevallinI yard pattern, the Zoning Co do Director may waive the requirement for the.normal front yard and substitute therefore a special yard requirement which aha11 not exceed the average of the yards provided on adjacent lots. Depth of a required front yard shall be measured so that the yard established is a strip of the mintmus width required by the district regulations with its inner edge parallel to the front lot line. In the case of irregularly shaped lotat the depth may be measured at right angles to a straight line Joining the foremost points of the aide lot line. Where lots in residential districts comprising forty (40%) percent or more of the frontage on one side of a street between intersecting streets are developed with structures having an average front yard with a variation of not more than six (6) feett no building thereafter erected shall project beyond the average line so established. This provision ap- plies in all resideutial districts. Side Yard Exceptions. Where lots of record existed prior to the effective date of this Zoning Ordinance~ which lots do not meet the minimum width requirements act out in this Zoning Ordinance, then for such lots~ and only for such lot,, the minimum side yards shall be not less than ten (10%) percent of the average lot width~ provided no side yard shall be less than five (5) feet. In the case of through lots, side yards shall extend from the rear lines of front yards required. In the case of corner lots, yards remaining after front yards have been established on both frontages shall be considered side yards. Rear Yard Exceptions. In the case of through lots and corner lots~ there will be no rear yards, but only front and side yards. Depth of a required rear yard shall be measured so that the yard established ia a strip of the minimu~ width required by district regulations with its inner edge parallel to the rear lot line. Special Yard Exceptions. In cases where neither the ter~ "aide yard" nor the term "rear yard" clearly applies, the Zoning Director shall require a yard with minimum dimensions as generally required for · side yard or · rear yard in the district, determining which ·hall apply by the relation of the portion of the lot on which the yard is to be located to the adjoining lot or lots, with due red·rd to the orientation and location of structures and build·bls areas thereon. In the case of irregularly shaped lots or unusual circum- stances where minor variati6ns in yard· appear necessary, the Zoning Director may allow smaller yards than are otherwise required in the district, providing that: 1. The Zoning Director allows only yard· that ·re similar to yards required elsewhere in the ·ams di~trict, and in no event allows yard· over twenty-five (25I) percent smaller than are required elsewhere in the same district. 2. The Zoning Director allows only yards that achieve the same purpose as required yards elsewhere in the district. 3. The irregular shape ia due to conditions over which the property owner has no control. Yard Encroachments. Every parc of every required yard aha11 be open and unobstructed from thirty (30) inches above the general ground level of the graded lot upward to the sky except aa hereinafter provided or aa otherwise permitted in this Zonini Ordinance: 1) Sills and belt courses may project not over twelve (12) inches into a required yard. 2) Hovable awnings may project not over three (3) feet into · required yard, provided that where the yard is less than five (5) feet in width the projection shall not exceed one-half (~) the width of the yard. 3) Window or wall mounted ·ir conditioning units, chimneys, fireplaces, bay windows, or pilasters may project not over two (2) feet into s required yard. &) Fire escapes, stairways, ·nd balconies which ·re unroofed and unenclosed may project not over five ($) feet into · required side yard of · multiple family dwelling, hotel or motel and not over three (3) feet into an RSF Dis- trict. 8.6 8.7 8.8 8.9 5) Noods, canopies, roof overhangs, or marquees may project not over three (3) feet into a required yard, but shall not come closer than one (1) foot to the lot line. 6) Fences, walls, hedges, subject to Section 8.33, and pad mounted air conditioners are permitted in required yards, subject to the provisions of Section 8.1. 7) Cornices, eaves or gutters may project not over three (3) feet into a required yard, provided that where the re- quired yard is less than six (6) feet in width, such projection shall not exceed one-half (~) the width of the yard. 8) Except as provided in Section 8.1, nothing in this Zoning Ordinance shall be so construed as to prohibit any type of landscaping or private, non-profit gardening on any lot. Buildings to Have Access. Every building hereafter erected or moved shall be on a lot adjacent to a public street or with access tc an approved private street or with actual and legal access to an approved private street, and all structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection, and required off-street parking. Use of Residentially Zoned Property for Access. No lot or parcel which is residentially zoned shall be used for driveway, walkway, or access purposes to any land which is non-residentially zoned, or used for any purpose not permitted in a residential district except for ingress and egress to a use existing at the effective date of this Zoning Ordinance which does not abut on a street, except aa may be further provided in this Ordinance. Parkin& and Storage of Certain Vehicles. Automotive vehicles, or trailers of any ty~e without current license plates where required 'by law shall not be parked or stored on any residentially zoned property other than in completely enclosed buildings. Hovin[ of Buildings or Structures. No building or structure shall be moved from one lot to another lot, or moved to another location on the same lot, unless such building or structure shall thereafter confor~ to ell of the applicable provisions of this Zoning'Ordin= anco sod to ell other applicable regulations of Collier County. 8.10 Essential Services. Essential' services are hereby defined ss services designed and operated to provide water, sewer, gas, tele- phone, electricity, cable television or communications to the general public by providers which have been approved and suthortzed according to laws having appropriate Jurisdiction. Essential services are allowed in any zoning district subject to the follow- ing condittonsz a. Permitted Uses. The following uses shsll be deemed permitted uses in any zoning district~ water lines, sewer lines, gas lines, telephone lines, csble television, electricsl transmis- sion and distribution lines, sub-stations~, lift stations, individual wells and septic tanks, and similar installations necessary for the performance of these services. b. Provisional Uses. The following uses shall be deemed provi- sional uses in any district: electric or gas generating plants, sewage treatment plants, hospitals, hospices, sanitor- iums, water pumping or water aeration or treatment plants~ governmental facilities In residential areas, com~unication towers, and other similar facilities. c. Under this subsection, where structures are involved other than structures supporting lines or cables, such structures aha11 conform insofar as possible to the character of the district in which they are located as to architecture and lsndscaping, with utiliz&tion of screening and buffering compatible with the district. d. Essential services shall not be deemed to include the erection of structures for commercial activities such as sales or the collection of bills in districts from which such activities would otherwise be barred. 8.11Locational Restrictions for Use Involvin~ Intoxicstinl Beverazes: a. Sale of Alcoholic Beverases: The sale of alcoholic beverages for consumption on premises will not be permitted at any location until such location has been approved by the Zoning Director. Prior to action by the Zoning Director for recomo mending a location for sale of alcoholic beverages for con- sumption on premises et any location~ he shall find .that the following requirements have been ~et~ 1) No such use shall be located within five hundred (500) feet of any established school, church, public park, or playground. This does not include beach access points. The distance of five hundred (500) feet shall be measured as the shortest distance between the lot on which the school, church~ public park or playground is located and the lot on which the alcoholic beverages are to be sold. 2) No such use shall be located within five hundred (500) feet of any existing establishment which sells alcoholic beverages for consumption on premises. The distance of five hundred (500) feet shall be measured as the shortest distance between the lot on which the existing establishment is located and the lot on which the alchoholic beverages are to be sold. 3) The erection of any school, church, public park or play- ground within five hundred (500) feet of an establishment which offers the sale of alcoholic beverages for consump- tion on premises shall not cause such establishment to become nonconforming. 4) The applicant shall submit a plot plan showing the following: (a) Dimensions of subject premises. (b) All vehicular points of ingress and egress. (c) Compliance with all requirements of this ordinance including landscaping, off-street parking, buffer areas, and location and size of all signs. The following uses shall be exempted from the distance limits- tions of Paragraph 13.a.(2) of this Subsection, but shall comply with all other requirements of this Subsection: 1) Any restaurant deriving at least fifty-one (51%) percent 2) 2) of its gross revenue from the sale of food and non-alco- holic beversges. Any motel smd/or hotel with one hundred (100) or ~ore guest rOOml. Any private club~ golf club, country club, civl~ or fra- ternal club may serve alcoholic bever~zes for consmsption on premises when such service i8 tneiden~&l to the Bain use and for the exclusive use of the members, tenants, and/or guests of the c. Any o~ner or operator of an establishment approved under this Subsection to sell any alcoholic beverages for consumption on premises shall upon written demand of the Zoning Dlrector~ make or cause to be made under oath a statement itemizing what percentage of his gross receipts are from the sale of alcohol- ic beverages. 8.12 Off-Street Vehicular Facilities - Parkini and Loadin;. ~herever in any zoning district off-street facilities are provided for the parking or display of any and all types of vehicles, boers or construction equipment, whether such vehicles, boats or equipment are self-propelled or not, and all land upon which vehicles tra- verse the property sa a function of the primary use (including "drive-in" facilities) hereinafter referred to ss "other vehicular uses", such off-street facilities and land shall conform to the minimum requirements of Chi, Zoning Ordinance. a. Intent: It is the intent of this Zoning Ordinance that the public health, safety, comfort, ordert appesrancet conveni- e~c~, morals, luLe~eaL, a~d /e~era/ ~e/tare require ~hat every building and use erected or instituted after the effective date o£ this Zoning Ordinance shall be provided with adequate off-screet parking facilities for the use of occupants~ em- ployeest visitors, cusLnmers, or patrons. Zt is &lBo the intent of this Zoning Ordinance that certain uses must provide adequate off-street loading facilities. Such of~-street parking and off-street loading facilities shall be maintained and continued so long as the use continues. (For definitions of "parking space, off-street" and "loading spacet off- street", see Sectiou 20.) b. General: Off-street parkin~ and off-street loadin[ facilities shall be provided as set out in this loninl Ordinance. Con- forming buildings and uses existing ss of the effective date of this Zoning Ordinance ~ay be eodernized, altered, or paired ~lthout provldinl ~ddi~ionll off-street p~rkinl or elf-street losdin~ f~cllities~ providin[ there in floor ares or c~p~clty or ch~n[e ia use ~tch~uld require additional off-street 1) Where a conforming building or ,se existed ss of the effective date of thil Zoning Ordinance 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 Zoning Ordinance shall be provided for the additional floor area, volume, capacity, or space aa created or used. 2) ~here a use and building existed at the effective date of this Zoning Ordinance and the use ia changed after the effective date of this ordinance and where this ordinance requires such [aCer and changed use 'to have greater r~quired off-street parking, then additional off-street parkas8 shall be provided for the later and changed use to the extent o£ the difference between the later use and the prior use and aa though both uses had been subject to this Ordinance. 3) Central Business District: Unless other~ise 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 adop- ted by the County Commission upon recommendation of the Planning Commission for the purpose of exempting such area from off-street parking and loading regulations. Off-Street Vehicular Facilities: Identification~ Surfacin~ Drainage, LiRhtingt Access Etc. Off-street parking facili- ties and other vehicular facilities both required and pro- vided, shall: l) Be identified as to purpose and location when not clearly evident. 2) Be surfaced with asphalt, bituminous, concrete or dust- less material and maintained in smooth, well graded condition (driveways, access &isles~ and parking spaces for houses of worship and public and private schools offering academic courses e&y be surfaced with 'grass or ls~n). Upon approval of the loninl Oirectot, a suitable saterisl (limerock excluded) etch n.luitoble stablllled 3) 6) subgrade may be substituted for the above materials. This Paragraph does not apply to single-family dwellings. Be drained and sloped so aa not to cause any nuisance to adjacent property or to public property or rights-of-way. Be so lighted, if lighted~ as to shield streets and all adjacent properties from direct glare, excessive light, and hazardous interference with automotive end pedestrian traffic, Be arranged for convenient and safe access of pedestrians and vehicles. Be arranged so that no vehicle shall be'forced onto any street to gain access from one aisle to another aisle. 7) Whenever the number of off-street parking spaces required by this Ordinance is five (5) or more, all spaces shall be marked with paint or other suitable pavement marking material. The striping requirement may be excluded in residential districts subject to approval of the Zoning Director. ; 8) Be constructed so that interior portions of off-street vehicular facilities not utilized specifically as a parking space or maneuvering or other vehicular uae area shall not be paved but shall be landscaped in accordance with this Section. 9) Off-street parking areas shall be designed so as not to create dead-end aisles, unless waived by the Zoning Director. Al,lea designed for one-way traffic flow shall have painted arrows not less than four (4) feet in length at each end of the aisle indicating the direction of travel. 10) Whenever any part of an off-street parking area ia re= designed~ those pavement markings which no longer apply aha11 be completely obliterated. Off-Street Parkinst Location. 1) The required off-street parking facilities shall be located on the sams lot or parcel they serve, or may be located on a contiguous lot in the sane ownerahi~ and not separated by a streett with the permitted use o£ tho contiguous 1o~ peruttting the sane use as tho lot on which the principal structure ia located. Each off-street parking space must be directly accessible from a street, alley, or other public right-hr-way. Except for single and two family dwellings, all off- street parking facilities must be ao arranged that no automobile shall have to back onto any street. The required off-street parking facilities shall normally be located on the same lot or parcel of land as the building or uae it ia intended to serve. However, the Zoning Director, after a review of a Development Plan submitted in accordance with Section 10.5 may allow the establish~ent of the required off-street parking facili- ties within six hundred (600) feet of the building or use it is intended to serve when practical difficulties prevent the placing of the required off-street parking facilities on the same lot as the building or use it is intended to serve providing: (a) The Zoning Director may impose such regulations or conditions upon approval as he may deem appropriate for the protection of the health, safety, and well- being of the citizens of Collier County which may include, but shall not be limited to, pedestrian ground level and overhead walkways, traffic signals, traffic control devices, and directional signs, controlled ingress and egress, fences, walls, and vegetative screens as determined appropriate. (b) The owner of the land upon which such required off-street parking facilities are ~ocated shall enter into a written agreement with the County, to be filed with the Clerk of the Circuit Court, with enforcement running to the County providing that the land comprising the required off-street parking facilities shall never be encroached upon, used! sold, leased or conveyed for any purpose except in conjunction with the bulldin~ or u~ which the required off-street parking facilities serves ao long aa the off-street parking facilities are re- quired. (c) The owner of the land upon which such required off-street parking facilities ar~ located agrees to bear the expen·e of recording tho ·greement, which shall bind his heirs~ ·uccc·sore, ·nd assigns. (d) The written agreement ·hall be voided by Collier County if other required off=·treet parking facili- ties are provided in accordance with the require- meats of thi· Ordinance. e. Off-Street Perkins: Dimensional Standards. Each parking space shall be · minimum of nine (9) feet by eighteen feet in size. Hinimum aisle width shall be at follows: Ansle of..parkins Aisle Width One Way Aisle Width Two Way Parallel 12 feet 20 feet 30° 12 feet 22 feet 65° 12 feet 22 feet 60° 18 feet 2& feet 90° 22 feet 24 feet A plan shall be submitted with every application for a building permit for any building or use that is required to provide off-street parking. The plan shall include, but not be limited to the following information: a. Vehicular entry and exit drives. b. On-site vehicular circulation patterns, required parking and loading spaces. c. Accessways for emergency and service vehicles if separate from ·.above. d. Location of buffers and landscaping areas as required by Section 8.30 and 37 of this Ordinance. e. Off-site improvements necessitated by the traffic of the proposed project such as storage lanes, median cuts, signali- zation, sidewalks, etc. The Zoning Director may require · traffic impact state- ment where the proposed project may: 1) Generate a volume of traffic greater than that normally generated by the other pemitted use· of the ·see zoning district; or~ 2) Require the creation of new ~urb cuts or median cute to · ·feXy handle the traffic laser·ted by the proposed 8.13 Off-Street Perkins: Plans Required. 3) Require signalization,' storage lanes or other similar traffic safety devices to safely and adequately handle the traffic generated by the proposed project. Fire lanes in accord·nco with the Collier County Code of Laws sad Ordinances. 8.1& Off-Street Parking: Hixed Uses. Vhere several types of uses are to be located in · single building, or where several types of uses are to be located in two (R) or more structures on a site under single ownership or management, the computation of required off- street parkin8 spaces shall be the total of the several uses com- puted separately. No part of an off-street parking area required for any buldin8 or use shall be included as a part of an off-street parking area similarly required for another building or use unless the Zoning Director finds that the type of use indicates that the period of usale will not overlap or be concurrent with each other. 8.15 Off=Street Parking: Uses Nsc Specifically Hentioned. Requirements for off-street parking for uses not specifically mentioned in this ordinance shall be the same as for the use most similar to the one sought, it being the intent of this Zoning Ordinance to require all uses to provide off-street parking, unless specific provision is made to the contrary. 8.16 Off-Street Parking: Fractional ~easurements. i~hen units of mea- surements determining number of required off-street parking spaces result in a requirement of · fractional space, then such fraction equal or greater than one=half (1/2) shall require a full offstreet parking space. 8.17 Off-Street Parking: Heasurement. l~here this Zoning Ordinance requires off-street parking based on various types of measurements, the following rules shall apply: a. Floor area means, for the purposes of this subsection only, the gross floor ares inside the exterior walls, unless other- wise specifically indicated. b. In hospitals, bassinets do not count as beds. c. In stadiums, sports arenas, houses of worship, 'and other places of public assembly where occupants utilize 'benche·~ pews, or other similar seating arranlementso each twenty-four (2&) lineal inches of such seating facilities count aa one seat. d. Requirements baaed on number of employees or persons employed or workin8 in an establishment must be clearly marked and reserved for the use of such employees or workers. ~hen the number of employees increases after the building or structure ia occupied, then the amount of off-street parking provided must be increased in ratio to the increase of the number of employees. 8.18 Off-Street Parking: Hinimum Requirement: Irrespective of any other requirement of this Zonin80rdinance~ each and every separate individual store, office~ ot other business shall be provided with at least one off-street parking apace, unless specific provision is made to the contrary. 8.19 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 overhanglni or encroaching on public right-of-way or the property of another. If necessary, wheel stops or barriers may be required in order to enforce this provision. 8.20 Off-Street Parking: Required. Required off-street parking accord- in8 to the requirements of this ordinance shall not be reduced in area or changed to any nther use Lmleas the permitted or permissi- ble use that it serves ia discontinued or modified, or equivalent required off-street parking is provided meeting the requirements of this Ordinance. 8.21 Off-Street Parking: Reservation. l~here in the determination of the Zoning Director, the required number of spaces is excessive for a specific use, the owner or agent may substitute landscaping in lieu of paving provided said areas are reserved for future parkin8 should the County find those spaces are needed, and further pro- vided: a. A Development Plan is submitted to and approved in accordance with 8action 10.5. b. The o~er of the land upon which such parking ia be~n& reser- ved shall enter into · written agreement with the Countyt to be filed with the Clerk of ~he Circuit Cour:t with running to the County ensuring that the reserved parking area shall never be encroached upon, used, sold, leased or conveyed for any purpose except in conjunction with the bulldin~ or use which the reserved parking area serves so long as the off- street parking facilities ire required. c. The owner of the land upon which such reserved parking area is located agrees to bear the expense of recordin~ the agreement which shall bind his heirs, successors or assigns. d. The written agreement shall be voided by the County if the re- served parkin8 area is converted to usable parking area or if the reserved parking area is no longer required. 8.22 Off=Street Parkins: Non-Conformins. b/here the required off-street parking makes a use non-conforming, no major alteration, repair or extension of that use may take place until such time as additional parking is supplied which will make the total use in conformance with these requirements. 8.23 Off-Street Parkins: Required Amounts. merits are ss follows: Agricultural Uses Art Gallery or Nuseu~ Bank or Financial Institution Barbershops & Beauty Parlors. Bowling Alley Child Care Center, Day Nursery, Kindergarten Coin-Op (Laundry, self= service) Off-street parking require- As for specific uses. aris space for each 250 square feet of floor area open to the public. As for professional or business office provided any bank or financial institution providing drive-in facil- ities must have approval of a Develop- ment Plan under Section 10.5. Three (3) spaces per chair. Five (5) spaces per 1,000 square feet of gross floor area. Two (2) spaces for each employee plus adequate provision for loading and loading children off the street dur- ing peak hours. One space for each two (R) washing nmchines. oo,' 01,4 107, Co~mercisl or Nemberahip Raquet Clubs Dance, Art, Nusic Studio Dry Boat Storage Elementary or Hiddle School Funeral Home Furniture or Carpet Stores Golf Courses Hospitals House of Worship Industrial Activity Three (3) per court plus additional spaces aa required for other uses. One (1) space for each 300 square feet of gross floor area. One (l) space for each eight (8) dry slips or any part thereof. In no case, shall there be less than three (3) spaces for each dr~ slip storage atructure. Two (2) spaces for each classroom or office room, plus on~ space for each 150 square feet of seating area (in- cludin8 aisles) in any auditoriu~, gymnasium, or cafeteria intended to be used as a place of assembly, but where seating is not permanently fixed. Permanently fixed seating aha11 be aa for stadium, etc. below. One space for each two (2) seats in rooms for services or chapel. One (1) space for each 500 square feet of gross floor area. Four (4) parking spaces for each golf hole. Where restaurants, bars, cocktail lounges and transient accommodations are made an integeral part of a golf course enterprise, then 50% of the spaces required for the go1£ course aha11 be credited to the parking requirements of such supplemental facilities. T~o (2) spaces per patient bed. One space for each two (2) seats in chapel or auditorium, One (1) parking space for .each 1,000 equate feet or the stems fl~or area in tho bulldin8 up to 10,000 square Library, Community Center, or Recreation Facility (not othe~vise listed) Harina Hedical, Dental Office Hobile Home Residences Hodel Homes, Hotel, Hotel New and Used Car Sales feet and then one (I) parking space for each 2,000 square feet of gross floor area thereafter, or one (1) parking space for each two (2) an- ticipated employees, whichever re= quires the greater number of parking spaces. If retail sales are conduc- ted in connection with such indus- trial use, additional off-street parking shall be provided as re- quired by the provisions hereof relating to such retail uses. The portion of the structure allocated for retail sales shall be used as a basis for deter- mining additional off-street parking to be provided. In no event shall there be fewer than five (5) parking spaces provided per building. One (l) space for each 200 square feet of gross floor area, or one (1) space for each three (3) seats, whichever is greater. Two (2) spaces for each three (3) boat slips or moorings. One (1) space for each doctor, nurse, or employee, plus two (2) spaces for each consultation, practice and/or examining room. Two (2) spaces per dwelling unit. As determined by the ZoninS Director. One and one half (lb) spaces per unit for the first one hundred (100) units plus one (1) space for each addition- al unit thereafter. Ten (10) parking spaces, plus one (1) space for each 200 square Nursesv Home, Convent, Honaate£y Nursing Rome, Rome for the Aged, Convalescent Romes. Professional or Business Office Private Clubs, or Lodges Public Buildings (not otherwise listed) ?ublic Tennis, Racquetball, or Handball Courts Restaurants (Drive-In), Fast Food Service Restaurants (other than Drive-In), Bar, Night Club feet of office a~d principal showroom space, plus one (I) space for each additional 1,000 square feel of re- pair and maintenance space, none of which may be used for merchandise inventory parking. In no event shall there be less than one (1) space for each 10,000 square feet of gross land Ires. One (1) apace for each four (4) lodging units. One apace per two (2) beds. One (1) space per 250 square feet of gross floor area on the first floor level and one (1) space per 300 square feet of gross floor area for each additions1 floor level. One (1) space per 100 square feet of gross floor area. As determined by the Director. Three (3) spaces per court. One (1) space per thirty (30) square feet of gross floor area. Restaurants with drive-thru facil- it/es - subject to Section 10.5) One space for each two (2) seals Ln public rooms, whether seating fixed or moveable or one (1) space per seventy (70) square feet of the gross floor area, whichever La great- er. Retsil Shops, Stores, Department Stores, and other unlisted Commercial Uses, but not /ncludinI Super- markets or Shoppinl Centers. Senior High School Shopping Centers Single Family Dvellings Stadium, Sports Arena, Theatre, or other place of public assem- bl? other than those listed elsewhere. Supermarket Temporary Parking for Sports Events, Religious Events, or Community Events Town or Row House T~o Family end Hultifsmily D~ellings. One (l) space per 250 square feet of gross floor area. As for elementary and middle schools except seven (7) spaces for each classroom or office room. One (1) space per 17~ square feet or any part thereof of the gross floor &res. T~O (2) spaces per dwelling unit. One space for each (3) seats, or one (1) space per forty (40) square feet of the gross floor area, whichever ia greater. One (1) space per 125 square feet or any part thereof of the 8ross floor area. In the case si a church, community, or other sporting event which opera- tes on an intermittent or seasonal basis, the required off-street park° ins may be provided on a temporary basis and need not be permanently des/snared, paved, drainedt or land- scaped provided use has been proved and issued by the Director. T~o (2) spaces for each dvellins unit. Efficiency and one (1) bedroms dwel- lins uniter Two (2) off-street perk- ing spaces per unit for the first fifty ($O),dvelliu8 units and lb Travel Trailer - Campsite Wholesale, Warehouse or Storage Establishment street parking spaces for each addi- tional dwelling unit thereafter, Two (2) or more bedroom dwelling units: Two (2) off=street parking spaces per dwelling unit. One (1) space per lot or campsite. There shall be provided three (3) parking spaces for the first 2,500 square feet of floor area, and one (1) parking apace for each addition- al 1,000 square fe~t or any part thereof of floor area. In no event aha11 there be fewer than three (3) spaces provided per uae. 8.24 Off-Street Loading: Specifications. Off=street loading facilities are required by this Zonin~ Ordinance so that vehicles engaged in unloading will not encroach on or interfere with public uae of streets and alleys by pedestrians and automotive vehicles and so that adequate space is available for the unloading and loading off the street of goods, materials, or things for delivery and ship= ping. Off-street loading facilities supplied to meet the needs of one use may not be considered aa meeting the needs of another uae. Off-street parking facilities may not be used for or counted as meeting off-street loading requirements. a. ~hen the uae of a structure or land or any part thereof is changed to a uae requiring off-street loading facilities, the full amount of off-street loading space required shall be sup- plied and maintained. When any structure ia enlarged or any use extended so that the size of the resulting occupancy quires off-street loading space, the full amount of such space shall be supplied and maintained for the structure, or use in its enlarged or extended size. b. Each off-street loading space shall be directly accessible from a street or alley without crossing or entering any other required off-street loading space or off-street p&rkinE space. Such loadin, space shall be accessible from the ln~erior of the bulldinE it serves end shall be arranged for convenient and safe ingress and egress by motor truck and/or trailer combination. 8.25 Off-Street Loadins~ Plans Required. A plan shall be submitted with every application for a building permit for any use or structure required to provide off-street loading facilities. The plan shall accurately designate the required off-street loading spaces, access thereto, dimensions and clearance, 8.26 Off-Street Loadins: Reservation. Areas remerved for required off-street lodding in accordance with the requirements of this Ordinance shall not be reduced in area or changed to any other use unless the permitted or permissible use that it serves is discon- tinued or modified or equivalent required off-street loading is ~rovided in accordance with the requirements of this Ordinance. 8.27 Off-Street Loadina: Combined Off-Street Loadina. Collective, Joint, or combined provisions for off-street loading facilities for two (2) or more buildings or uses may be made, provided that such off-street loading facilities are equal in size and capacity to the combined requirements of the severnl buildings or uses and ar.J designed, located, and arranged to be usable thereby. 8.28 Off-Street LondinS Re~t:irements. Of~-~-&.~r~e$._.loading spaces shall be provided and maintained as follows: a. Each retail score, warehouse, wholesale establishment, indus= bo trial activity, terminal, market, restaurant, funeral home, laundry, dry cleaning establishment, or similar use which has an aggregate floor area of: Square feet Square feet No. of Spaces 5,000 but not over 10,000 1 10,000 but not over 20,000 2 20,000 but not over 50,000 3 Plus one (1) additional off-street loading space for each ad- ditional 25,000 square feet over 50,000 square feet or major fraction thereof. For each multiple family dwelling facility hsvin~ at least twenty (20) dwelling units but not over fifty (50) dwellin[ units~ one (1) space. For each smltiple family dwellin[ facility harts8 over fifty (50) dvellin8 unitaz 'one space, plus one (1) apace for each additional fifty (50) d~ellin8 units, or major fraction thereof. For each auditorium, convention hall, exhibition hall, museum, hotel or motel, office buildins, sports arena, stadium, two (2) or more buildings or uses may be permitted, provided that such off-street loadins facilities are equal in size and capacity to the combined requirements of the several buildings or uses and are designed, located, and arranged to be usable thereby; hospitals, sanitariums, welfare institutions, or similar uses which have an agsresate gross floor area of: Over 5,000 square feet, but not over 20,000 square feet: one (1) apace; plul for each additional 25,000 square feet (over 20,000 square feet) or major fiaction thereof: one (1) space. For facilities in Paragraphs a. b. and c. above not of suffi- cient size to meet the minimums therein set out, each such fa- cility shall provide off-street loading on the property, in accord with Section 8.28 of this Ordinance, to insure that no deliveries or shipment of ~ooda or products will require the use, however temporary, of say public right-of-way or required off-street parking space for the parking of s delivery vehicle. e. For any use not specifically mentioned, the requirements for off-street loading facLlities for a use which is so mentioned and to which the unmentioned use is similar shall apply. 8.29 Off-street ParkinE Spaces Required for Disabled Persons. One (1) space in the im~ediate vicinity of a building main- tained and operated with public funds and intended for use By the public, includins, but not limited to, state office build- ings, courthouses, rehabilitation centers, and hospitals; except a minimum of three (3) spaces shall be provided at physical restoration rehabilitation centers. b. One (1) space for each 300 metered on-street end publicly maintained and operated parking lot spaces. c. Ail spaces shall have accessible thereto a curb-ramp or curb- cut, when necessary to allow access to the buildin~ served, and shall be located so that users will not be compelled to wheel behind parked vehicles. Diagonal or perpendicular parkin~ ·pace· ·hall be · air~imu~ of twelve (12) feet wide. e. Paralle! parking spaces shall be loc·ted either st the ~egtn= sing or end of s block or adjacent to alley entrances. Curbs adjacent to such spaces shall be of a height which will not interfere with the opening and closing of motor vehicle doors. f. Each such parking space shsl! be posted with a sign of a color and design approved by the Department of Transportation, with lettering such as "PARKING BY DISABLED PERHIT OI~LY' and bear- ing the internationally accepted wheelchair symbol. 8.30 Requirt~d Landscaping for Off-Street Vehicular Facilities = General. l~herever in any zoning district off=street facilities are provided for the parking or display of any or all types of ~ehicles, boats, or heavy construction equipment (whether such vehicles, boats or equipment are self=propelled or not), for off=street loading and trash pickup purposes, or for the vehicular traverse of the prop- erty as a function of the primary use (including drive=in facil- ities of any type), such off=street vehicular facilities and land shall conform to at least the minimum landscaping requirements of this Section provided single=family and two family dwellings on individually platted lots are e~empt from the requirements of this Section. a. Plant Hat·rial: 1) Quality. Plant materials used to meet the requirements of this section must meet the Standards for Florida No. 1 or better~ as set out in "Grades and Standards for Nur- sery Plants"~ ~art I~ 2963~ and Part II, Depsrtment of Agriculture~ State of Florida. 2) Trees. All trees shall be species having sn average mature spread or crown of ~reater than fifteen (15) feet in the Collier County area and having trunk(s) which can be maintained in a clean condition over five ($) feet of clear wood. Trees having sn average mature spread of crown less than fifteen (15) feet may be substituted by grouping the same so as to create the equivalent of fifteen (15) foot crown spread. (Although palms may be utilized as part of s landscaping plen~ palms' shall not be utilized in fulfilling more than thirty (30~ percent of the requirements of this section.) Trees shell be · mtnimtu~ of seven (7) feet in height st time of planting. Species of trees whose roots are known to cause dam. Re to public roadwsys, sewer or water systems, or to public facilities are not perfaitted in landscaped areas required by these regulations. Shrubs and HedHes. Shrubs shall be a minimum of two (2) feet in height when measured at time of planting. Had= Res, where required, shall be planted and maintained so as to form a continuous, unbroken, solid visual screen within a minimum of one (1) year sfter time of planting. &) Vines. Vines shall be a minimum of thirty (30) inches in height at time of planting and may be used in conjunction with fences, screens, or walls to meet the physical barrier requirements as specified. 5) Ground Covers. ~/here used, ground covers, .over all or part of the required area, must be planted in · manner which presents a finishcd appearance and complete cover- age. They shall be used with a decorative mulch such es pine or cypress bark or material of similar nature. In no instance shall stone or gravel or any artificial ground covers be utilized for more than twenty (20~) percent of the required landscaped area. 6) Lawn Grass. Grassed areas shall be planted in species normally grown in permanent lawns in the Collier County area. Grassed areas may be sodded, plugged, sprigged, or seeded; provided, solid sod shall be used in swales or other areas subject to erosion, and provided, further, in areas where other than solid sod or grass seed is used, nursegrass seed shall be sown for in~ediete ground cover- age until permanent coverage is achieved. 7) Prohibited Trees. The following trees are specifically prohibited from use for meeting any landscapinH require- ment under this Section: (a) Broussonetia Papyrifera (Paper mulberry) (b) Causuarinaceau (Australian Pine) (c) Enterolobiom cyclocappum (Ear tree) (d) Xslsleuca leucadendra (Punk) 116 (e) Hells azedarach (Chinaberry tree) (f) $chinus terebinthtnfoltus (Brazilian Pepper tree) (Florida Holly) (g) Cocoa nocifera (Jamaican ts11 Palm) 8) Exiatins Plant Hatertsl. In meeting the requirements of landscaping for off-street vehicular facilities, the Zoning Director may permit use of healthy plant material existing on a site prior to site development. In so doing, the Zoning Director may adjust the application of the standards of these regulations to allow credit for such existing plant material, provided, Ee may not permit the reduction of required percentages of a landscaped area, reduction in numbers of trees or shrubs required, or other elements of these regulations. Removal of trees is subject to the County Tree Protection Ordinance. Landscape Plan Approval. Prior to the issuance of any build- ing permit (except for single-family or two family dwellings on individually platted lots), an applicant whose development is covered by the requirements of this section shall submit a landscape plan to the Zoning Director. The plan aha11 be drawn to suitable scale, indicate the location and size of buildings, if any, to be served, show the location of planting protective devices, indicate any existing and proposed off- street parking areas and other vehicul&r uae areas, access points, aisles, and drive-ways, and show location of planting areas and, if required by the Director, designate planting locations by species. The landscape plan required under this subsection may be submitted separately or as part of other plans that may be required for building permit application or application or petition for other permit under this Zoning Ordinance, but no use required under this section to provide landscaping shall receive a certificate of occupancy without specific approval of such landscaping plan and the installa- tion of the required landacspinl. Installation: Prior to the issuance of any certificate of oc- cupancy for 8 use required to have landscaping in e~cordance with this section, all required landscapins must be plsflted and in place as set out in the landscapin[ plan approved under Subsection b. above. All plant materials must be installed in accord with accepted landscape practices in the area. In instances where an act of God or conditions outside the con- trol of the developer have prevented immediate plantin[, the lonin~ Director, if furnished with seed and sufficient evi- dence that required plantin[s will be installed when condi- tions permit, may issue a temporary certificate of occupancy. Such temporary certific~te shall be issued to · date certain, with a notarized statement by the owner, developer,or contrac- tor that he will bear all costs of vacatin~ occupancy, includ- in[ any court and legal fees the County may incur, if the plantin[s have not been inst~lled by the date set in the temporary certificate of occupancy. Haintenance. The owner shall be responsible for the continued maintenance and upkeep of all required landscaping. Required landscaped areas shall be maintained at all times to present a healthy, alive, neat and orderly appearance for persons pass- ins on public ways and shall be kept free of refuse and de- bris. Any plant materials of whatsoever type or kind required by these regulations shall be replaced within thirty (30) days of their demise and/or removal. Development Standards: 1) R_..equired Landscapina Adjacent to Vehicular Rtshts-of-Way. On any parcel providin~ an off-street parkin[ area or other vehicular use area where such area will not be tirely screened visually by an intervenin[ bulldin[ or structure from any abuttin[ ri[hr-of-way, excludin[ alleys (except where properties across the alley are zoned residential), there shall be provided landscapin~ area alon[ such ri[hr-of-way aa follows: (a) A strip of land at least five ($) feet in depth mea- sured at ri[hr an~lea to the property lines end located between the abuttin~ ri[hr-of-way and the off-street parkin~ area or other vehicul~r use area which is e~posed to an abuttin$ ri~h~-ef-w~y shell be landscaped to include en average of one (1) tree for each fifty ($0) linear feet ~r fractio~ thereef. 2) ~) (b) In addition, s hedge at least three (3) feet in height shall be placed along the entire length of such landscaped area, provided no hedge ia per~itted within ten (10) feet of an intersection of I public right-of-w~y and · point of ingress and e~res· of the parking area. Required Vehicular Use Landscspin~ Adjacent to Interior 'Property Lines. On any lot providing an offstreet park- ing area or other vehicular use area, landscaping shall be provided between such area and any interior property lines ss follows: (a) A strip of land st least five ($) feet in width mea- sured at right angles to the property lines and located along and parallel to the property lines shall be landscaped to include an aver·ge of one tree for each fifty (50) linear feet of such interi- or property line or fraction thereof. In addition to the required trees, such planting ares shall be landscaped with grass, ground cover or other land- scape material, excludin~ paving. Required Vehicular Use Area Interior Landscaping: In dition to the requirements for landscaping of areas adjacent to public rights-of-way sad interior property lines set out above, landscaping shall be provided for the interior of the lot containing vehicular uses as follows: (a) Off-street parking areas vehicular use areas shall have at least ten (10) square feet of additional interior landscaping for each parking ap·ce or ten (10) square feet of landscaped arcs for each three hundred (300) square feet or fraction thereof of paved are· whichever is greater. (b) Interior landscaped ares· shall have · minimms dimension of at least five (5) feet and shall in- clude at least one (1) tree for each one hundred (100) square feet or fraction thereof. The ree~in- ln~ ~reas shall be l&ndacaped with ahrubs~ ground 5) 6) cover, or other landmcaping material not to exceed two and one-half (2~) feet in height. (c) The intent of thil Submection Il much that the interior landscaped areas ihall be located in much s manner as to divide and break up the expanse of paving and at strategic points to guide traffic flow and direction. However, in other vehicular use areas where the strict application of this subsec- tion will seriously limit the function of said area such aa off=street loading or trash pickup areast the required 19ndacaping may be l'ocated near the perimeter of the paved area. Such required interior landscaping which is relocated as herein provided shall be in addition to the perimeter landscaping requirements. This subsection shall not apply to interior levels of parking garages. Vehicular Overhan~ o~ Landscaped Areas. The front of a vehicle may overhang any landscaped area a maximum area of three (3) feet, provided the landscaped area ia pro= tected by motor vehicle wheel stops or curbing. Two (2) feet of such landscaped area or walkway may be part of the required depth of each abutting parking space. Common Accemaway on Con,non Property Line: Wherever a common accesmway is located on a common property line and providing access to off-street parking areas or other vehicular use areas on abutting properties, the required landscaping for said common property line shall be deter- mined by the Zon$ng Director. Applicability. The provimionm of this Section shall apply to all new off-street parking or other vehicular use areas. At such time as existing off=street parkinl or other vehicular use areas are enlarled or expanded, such provisions shall apply to the previous eximtin[ areas am well as the new areas. Any appeal from an administrative determination relatin[ to these re[ula- tiona shall be to the Board of Zonin[ Appeals. 'Prior to issuin[ occupancy permits £or new construction, inplenen= tation and completion of landscaptn[ requirements in 8.31 Signs. so off-street vehicular facilities shall be required. ~here a conflict exists between the strict application of this Section and the requirements for number of off-street parking spaces or area of off-street loading facll£ties aa found in the Schedule o£ District Regulations, the requirements of this Section shall supersede the Sched- ule. Intent and Purpose= The provisions of this Zoning Ordinance shall govern the number, sizes, location, and character of signs which may be permitted ss s msia or accessory use. No signs shall be erected or permitted in any location except in conformity with this Zoning Ordinance. Increased numbers and size of signs, aa well as certain types of lighting, distract the attention of motorists and pedestrians and interfere with traffic safety. Indiscriminate erection and maintenance of signs seriously detracts from the enjoyment and pleasure in the natural scenic beauty of the County, and in turn, injuriously affects the economic well= being of the citizenry. It ia intended to provide for the regulation of ty~es, sizes, locations, and character of signs in relation to the identification of various uses and activi- ties on premises, and to provide for certain types, sizes, locations, and character of off-premise signs. General ProvisionaI Requirements and Specifications. 1) All signs must conform to the Federal, State and County Statutes, Codes and Regulations, and also to the Southern Standard Building Code where applicable. 2) Signs erected by the Federal, State or County governments are not regulated by this Subsection. 3) No sign shall be placed or permitted as a principal use on any vacant property, in any zoning district, except as provided for in this Zoning Ordinance. 4) Ail signs shall adhere to the required setbacks, except entrance and gate signs which may be located at.property lines. ', $) lntrance and exit si[ns Bay bo placed at appropriate places, but not in the rightoof-way unless approved by the County Engineer 1) The ·rea of · lign shall be measured from Ch. out·ida edges of tho sign or the sign frame, whichever in great- er, excluding the area of the supporting structures provided that the supporting structures are not used for advertising purposes and are of an area equal to or less than the permitted sign class area. 2) Double faced signs ·hal! be measured by only one side if both aides are advertising the same business, con~nodity, or service. 3) Height - the vertical distance from the 'average cro~n of the road or the finished elevation at the base of the supporting structure, whichever is lower, to the top of the sign, or its frnme or supporting structure, whichever is higher. Permits and Fees and Exemptions. 1) A permit for a sign shall be issued by the Zoning Direc= tar prior to the issuance of · building permit. (See also the Collier County Building Code.) 2) A sign permit fee shall be collected by the Zoning Dlrec= tar pursuant to any fees associated with the issuance of · building permit as required in Section 15 of this Zoning Ordinance. 3) Exemptions. The following signs may be erected without n permit~ subject, however, to all remaining requirements of this Zoning Ordinance: (a) Professional name plates not exceeding two (2) square feet in area. (b) Bulletin boards and identification signs for public, charitable, educational or religious institutions located on the premises of said institutions and not exceeding twelve (12) square feet in total area. (c) Non-illuminated temporary construction project ground signs, (d) Occupational signs denoting only the name, street, number and business of an occupant in · commercial buildin[, public institutional building, or dwellin8 which 4o not exceed four (4) square feet in area, (e) Hemorial stsna or tablets, names of buildings and date of erection when cut into any masonry surface or when constructed of bronze or other incombustible materials. (f) Traffic or other Nunicipal, County, State or Federal \ signs, legal notices, railroad croasinS .signs, dan~er signs, and such temporary, emergency or non-advertising signs as may be approved by the Board. One ground or wall "For Sale" or "For Rent" sisn per parcel or property when such sign has an area per face of not more than forty (&O) square feet, except in nSF Districts where the maximum shall be four (4) square feet. Such sisn shall not be located within fifteen (l§) feet of any property line except in commercial or industrial districts. (h) Identification sisnn at the entrance drive of resi- dences, estates, and ranches, which do not exceed four (4) square feet in area. (i) Non-advertising directional signs or symbols ("en- trance'', "exit", "caution", "slow", "no trespass- ins", etc.) located on and pertaininS to a parcel of private property, none to exceed two (2) square feet in area. Classes of Si~nst 1) Class "A" (Billboards) (a) One hundred (100) square feet minimum. (b) Five hundred (500) square feet maximum. 2) Class "B" (a) One hundred (100) square feet maximum. 3) Class "C" (a) Forty (40) square feet maximum. &) Class "D" (a) Twelve (12) square feet maximum. $) Class "E' (a) Six (6) square feet maximum. (a) Feur (&) square 7) Class "G' (a) Two (2) square feet maximum. S) Class 'H" One wall sign with an 4rea not more than twenty (20%) percent of the total square footage of the front wall to which it shall be affixed, with a maximum of 250 square feet. District Resulationa= 1) Signs in E-Estates, Sinsle-Familyt Hultiple-Family, IIHSD, NHRPt and TTRVC Districts. (a) Naximum height - Twelve (12) feet. (b) Ninlmum Front Setback - Fifteen (15) feet. (c) One Class "B" on each major entrance to development or two (2) Class "C" on each major entrance. (1) Freestanding (2) Entrance or gate sign (d) One Class "C" per non-conforming use or special exception. (1) Wall (2) Freestanding (e) One Class "C" wall or ground sign advertiding only the name of a multi-family residential building. 2) Siins in ET-Residential Tourist District. (a) M#ximum height - Twenly-five (25) feet. (b) Minimum Front Setback - Fifteen (15) feet. (c) One Class "B" on-premise sign (1) Freestanding combination (2) Freestanding, and (d) One Class "H" on=premise sign (1) Wall (2) Harquee - Naximum projection six (6) inches 3) Silna in C-2 - Commercial Convenience District. (a) Haxinum height - T~elve (12) feet. (b) ~inimum Front Setback - Fifteen (15) feet. (c) Permitted per use= (1) Servict Stations (I) One Class "C" £reestandin8 olin, and (II) One Class "C" wall sign (2)All other permitted uses: (I) One Class "il" wall sign &) Sisns in C-1t C-3 end C-& Districts. (a) Maximum Height - Twenty-five (25) feet. (b) Minimum Front Setback - Fifteen (15) feet. (c) One Class "H" on-premise sign per business (no maximum height.) (1) Wall (2) Marquee (maximum projection six (6) inches), and (d) One Class 'B' on-premise sign for Iota with one hun- dred f~fty (l§O) feet or more of frontage. On cor- ner lots, the two (2) street frontages may be com- bined to meet the one hundred fifty C150) feet or more requirement. Maximum height, twenty-five (25) feet. (e) Shopping Center with minimum of 25,000 square feet of floor area. (1) One Class "H" per rental unit (I) Wall (II) Marquee (maximum projection six (6) inch- es.) (f) One Directory Sign located at each main entrance from each different public street. Such Directory Sign may not exceed 250 square feet in area. (g) One Class "B' on each major entrance to development or two (2) Class "C' on each major entrance. (1) Freestanding (2) Entrance or gate sign 5) SIsns in C-St ILt and ! - Industrial Districts. (a) Maximum height - l~enty-five (25) feet. (b) Minimum setback from street line - Fifteen (15) feet. (c) One Class 'A" (Billboard) only on vacant property with one hundred (100) feet or more of f~oatale and subject to provisions of ~ectioa 8.33.h. ?) (d) One Class "~" on-premise sign. (1) Ual! (2) Marquee (maximum projection six (6) inches.) and (e) One Class 'B' on-premise sign (for lots with one hundred fifty (I$0) feet or more of frontage). (1) Freestanding (f) One Directory Sign located at each main entrance from each different public street. Such Directory Sign may not exceed 250 square feet in area. (g) One Class 'S' on each major entrance to development or two (2) Class "C" on each major entrance. (1) Freestanding (2) £flLrance or gate sign St~ns in A-A~riculture Districts. (a) ?iaximum height - Twenty-five feet, (b) Ninimum front setback - Fifteen (15) feet. (c) One or more Class 'A'~ (Billboards on vacant A-prop- erty and subject to the provisions of Section 8.31 g (d) One Class "B' per frontage and only for permitted agricultural uses: (1) Freestanding (e) One Class 'C' per frontage and only for permitted non-agricultural uses: (1) ~all (2) Freeatandins (3) Bulletin Board (4) Harquee - Naximum projection six (6) inches. Signs in RO~ Recreational O~en-Space District and GCs Golf Course District. (a) Haximum height - Twelve (12) feet. (b) Ntnimum front setback - Fifteen (15) feet. (c) One Class 'B' on each major entrance to recreational activity, or Two Class 'C" on each major entrance, or One Class "B" on lots vith 150 feet or more £ront- .aget '' ho (1) Oround Sign (d) One Class 'D' wall sign per permitted uae. Billboards. 1) No billboard shall be located or placed on a plot closer than two hundred (200) feet to a parcel containing I church~ public or private school, public park or play- sround~ beach~ greenbelt area~ cemetery, or residence. 2) Maximum height - T~enty-five (2S) feet. 3) Naximum length - Fifty (50) feet. 6) Location: (a) Billboards may be located on vacant 1-Industrial property with one hundred (100) feet or more of frontage. (b) Billboards may be located on vacant A-Agriculture property also and shall be act back six hundred sixty (660) feet from a right-of-way line, and there shall be s minimum distance of 2,660 feet between any two (2) billboards along the same side of a common right'of-way except at major intersections. Political Signs. 1) Political signs, advertisements, handbills, or billboards may be used for such purpose and shall be placed in the County in accordance with this Zoning Ordinance. Such political signs shall be removed within s two (2) week period following the particular election that is invol- ved. 2) A bulk permit for political signs may be approved by the Zoning Director. 3) Failure to remove and clean-up the permitted signs within the two (2) week period will result in violation of this regulation. Prohibited Signs in all Districts. 1) Animated sisna except public service signs. 2) Neon type signs in all but Commercial and Industrial. 3) Portable signs except in accordance with the provisions of Section 10.6 of. this Ordinance. &) Strip lishtinI. 5) Roof signs. 6) Wind algas, except an official Federal, St·ts, County or City flag. 7) Any sign that Il contemptible, vile, obscene, degrading or detracting from the surrounding neighborhood as deter- mined by com~unity standards. 8) Any sign which constitutes a traffic hazard or a detri- ment to traffic safety by reason of its size, location, movement, content, coloring, or method of illumination, or by obstructing the vision of drivers, or by obstruct= ing or detracting from the visibility of any official traffic control device by diverting or tending to divert the attention of drivers or moving vehicles from traffic movement on streets, roads, inters~ctions, or ·ccess facilities; nor shall any sign be erected in such a manner as to obstruct the vision of pedestrians. The use of flashing lights, or revolving lights is prohibited in any sign ss constituting a hazard to traffic. Any sign which by glare or method of illumination constitutes · hazard to traffic is prohibited. ~o sign may use the words "Stop", "Look", "Drive-in", "Danger", or any other word, phrase, symbol, or character in such i manner as to interfere with, mislead, or confuse traffic. 9) Signs (other than those erected by · governmental agency or required to be erected by a governmental agency) erec- ted on the right-of-way of any street, road, or public way, or signs overhanging or infringing upon the right- of-way of any street, road or public way, except aa spe- cifically provided by this loning Ordinance. 10) Signs erected on public property other than signs erected by public authority for public purposes. Use of Special Purpose Sling. The loning Director may permit the following signs after an on-site investigation of the sub- Ject premisea~ 1) Directional, safety, and other signs of & non-commercial nature ·ubJe'.t to the followin[, c~ltoria~ (a) The siln is necessary in the public interest. ko (b) The sign is of four (&) square feet in area or less. (c) The maximum height is not to exceed five (S) feet. (d) The sign is a minimum distance of fifteen (15) feet to any right-of-way. 2) Temporary Sllns. The Zoning Director may, in special cases, grant permits for temporary signs, including port- able signs or banner signs to be erected on the premises o~ an establishment or activity having a grand opening or special event. Such signs shall: (a) Be permitted for not more than seven (7) calendar days in any six (6) month period, a~d (b) Shall be erected in a manner satisfactory to the Zoning Director to insure against hazard to the pub- lac. This provision is not applicable to sales held by private persons, such sales not being subject to the collection of sales tax under the Laws of Florida. The Board of Zoning Appeals may, in other special cases, grant permits on such conditions as it may reasonably require for the erection and maintenance of temporary signs not conforming to the requirements of this Zoning Ordinance. Such tempo- rnry permits shall be for a specific period of time, at the end of which the sign shall be removed. The permittee shall pay the same fee for a permit for such temporary sign as is required of standard sign permittees for the issuance of a permit. 3) Public Service Sign. The permittee shall pay the same fee for a permit for such public service aa is required of standard si~n permittees for the issuance of a permit. Removalt Alteration or Naintenance of Signs. 1) Unlawful signs covered by Section 8.31.J. may be physic- ally removed by the Zoning Director. R) Any sign now or hereafter existing which no longer adver- tises a bonafide business conducted or n product sold is an abandoned sign and shall be taken down and .removed'by the owner, agency~ or persona having beneficial uae o£ the building, structure, or land upon which such alga shall he found, within thirty (30) days after written notification by the Zoning D~rector. 3) All ·lass shall be maintained so as to present a neat, clean appear·nco. Painted areas shall be kept in good condition and illumination~ if provided, shall be main- tained in safe and good working order. &) If the Zoning Director shall find that any sign regulated under this Zoning Ordinance ta unsafe or insecure, or la abandoned, or ia a menace to the public, or is not main= rained in accordance with this Section~ he shall give written notice to the owner thereof. If the owner fails to remove, alter or repair the sign within thirty (30) days after such notice so aa to comply with the standards set forth, the Zontn~ Director may remove or alter said non-complying sign at the expense of the permittee or person having the right to use and possession of the property upon which the sign ia located. Conflict With State or Federal Regulations. The issuance of a permit in conjunction with the requirements of this Zoning Ordinance shall not permit the construction or maintenance of an outdoor advertising sign or structure in violation of any existing County, State or Federal law or regulation. Seasonal Off=Premise U-Pit Farm Signs: Seasonal off=premise U-Pit Farm sign(a) may be approved by the Zoning D~rector subject to the following cond~tions: 1) Size of U-Pic Farm Sign: The face of the alan upon which the message ia written shall not exceed two (2) feet in height nor four (&) feet fn length for an individual off-premise U-PIc Farm sign, nor eight (8) feet in height by twelve (12) feet in length for a combination off- premise U=Plc Farm sign providing, however, that such combination off-premise U-Pit Farm sign may not exceed · width or length equivalent to four (&) square feet for each individual off-premise U-Pit Farm advertised on the 2) Ness·Re Cant·nil The message content on a seasonal off-premise U-~lc Fane sign shall be l~mlted to the name of the fine, the directions for loc&t~n8 tho ran·, and · directional arrow when deemed appropriate by the Zoning Director. 3) Location of Seasonal Off-Premise U-Pit Farm $iln: A sea- sonal off-premise U-Plc Farm sign shall be located on private property and under no circumstances shall such sign be placed in any public rights-of=way. Prior to the issuance of a seasonal off-premise U-Plc Farm sign on any private property, an authorization for the placement of such sign ia required by the property owner. &) Construction of Seasonal Off-Premise U-Pit Farm gila: All seasonal off-premise U-Pic Farm sigma shall be con- atructed in a manner which complies with all applicable County ordinances. In the case of a soaaonal combination off-premise U-Pit Farm sign, individual messages shat1 either be painted directly on the combination sign board, or if constructed of individual panels, such panels shall be attached to the combination sign board in a manner which ia secure from winds and which may be removed and re- placed as required by this Section. Duration of Valid Seasonal Off-Premise U-Pit Farm Per'it: All seasons1 off-premise U-Pic Farm sign permits shall be issued for and valid during the period between October 15 and Nay 15 of the following year. A seasonal off-premise U-Pic Farm sign permit shall be renewable annually. 6) Removal of Seasonal Signs. All seasonal U-Pic signs permitted under this Subsection shall be removed within two (2) weeks after Hay 15. Failure to remove the signs shall constitute a violation of this Ordinance; and notwithstanding the other provisions for penalitieat the Director may refuse to renew the permit for the offending sign the following year. Said illegal sign nay also be removed by the Director. 8,32 Fallout She~ters. e. Definitions. 1) An above ground fallout shelter Is one entirely ~bove the natural grade of the property, excepting the foundation, 2) An underground fallout shelter is one entirely below the natural grade of the property, excepting vents not to exceed thirty-six (36) inches in height when in open po- sitiofl. No fallout shelter may be erected on any lot on which there in not a principa! structure. A building per. it is required for all permanent fallout shelters. b, Location. One family fallout shelter per lot Is permitted in any single-family zoning district, After public notice and hearing by the Planning Commis- sion and approval by the Board of County Commissioners, com- munity shelters may be constructed in other residential dis- tric~s. Display shelters for sales demonstration p.rposes are permi~ted in con~nercia! and industrial zoning districts only and may not be occupied for living purposes. c, Specifications. All fallout shel~ers shall be constructed to specifications of types approved by or in accordance with plans issued by the Office of Civil Dele.se. d. Setbacks. Above ground fallout shelters are not permitted front yards and are considered ss accessory uses and must meet the required setbacks for accessory uses in the district which such ahel~er is located. A fallout shelter may be attached to a princ~pa! building~ provided it me~s the same ysr4 and setback requirements as the principal structure. Underground fallout shelters may be located anywhere on the property in question~ except in a required front yardi ded, the entrance to the shelter and the vent pipes or stacks are the only portions which are above ~he normal grade e. Utilization. ~allout shelters are for emergency use only. They shall not be used for dwelling purposes except in emer- gency and then only by the occupants of the princip&l ~. LandscapinR. All fallout shelters shall be landscaped so as not to appear obnoxious or detrimenta~ to the neighborhood. g. Temporary Fallout Shelters. In the case of single-family dwellings only~ a temporary fallout shelter may be constructed outside of~ but attached to~ the dwelling unit during a period the premises within thirty (30) period of international tcnsion, tion of this Ordinance. 8.33 Fences. of international tension. The design and construction must be in accordance with plans prescribed by the Office of Civil Defense and ia subject to inspection. A special per. it must be obtained from the Zoning Director prior to construction of a te~orary shelter. Temporary shelters must be removed from days after the end of the Failure to do so is a viola- Fences Residential, 1) In any residential district no closed wail or fence shall be erected or maintained within twenty (20) feet from the corner intersection of street right-of-way. 2) Fences or walls mitside of the building line shall be limited to s maximum height of six ($) feet from finished grade. No barbed wire, spire tips, sharp objects, or electric- ally charged fences shall be erected in an~"~estdential area or district, except that the Board of Zoning Appeals may allow the use of barbed wire in conjunction with chain link fencing where it finds a security need, i.e., around hazards, utility substations, sewage treatment plants, etc. Fences shall be treated as a stucture for building permit purposes, and a permit shall be obtained prior to erec- tion. b. Fences in Non-Residential Districts. 1) Yences involving agricultural purposes are exempt from height and type of construction. 2) Fences in comercial and industrial districts are limited to eight (8) feet in height with the restriction to be lifted if an extreme emergency exists. 3) Ail fences shall be of sound, sturdy construction and not detract from the neighborhood. &) Barbed wire ia authorized in all non-residential dis- tricts. 5) No fence shall block the view of passing motorists or pedestrians so as to constitute a hazard, 8.34 Boats or Other Floatins Equipment Used ss D~elltns Units. Boats or other floating equipment being used as dwelling units or as commer- cial establishments may not anchor or tie-up in waters under the jurisdiction of the County for longer than forty-eight (&8) hours, except at facilities located in zoning districts permitting such use and at facilities within such districts designated for such use and meeting County and State health standards for such use. 8.35 Relulations for the Construction and Operation of Drive-In Theatres. a. The screen must be so or~ented that the picture is not visible from any existing or proposed street. b. Not more than two (2) exits shall be provided to each access highway but such exit may be suitably channelized to provide for right and left turns onto the highway, and not more than one (1) traffic lane shall be permitted for each.traffic lane on the highway available to vehicles leaving the theatre. c. No entrance or exit on a State road or primary state-main- tained system shall be within five hundred (500) feet of its intersection with another major street. d. Sufficient area shall be provided between the highway and the viewing ares to provide storage space for vehicles equal to not less than twenty-five (25) percent of theatre capacity and of that storage space so provided not less than ten (10) percent of the theatre capacity shall be provided between the highway and ticket booths. In all cases, sufficient storage space shall be provided so that vehicles will not back up onto the travelled way of the highway. Storage area shall be cal- culated on the basis of one (1) space per twenty-five (25) lineal feet of storage lane. e. An individual speaker shall be provided for each vehicle. All speakers shall be equipped with sufficient cord to permit the speaker to be placed inside the vehicle. Speakers must not be audible beyond the boundaries of the theatre lines. 8.36 Niscellaneoua Structures. School bun shelters and bicycle racks may be located in any district. No advettisinl sign shall be per- mitted off such structures without approval o£ the Board of County Commissioners. Locations and setbacks of school bus shelters ah&Il be approved by tbs School Board of Collier County. Bus atop benches may be located in any district. No adverti= sing sign shall be permitted on such structures. Telephone booths may be located in any district. District setbacks are waived. Nail (and newspaper) delivery boxes may be placed in accord with U.S. Postal Service Regulations, and are exempt from district setbacks, 8.37 Landscaped Buffer Area. Where this Zoning Ordinance requires a landscaped buffer area, the following requirements shsll be met un= leas otherwise specifically required elsewhere: a. The landscaped buffer area shall not be less than ten (10) feet in width measured at right angles to property lines and shall be established along the entire length of and contiguous to the designated property line or lines; b. The area shall be so designed, planted, and maintained as to be eighty (80%) percent or more opaque between three (3) and eight (8) feet above average ground level when viewed hori- zontally. Plsntin~s shall be of a size and type which will insure the meeting of the eighty (80%) percent opacity re- quirement within no longer than twelve (12) months of the date of first planting; c. Types and numbers of plantings for landscaped buffers shall be submitted with application for building permit, along with plans and statements demonstrating how the buffer will be irrigated and maintained in the future. 14here this Zoning Ordinance requires a landscaped buffer area or areas, no building permit shall be issued without such data; d. Failure to maintain the landac&ped buffer area as set out above shall be a violation of this Zoning Ordinance. e. Substitution for Landscaped Buffer Area. Except when other- wise specifically provided by these regulations, a six (6) foot high opaque structure set in a five ($) foot wide land- scaped buffer area may be substituted for the planted buffer in a. above. f, Waiver by IoniaS Director, ~hen the Zoning Director finds that the public safety requires, he may valve or modify the buffer requirements act out above et street end alley fronts- sea adjacent to any entrancel the findin8 of the Ionia8 Direc- tor shall be in vritin~ and shall be filed with the approved building permit, The finding shall demonstrate Lhst the buffer is not required for a certain number of feet back from the street or alley entrance, in order to afford protection to pedestrian or vehicular traffic entering or leaving the lot on which the landscaped buffer area is required by this Zoning Ordinance. g. Application ~/here Resulsttonn Set O,~t Different Requirement. In those instnnces where this Zoning Ordinance sets out a dif- ferent buffering requirement (e.g., a greater width of land- scaped buffer, or a different ty~e of buffer), then the speci- fic provisions of those regulations applicable to the particu- , lar type of use shall govern. 8.38 Guest House. No guest accommodation facility which is accessory to a single=family dwelling, whether a free standing guest house or guest accommodations which are structurally integrated with the main dwelling, may he utilized for commercial purposes. Leasing or renting a guest accommodation facility shall constitute a violation o~ this Zoning Ordinance. Similarly, if a main residence is leased or rented, a guest accommodation facility accessory to it may not be occupied by the property owner, since that would constitute the un]awful utilization of single-family zoned property for two family dwellin~ purposes. Ouest houses which are physically separate from the main residence to which they are accessory shall not be con- strutted on lots which are smaller than &3,560 square feet in area nor shall they be constructed on lots which have a frontage less than 105' in width, nor shall a guest house be larger than &O% of the size of the principal dwelling. Detached guest houses shall not be closer than 20 feeC to the principal dwelling. A guest house may be constructed prior'to n principle dwelling provided the guest house meets the minimum requirements of a single family residence in the district in which it is being constructed. At such time as a principle residence is constructed, then the floo~ area percentages listed above shall apply. 8.3g Oarbase Du~pster. Oarbage dumpsterz shall be permitted in all diz= criers subject to the following conditions~ a. All dump/rets must be mcreened from view of adJoinini'property o~ers or streets a~ first floor level. b. The followins structures may be permitted as screening for dumpaters: 1) Wood fence, 2) CBS wall. 3) Vegetative screening in conjunction with 1) or 2) above, c. Dumpaters may be penuitted within the bulldins setback area provided there is no obstruction of vision of adjacent streets. d. Screening for dumpsters shall be exempted from height limita- tions for fences provided there is no obstruction of vision of adjacent streets. e. Screening of garbage dumpsters shall be exempted in 'A-I', 'A-2" Districts, and during construction in all other Districts. 8.&O Intearal Caretaker's Residence in Commercial and Industrial Districts. The Zoning Director may authorize the construction of a caretaker's residence in the C-I, C-2, ¢~3~ C-&, C-5, IL and Dl~tricts. The residence shall be constructed as an intesral part of the principal structure and aha11 be entered from within the principal structure. Exits required to comply with fire code aha11 be permitted. 8.41 Private Airports. The following regulations apply to the location and layout of private airpotts~ a. Definitions - For the purpose of this Section, the followin8 definitions shall apply: 1) Approach Zone - a trapezoidal area increasing at a rate of 1:10 in width from 50 feet either aide of the runway centerline, at the ends o.f the usable runway(a), to a width of 350 feet either side of the runway centerline at a distance of 3,000 feet outward from the end of the runway(s). 2) Primary Surface - means an airport surface, free of ob- structtona, of prescribed width which includes the run- way. b. Control of Airspaces The applicant muir control the airspace within 700 feet from the ends of the primsr~ sur£sce~s). The control Il to pre~ent any airport h&tsrde fro~ beinl Iro~, 137 erected or otherwise pieced within a glide path of 20:1 from tho ends of the primary surface(s). This control may be created by ownership, right-of-way, easement, or a combination thereof. c. Hinimum Yards~ 1) Setback Primary surface - 200 feet. 2) Other structures - Other structures must conform with setbacks of the base zone; however, they may not be placed within fifty (50) feet of the primary surface. d. Location: Private airports shall be located in accordance with applicable State, County and Federal regulations. 8.42 Condominiums. This Zoning Ordinance shall be construed and applied with reference to the nature of the use of such property without regard to the form of ownership. Condominium forms of ownership shall be subject to this Zoning Ordinance es is any other form of ownership. Condominiums of any kind, type or use shall comply with the provisions of Chapter 711, Florida Statutes, known as the "Condominium Act". 8.43 Deed Restrictions. This Zoning Ordinance aha11 not be affected by any deed restrictions or restrictive covenants recorded with any deed, plat or other legs1 documents. No person or asency, in the capacity of enforcing and administering this Ordinance aha11 be responsible for enforcing any deed restrictions. 8.44 Relation to State and Federal Statutes. a. Required SLate and/or Federal Permits: Where proposed use or development requires State or Federal Permits prior to use or development, such permits must be secured from State or Feder- al agencies prior to commencement of any construction and/or development, tncludins shy changes in land conformation or land preparation. b. Development of Regional Impact: Where · proposed use or development ia a Development of Regional Impact, it shall meet ell of the requirements of Chapter 380.06 Florida 8t&tutes prior to the issuance of any required County Permits and commencement of construction or development. 8.&$ Home Occupationst a. Iff any residential district~ a home occupation shall be alloy- ed and it shall be conducted by an occupant thereof. The hone 138 do occupation Ihsll be clearly incidental Lo and secondary to the use of the dwelllnw for dwelling purposes and shall not change the character thereof; provided that all the following condi- l) T~ere shaX! be no on-site or off-site premise advertising signs. 2) T~e use does not generate more traffic than would normal- ly be experienced at · residence. 3) There shall be no receiving of goods or materials other than normal delivery by U.S. Postal Service or similar 4) Parking or storage of commercial vehicles or equipment ·s prohibited by Section 9.7. 5) The on-premise use of any equipment or materials, by their nature, shall not create or produce excessive noise, obnoxious fumes, dust or smoke. 6) The on-premise use of any equipment or tools shall not create any amount of vibration or electrical disturbance. 7) No on-premise use or storage of any hazardous material shall be kept in such an amount as to be potentially dangerous to persons or property outside the confines of the home occupation. 8) There shall be no retail sale of materials, goods or products from the premises. 9) There shall be no outside storage of goods or products (except plants). Any home occupation that is found to have violated any provi- sion of this Section shall be discontinued upon receipt of notice from the Director. Failure to comply with said notice shall constitute · violation of this Ordinance and for each day the use continues shall be considered · separate offense. Home occupations existing prior to the effective date of this Ordinance and found not to comply with the provisions of this Ordinance shall be deemed · viol·tion and shall be either dis- continued or shall meet the provisions imposed by this Bec- tion, A home occupation sh&ll bo subject to all applicable County occupational l/contel and othor businssa taxes. 8.66 Private Boat Houses and Docks: a. Individual or mulLlple private boat houses and docks including mooring pilings to serve the residents o£ s development, with or without boat hoists, on canal or waterway lots, not pro- truding more than five (5) feet into tho canal or waterway, unless such canal or waterway has a width of one hundred (100) feet or more, in which case the boa: house or dock may pro- trude twenty (20) feet into such canal or waterway. Extension of dock ia measured from the property line. Additional length beyond amid 5' or 20' may be requested and shall require public hearing by the Planning Gom~iasion.' After public hearing of due public notice, the Planning Commission may either approve or deny any additional length. The Planning Commission's recommendation shall be baaed upon consideration of the following factors: 1) The number of boat houses or docks to be located on the subject property in relation to the length of waterfront property available for the location of the boat houses or docks. The water depth where the boat house or dock facility is to be located and the distance to the location of the navigable channel. 3) The nature and speed o~ water currcnts in the navigable channel. 4) The land contour of the property on which the boat house or dock facility is to be located. 5) ,The effect the boat house or dock facility will have on the safety of the users of the navigable channels and adjacent waters. b. All docks, or mooting pilinls, whichever protrudes the greater into the water, regardless of length, shall have reflectorl and house numbers four (4) inches minimum size installed at the outermost end, on both aides. 8.47 Model Homes or Apartments: A model home or apartment is & tempo° rary use governed by the provisions of Section 10.6 of this Ordin- &flee, IAO 8.&8 Child Care Center - Owner Occupied: a. The owner or operator must maintain his residcnce in the same structure in which the owner occupied child care center is lo- cated. b. The maximum number of children permitted shal! be six (6) for the first 7,000 squire feet of lot ares and one (1) child for each 500 square feet of lot ares in excess of the first 7,000 square feet of lot ares. The Board of Zoning Appeals may approve i lot of less than 7,000 square feet in ires if such lot wis originally platted less than 7,000 square feet in area. The maximum number of children which may be approved by the Board of Zoning Appeals for each owner occupied child care center shall be twenty-five (15) children. c. For the purpose of this Ordinance, play area is defined as the area specifically designed sad itsed for ploy, exercise; or outside teaching or training areas and does not include off- street parking, loading and unloading areas, utility areas, building areas or required open space and landscaped areas. d. Fences and walls: A fence or wall shall be required ss a separation between the play area and on abutting lot. e. The playing of music or the use of any type of broadcasting outside of the buildings shall be prohibited. f. Supplementary conditions, as deemed appropriate, may be pre- scribed by the Board of Zoning Appeals. 8.49 Prohibited Animals In Residential Distr~cts: The following animals are to be considered farm animals and are not permitted to be kept in residential districts: turkeys, chickens, ducks, geese, pigs, horses, cows, goats, hose and the like. S~CTION 9. SPECIAL REGULATIONS: 9.1 "ST" Special Treatment Overlay District-=Special Re~ulations for Areas of Environmental Sensitivity and Lands and Structures of Historical and/or Archaeololica1 Sl~nificance~ a. Intent and Purpose: Within Collier County there are certain areas, which because of their unique assemblages of flora and/or fauna, their esthetic appeal~ historical or 'archaeo- logics! sl[nificanc~or their contribution to their own and adjacent ecoayatens, sake them worthy of special regulations. Such regulations are directed towsrd the conservation, protec- tion, and ~reservation of ecological, commercial, and recrea- tional values for the greatest benefit to the people of Collier County. Such areas include, but are not necessarily limited to mangrove and fresh water swamps, barrier islands, coastal beaches, estuaries, cypress domes, natural drainage ways, aquifer recharge areas and lands and structures of historical and archaeological significance. The purpose of this overlay district regulation ia assure the maintenance of these environmental and resources and to encourage the preservation bf the intricate ecological relationships within the systems and at the same time permit those types of developments which will hold changes to levels determined acceptable by the Board of County Commissioners after public hearing. "ST" as a Zontns Overlay Dlstrict~ Desisna~on of Lands: l) An overlay zoning c~assification to be known as the Special Treatment Overlay District, and to be designated on the Official Zonin8 Atlas by the sy~bo! "ST" together with ~he symbol of the basic zoning district which overlays, ia hereby established. This overlay district classifica~ion will be used for those lands of environ- mental sensitivity and historical and archaeological significance where the essential ecological or cultural value of the land is not adequately protected under the basic zoning district regulations established by ordin- &nee, The placement or removal of this overlay zoning district shall be governed by the procedure for amending the zoning ordinance and the zoning atlas as prescribed in Section l& of this Ordinance. 2) For purposes of identifying land from which the residen- tial developmen~ rights have been ~ranaferred, such ~ands ahel~ be designated on the Official Zoning At,as by affixing the letter ,,p. for preservation ~o the "ST", thusly "P-ST' together with the s~ubo~ or the basic zonins district which It overlays. Such designation shall be placed on the land after the Board of County Commissioners has accepted the deed and/or guarantee to said property, c. Uses Permitted on Land Desisflated "S?": Land designated "ST' shall be used only for the permitted principal use, the per- mitted accessory use, and/or the permitted provisional use under the basic rosins classification of such land. The consideration of an application for a permitted provisional use shall be subject to a Public ]{earing. This hearing may run concurrently with any public hearing required by this Section or may be held at a separate time. The fact that a use is permitted under the basic zoning district classification shall confer no right to the property owner for such use unless such uae is specifically approved as a condition of approval of a site alteration plan and/or ~ite development plan by the Board of County Commissioners aa provided in paragraph 5, subparagraph B of this section. d. Site Alteration Plan or Site Development Plan Approval Required: Prior to the clearing~ alteration, or development of any land designated **ST" the property o~ner or his legally designated agent aha11 apply for and receive approval of a site alteration plan or alta development plan, as the case may be, by the Board of County Commissioners as provided in para- graph e, subparaBraph (2) of this section. e, Procedure and Requirements for Site Alteration Plan or Site Development Plan Approval for Development in "ST" Des:Basted Land. 1) Procedure: (a) Pre-application Conference: Prior to filing a petition for site alteration or site development approval of "ST" land, the petitioner shall request and hold · pre-application conference with the Community Development Administrator and County Staff he deems appropriate. The pre-application confer- ence is for the purpose of guidance and information, and for insuring insofar as ts possible, that the petition is in conformity vith these regulations, No petition for the site alteration or site development approval ~tl! be ~ccepted for forms! processing until the Administrator has reviewed the petition to determine Chat al! required data is eluded; a minimum of thirty (30) days should be allowed for this phase of the review process. (b) The $ito Alteration Plan or 5ire Development Plan shall be submitted to the Director who shall have reviewed by the appropriate County Staff and Advi- sory Boards. The Administrator shall then forward the Site Alteration Plan or Site Development Plan and the Advisory Board's recommendations to the Plannin8 Commission for its review and recommenda- tion to the Board. The Planning Commission review shall not re- quire & public hearing nor notice to the abutting property ow:iers~ but shal~ be he~d in a regular meeting. (c) ~ina! action on the Site AZteration Plan or Site Development Plan lies with the Board of County Commissioners. The Board sha~l review the proposed Sito Alteration P~an or Site Development Plan in regular session and sha~ act formally by resolution stipulatin~ reasons for approval~ or approval with .modification! or denis! of the Bite Alteration Plan or Development P~an. (d) Upon approval by the Board~ the petitioner may apply for the appropriate local, state and federal permits for the a~teration or development of the subject premises. (e) Commencement of Site A~teration or S~te Development~ Upon obtaining al! required local, state and federa~ permits in order to a~ter or develop the subJec~ property, the petitioner may commence a~teration or development in accordance with the conditions and requirements of said permits. 2) ~equirements~ (a) Submission and approval of a Site Alteration Plan or Bite Development Plan containing the following as deter~ined applicable to the petition by the Administrator. (1) Title of the project (2) Names of the project planner and developer (3) Date (&) North directional arrow (5) Exact survey showing the project boundaries, any existing street, water courses or easements within or adjacent to the proposed development (6) Location of all proposed buildings and struc- tures with dimensions showing setbacks to property lines, roads, water courses and other structures adjacent to the building(s) (7) Access and traffic flow plan (8) Off-street parking and off-street loading areas (9) Proposed screening and buffering (~0) Refuse collection areas and solid waste (11) Access to utilities and points of utilities hookups (12) Locations for beach access aa required by the Beach Access. (b) Tabulation of total gross acreage in the pro~ect and the percentages thereof proposed to be devoted to the various permitted usesl ground coverage by structures and impervious surface coverage, (c) Architectura~ definitions for types of buildings in the development~ number of dwelling units, sizes, and ty~ee, together with typical floor plans of each (d) Computation sheet including the following (1) Lot area (2) Totally enclosed area of each floor (3) Number and floor area of unite by type (&) Landscaped area· to be provided tncludin[ existing areas of ri·Live ye[et·Lion (5) Parking ·rea (6) Number of parkins spaces (7) Indoor and outdoor recreation areas (e) Plans for providin[ potable and lrri[ation water requirements. (f) Storm drainase and sanitary sew·ge plan·. (g) Plans for sign·~ if any. (h) Such additions! data aa the Director may believe is pertinent to tho review and evaluation of the Site Alteration or Site Development Plan. Items (a), (b), (c), (d), (e)~ and (f) above she1! be prep·red by a Florida registered sut-veyor, engineer~ or architect or practicing land planner as may be appropriate to the particular item. Transfer of development rights data required in Paragraph h, ss determined appropriate by the Admin- istrator. Submission and approval of ·n £nvirorunent·l Impact Statement as required by County ordinance. (k) Submission and approval of · tree removal plan as required by County ordinance, if applicable. (1) S~bmission and approval of an excavation plan aa re- .quired by County ordinance~ if applicable. (m) A Development of Regional Impact review as required by Chapter 380.06 of the Florida Statutes! cab].e. Exceptions: 1) l~here land has an 'ST' desisnation and the proposed alteration or development are· contains twenty (20) acres or less in [ross area, and where no transfer of residen- tial rights are lnvolved~ the Administrator may approve a 8ite Alteration Plan or a Site Development ~lan. Pr~or to such approval, the Administrator ehalX make a £1nd~n[ th·t one or more of the followin[ conditions extsts~ 146 (·) The proposed lice ·Iteration or site development , will improve ecologic·l d~ficienciel existin~ on the · tel, (h) The proposed site ·ltecltion or ·itl development will not require ·ny signific·nt modification of the topoeraphy~ drlina~e! or flora! or faun· on the lite. (c) No pollut·nts will be d£sch·rged from the ·re· th·t will degr·de the ·ir, water or soil below the levels existing ·t the time of ·pplication, (d) Naturally occurring phenomena, such ·l hurricanes~ floods or fires h·ve ch·nged the previously existing flora and faun·, or th·t th~ topography snd drain·ge pattern h·ve been altered by m·n prior to the ·dop- tion of this ordinance or by nature to such · degree th·t there il no relson·ble probability of ecologi- cal regeneration. (e)The site is surrounded by l·nds not designated and where the effects of leg·l use of the surround- ing l·nd exerts · continuing environmental deterior- stion of the 'ST' ·rea th·C cannot be legally or Justifiably corrected, 2) t~here land h·l an 'ST' designation ·nd the proposed alteration or development ·res contains over twenty (20) · oral and not ~ore th·n forty (&0) ·cres of gross and where no transfer of development rights ·re involved~ the CAPC shall review and approve the site ·Iteration or developmen~ pl·n prior to proceeding with ·ny lite · tion or development. ~uch review ·nd ·pprov·! sh·ll not require notice or public helring. 3) All lite slter·tion or site plsn Ipprovlll of over forty (40) ·crel shall be is required in P·r·grsphs d and e of this ordinlnce. Hodification of Site Alter·tion Pl·n or Site Development 1) Development Plin is spproved by the ~ounty~ vhlchvould~ in the opinion of the Adniniltrator~ subltan~lal~y alter h4 the intent and purpose of these "ST" regulations requires the procedure sad approval aa if for a new petition. 2) Hlnor modifications consistent with the intent and pur- pose of these regulations may be made upon approval by the Director. Transfer of Residential Development RtShts: An owner of land desisnated as "ST' may elect to transfer some or all of the residential development rights of his 'ST" land to non-"ST" property, ss provided herein, ss an alternative to the devel- opment of the "ST" lands in conformity with the "ST" resula- ti.ns. 1) The residential development rights shall be considered aa interests in real property and may be transferred in portions or aa a total as provided in this Section. Once used, the residential development 'rights shall not be used again and the residential development rights of the subject "ST" lands providtns them shall be considered levered forever, 2) The transfer of residential development rights to be used for non-"ST" land shall be from "ST" designated land to non-"ST" lend located in RI~-6, R~-12, R~-I6, and RT ZoninS Districts and shall be sttbJect to all of the requirements of the basic zoning district unless speci- flc&lly approved otherwise aa provided by law.: (a) .The Zoning Director is hereby directed to waive the lend area requirement for the landacapins, off- street perkins or open space to the extent necessary to accommodate the number of residential units permitted in h (6)(a) of this section 3) The minimu~ area of "ST" land elisible for the transfer of development rights shall be two (2) acres of land excludins submersed land. &) Upon the approval of the transfer of residential develop- ~ent rishts for an "ST" land by the Director, the proper- ty owner of the "ST" land ia stronsly encoura8ed to. donate the land to the county; hoverer, if the ~vner chooses othervise, the approval may be conditioned upon 6) an asreement by the county which will susrantee that said 'ST' lands will be forever retained in its nature! condi- tion and will never be developed in shy manner whatsoever by anyone except aa stipulated in the s~reement. The maximum number o£ residential units vht~h may be transferred from "ST" land to non-"ST" land shall be compiled on the basis of each acre of "ST" land at tho followtn~ rate: One half (0.5) of a residential unit for each one (1) acre of "ST" land. Maximum number of residential unite which eligible non- *'ST" lands may receive. (a) Non-"ST" lands in I~F-6, R~-12, RI~-16 and RT zoned districts are eliAtble to receive residential devel- opment units provided that the maximum number of residential units which may be transferred to the non-"ST" land does not exceed 20% of the maximum number of residential units permitted under the basic zoninS of the ~-6 and I~JF-12 distr£ct or 10% of the maximum number of residential units per~itted under the basic zoninA of the R~-16 and RT district as the case may be. For the purpose of dete~ininA ~he n~ber of residen~ial units which non-"ST" land is capable of r~ceivin$, the followinA fo~ula shall .apply: R~-6 District 6 units x 20% · 1.20 units per acre RI~-12 District 12 units x 20% s 2.SO units per acre R~flr-16 District 16 units x 10% s 1.60 units per acre RT District 16 units x 10% s 1.60 units per acre 26 units x 10% · 2.60 units par acre For the purpose of calculatins the final fractional residential unit of the total number of 'residential units ellslble for transfer to · non-~aT' property, the followins shall apply: Any fractional residen- tl·l unit shall be converted upward! if 1/2 or more of · whole unit, or downward~ if lean than 1/2 of a whole unit~ to the nesreaL whole unit value. Procedure For Obtatnins Transfer of Residential Development 1) Any owner of "ST'~ land may apply for · transfer of resi- dential development ri&his either separately or concur- rently with a buildtns permit for their use in connection with the construction of the trans£erred residential units on non-*~ST*~ land aa provided in this section. Prior to the approval of any transfer of residential development rights or the issuance of any buildin& per- mits in connection with the use of any transfer of resi- dential development rishts~ the pett~ioner shsll submit the followin~ information and dst&! as applicable to the petition, to the Director for his review and action. (a) ~ame and address of *'ST" property owner. (b) ~ame and address of noa-"ST'~ property owner. (c) Lesal description of *'ST" land from which transfer of residentisl development ri&his la petitioned. (d) Survey of '~S?" property from which transfer of residential development rlshts is requested. (e) Less! description of non-"ST" land which receives .~he transfer of residential development rishts. (f) Survey of the non-'*ST'~ land which receives the transfer of residential development ri&hts. (&) Three copies of an executed deed of transfer of ownership of the ~'ST'* property to the County in a form approved by ~he County Attorney~ or~ if ~he owner elects not to deed the '*ST'! land to ~he County! the 'ST~ owner shall provide · &uarantee! a&re~able to and ·pproved by ordinance of the Bo·rd of County Commissioners, tha~ ~he ~ST* land wl~! be forever retained in its natural condition and vii1 never be developed in any manner whatsoevor by anyone. Yor the purposn of this require~ent~ natural conditions Iha~! include minor nature re- lated improvements such aS natu£e paths, boardwalkl, outdoor educational learning areas, and removal of exotic vegetation. Such · guarantee shall be recorded with the Clerk of the Circuit Court of Collier County, Florida as a recorded restricLion of the use of such land and shall be binding to all present and subse- quent owners, heirs, or assigns of such property. Such restrictions may not be amended, deleted, or otherwise altered except by affirmative vote of all members of the Board of County Commissioners. J. Time Limitations on Director's Approval of Transfer of Resi dential Development Rights or Authorization to Proceed with the Procesain~ of a Buildin8 or Construction Permit. The Director's approval of a transfer of residential development rights or authorization to proceed with the processing of a building or construction permit shall be valid so long aa such approval is permitted by law. The failure to act on the part of the petitioner to exercise the transfer of reai~Jential development rights or obtain and culminate an authorized building or construction permit within the time period provided by law shall automatic- ally 2ordinate such approval and the County shall he held harmless for any damages arising out of the petitioner's failure to act. k. Sequential Uae of Residential Units Approved For Transfer by the Director. Upon the issuance of any permit for the con- struction of residential unit(s) upon s non-"ST" receivins land, the first residential units built thereon shall be considered to be the residential units approved for transfer by the Director for transfer, the succeeding residential units constructed shall be considered the residential units per- mitted under the basic zoning district regulations. A~peaL of Community DeveLopment Admiptstrator's Decision or Interpretations, Any person ·ggrieved by ·ny decision or ln~erprs~·~lon Bade by ~he Co~munl~y,Deve~opMn~ Aduin*s~r·tor I$1 in the enforcement of thin Section may appeaZ such grievance an provided in Section 11 of this Ordinance. Interim AIricultural Use of Premises: a. The Board of County Coliisioners, may, upon reconwendation of the Plsnninl Con~sission, authorize the use of lands within any district for alricultural activ£tiest such as, and limited paiturinlt field cropl) horticulture, fruit and nu~ produc- tion, forestry, beekeepin$~ aquaculture and ~artculture. It ii the lnten~ of this Sublection to permit certain interim agricultural uses on a temporary basis which retains the land in its open~ undeveloped character. The inclusion of bu£1d- inSs and itructures, other than wells~ itructurea for conner- vation and drainage protection, and unpaved roads il strictly prohibited. b. Petitions for interim agricultural use shall be considered first by the Planning Cnm~ission in the manner herein set out. 1) Written PeLltion: A wriLten petition for an interim agricultural use shall be submitted to the Development AdmintsLra~or indtca~ing ~he basis in ~his Zonins Ordinance under which ~he in~erim a~ricu~ural use Is soush~ and I~a~in~ ~he ~rounds upon ~,hich i~ is quested) wi~h particular reference ~o ~he ~es of find- ln~s which ~ho Plsnnins Collision mus~ ~ake under Pir~- ~raph G) below. The pc~i~on should include necessary ~o demonstrate ~ha~ ~he sran~ of ~he ajricul~ural use will be in barony w~h ~he jeneral ~n~en~ and purpose of ~his Zonins Ordinance, ~ill no~ be injurious ~o ~he neishborhood or to ~dJoinin~ proper~iel~ or o~he~ile de~rimen~sl ~o ~he public welfare. Such ~a~eri~l ~sy include) bu~ is no~ limited ~o~ ~he follov- inl~ where applicable: (I) Developmen~ plans i~ sn appropria~e scale Ihowin~ lite alteration, proposed placemen~ of s~c~urel on ~he proper~y~ provisions for inzreis and eiresl, off-s~ree~ p~rk~nl and off-stree~ lo~dinl refuse and le~ice ~real; ~nd required yardi ~nd other open Ip~Cel~ 2) 3) (b) Plans showin~ proposed locations for utilities; (c) Plans for screentnE and bu&ferinE with reference to type, dimensions, and character; (d) Proposed landscapinE and provisions for trees pro- tected by County resulations; and (e) Proposed slSns and li~htins, includins type, dimen- sions, and character. I~here this Zonin~ Ordinance places additions1 requirements on specific uses, the petition should demonstrate that such requirements are met. Public HearthS: A public hesrtnE shall be held by the PlanninE Commission. Any party may appear personally or by asent or attorney. ~otice of Public Hesrinl: Notice of public hesrina shall be siren at least fifteen (15) days in advance of the public hearing. The owner of the property for which an interim aEricultursl use is souEht or his aEent or attorney deaiEnated by him shall be notified by mail. ~otice of the Public ]{ear/nE shall be prominently posted on the property for which the interim aEricultural use is souEht. Notice of the public hesrin8 shall be advertised in a newspaper of 8eneral circulation in the County at least one (1) time at least fifteen (15) days prior to the public hearinE. Notice shall be Eiven by mail to all owners of property within three hundred (300) feet of the boundary lines of the property for which the interim aEricultural use is requested; provided, however, that where the petitioner is the owner of land not included in the petitioner's petition and such land that is not included in the petition is part of or adjoins the parcel for which the request is made, the three hundred (300) foot requirement shall be measured from the boundaries of the applicant's ownership, includinE the land not covered by petitioner's petition. For purposes of this provi- sion, owners of the adjacent or nearby properties within the distance set out shall be deemd those whose appear on tho latest available tax rolls of tho County~ except that notice need not be mailed to any property owner located more than one-half mile (2,6&0 feet) from the land for which the interim agricultural use is sought. Ftndtngs~ Be~ore any interim agricultural usa shall be recommended for approval to the Board of Zoning Appeals, the Planning Com~ission shall make a finding that the granting of the interim agricultural use will not ad- versely effect the public interest end certifying that the specific requirements governing the individual inter- im agricultural use, if any, have been met by the t~oner and that, further~ satisfactory provision and arrangement has been made concerning the following mat- ters, where applicable: (a) Compliance with all elements of the Comprehensive Plan; Ingress and egress to property snd proposed struc- tures thereon with particular reference to auto- motive and pedestrian safely and convenience, tra~- ftc flow and control, and access in case of fire or catastrophe; (c) Off-stree~ parklflg and loading sreas, where re- quired, with particular attention to the items in (b) above and economic, no,se, glare, or odor ef- fects of the interim agriculture! use on adjoining properties generally in the district; (d) Refuse and service areas, w£th particular refer~uc~ to the items in (b) and (c~ above; (e) Utilitiest with reference to locations, bllity, and compatibility; (f) Screening end buffering with reference to type, dimensions end character; (g) Signs, if eny, end proposed exterior lighting with reference to glare, traffic safety, economic facto, end compatibility and harmony with properties in the district; (h) Required yards and other open space; (£) General compatibility with adjacent properties and other properties in the district~ (J) Any special requirements set out in the Schedule of District Regulations for the particular use in- volved. 5) Conditions and Safeluards: In recommending approval of any interim agricultural use, the PLanning Commission may also recommend appropriate conditions and safeguards in conformity with this Zoning Ordinance. Violation of such conditions and safeguards! which are made a part of the terms under which the interim agricultural uae is granted, shall be deemed a vio- lation of this Zoning Ordinance. Any interim agricultural use shall expire one (I) year from the date of grant, unless extended by action of the Board of Zoning Appeals, if by Chat date, the use for which the 'interim agricultural use was granted has not been commenced; and an interim agricultural use shall automatically expire two (2) years after the date of grant and must be reviewed by the Board of Zoning Appeals in order to be continued. Each sub- sequent renewal per~od shall be limited to two (2) years and must be reviewed by tho Board of Zoning Appeals at the end of each two (2) year period in order to be continued. 6) Public Access and/or Related Commercial Uses: The interim agricultural use of the premises which in any way attracts or invites access and use of the general public or the use of such premises for any commercial activity other than that expressly permitted within the zoning district is strictly prohibited. 7) Denial: If the Planning Commission shall recommend denial of an interim agricultural use, it shal! state fully in its record its reasons for doing no. Such reasoning abel! take into account the factors stated in Paragraph &) above, or such of them aa may be applicable to the specific interim agricul- tural use requested, if any. (a) Btatus of Plannin[ Commiasioq. Repgrt and Reconsnendationet ~he report and reeo~un~ndationn e! the Planning Co,mission required above ah,Il be advisory only and ah, i! no~ be binding ,pon the Board o~ Zoning Appeals. (h) Board o~ Zoning Appeals: Action o~ Plannin~ Commission Report: Upon receipt of the Planning Commission's report snd recom~endstions~ the Board of Zoning Appeals shall approve or deny the petition for sa interim agri- cultural use. An approval ah*Il be by resolution of the Board of Zoning Appeals. (c) Taxes: The granting of an interim agricultural use of the premises by the Board of Zoning Appeals sa provided herein shall not constitute grounds for establishing · new assessment of Special Classes of Property as provided in Chapter 193.~61 F.S., which assessment of Special Classes of Property did not exist for the subject prem- ises prior to the approval of the interim agriculture! use of the premises aa provided herein. (d) Hinor Changes and Amendments: The Zoning Director may approve any change he determines to be of a minor nature, such as changes in location, siting or height of per- mitred buildings and structures~ and improvements auth- orized by the approved interim agricultural use. (e) HaJor Chan~es and Amendments: Any change or amendment which the Zoning Director determines to be of a major nature shall require a full review as for a new petition. 9.3 Special Provisions for Houain~ of Farm Labor: a. Intent and Purpose: This Subsection is intended to apply to those agricultural situations where housing ia required for permanent or transient farm labor. Housing established under this Subsection shsl! be used exclusively for that purpose and no other. Zt is intended that housing under this Subsection shall be erected only in the "A-l' or'A-2' Agricultural Dis- tricts and only when such housing meets the requirements and procedures of this Subsection. It ia the intent of this Section that housing for farm labor shall be in the nature of ·plsnned developments but with restrictions designed to meet the peculiar requirements of the lam labor market end the necessities of health, safety, and 8eneral velfare of the farm laborers and the senoral public. b. ^srtculturei Defined. For the purpose of this Subsection, agriculture is defined as the cultivation of the soil, the production of crops~ and the raising of livestock for the purpose of sale. The definition includes the accessory uses of packtns! treating~ or storin8 the agricultural products raised on the premtses~ but shall not include facilities for processing agricultural commodities brought from off the premises unless such off-premises production is under the same ownership and control. c. Development Plan Required: No construction for the housing of far~ labor shall be erected until a Development Plan has been approved aa set out in this Subsection and Section 10.5 of this Ordinance. Any application for development to house farm labor shall include the general data set out in Section 10.5 and, in addition, the data required by this Subsection. Upon the approval of a Development Plan, no buildinR permit or certificate of occupancy shall be issued except in conformity with such approved Development Plan and no use shall be made of farm labor housing subsequent to construction except in conformity with that approved Development Plan. d. Farm Labor Committee: The peculiar problems crested by the necessity for housinR farm labor and the particular problem of housing transient farm labor require that special knowledge be brought to the matter of approving development plans for farm labor housing. There shall be an advisory com~ittee consis- ting of five (5) residents of the County knowledgeable in the problems of farm labor. The advisory com~ittee shall be known aa the Farm Labor Committee and shall be appointed by the Board of County Commissioners to serve terms of four (&) years. e. Farm Labor Comm~,ttee - Role in Approval of Development Plans: It shall be the responsibility of the Farm Labor Committee to rr-view Development Plans submitted under this Subsection and to determine that such plans meet the standards set out in this Subsection in the context of farm labor housing. f. Standards: In addition to the applicable requirements of this Subsection~ Development Plans for farm labor hounds8 shall meet the followins minimum standards~ H![hway Setback!. Farm labor housing shall be set back a minimum o£ one thousand (1,000) feet measured from the nearest point of construction to any State, Federal, or County highway right-of-way line. 2) Ninimum and Haximum Area: No on=site farm labor housing shall oxeeed in land area three (3%) percent of the gross acreage of the agricultural operation. Off-site farm labor housing for laborers shall have a land area of not less than one (1) acre nor more than ten (10) acres. 3. Utilities: All utilities must be installed as required by State and County resulations. 4) Layout: General: Any application for Development Plan approval shall show: (a) Land area in acres. (b) Street patterns, with provision for surfacing with a hard dustless material. (c) At least three hundred (300) square feet for each lot or dwelling unit for open space and recreation a rea. (d) The layout of building sites. (e) Acius] yard dimension (not less than minimum) for periphery of site and for each lot. (f) Size of units to be installed and specification of type. (g) Utility locations, sizes,and types; and, (h) Types of services to be provided. 5) Additional Standards for Concrete Block or Frame Dwell inRs: In addition to the materials of Paragraph above, an applicant for Development Plan approval shall show the following data where it is proposed to use concrete block or frame construction for farm labor housin[~ (a) For each structure, thirty (30) foot front yard, ten (10) foot side yard, and twenty (20) foot rear yard, with yards measured from street, building, or prop- erty lines and with all dvellinga hay/ns at least the minimu~ leparet/on betveen themI IS8 6) (b) For esch dwelling unit, a mtn£mum of one hundred twenty (120) square feet of living area for the first two (2) persons and additional fl£ty (50) square feet for each person thereafter for sleeping purposes onlyj provided other utilization of · dwellin$ unit shall require square footage of living · rea to meet minimum housing standards of the State of Florida. (c) Arrangements for a resident manager on the premises; and (d) Hinimum lot size of six thousand (6,'000) square feet with an average width of sixty (60) feet. Additional Standards for Utilization of Hobile II·mss and Travel Trailers: In addition to the material in Para- lraph 4) above, an applicant for development approval shall show the following data where it is proposed to use mobile homes and/or travel trailers for farm labor hous- ing: a) Arrangements for a resident manager, on the prem~ iaea; b) Nixing or intermingling of mobile homes and conven= ti·hal dwelling construction; provided, there shall bo at least sixty (60) foot separation between mobile home and conventional dwelltn8 complexes where both types of dwelling unit utilization is proposed; (c) Within the mobile home complex, one (1) building for service purposes only and not occupying more than two (2~) percent of the gross area of the project may be erected; and (d) Each mobile home or travel trailer shall have at least one hundred twenty (120) square feet of livinl area for the first two (2) persons and fifty (50) additional square feet of living area for each person thereafter for the purpose of sleeping ecco~- modations provided other utilization of the mobile hoem shall require square footage of living ·rea to meet minimum housing standards of the State of Florida. 7) Special Provisions for Dormitory Housins: In addition to the requirements of Paragraph 6) above, mobile homes or travel trailers may be utilized for housing migrant labor in dormitory style arrangements provided~ (a) The ares of land to be ao utilized ia one (1) acre or more in area; (b) At least three (3) basic units are utilized = one (1) for sleeping facilities, one (1) for dining and recreation uae, and one (1) for ~tility purposes consisting of shower and toilet facilities; (c) Each sleeping unit shall have minimum dimensions of twelve (12) feet by sixty-five (65) feet with a maximum sleeping capacity of twelve workers; (d) Each cooking=dining=recreation unit shall have minimum dimensions of twelve (12) feet and accom- modate no more than twenty-four (2&) laborers; (e) Each utility unit shall have minimum dimensions of twelve (12) feet by forty-five (&5) feet and accom- modate not more than twenty-four (26) laborers; and (f) The peripheral boundaries of the complex must be surfaced with a hard, dustless material. Special Provisions for (GH) Group Ilouain&: a. Intent and Purpose: This Subsection ia intended to apply to areas zoned or being taloned to residential at the time of application for "OH" where flexibility in lot size, setback and height will provide for a better setting of structures, produce more useable apace, and produce innovation in design and construction than might otherwise result under the atan= darda o~ the district to which it ia applied. This shall be done through an adopted plan of development set out in d. below. No "OH" designation shall effect an increase in the number of dwelling units allowed by the baas zoning classifi= cation. b. ~stablishment of & "OH" Zonin[.Desi~nation: & "OH" deal,- nation shall bm established through provisions of 8action 10.$ er 13 o~ thiz Ordinance where required. 160 de eo Uiel Per~iLCed; Th· 'GH' de·lgnstion s~lows ~hose permitted uses and special exception· of the basic zoning classifica- tion· of the specific parcel, provided that "ESF' district lands with 'fill' may include cjuster and townhouses in the development. Procedure and Approval: Should · parcel of land carry a designation at the time of the adoption of thin Ordinance, approval of · Development Plan is required prior to beginning any construction. An application having land that does not ha~e a 'GH' designation and desiring to develop a group hous- ing project must submit his Development Plan as a part of application for special exception. In any event, upon the date of approval, the 'GH' desisnation shall lapse after one (1) year if actual construction has not commenced. Extensions may be granted by the Board of Zoning Appeals upo~ s showing of affirmative action to commence the project. Standards for Development Plan: 1) Group housing consists of two (2) or more structures of the type permitted in the basic residential zoning clas- sification~ subject to Paragraph c. above. 2) Land area for · Development Plan under 'GH' designation shall not be less than one (1) acre, 3) The parcel of land is not subdivided into the customary · treats and lotst and will smL be so subdivided, or where the existing or contemplated street and lot layout make it impractical to apply the requirements of this ordi- nance to the individual dwellings and structures in such group development. &) Ysrdst distances between structures and other dimensional standards are satisfactory to carry out the intent ·nd spirit of the Zoning Ordinancet such standards to be specified by the applicant and may be approved pursuant to Sections 10.5 and/or 13~ if such standards are less than are required elsewhere in the ·amc residential zonin~ district. 5) Dl·~,~t regulations applicable in the basic' zoninB de·isa·riGa to other matters than those sot ~ut ·bore shal~ be observed in the Develop·met Plan, 161 9.5 6) The standards and requirements of ,qectiona 10.$ and ]~ of this Zoning Ordinance shall Plan. f. Effect of Development plan Approv~,~: apply to the Development No building permit or certificate of occupancy shell be issued except in conformity with the approved Development Plan. Chan~es and Amendments~ All chsnges or amendments except increase in land area shall require Development Plan approval as outltned in Section 10.5. Any change or amendment which would increase the land area covered by "GH" Groups Housing shall' require a full review aa for a new request. Patio Houses ~Zero Side Yard): Patio houses are single family detached dwelling structures on individually platted lots which are designed to-provide max- imum usage of outdoor 1tying space while insuring privacy from adjacent housing by providing o side yard or "patio" of greater than normal width on one (1) side of the dwelling and no yard on the other. In certain districts, the owner or owners of three (3) or more adjoining lots along a common public or approved private street may request a grant of special exception in accordance with the procedures set forth in Section 13 for the purpose of construction of patio houses. All requirements of the Subdivision Regulations and the zone district in which such patio houses are located shall be complied with, except that no side yard shall be permitted on one (1) side of each parcel and the combined side yard re- quirement of the applicable zone district shall be required on the opposite side of each parcel. No patio house aha11 be located closer than that distance required as combined side yards from any other patio house nor aha11 any patio house be located closer than the minimum setback of the applic&ble zone district from the property line of any other dwelling unit not a patio house, there patio houses are located et the property line, with no side yard as required above, no window,'door, or other openin8 below seven (7) feet in height above the first floor level shall pierce the w·ll of such structure adjacent to the adjoining property. d. Concurrent with final approval, and as a condition thereof, a convenant, in a form ·ail·factory to the County Attorney, sh·ll be recorded as pert of the deed for the subject property se·tinS forth (he side yard setbacks for each lot within the subject property and the responsibility for maintenance of the common wall along the property line. 9.6 Special Re~ulationa for Waterfront Yard·~ a. Intent and Purpose: It is the intent and purpose of this Subsection to permit the placement of principal building· ·t the bulkhead line or shoreline where such placement at the water~· edge can enhance the character of waterfront develop- mens without detriment to adjoining or nearby properties or without damage to a particular environmental situation. The provisions of this Subsection have their greatest potential · pplicatton in planning for the use of tidewater inland· or areas of the County of such size and location that the use of this provision will neet its intent and purpose. If the provisions of this Subsection are met, such provisions govern regardless of any requirement for ~aterfront yards in the district involved. b. Development Plan Required: Before · building may be con- strutted under the terms of this Subsection! approval of a Development Plan ia required as set out in Section 10.$ of this Zoning Ordinance. c. Classification of Waterfront Lands and Buildin8 Location: Buildings may not be erected waterward under this Section beyond the following limits for the situations outlined: 1) For waterfront lands along which a bulkhead line has been established, buildings may be erected out to, but not beyond, the bulkhead line. 2) For waterfront lands along which an off-shore building limit has been established by the Board of County Com- missioners, buildings may be erected out to, but not beyond· the building limit line. 3) For waterfront lands along which neither a bulkhead nor a building limit line has been established, buildings may be erected out to, but not beyond, the shoreline, as that shoreline eximta prior to construction. d. Uses: Since this Subsection applies only to the placement of buildings in waterfront yards, there shall be no uae permitted under this Subsection which ia not permitted or permissible in the district involved. A building approved under this Sub- section, however, may be attached to or made an integra! part of a boat house or dock, if such boat house or dock ia per- mitred or permissible in the district involved. e. Development Plan: An applicant under this Subsection shal! submit a Development Plan aa required in Section 10.$ of this Ordinance. Zn addition to the contents of such s plan, aa required by Section 10.$ of this Ordinance, the applicant shall submit such materials as will demonstrate that the placement of the proposed buildings tn waterfront yardm from which they would otherwise be excluded will not (1) adversely affect adjoining or nearby properties nor cause blocking of water view in any substantial degree from adjoining or nearby properties, and (2) that no adverne environmental effects will ensue aa a result of building placement aa requested. f. ~ffect of Approved Development Plan: No building permit or certificate of occupancy shall be issued under this Subsection except in strict conformity with the terms and conditions of the approved Development Plan. 8. Chansea and Amendments: Any change or amendment ahal! require a full review aa for a new request. 9.7. Special Resulations Restrictin8 the Parkin& of Commercial and Major Recreational Equipment: a. latent and Purpose: It ia the intent and purpose of this Subsection to allow residents within a subdivision in Collier County to prescribe stricLer regulations soverntng the patkinl of commercial and/or major recreational equipment than is provided under the minimum requirements set forth tn this loninl Ordinance. This district ia intended to apply as an overlay district for areal or p6rtionl of areas which are zoned for residential ules, The purpose of these regulations is to maintain the appearance and quality of the residential use in the manner in which it was originally platted, to reduce congestion, prevent overcrowding and the blocking of views and the free flow of air currents, and to maintain the lasting values and amenities of the neiBhborhood. Establishment of ~?nins Classification: A zoning classifica- tion, to be known al the Restricted Parking Overlay District, and to be designated on the Official Zontfl8 Atlas by the symbol "RP' in conjunction with the basic residential symbol, is hereby established. Procedure for Establishing District: Upon petition to the Board of County Commissioners, signed by s minimum of one hundred (100) property owners or fifty (50%) percent of the property owners, whichever is the lesser, in the proposed district, platted subdivision, or within a voting precinct comprising a homogeneous zoning area, the Board of County Commissioners may revise the boundaries of the district and enact an implementing ordinance to become effective upon approval by a majority of the qualified electors residing within the district voting in the next general or special election held for other purposes within the district(s). The election permits a choice by the elector if in favor of or opposed to the following regulations aa may be revised by the implementing ordinance: 1) House car, camp car, camper, house trailer, motor home, school and/or other buses: No house car, camp car, camper, house trailer, motor home or any vehicle, by whatever name known, school and/or other bus, designated or adaptable for human habitation, whether such vehicle moves by its own power or by power supplied by a separate unit, shall be kept or parked on premises zoned for residential purposes within the County nor on public rightl*o£*way or slid zoned districts except when parked !'. entirely vithin the confines of a garaRe, carport, or fully enclosed structure and cannot be seen from any abuttins property or public way; provided, however, that such vehicles may be parked anywhere on residential premises for s period not to exceed tventy-four (24) hours during loading and unloedtng. (&) The followinR exceptions may be granted by the Zoning Director upon application by the property o~e r: (1) Resident: Such car, trailer, bus or motor home may, upon obtaining a permit 'from the Zoning Director, be parked upon the premises of the resident for a period not exceeding three (3) days for the purpose of loading or unloading and/or cleaning and unloading prior to or after a trip. The permit for each period shall be affixed to the vehicle in a conspicuous place on the street side thereof. The Zoning Director may, for good cause shown, authorize the issuance of a second consecutive permit not to exceed three (3) days. An additional permit for the parking of such vehicle will not be issued until after such application has been reviewed ~nd approved by the Board of County Commissioners. The Zonin$ Director may, for good cause shown, issue a renewable on-site parking permit for one (1) year to a resident who, for reasons of disability, must park such vehicle on resi- dential property. (2) Non-Resident: Such car, trailer, bus or motor home~ when used for transportation of viaitoro to this County to visit friends or members of the visitors' family residing in this County may, upon obtaining a permit from the Zoning Director~ may be parked upon the pre~tses of the visited fa=fly for a period not exceedin~ 2) ~) ten (10) days. The permit shall be affixed to the vehicle in a conspicuous place on the street aide thereof. The Zoning Director may, for good cause shown, authorize the issuance of a second con- secutive permit not to exceed ten (10) days. An additional permit for the parking of such vehicle will not be issued until after the plication has been reviewed and approved by the Board of County Commissioners. Passenger Vehicles ContaininZ Commercial ~dvertisins: (a) Parking of passenger vehicles with commercial adver- tising signs which are written directly on the finished surface of the passenger vehicle or attach- ed in such a manner so as not to protrude more than one (1") Inch from the finished st~rface of the passenger vehicle, setting forth the name of the business, its address, business telephone number and type of business, e.g., realtor, painter, etc., thereon in residential areas outside the confines of a garage or carport ia permitted so long sa the home (resJdenttal) address is not shown thereon. (b) All passenger vehicles having commercial advertising signs not conforming to the requirements set forth in Paragraph (a) above shall be prohibited. Trucka~ Trallersl School Buses and/or Other Commercial Vehicleh: It shall be unlawful for any person to park, keep or store in or upon any property, public or private, in any area of the County which ia zoned residential, except as provided in Subsection 3)(a) of this Section, any truck exceeding a rated capacity in excess of one (1) ton, trailer, school bus and/or other commercial vehicle, and any passenger-type vehicle, by whatever name desig- nated, converted partially or completely from a passenger carrying vehicle to a vehicle for transporting goods or artLclea by removal of a seat or neats therefrom or by addition thereto, thereon, or therein, or · rack, trite s) or other carrier or holder for transporting ~oods or articles, such asr but not limited to, ladders, wheelbar- toys, tools, equipment, supplies or mater/sis, tf such vehicle so converted is used in or incidental to the operation o£ a business. (a) ~xceptions~ (1) The fore~oing prohibition shall not apply in cases of licensed contractors or service lishments actually doing work on the premises, or in case of loading or unloading such ve- hicles, or to any such vehicle while it is being used for transportation for personal reasons of the operator of a temporary nature to and from the house, such ss for noonday meals or to visit or serve ss. ill person. (2) The perking or storage of such vehicles is within the confines of a garage, carport, or fully enclosed structure and csnnot be seen from any shutting property or public way. Boats and Boat Trailers: No boat or bost trailer shall be parked or stored on premises zoned for residential uses or on public rights-of-way of said zoned districts, except when parked or stored entirely within the confines of a garage, carport or fully enclosed or shielded struc- ture and cannot be seen from any abutting property or public way. ~xceptions~ (1) A boat or s boat trailer may be parked on the owner's premises in the open, on a temporary basis not to exceed eight (8) hours for the purpose of loadin~ and/or cleaning end unloading prior to or after on outing. (~) An empty boat trailer may he parked at a launching site during the period of time that the boat io launched therefrom for & single voyage and while in the process of loading or unlosdin~ the bo~t end/or triller. (3) Boats on davits or cradles adjacent to vater~sys or berthed at approved docks and/or piers. 5) Hotel and Motel Perkins Provisions~ Hotels and motels are considered as business-like enterprises; thereforet recreations! vehicles, trucker trailer, buses and/or other com~erciel industrial vehicles, listed herein of bona fide residents thereof~ transients or othe~lse may be parked on the premises of such facilities. Such vehicles shall not be parked in streets~ alleys or other rizhts-of-wsy within the residential district. 6) Oeneral Exceptions: The provisions of' this Psrasraph aha1! not apply to vehicles parked on the premises of cht:rches, clinics, schools~ private clubs, ~o~f courses, utilities, hotels and motels and parks and recreational areaat while the persons transported thereby are attend- ins or participstins in activities or bainS treated or served thereat, nor to buses~ trucks or trailers parked, at any time, in s space prepared or desi~nated therefore on said premises, if such vehicles are used or operated by or for the operation of the places or institutions desi~nated, except that such vehicles cannot be used for residentia! occupancy. 9.8 Automobile Service Stations~ a. The followin~ resulations apply to the location~ 1ayout, drsinsse~ operstiont fencing, lsndscspin~, parkin~ and permit- ted sales and service activities of automobile service sta- tions: 1) Lot Size - ~lnimum Eighteen Thousand (18~000~ S~uare Feet: (a) Minimum Frontsse: An automobile service station shal! not be located on a lot with less that one hundred fifty (150) feet frontase on a dedicated street or hishway. (b) Minimum Depth: One hundred twenty (120) feet. Mlnimm~Yards~ (e) Fron~ Yard Setback - Fifty (50) feet. (b) Side Yard Setback - Forty (&0) feet. (c) Rear Yard Setback - Forty (&O) feet. (d) Canopy - Ten (10) feet beyond pump setback line. 3) Storage Tanks: Storage tanks shall be located below grade. 4) Lighting~ All lights and lighting for an automobile service station shall be designed and arranged so that no source of light shall be visible from any residential district. No part of any light structure shall protrude beyond property lines. S) Location of Structures! Pu~ps, etc.: No main or acces- sory building, no sign of any type, and no gasoline pump, tank, went, pump island or pump island canopy shall be located within twenty-five (2S) feet of any residentially zoned property. Gasoline pumps and pump islands may be located no closer than thirty (30) feet to the street property lines sad shall he located no closer that forty (&O) feet to say side or rear property line. Pu~p island canopies may be located no closer that fifteen (IS) feet to the street property line. If such setback requirements mentioned above, are closer than setback requirements for the district in which the automobile service station is located, such zervice station appurtenances shall be remove~ before the property in converted to a use other than an automobile service station. Removal of fuel storage tanks ia required. Free standing vents are not permitted. 6) Entrance and Exit: No automobile service station shall have an entrance or exit for vehicles within two hundred (200) feet alon~ the same side of a street of a school, public playEround; child care center, church, hospital, public library, or any institution for de?endenta or for children, except where such property ia in another block. 7) Fence Re2uirements~ If an automobile service station abuts a residential district~ a wall of ~ol~d gecorative material five (S) £eet l~ height or & wall o£ landscaping musC he provided and ~roperly maintained. is aeparnted from the resident~at zone by ~n a~leyt then the wall shall be erected along the lot addition, all outside trash areas for used tirest auto parts, and other items shall be enclosed on all sides by · five (5) foot hlsh decorative ~ence or wall which shall conform to all fence setback regulations. All walls and buildings shall be protected by a barrier to prevent vehicles from contacting the wall. 8) Outside Display of Products: Petroleum products in cans and windshield viper blades may be displayed outside the service station building in the standard racks provided for such display, provided such racks shall not he placed closer to a street line than the pump island. There shall be no outside display or stacking of tires or other merchandise. 9) Trash Facilities: Adequate! completely enclosed trash storage facilities shall be provided on the site. On an interior lot~ such facilities shall be located at the rear of the service station*s main structure; on · corner lot, such facilities shall be located! where possible, on the side of the main structure with street frontage carrying the lesser volume of traffic. 10) Vehicle Sales: There shall be no vehicle salos conducted on the premises. 11) Draina~e: The entire lot, excluding Che area occupied by a building, shall be properly drained and hard surfaced with concrete or plant-mixed bituminous material, except for the required landscaped ·ream. 12) Psrkin~ Areas: Parking areas will conform to the provi- sions of this Ordinance. At no time shall repairs be performed in parking ·ream. 13) Landscapin[: A minimum of twenty (20%) percent of the 1o~ are· shall be landscsped~ with · minimum of ~hree (3~) percent landscaped per ~o~ side. Goner·l: In addition to tbs retail dispensing of automobile fuel· and oil, only the followin[ services maybe rendered end sales made~ 1) Sales and servicing of spark plu~s, batteries, distribu- tors and distributor parts: Sales, servicing and rep·ir of tires, hut not ret·ping or regrooving; 3) Replacement of wsterhoses, fan belts, brake fluids light bulbs· fuses· floor mats· wiper blades· grease retainers· wheel be·rinlst shock ·bsorberst mirrors, and the likel &) Provision of raters anti-freeze, end the likei 5) Wsshing and polishin~ and sale of automobile washing and polishing materials, but this provision does not permit car laundries; 6) Providing and repairing fuel pumps and lines; ?) Hinor servicing and repair of carburetors; 8) Emergency wiring repairs; 9) Providing repair of brakes; !0) Hinor motor adjustments not involving removal of the head or crankcase; 11) Greasing and lubrication; 12) Sales of cold drinks, candies, tobacco. ·nd similar convenience 8oods for service station customers, but strictly and only as accessory and incidental to the principal business operation; 13) Provision of road maps and other information outside of the enclosed areas; l&) No mechanical work shall be allowed outside of the en- closed · re·s; 15) No automobile service station shall be permitted where say oil drainage pit or visible appliance for say such purpose other than refueling cars is located within twenty (20) feet of any street right-of-way or within forty-five (&$) feet of any residential districts except where such appliance or pit is located within · wholly enclosed building; 16) Uses permissible ·t an ·ut·mobile service ·~·tion do not include major mechanical ·nd body york· str·ilhteninl of frames or body p·rts~ steam cleanin~ psintin~ weldin~ ators~e of automobiles, coumerci·l ssrsle aa an ·ccessory 2) Ule, or other work lnvolvin~ undue nolle, glare, fUmel, smoke or other characteristics to an extent greater'than normally found in such stationl. An automobile service station il not a facility for the sale of automobile vehicles, s repair garage, a body shop, a car laundry, or a truck stop. e. Convenience grocery stores selling motor £uel must conform with 8.s. 3), &) and $) of this Section. Special Re~ulations for Specified Areas fn and Around the Naplest Ever~ladest AerooOssist Narco Zsland, and lnv~okalee CEd Scott Air field) Airports: a. latent and Purpose: Certain areas in and around Collier County, Florida, require special regulation to prevent hazards which endanger the lives and property of users of the airports and of occupants of land in their vicinity and which, if of the obstruction type, reduce the size of th~ area available for the landing, taking off, and maneuvering of aircraft, thus tending to destroy or impair the utility of the airports and the public investment therein. Accordingly, ~t ls hereby declared that: The creation or establishment of airport hazards and obstructions are a public nuisance and an in3ury to the County& 2) Thai it is necessary, in the interest of public health, public safety, and general welfare, that the creation of airport obstructions, hazards and structures be pre- vented~ 3) That ia it necessary in the interest of public health and welfare that the establishment of incompatible land uses be prevented in the areas defined al the CNN 100 contour (ASDS 85 DBA) noise area and/or the accident potential hazard areal~ &) That the prevention of these obstructions, structures and incompatible land uses should be accomplished, to the extent legally pOslible, by the exercise of the police power v/thou~ compensation& and bJ In addition to the regulations applicable to land zoned, aa indicated in the Official Zoning Atlas, the following regulations are additionally applicable to lands in the County in the vicinity of the Naples, £vergladea, Aero- Oasis, Narco Island and Immokalee (Ed Scott Airfield) Airports as indicated on the Airport Zoning Naps of Collier County. Lands lying within various zones al indicated on the Airport Zoning Naps are subject to the additional regulations set o,t in this Section. Airport Zones and Airspace Height Limitations: In order to carry out the provisions of this Zoning Ordinance, there are hereby created and established certain zones which include all of the land lying beneath tho approach, transitional, hori- zontal and conical surfaces as they apply to a particular airport. Such zones are shown on the Naples, Narco Island, ~v~rglades, Aero-Oasis and Immokalee Airport Zoning Naps which are hereby adopted by reference and declared to be made a part of this Zoning Ordinance. Zoning Nap A: Naples Airport Zoning Nap B: Narco Island Airport Zoning Nap C: Everglades Airport Zonins Nap D: Aero-Oasis Airport ~onina Nap E: Immokalee Airport (Ed Scott Airfield) Ail of the land lying within the instrument approach zones, VlrR approach zones, transition zones, horizontal zone and conical zone may be designated and regulated as herein authorized. Lands within the various airport zones shall be designated on the maps noted above and adopted by the Board of County CO~l~iasionera. The various zones are hereby estab- lished and defined as follows: 1) Naples Airport: (a) Instrument Approach Zones: An instru~ent approach zone is eltabliahed at the Northeast end of the instrument runway 22-4 for instrument lznding and take-off. The instrument approach sons shall have a width of one thousand (1,000) feet et · distance of two hundred (200) feet Northeast of the end of the runway, widening thereafter ~Jniformly to a width of sixteen thousand (16,000) feet at a distance of fifty thousand two hundred (50,200) feet Northeast o! the end of the runway, its centerline being the continuation of the centerline of the runway. An instrument approach zone is established at the Southwest end of the instrument rnnway for instru- ment landings and takeooffs. The Instrument ap- proach zone shall have a width of four thousand (4,000) feet at a distance of ten thousand two hundred (10,200) feet beyond the end of the runway, its centerline being the continuation of the center- line of the runway. A height limitation ia established providing one (1) foot in height for each fifty (50) feet in horizontal distance beRinning at a point two hundred (200) feeC from and at the centerline elevation of the Northeast end of 22-4, the instrument runway, and extending Northeasterly a distance of ten thou- sand two hundred (10,200) freer from the end of the runway; thence Northeasterly one (1) foot in height, for each forty (60) feet in horizontal distance to a point fifty thousand two hundred (50,200) feet from the Northeast end of the runway. Also, one (1) foot in height for each thirty-four (36) feet in horizon- tal distance beginning at a point two hundred (200) feet from and at the centerline elevation of the Southwest end of the instrument runway and extending Southwesterly to a point ten thousand two hundred (10,200) feet from the end of the runway. (b) VlrR Approach Zones: Visual Flight Rules approach zones are hereby established and shall have a width of five hundred (500) feet at a distance of two hundred (200) feet beyond each end of runwsy widening thereafter uniformly to · width of one thousand five hundred (1,500) feet beyond each end of this runway. A height limitation is established providln~ one (11 foot in height for each forty (40) feet in horizontal distance beginning aL a point two hundred (200) feet from and at the centerline elevation of each end of runway 31-13 and extending to points two thousano two hundred (2,200) feet from the ends of the ruow.,; thence one (l) foot in height for each twenty (20) feet in horizoatal distance and extend- lng to a point five thousand two hundred ($,200) feet from the ends of the runway. (c) Transition Zones: Transition zones are hereby established adjacent to each instrument and VFR runway and approach zon~ as indicated on the Airport Zoning Hap. Transition zones symmetrically located on either side of runways have variable widths as shown on the Airport Zoning Hap. Safety zones extend outward to a line one hundred fifty (150) feet on either side of the centerline of the VFR runway, for the length of such runway plus two hundred (200) feet on each end and two hundred fifty (250) feet on either side of the centerline of the instr.m~nt runway, and are parallel and level with such runway centerlines. The transition zones along such runways slo~e upward and outward forn the edges of the safety zones one (1) foot vertically for each seven (7) feet horizontally to the point where they intersect the surface of the horizontal zone. Fur- that, transition zones are established adjacent to both instrument and VFR approach zones and these transition zones from the base of such zones slope upward and outward at the rate on one (1) foot vertically for each seven (7) feet horizontally to the points where they intersect the surfaces of the horizontal zone. Additionally, transition zones are established adjacent to the instrument approach zone where it projects through and beyond the lisits of the horizontal zone, extending s distance of five thousand ($,000) feet measured horizontally from the end of the instrument approsch zone at right angles to the continuation fo the centerline o£ the runway. A height limitation is established providing one (1) foot in height for each seven (7) feet in horizontal distance beginning at the edge of each safety zone and at the elevation of the centerline of each run~sy~ and extending to a height of one hundred fifty (150) feet above the, airport elevation which height is one hundred fifty-eight (158) feet above mean sea level. In addition to the foregoing~ there ere established height limitations of one (1) foot vertical height for each seven (7) feet hori- zontal distance measured from the edges of all approach zones for the length of the approach zones ss shown and extending upward sl~d outward to the points where they intersect the horizontal surface. Further, to the Northeast~ where the instrument approach zone projects through and beyond the coni- cal zone, a height limit of one (1) foot for each seven (7) feet of horizontal distance shall be maintained beginning at the edge of the instrmnent approach zone and extending s distance of five thousand (5,000) feet from the edge of the instru- ment approcah zone measured normal to the centerline of the runway extended. (d) Horizontal Zone: A horizontal zone is hereby estab- lished as the area within an oval wtth its center at the ends of the instrument runway and having s radius of five thousand (5~O00) feet. The horizon- tsl zone does not include the instrument sad VFR approach zones and the transition zones. A height limitation is established at one hundred fifty (150) feet shove the airport elevation or a height of one hundred fifty-eight (158) feet above mean sea level. 2) (e) Conical Zone: A conical zone is hereby established as the area that commences at the periphery of the horizontal zone and extends ouLward therefrom a distance of four thousand (4,000) feet. The conical zone shall slope upward and outward from this peri- phery at the rate of one (1) foot vertically for each twenty (20) feet horizontally. The conical zone does not include the instrument approach zones and transition zones. A height limitation is estab- lished providing one (l) foot in the height for each twenty (20) feet of horizontal distance beginning st the periphery of the horizontal zone, extending to a height of three hundred fifty (350) feet above the airport elevation. (f) Other Areas: In addition to the height imposcd in (a) throt:gh (e) above, no structure or obstruction will be permitted within Collier County that would cause a minimum obstruction clearance altitude, a minimum descent altitude, decision height or s minimum vectoring altitude to be raised. Narco Islandt Evergladesz Aero-Oasis and Immokalee Airports: (a) Primary Zone: An area longitudinally centered on runway, extending two hundred (200) feet beyond each end of the runway with the width lo spec£fied each runway for the most precise approch existing or planned for either end of the runway. No structure or obstruction will be permitted within the primary zone that ii not part of the landing and take-off area and Is of greater height than the nearest point on the runway centerline. The width of the primary zone is as follows: Everglades Aero-Oasin! and Immokalee Ait~orts: Two hundred fifty (250) feet for utility runways havin[ visual approaches. Narco Island Airport: Five hundred (500) feet for visual runways havin~ only visual approaches. The width of the primary zone of a runway wit! be that width prescribed in this Subsection for the moat precise approach existing or planned for either end of that runway. No structure,or obstruction will be permitted within the primary zone that is not part of the landing and take-off facilities and ia of · greater height than the nearest point on the runway center- line. (b) Horizontal Zone: The area around each civil airport with an outer boundary, the perimeter of which is constructed by swinging arcs of specified radii from the center of each end of the primary zone of each airport's runway and connecting the adjacent arcs by lines tangent to those arcs. The radius of each arc ia: Everglades Marco Xslandm Aero-Oasism and Immokslee Ai r~orts: Five thousand (5,000) feet for all runways designated as utility or visual. Ho structure or obstruction will be permitted in the horizontal zone that has a height 8rearer than one hundred fifty (150) feet above the airport height. (c) Conical Zone: The area extending outward from the periphery of the horizontal zone for a distance of four thousand (4,000) feet. lleight limitatton~ for structures in the conical zone are one hundred fifty (150) feet above airport height at the inner boun- dary to a height of three hundred fifty (350) feet above airport height at the outer boundary. (d) Approach Zone: An area longitudinally centered on the extended runway centerline and extending outward from each end of the primary surface. An approach zone la designated for each runway based upon the type of approach available or planned for that runway end. (1) The inner edge of the approach zone is the same width as the primary zone and it expands uni- formly to a width of: Everglades Aero=Oasis and Immokalee Air- ports: One thousand iwo hundred fifty (1,250) feet for the end of a utility runway w/th only visual approaches. Marco Island Airport: One thousand five h,ndred (1,500) feet for that end of a runway other than a utility runway with only visual ap- proaches. (2) The approach surface extends for a horizontal distance of: rive thousand (5,000) feet far all utility and visual runways. (3) The outer width of an approach zone to an end of · runway will be that width prescribed in this subsection for the most precise approach existing or planned for that runway end. (&) Permitted height limitation within the approach zones is the same aa the runway end height at the inner edge and increases with horizontal distance outward from the inner edge as fol- lows: ~ver&lades Marco Islandt Aero-Oasis and Imokalee Airports: Permitted heiEht increases one (1) foot vertically for every twenty (20) feet horizontal distance for all utility and visual runways. (e) Transitional Zones The area extending outward from the sides of the primary zones and approach zones connecttns them to the horizontal zone. Height limits within the transitional zone are the same es the primary zone or approach sane at the boundary 180 014 Ce line where It adJnins and increases at a rate of one (1) foot vertically for every seven {7) feet hori- zontally, with the horizontal distance measured at risht angles to the runway centerline and extended centerline until tho height matches the height of the horizontal zone or for a horizontal distance of five thousand ($,000) feet from the aide o£ the part o£ the precision approach zone that extends beyond the conical zone. (f) Other Areas: In addition to the height limitations imposed in (a) through (e) above, 'no structure or obstruction will be permitted within Collier County that would cause a minimum obstruction clearance altitude, a minimum descent altitude, decision height or a minimum vectoring altitude to be raised. Additional Provisions: 1) [aplea Airport: (a) Uae Restriction: Notwithstanding any other pro- viaionn of the Zoning Ordinance, no uae may be made of land within the Northeast instrument approach zone established by this Ordinance in such a manner aa to create electrical interference with radio communication between the airport and aircraft; make it difficult for flyers to distinguish between airport lights and others; result in zl&re in the eyes of flyers using the airport; impair visibility in the vicinity of the airport or otherwise endanger the landing, taking off, or maneuvering of aircraft. (b) Nonconformities: (1) Re~ulationa not Retroactive: The regulations prescribed By this Ordinance shall not be construed to require the removal, lowering or other changes or alteration of any structure not conforming to the regulationl as to the effective date of this Ordinance, or othervile interfere vtth the continuance of any noncon- £orminj use. Nothini herein contained shell require any chan~e in the constructiou, rio;I, or intended uae o[ any str.cture, the construction or alteration of which was begun prior to the e£fective date of these regula- ttonst and is diligently proaecuted. (2) Harking and Lighting: Notwithstanding the preceding provision of this ~ubaectiont the o~ner of any nonconforming structure ia hereby required to permit the installation, operation and maintenance thereon of such markers and lights aa shall be deemed n~cessary by the Airport Authority of the City of Naples to indicate to the operator of aircraft in the vicinity of the airport the presence of such airport hazards. Such markers and.lights be in,tailed, operated and maintained at the expense of the Authority. Compliance With These Requirements: (1) Future Uses: Except as specifically provided herein, no material change shall be made in the use of land and no structure or tree shall be erected, altered~ planted or otherwise estab- lished in any zone hereby created except in compliance ~ith these requirements. (2) Existing Uses: No building permit shall be granted that would allow the establishment or creation of an airport haz&rd or permit a non-conforming uae or structure to be made or become higher~ or to become a greater hazard to air navigation than it was on the effective date of this Ordinance or any amendments there- to. Everglades, H~rco lsland~ Aero-Oasis sad ~mmokalee ~trpgrtl: Use Restrictions: Notwithstanding any other provi- sion of this Ordinance! no uae mey be made' of land or water vithin any ~onea eltlbliahed by this Ordin- · nce ia such ~ manner ~a to interfer~ with the operation of an airborne aircraft. The following special requirements shall apply to each permitted use~ (1) All lights or illumination used in conjunction with street, parking, sign or uae of land or structure shall be arranged and operated in such a manner that it is not misleading or dan= gerous to aircraft operating from a public air- port or in the vicinity thereof. (2) No operations of any type shall produce smoke, glare or other visual hazards 'within three (3) statute miles of any usable runway of a public airport. (3) No operations from any type shall produce elec- tronic interference with navigation signals or radio co~tJn~cat~on between the airport and aircraft. (&) Uae of land within the accident potential hazard area shall prohibit high density resi- dential uae, schools, hospitals, storage of explosive material, assemblage of large groups of people or any other uae that could produce a major catastrophe aa a result of an aircraft crash. (b) Liahtin~: Notwithstanding the preceding provisions of this Subsection, the owner of any structure over two hundred (200) feet above ground level shall install lightin~ on such structure in accordance with Federal Aviation Administration Advisory Circu- lar 70=7&60-1 and amendments thereto. Additionally, high intensity white obstruction lights shall be installed on a high structure which exceeds seven hundred forty-nine (7&9) feet above Lean sea level. The high intensity white obstruction lights must be in accordance with Federal Aviation Administration Advisory Circular 70-7&60-1 and amendments.' (c) Variances: Any person desiring to erect or tncresse the height of say structure or use his property not in accord·ace with the regulations prescribed in this Ordinance may apply to the Board of Zoning Appeals for · variance from such regulations. (d) Hazard Hark·ns and Lishtins: Any per. it or variance granted shall require the owner to mark and light the structure in accordance with FAA Advisory Circu- lar 70-7160-1 or subsequent revisions. The permit may be conditioned to permit Collier County, at its own expense, to install, operate and maintain such markers and lights as may be necessary to indicate to pilots the presence of an airspace hazard if special conditions so warrant. 3) Airport Noise Zones~ No person shall sell, lease or offer to sell or lease any land within the airport noise zone (100 CNR 85 DBA contour) unless the prospective buyer or lessee has been given the followin~ notice in writing: "Noise Warning This land lies beneath the aircraft approach and departure routes for Naples, Narco Island, Everglades, Aero-Oasis and Immokalee Airports and is subject to noise that may be objectionable." SECTION 10. ADMINISTRATION AND EICFORCEHENT: GENERALLY~ BUILDING PERMITSt CERTIFICATES OF OCCUPANCY~ D£VELOPHENT PLAN APPROVAL~ TEMPORARY USE PER~ITS: 10.1 General: An official to be known ss the Zonin~ Direckor, designa- ted by the Board of County Commissioners, shall enforce this Zoning Ordinance. The Zoning Director is suthoirzed to act through ·ides and assistants. In the performance of his duties, the Zonin~ Director may request the assistance of any appropriate officer or agency of the County. He shell investigate promptly complaints of violations, reportin~ his findings and actions to complaintsnts, ·nd shall use his best endeavors to prevent violations or to detect and secure the correc- tion of violetions. If he finds that any of the provisions of this (c) Variances: Any person desiring to erect or tncresse the height of say structure or use his property not in accord·ace with the regulations prescribed in this Ordinance may apply to the Board of Zoning Appeals for · variance from such regulations. (d) Hazard Hark·ns and Lishtins: Any per. it or variance granted shall require the owner to mark and light the structure in accordance with FAA Advisory Circu- lar 70-7160-1 or subsequent revisions. The permit may be conditioned to permit Collier County, at its own expense, to install, operate and maintain such markers and lights as may be necessary to indicate to pilots the presence of an airspace hazard if special conditions so warrant. 3) Airport Noise Zones~ No person shall sell, lease or offer to sell or lease any land within the airport noise zone (100 CNR 85 DBA contour) unless the prospective buyer or lessee has been given the followin~ notice in writing: "Noise Warning This land lies beneath the aircraft approach and departure routes for Naples, Narco Island, Everglades, Aero-Oasis and Immokalee Airports and is subject to noise that may be objectionable." SECTION 10. ADMINISTRATION AND EICFORCEHENT: GENERALLY~ BUILDING PERMITSt CERTIFICATES OF OCCUPANCY~ D£VELOPHENT PLAN APPROVAL~ TEMPORARY USE PER~ITS: 10.1 General: An official to be known ss the Zonin~ Direckor, designa- ted by the Board of County Commissioners, shall enforce this Zoning Ordinance. The Zoning Director is suthoirzed to act through ·ides and assistants. In the performance of his duties, the Zonin~ Director may request the assistance of any appropriate officer or agency of the County. He shell investigate promptly complaints of violations, reportin~ his findings and actions to complaintsnts, ·nd shall use his best endeavors to prevent violations or to detect and secure the correc- tion of violetions. If he finds that any of the provisions of this Ordinance are being violated, he shall notify, in writing, the person rosponaible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. Re shall order the discontinuance of illegal use of land, buildings, or structures; removaZ of illegal buildings or structures or ille- lal additions, alterations, or structural changesl discontinuance of any illegal work being done; or shall take any other lawful action authorized by this Zoning Ordinance necessary to insure compliance with or to prevent violation of this Ordinance. Failure to comply with any such order of the Zoning Director shall be a violation of this Ordinance. The Zoning Director shall maintain written records of zoning violations and offical actions of his office with relation to the enforcement of this, and of all complaints and actions taken with regard thereto, and of all violations discovered by whatever means, with remedial action taken and disposition of all cases; and the same shall be a public record. 10.2 Zonina Action on Buildina Permits: The Zoning Director shall be responsible for determining whether applications for building permits, as required by the Collier County Building Code, are in accord with the requirements of this Zoning Ordinance, and no building permit shall be issued without written approval that plans submitted conform to applicable zoning regulations. No building or structure shall be erected, moved, added to, or altered without a permit, as required by the Collier County Building Code and no building permit application shall be approved by the Zoning Direc- tor for the erection, moving, addition to, or alteration of any building or structure except in conformity with the provisions of this Zoning Ordinance, unless he shall receive a written order from the Board of Zoning Appeals in the form of an administrative review of the interpretation or variance as provided by this Zoning Ordin- ance or unless he shall receive a written order from a court of competent Jurisdiction. 10.3 Application for BulldinI Permit~ All applications for building per. its shall, in addition to containing the tnfor~ation required by the Building Official, be accompanied by plot end construction plane drawn to scale, ahowin~ the actual shape and dimensions sE the lot to be built upon; the sizes and locations on tho lot of bulldin~a already exiatin;, iE any; the size and location on the lot of the buildin~ or buildinsa to be erected or altered; the exiatin~ uae of buildin~a on the lot, if any; the intended use of each huildin~ or buildings or parts thereof; the number of families the buildtn~ is designed to accommodate; the location and number of required off-street parkin~ and off-street loadin~ spaces; approxi- mate location of trees protected by County regulations; and such other lnfor~ation with regard to the lot and existin~ proposed structures as may be necessary to determine compliance with and provide for the enforcement of this Zoning Ordinance. ~here owner- ship or property lines are in doubt, the Zonin~ Director may re- quire the submission of a survey, certified by a land surveyor or engineer licensed in the SLate of Florida. Property stakes shall be in place at time of comencement of construction. lO.& Construction and Use to be as Provided in Applications} Status of Permit Issued in Error: Building permits or certificates of occu- paltcy issued on the basis of plans and specifications approved by the Zoning Director authorize only the use, arrangement, and con- atructton set forth in such approved plans and applications, and no other use, arrangement, or construction. Use, arrangement, or con- struction different from that authorized shall be deemed a viola- tion of this Zoning Ordinance. a. Statements made by the applicant on the buildin{ permit appli- cation shall be deemed official statements. Approval of the application by the Zonin{ Director shall, in no way, exempt the applicant from strict observance of applicable provisions of this Zonin{ Ordinance and all other applicable resulations, ordinances, codes, and laws. b. A buildin{ permit issued in error shall not confer any ri{bLs or privlle{ea to the applicant to proceed to or continue ~lth construction, and the County shall have the power to revoke such permit u~til said error is corrected. 10.5 Develo~ent Plan Approvall a. Procedural ~ereby the tame of ~his Zeals{ Ordinanco, appro- val of · Development Plan Is required or vhereby approval is requeAted hy the developer prior to the issuance of a build- ins permit, such Development PlAn shall he submitted to the Zon~ns Director. He may circulate the Development Plan for comment and criticism to Any County official, department, or sdvisor~ board which may have A responsibility for some aspect of the Development Plan. Contents: The Development Plan required to be submitted under Section lO.5(s) above and by the requirements of this Zonins Ordinance ~hall include the following elements, unless the Zoning Director determines that one or more of said elements does not apply to the particular development. 1) Statements of ownership and control of the proposed de- velopment. 2) Statement deacribing~ in detail, the character and inten- ded use of the development. 3) General location map, showing relation of the site for which Development Plan approval ia sought to major streets, schools, existing utilities, ahoppins areas, important physical fcaturea in and adJoinins the project, and the like. &) A Development Plan containins the title of the project and the names of the project planner and developer, date, and north arrow, and, based on an exact survey of the property drawn to a scale of sufficient size to show boundaries of the project, any exiatinS streets, build- ings and structures; access and traffic flow and how vehicular traffic will be separated from pedestrian and other t~pes of traffic; off-street parking and offatreet loAd/nS areas; recreation facilities locations; screens end buffers; refuse collection Areas; end access to utilities end points of utilities hookups. 5) Tabulations of total Stoas acreage in the project and the percentesea thereof proposed to be devoted to the various permitted uses; around coverase by structures; And imper- vious surface Coverase. 6) Tabulations showing the derivation of numbers of off- street parking and .off-street loading spaces shown in Subparagraph &) above; and total project density in dwel- ling units per gross acre. ?) If common facilities (such aa recreation areas or strue= tures, private streets, common open space, etc.) are to be provided for the development, statements as to how such common facilitiea are to be provided and permanently maintained. Such statements may take the form of proposed deed restrictions, deeda of trust, homeowners associa- tions, surety arrangements~ or other legal instruments providing adequate guarantees to the County that such common facilities will not become a future liibtltty for the County. 8) Storm drainage and sanitary sewage plans. 9) Architectural definitio,s for types of buildings in the development; exact number of dwelling units, sizes and types, together with typical floor plans of each type. 10) Plans for signs, if any. 11) Landscaping plan, including types, sizes and locations of vegetation and decorative shrubbery, and showing the pro- visions for irrigation and maintenance. Location on the site of all existing trees protected by County regula- tions shall be shown. 12) Plans for recreation facilities, if any, including build= ings for such use. 13) Such additional data, maps, plans, surveys or statements as may be required for the particular use or activity in- volved. l&) Such additional data as the applicant may believe ia pertinent to the Development Plan. Items 3), &)~ 8) and 9) above shall be prepared by · registered aurveyor~ engineer~ architect or practicing urban planner as may be appropriate to the particular item. Ce Zonin~ Director Action: In reaching a decision aa to whether the Development Plan, as submitted, aha1! be approved or approved with changes, or in reaching a decision not to ap- prove the plan~ the Zonin$ Director shall follow the procedure set out in Section 10.5 a. and b. above and shall be guided in his decision and the exercise of discretion to approve, ap- prove with conditions, or to deny by the following standards: 1) Sufficiency of Statements on ownership and control of the development and sufficiency of conditions of ownership or control, use and permanent maintenance of common open space, common facilities, or common lands to insure preservation of such lands and facilities viii not become a future liability for the County. 2) Density and/or Purpose of the proposed development with parLicular attention to its relationship to adjacent and nearby properties and the effect thereon and relationship to the County's Comprehensive Plan. 3) Ink-ess and E~ress to the development and the proposed structures thereon, with particular reference to automo- tive and pedestrian safety, separation of automotive traffic and pedestrian and other traffic, traffic flow and control~ provision of services and servicing of utilities and refuse collection, and access in case of fire, catastrophe or emergency. &) Location and Relationship of Off-Street Parkin~ and Off-Street Loadtnl Facilities to thoroughfares and inter- nal traffic patterns within the proposed development, with particular reference to automotive and pedestrian safety, traffic flow and control, access in case of fire or catastrophe, and acreenin~ and landscaping. 5) Sufficiency of Proposed Screens and Buffers to preserve internal and external harmony and compa[ibility with uae inside and outside the proposed development. 6) Nanner of Dratnaze on the property, with particular ref- erence to the effect of provisions for drainage on adja- cent end nearby properties and the consequences o£ such draina[e on overall County capacities. ,,, .o, 014 7) Ut{lit~es~ with reference to hook-in tocations and avai~- ability and capacity for the uses projected. g) Recreation Facilities and Open Spacesm with attention to the size! location, and development of the areas as to adequacy! effect on privacy of adjacent and nearby prop- erties and uses within the proposed development, and relationship to community=wide open spaces and recreation facilities. 9) Oeneral Development Arranlementt Amenities and Convenienc~t with particular reference to insuring that appearance and general layout of the proposed development will be compatible and harmonious with properties in the general area and viii not be so at variance with other development in the area as to cause a substantial depre- ciation of property values. 10) Such Other Standards as may be imposed by this Zoning Or- dinance for the particular use or activity involved. d. Effect of Development Plan Approval: Upon approval of Development Plan, no building permit or certificate of occu- pancy shall be issued except in strict conformity with the approved Development Plan. Violation of the terms of the approved Development Plan is a violation of this Zoning Ordin- ance. e. Chanlea and Amendments: Any change in an approved Development Plan requires a review as for a new request (see Paragraphs 5.a through 5.d above). 10.6 Temporary Use Permits: a. General: Certain uses are temporary in character. They vary in type and degree, as well as in length of time involved. Such uses may have little impact on surrounding and nearby properties or they may present serious questions involving potential incompatibility of the temporary uses with existing and projected permitted or permissible uses. It is the intent of chis Zoning Ordinance Co classify temporary uses and to provide for permitting, administration, and control of such usss according to the several classifications herein set out. Unless other~ise specified in this Zoning Ordinance, this Section governs temporary uses. Tee~orar~ Construction and Development Permits: l) Zn the case of real est·ts development projects in any zoning district, tho developer may request a Temporary Usa Per. it for a period not to exceed twelve (12) months to allow promotional, storage and fabrication activities which are needed during construction and sale of the project. The following uses may be permitted under the terms of such a temporary permit. (a) Temporary on-premioe real estate sales offices. (b) gquipment and construction materials, storage, pro- ceasing and fabrication facilities. (c) Temporary office space for persons engaged in the development. (d) Temporary signs in conformity with all current sign regulations. (e)Nobile radio and television equipment and antennae. (f) Temporary mobile home as office or storage but not for residency other than for a watchman or care- taker. (g) Temporary structures and equipment for road build- lng, public utility construction, ~nd public govern= meat projects. (h)Hodel home· or apartments. (i) Other use· as determined appropriaLe by the Zoning Director. 2) Applicants for the temporary use permit shall submit plans to the Zoning Director indicating the area in which the temporary uae permit is to apply, the nature of the uae and activities requested ·nd time period requested. 3) The Zoning Director may grant or deny · temporary con- struction and development use per. it, and in addition, may also atipulstel (a) Traffic Safety Measures 11 ce (b) Additional Parking Requirements (c) Limited Activity llours (d) Additional landscaping for temporary permit area. (o) Additional on=premise safeguards, which may include, but not be limited to: (]) Watchman (2) Fencing (3) Lighting Sanitary Heasures (~) A faithful performance bond to guarantee compliance with the conditions of the permit. &) Upon the termination of the first one year permit period, application must be filed for an extension of the permit stating the reason for extension and the time required. The Zoning Director may extend the permit, on a year to year basis or leas, for the development life of the pro- Jec~. Such extension may be made subject to the stipula- tions of the previous permit or may be amended aa deter- mined to be necessary by the Zoning Director. If the temporary use is not discontinued upon expiration of the permit, it shall be deemed a violation of the Zoning Ordinance and shall be subject to the penalties therein. Temporary Sales~ Sports Events! Reli~ious Events~ and Comau~ pity Events: 1) In the case of temporary sales, such as Christmas tree sales, grand openings, going out of business sales (ex- clusive of garage salem, lawn sales and similar private home sales), special promotional sales, sports events, religious events and con~unity events, the Zoning Dtrec= tot may grant a non=renewable two-week permit for such events ·nd may include the placement of temporary signs, merchandise, temporary structures and equipment, and tempornry mobile home as an office, but not for residen- cy. X£ tho temporary use is not discontinued upon expir- ation of the permit, it shall be deemed · violation of tho Zoning Ordinance and shall b· subject to th· pen·Z- rio· thorein. 2) In makin~ such approval, the Zonin~ Director may stipu- late the follovin$ requirements aa he deems appropriate to the case: (a) Traffic Safety Measures (b) Additional Parking Requirements (c) Limited Activity ]laura . (d) Watch~an, Fencing, Llshting (e) Sanitary Facilities (f) A faithful performance bond to guarantee compliance with the conditions of the permit. d. Garaze Sales: In the case of garage sales, lawn sales and similar private home sales, the Zoning Director may issue a two (2) day permit for such events durins each Iix (6) month period. Such permit may include the uae of temporary signs located on the property where the sale is being held. No siena shall be placed in shy public rights-of-way. If the temporary use ia not discontinued upon expiration of the permit, it shall be a violation of the Zoning Ordinance and Ihall be subject to the penalties herein. 10.7 Improvement of Property Prohibited Prior to Isauanc~ of BuildinZ Permit: No site work, grading, improvement of property or con- struction of any type may be commenced prior Lo the issuance of a building permit where the development proposed requires a building permit under this Zoning Ordinance or other applicable County regulations. 10.8 ~iSht of Entry: The Zoning Director shall enforce the provisions of this Ordinance and he, or his duly authorized representative, may enter any building, structure, or premises to perform any duty imposed upon him by this Ordinance. Any act of obstructing the Director in the performance of his duties shall constitute a vio- lation of this Ordinance. SECTION 11. BOARD OF ZONING APPEALS: PO~/ERS~ D~IES A~qD PROCEDURES= 11.1 Powers and Duties: The Board of Zoning Appeals shall have the fol- lowing powers and dutiel subject to the regulations prescribed= Administrative Review: To hear and decide eppeall where It Il alleged there is error in shy order, decisioa, or determial- tton of the Zoning D£rectnr in the a(ImLntstrstion and enforce- ment of this Zoninx Ordinance. Variances~ Poversl Conditions Governins Petitions; Proce- duresi Limitstions~ To authorize upon appeal from the deci- sion of the Zoninj Director in specific cases such variance from the terms of this Zoning Ordinance ss vi11 not be con- trary to the public interest vhere) owtns to special condi- tions peculiar to the property, & literal enforcement of thin Zonin8 Ordinance would result in unnecessary and undue bard- ship. A variance from the terms of this Zoning Ordinance shall not be granted unless and until: l) Written Petition: A written petition for a variance Il submitted by the applicant to the Community Development Administrator. 2) Notice of Public Hearing: Notice of public hearing is given st least fifteen (15) days in advance of the public hesrin8. The owner of thc property for which variance is sought, or his agent or attorney designated by him on his petition~ aha11 be notified by mail. Notice of the public hearin8 shall be prominently posted on the proper- ty for which the variance is sought. Notice of the public hearing shall be advertised in a newspaper of general circulation in the County at least one time fifteen (15) days prior to the hearing. 3) Public Hearing: The public hearing shall be held by the Board of Zoning Appeals. Any party may appear in peraon~ by agent or attorney! or may submit written comments to the Community Development Administrator. &) Considerations: The Board of Zoning Appeals shall consi- der and be guided by the followin~ standards in making · determination on any petition. (a) Are there special conditions and circumstances existin8 which are peculiar to the location! size and characteristics of the lsnd~ structure~ or building involved and which are not applicable to the same delree or extent to the lands! structures~ ot buildinls in the same'~oninI district? (b) Are thare apecia! conditions Dad circumstances which do not result from the action et the applicant? (c) ~ill a literal interpretation o~ the provisions et this Zoning Ordinance deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this Zoning Ordinance and work unncceasary and undue hardship on the applicant? (d) Will the variance, ii granted~ be the minimum vari- ance that will make possible the reasonable uae of the land, building or structure? (e) Will granting the variance requested confer on the petitioner any special privilege that ia denied by these zoning regulations to other lands, buildings~ or structures in the same zoning district? (f) Will granting the variance be in harmony with the general intent and purpose of this Zoning Ordinance~ and not be injurious to the neighborhood~ or other- wise detrimental to the public welfare? Conditions and Safeguards: In granting any variance, the Board of Zoning Appeals may prescribe appropriate condi- tions sad safeguards in conformity with this Zoning Ordin&nce~ including, but not limited to~ reasonable time limits within which the action for which variance ia required shall be begun or completed, or both. Violation of such conditions and aafesuards, when made a part of the terms under which the variance is 8ranted, shall be deemed a violation of this Zoning Ordinance. Limitations on Power to Grant Variances: Under no cir- cumstance shall the Board of Zoning Appeals grant a vari- ance to permit a use not permitted under the terms of this Zoning Ordinance in the zoning district involved, or any uae expressly or by implication prohibited by the terms of these regulations in the said zoning district. No non-conforming uae of neighboring lands, struc- tures or buildings in the same district, and no permitted use of lands, structures or buildings in any other dis- trict shall be considered 8rou,ds for the granting of a variance. Bpeela! Authority of Board of Zontn~ Appeals in Relation to Certain Non-Conformins Uses: Any non.¢~'.forming uae of a structure or of a structure and premises in combination may be changed to another non-conforming uae of the same character, or to a more restricted but non-conforming use, provided that the Board of Zoning Appeals shall find, after public notice and hearing, that the proposed use is equally or more appro- priate to the district than the existing non-conforming uae and that the relation of the atrlJcture to surrounding proper- ties is such that adverse effects on occupants and neighboring properties will not be greater than if the existing non-con- forming uae Is continued. In permittin8 such change, the Board of Zoning Appeals may require appropriate conditions and safeguards in accord with the intent and purpose of these zoning regulations. Petition under this Subsection shall be to the Community Development Administrator for transmittal to the Board of Zoning Appeals. Board of Zoning Appeals Has Powers of Director on Appeals; Reverain[ Decision of the Zonina Director: Xn exercising any of the above mentiot, ed powers, the Board of Zoning Appeals may, so long as such action ia in conformity with the terms of this Zoning Ordinance, reverse or affirm, in whole or in part, or may modify the order requirement, decision, or determina- tion appealed from and may make such order, requirement, decision, or determination aa ought to be made, and to that end shall have the powers of the Zoning Director from whom the appeal ia taken. In matters of review, the concurring votes of · majority of all members of the Board of Zoning Appeals shall be neces- sary to reverse any order, requirement, decision or deterluine- tion of the Zoning Director, or to decide in favor of the petitioner on any matter upon which it is required to page midst this Zoflin8 Ordinance. 196 · . Prov(sionsl Uses) To hea~ and decide provisions! uses as · uthorized under the terms of this Ordinsnce~ to decide such questions as are involved in the determination of when provt- sion·l uses should bo granted; and to grant provisional uses with appropriate conditions and safeguards or to deny provi- sion·l uses when not in harmony with the purpose and intent of this Ordinance. In granting any provisional use the Board shall find that such grant will not adversely affect the public interest. In granting any ~.'ovisional use the Board may prescribe mppropriate conditions and safeguards in conformity with this Ordinance. Violation of such conditions and safeguards when made s part of the terms under which the provisional use is granted shall be deemed a violation of the Ordinance. The Board may prcscribe a reasonable time limit within which the action for which thc provisional use is required shall be begun or completcd or both. The Planning Commission shall hear all requests for provisional uses prior to hearing by the Board of Zoning Appeals. The report and recommendations of the Planning Com- mission shall be advisory only to the Board of Zoning Appeals. 11.2 Hearinsal Appeals| Notice: Appeals to the Board of Zoning Appeals~ ss established by Section 28-13 of the Collier County Code of Ordinances, concerning interpretation or administration of this Zoning Ordinance or for variance under this Zoning Ordinance may be taken by ·ny person aggrieved or by any officer, agency, or bureau of Collier County ·fretted by any decision, determination or re- quirement of the Zoning Director. Such appeals shall be taken within · reasonable time, not to exceed thirty (30) days or such lesser period ss may be provided by the rules of the Board, by filial with the Comunity Development Administrator. The Community Development Administrator shall forthwith transmit to the Board of Zoning Appeals · copy of ·aid notice of appeal ·nd ·11 p·pers constituting the record upon which the action appealed from was t&ken. The Board of Zoning Appeals ah·l! fix · re·ann·bls time for the hearing of the appeal, give publ£c notice as well as due notice to the parties in interest, and decide the same within · reasonable time. At the he~ring~ any party may appear in person or by agency or attorney or may submit written comments to the Community Devel- opment Administrator. ll.3 Stay of Proceedinss: An appeal stays all p~oceedingo in further- ance of the action appealed from, unless the Zoning Director from whom the appeal is taken notifies the Bo·rd of Zoning Appeals after the notice of appeal is filed with the Community Development Admin- istrator that, by reasons of facts stated in the notice, s stay would, in his opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by the Board of Zoning Appeals or by a courL of record on applicattnn on notice to the Zoning Director ·nd on due cause shown. ll.& Appeals from Board of Zoning Appeals Decisions: Review of deci- sions of the Board of Zoning Appeals shall be as set out in Section 28-18 of the Collier County Code or Ordinances and applicable laws of Florida. SECTION 12. DUTIES OF ZONIN~ DIRECTORt BOARD OF ZONING APPEALSt PLAN~ING COHHISSIONt BOARD OF COUNTY COF~ISSIONERS~ AND COURTS ON }~TTERS OF APPEAL: 12.11nterl~retation and Enforcement: It is the intent of this Zonins Ordinance that questions of interpretation and enforcement shall first be presented to the Zoning Director, that such questions shall be presented to the Board of Zoning Appeals only on appeal from the decision of the Zoning Director, ·nd that recourse to the courts shall be as set out in Section ll.& of this Zoning Ordin- ance. It is further the intent of this Zoning Ordinance that the du- ties of the Board of County Commissioners in connection with tbia Zonins Ordinance shall not include hearing sad decidinl questions of enforcement and interpretation that say arise. The procedure for settling such questions shall be governed by the policy set out in this Section end the procedures set out in Section 11 o£ this Zonin~ Ordinance. 12.2 Amendmentat PlanntnB Commission: It is the lnten~ of this Zoning Ordinance that all proposed amendments ah·Il be heard in the first instance by the Planning Commission and that the Planning Comets= sion~s report and recommendations on such matters shall be advisory only to the Board of County Commissioners. 12.3 Duties of Board of County Commissioners: Under this Zoning Ordin= ante, the Board of County Commissioners shall have only the dtl:ies of appointing and confirming members of the Planning Commission and Board of Zoning Appeals required under this Ordinance; considering and adopting or rejecting proposed amendments to or the repeal of this Zoning Ordinance; and, establishing a schedule of fees and charges as set out in Section 15 of chis Zoning Ordinance. S£CTION 13. PROVISIONAL USES: 13.1 General: A provisional use is a use that would not be appropriate generally or without restriccion throughout a particular zoning district or classification~ but which~ if controlled as to number~ area, locsLion~ or relation to the neighborhood~ would promote the public health~ safety~ welfare~ morals~ order~ comfort~ conven- ience~ appearance, prosperity~ or the general welfare. Such uses may be permissible in a Zoning District or classification sa · provisional use, if specific provision for such provisions1 use is made in this Zoning Ordinance. All petitions for provisional uses shall be considered first by the Planning Commission in the manner herein set out. s. Written Petition: A written petition for provisional use shall be submitted to the Community Development Administrator indicating the basis in this Zoning Ordinance under which the provisional use is sought and stating the grounds upon which it is requested~ with particular reference to the types of findings which the Board of Zonin8 Appeals must make under Subsection d. below. The petition should include material necessary to demonstrate that the 8rant of special exception will be in harmony with the Benersl intent and purpose of this Zonins Ordinance, will not be injurious to the neishborhood or to adjoining properties, or otherwise detrimental to the public ~elfare. Such mater/s1 say include, but is not l/aired to, the followtflS, vhero applicabla~ 1) Development plans at an appropriate scale showing pro- posed placement of structures on the property; provisions for ingress and egress, off-street parking and off-street loading areas, refuse ·nd service areas; and required yards and other open spaces; 2) Plan· showing proposed location· for utzltties; 3) Plans for screening and buffering with re£efellce a· to type, dimensions, and character; &) Proposed landscaping and provisions for trees protected by County regulations; and 5) Proposed sign· and lighting, including type, dimensions, and character. 6) l~here this Zoning Ordinance places additional require- ments on specific provisional use, the petitioner should demonstrate that such requirements are met. ~here the rezoning of land, as well as grant of provisional use, is requested simultaneously for the same parcel of land, both said petitions may be processed concurrently in accordance with the procedures set forth in Sections 13 and 16 of this Ordinance. Public Uearing: A public hearing ·hall be held by the Plan- ning Commission. Any party may appear personally or by agent or attorney. Notice of Public Hearing: Notice of public hearing shall be given at least fifteen (15) days in advance of the public hearing. The o~ner of the property for which provisional use is sought or his agent or attorney designated by him on his petition shall be notified by mail. Notice of the public hearing shall be prominently posted as required in Section 14.3, Notice of the public hearing shall be advertised in · newspaper of leneral circulation in the County ·t least one time at least fifteen (15) days prior to the public hearing. Notice shall be given by mail to all owners of property within three hundred (300) feet of the boundary lines of the property for which · provisional uae l· requested; provided, however, that where the land for which · provisional use i· sought is part oft et adjacent to, land owned hy the same person, the three hundred (300) foot distance shall be measured from the boundaries of the entire ownership, except that notice need not be mailed to any property owner located more than one-half mile (2,640 feet) from the land for which the provisional use ia sought. For purposes of this provision, owners of adjacent or nearby properties within the distances set forth herein shall be deemed those whose names appear on :he latest avail- able tax rolls of Collier County. d. Findings: Before any provisional use shall be recommended for approval to the Board of Zoning Appeals, the Planning Commie- eton shall make s findin~ that the granting of the special exception will not adversely affect the public interest and that the specific requirements governing the individua! pro- visional use, if any, have been met by the petitioner and that, further, satisfactory provision and arrangement has been made concerntn8 the followin8 matters, where applicable: l) General compliance with the Comprehensive Plan; 2) Ingress and esress to property and proposed structures thereon with particular reference to automotive and pe- destrian safety and convenience, traffic flow and con- trol, and access in case of fire or catastrophe; 3) The effect the provisional use would have on neighboring properties in relation to noise, glare, economic or order effects. &) General compatibility with adjacent properties and other property in the d~strict; Conditions and SafeEuards: In recommending approval, of any provisions1 use, the Planning Commission may also recommend appropriate conditions and safeguards in conformity with this lenin8 Ordinance. Violation of such conditions and safe- luards, which are made a part of the terms under which the provisional use is granted, shall be deemed a violation of this Zestss Ordinance. Any provisional use shall expire one (1) year from the date of Irant, unless appealed and extended by action of the Board of Zoning Appeals, if by that date the use for which the provisional use wan granted has not been commenced; and a provisional use shall expire one (1) year following the dis- continuance of the use for which the provisional use was granted if the use has not then been commenced. f. Oenial~ If the Planning Commission shall recommend denial of a provisional use, it shall state fully in its record its reason for doing so. Such reasons shall take into account the factors stated in Subsection d. above, or such of them as may be applicable to the action of denial and the particular regu- lations relatin8 to the specific provisional use requested, if any. 13.2 Status of PlanninS Commission Report and Recommendations: The report and recommendations of the Planning Commission required above shall be advisory only and shall not be binding upon the Board of Zoning Appeals. 13.3 Board of ZoninS Appeals: Action on Planning Commission Report: Upon receipt of the Planning Commission's report and recommends= tions, the Board of Zoning Appeals shall approve, by resolution, or deny a petition for a provisional use. 13.& Provisional Uses for School~ Religious or Eleemosynary Purposes: A uae which has been approved as part of a subdivision master plan or a planned unit development for schools, religious or eleemosy- nary uses shall be exempt from the provisions of this Section. Such uses may be approved by the Zoning Director after a finding that the uae complies with Section 10.5 and all other zoning re- quirements of law. 13.5 Changes and Amendments: The Zoning Director may approve minor changes in the location, siting, or height of buildings, atruc- turea~ and improvements authorized by the provisions1 use. All major changes or amendments except increase in land are· shall require Development Plan approval. (See Section 10.5) Any change or amendment which would increase the land area covered by a provisional uae shall require s full review as for · new request. 8KCTION l&. AN£NDNENTS: This Zoning Ordinance and the Of Eicial Zoning Atlas and the Official Schedule of District Regulations which are part of this Zoning Ordinance may) from time to time, be amended, supplemented, changed or repealed, Procedures shall be ss follows: l&.l Inttiltion of Proposals for Amendment: proposed by: a. Board of County Commissioners b. C, d. e, A zoning amendment may be Planning Commission Board of Zoning Appeals Any other ~epartment or agency of the County Any person other than those listed in (a-d) above; provided, however~ that no person shall propose an amendment fo~ the zoning of property (except as agent or attorney for an owner) which he does not own. The name of the owner shall appear in each application. All proposals for zoning amendments shall be considered first by the Planning Commission in the manner herein set out, All proposals for zoning amendments shall be submitted in writing to the office of the Community Development Administra- tor, accompanied by all pertinent information required by this Zoning Ordinance and which may be required by the Planning Commission for proper consideration of the matter, along with payment of such fees and charges as have been established by the Board of County Commissioners. No application for zoning amendment shall be heard by the Planning Commission until such fees and charges have been paid. Ail proposals for a change from any zoning classification to a commercial or industrial zoning classification shall require a development plan pre- pared in accordance with Section 10.5 of this ordinance and shall be submitted as part of the zoning amendment. All other proposals for a change to any other zoning classification may submit a development plan for approval in accordance with Section 10.5 and may be "mitred as part of that Zoning Amendment. This development plan, if submitted, will be bind- lng unless amended in accordance with Section 10.5. 14.2 Notice Gener.,~ly~ No request for amendment may be considered by the Plsnnin8 Commission until such Lime as notice of a public bestial on the proposed amendment has been given to the citizens of Collier County by publication of a notice of the hearing in a newspaper of general circulation in the County, at least fifteen (15) days in advance of the public hearing. l&.3 Notice t~here Proposed Amendmen~,,Would Change Zoning Classification of Land: In addition, in the case of an application for the rezon- ing of land, a sign shall be posted at least fifteen (15) days prior to the date of the public heating by the Planning Commission. The sign to be posted shall measure at least one and oneohalf (lb) square feet in area and shall contain substantially the following language: PUBLIC R~^RING TO REZONE THIS PROPERTY: FROH TO TO PEP~IT: DATE: TI~E: TO BE HELD IN CO~HISSIONERS ~EETING ROOH, COLLIER COUNTY GOVERN~fENT CENTER. The sign shall be erected by the Zoning Director in full view of the public on each street side of the said land to be rezoned. 1~here the property for which rezontng is sought is landlocked or for some other reason the signs cannot be posted directly on the land to be rezoned, then the sign or signs shall be erected alon8 the nearest street right-of-way, with an attached notation indica- tin~ generally the distance and direction to the property for which rezonin8 is sou&hi. ~here large parcels of property are involved vith street frontages extending over considerable distance, the Zoninl Director shall erect ss eany signs on a street frontage ss say be deemed adequate to infor~ the public. The posting of siena aa provided in this Subsection shall only be required ~here the xoninl amendment proposal is specifically directed to changinl the zoninl classification of a particular parcel of land. Notice of the ties and place of the public hearinl by tho Plsnnin~ Commission shall be sent a least ~lfteen (15) days in · dy·ncc of the hearin~ by mail to the owner of the subject property or his designated agent or ·tierney, if any. Notice of the time and place of the public he·tin& by the Planning Commission shall be sent at least fifteen (15) d·ys in · dy·ncc of the hearing by mail to all owners of property within Chree hundred (300) feet of the property 14nan of the land for which rezoning is ·ought; provided, however, that where the land for which rezonin8 is sought ts pert of, or ·dj·cent to, land owned by the ··me person, the three hundred (300) foot distance shell be measured fro· the boundaries of the entire ownership, except th·t notice need not be mailed to any property owner located more than one-half mile (2,660 feet) from the land for which rezonin$ sought. For the purposes of this requirement, the names and dresses of property owners shall be deemed those appearing on the 1·test tax rolls of Collier County. Iu cases in which the proposed rezonin8 involves five percent (5~) or mor~ of the total land area et Collier County, the Planning Commission shall provide for public notice and hearings as follows: · . The Planning Commission aha11 hold two (2) advertised public hearings on the proposed Ordinance. Both he·rings shall be held after 5 p.m. on · weekday, and the first shall be held approximately seven (7) days after the day that the first advertisement is published. The second hearing shall be held approximately two (2) ~eeks after the first he·tin8 and shall be advertised approximately five (5) days prior to the public hearing. The day, time and place at which second public he·r- in8 will be held shall be announced at the first public hear- ins. b. The required ·dvertisements shell be no less than one-quarter paze in a standard size or a tabloid size newspaper~ and the headline in the '4vertisement shall be in a type no smaller then 18 point. The advertisement shall not be placed in that portion of the newspaper where legal notices and classified advertisements appear. The advertisement abel1 be published in a newspaper of general p·id circul·tion in the County end ef general interest and readership in the community pursuant to Chapter 50, F.S., not one of limited subject matter. It is the legislative inten~ that, whenever possible, the advertise- ment shall appear in a newspaper that is published st least five (5) days per week unless the only newspaper in the commu- nity is published less than five (5) days per week. The advertisement shall be in the followit~g forms NOTICE OF ZONING CI{ANGE The (name of local government unit} proposes to rezone the land within the area shown in the map in this advertisement. A public hearing on the rezoning will be held on (date and time} at ,(meeting place). The advertisement shall also contain a geographic location map which clearly indicates the area covered by the proposed ordinance or resolution. The map shall include major street names as a means of iden- tification of the area. l&.4 Nature of Requirements of PlanninB Commission Report: l~hen per- raining to the rezoning of land, the report and recommendations of the Planning Commission to the Board of County Commissioners re- quired in Subsection I0 below shall show that the Planning Commis- sion has studied and considered the proposed change in relation to the following, where applicable: s. Whether the proposed change would be contrary to the land uae plan and would have an adverse effect on the Comprehensive Plan; b. The existing land use pattern; c. The possible creation of an isolated district unrelated to ad- Jacent sad nearby districts; d. The population density pattern and possible increase or over- taxing of the load on public facilities such ss schools, util- ities, streets, etc. e. Whether existing district boundsries are illogicslly drs~n in relation to existing conditions on the property proposed for change; 206 Whether changed or changing conditions make the passage of the proposed amendment necessary; Whether the proposed change will adversely influence ltvinl cond£tiona in the neighborhood; h. Whether the proposed change will create or excessively crease traffic congestion or otherwise affect public safety; i. Whether the proposed change will create a drainage problem; J. Whether the proposed change will seriously reduce light and air to adjacent areas; k. Whether the proposed change wil! adversely affect property values in the adjacent area; 1. Whether the proposed change will be a deterrent to the im- provement or development of adjacent property in accordance with existing regu]ationnl m. Whether the proposed change wil! constitute a grant of special privilege to an individual owner as contrasting with the public welfare; n. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; o. Whether the change suggested is o~t of scale with the needs of the neighborhood or the County; p. Whether it ia impossible to find other adequate sites in the County for the proposed use tn districts already permitting such uae. q. Review and recommendation of development plan as required in accordance with Section 10.5 and 16.1. 14.5 Rezonin~ Amendments: When pertaining to teton/ag amendments of this Zoning Ordinance, the Planning Commission shall determine that adequate community facilities and services are available. To determine this~ the Official Land Use Guide and the rating system shall be used. The Planning Commission shall forward its determination to the Board for its use ss a guide in reviewing the rezone petition. l&.6 Residential Rezone Petition: A petition requestinl rezoninl shall be ~raded by all the portions of the ratinl system. Any petition recetvin~ 22 points shall be considered as havins adequate conmu= 20, 014 nity facilities and services and shall not be considered as leap- fro8 ~rowth, I petition which would result in a lower or equal density than that presently permitted under the ~xistin8 zone of the land shall not be required to meet the Rating System for Determining Availa- hility of Adequate Existing Community Facilities and Services. l&.7 Commercial or Industrial Rezone Petitions: A petition to rezone land to commercial or industrial shall be graded to determine adequate communiLy facilities and services by the followin8 por- tions of the rating system: w}ter, sewer, streets and highways, ambulance and fire. Any petition receiving 15 points shall be considered as havtn$ adequate community facilities and services. 14.8 A Non-Commercial~ Non-lndustrialt Non-Residential Rezone Petition: A petition to rezone land to a use which ia non-commercial~ non-in- dustrial, and non-residential, such as a civic or fraternal club, may be granted a waiver for certain portions of the rating system by the Community Development Administrator. In granting such a waivet~ the Community Development Administrator must enumerate the reasons why certain portions of the rating system are not applic- able, The enumeration should clearly show that the impact of the requested zone would not require the same extent or degree of facilities and services as would be normally required for any other rezone petition. 2&.q RATING SYSTEH FOR DETER}fINING AVAILABILITY OF ADEQUATE EXISTING CO~'fUNITY FACILITIES AND SERVICES Water S~ver (1) Nunicipal or County System (2) Franchised Systems and Special Districts under County control (3) Private Central System (4) Private Well (5) None available 6 Points Points Points Point Points (1) Municipal or County System or Private System with Plant and Collection System Dedicated to County 6 Points 208 (2) Franchised Systems and Special Districts under County Control (3) Private Systems with Collection Systems only Dedicsted to ~he County (&) Private System (5) Acceptable Soptic Systems (6) None available Streets end Hishwsys Proximity to Existinl Arterial (1) Direct Access (2) Within 1 Nile of Arterial via an Approved Collector Points Points Points Point Points 5 Points 6 Points 3 Points Ambulance (3) Within 1 Nile of Arterial (6) Over I Nile from Arterial (1) Within a Service Area and Within I Road Nile of a Station (2) Within Service Area and Within 3 Road Niles of a Station (3) Within Service Area and Within 5 Road Niles of s Station (6) Over 5 Hiles (1) Within Fire or Fire Contract District and Within 2 Road Niles of the District Firehouse (2) Within Fire or Fire Contract District and Between 2 and 3 Road Niles of the District Firehouse (3) Within Fire or Fire Contract District and between 3 and 5 Road Niles of the District Firehouse (&) Other I Point 0 Points 5 Points 6 Points 3 Points 1 Point 5 Points 3 Points Point Points 209 (Res.) (Non- Res.) Neilhborhood Park* (1) Within I Nile with Bicycle Path or Sidewalks (2) Within I Nile without Bicycle Path or Sidewalks (3) From I to 2 Niles with Bicycle Path or Sidewalk (&) Other *Neilhborhood Parks: Size: 2 to 10 Acres 3 Points 2 Points I Point 0 Points Standard: 2.5 Acres per 1,000 persons. Normal Location: Adjacent to a school or within proposed development. User Node of Transportation: "Bike-to", "Walk-to". Hain Activity: courts~ para picnic areas, ties, Elementary School Playground, tennis courts, basketball courses, shuffleboard courts, tot lots, and other passive recreeational activi- 5 Points 4 Points 3 Points 2 Points I Point 1 Point 0 Points Within 1 Nile of Existing School with Bicycle Path or Sidewalk (2) Within 1Hile of Existing School without Bicycle Path or Sidewalk (3) From I to 2 Niles of Existing School with Bicycle Path or Sidewalk (4) From 1 to 2 Niles of Existini School without Bicycle Path or Sidewalk (5) Within 1 Nile of Existing School Site with Bicycle Path or Sidewalk (6) From I to 2 Niles of Existing School Site with Bicycle Path or Sidewalk (7) Other Nosquito Control (1) Within Exist/nS Hosquito District Point Tho petitioner may provide all required existing community ~aclli- ties and services for the requested rezone needs in any one of the following manners: 1) Petition for a rezone at such time aa all required ade- quate existing community facilities and services have been provided at public expense according to the Capital Improvement Program, 2) Petition for a rezone at such time as all required exist- inR community facilities and services have been provided st the private expense of the petitioner, or, s 3) Post a surety in lieu of completed improvements to guar- antee that all of the required (existing) community fa- cilities and services will be provided. 6) Petitioner may provide facilities for parks and schools through land dedication or fee In lieu of such dedica= rios. 5) Other acceptable to Board of County Commissioners. 14.10 Status of PlanninB Commission Report and Recommendations: The re- port and recommendations of tile Planning Commission required by Subsections 4 and 5 above shall be advisory only and not be binding upon the Board of County Commissioners. lA.Il Board of Connty Commissioners: Action on Plannin~ Commission Report: Upon receipt of the Plannin$ Commission's report and recom- mendations~ the Board of County Commissioners shall hold a second public hearing with notice to be given pursuant to the provisions of general law. In the case of all proposed changes or amendments, such changes or amendments shall, not be adopted except by the affirmative vote of four (&) members of the Board of County Commissioners. l&.12 Failure of Board of County Commissioners to Act: If a Planning Commission recommendation is not legislatively decided within ninety (90) days of the date of closin8 of the public hearing by the Board of County Commissioners, the application upon which the report and recommendation is based shall be deemed to have been denied, provi- ding the Board of County Commissioners may refer the application to the Planning Commission for further study. 211 l&,13 Lilsltations on the Rezonin8 of Property: a. Except where the proposal for Lhe rezoning of property involves an extension of an existing district boundary, no change in the zoning classification of land shall be considered which in- volves less than forty thousand (60,000) square feet of area and two hundred (200) feet of street frontage. b. Whenever the Board of County Commissioners has denied an appli- cation for the rezoning of property, the Planning Commission shall not thereafter: 1) Consider any fur:her application for the same rezoning of any part or all of the same property for a period of twelve (12) months from the date of such action; 2) Consider an application for any other kind of rezonin8 or any part or all of the same property for a period of six (6) months from the date of such action. l&.l& Waiver of Time Limits: The time limits of Subsection 14.13 b. above may be waived by three (3) affirmative votes of the Board of County Commissioners when such action is deemed necessary to prevent injustice or to facilitate the proper development of Collier County. 14.15 Development Plan Time Limits: In the case of proposals which require Development Plan submission in Section 14.1 and said rezone and Development Plan are approved, the Development Plan shall remain in force for two (2) years. If no development (actual construction) has commenced, the Development Plan shall expire. In the event said Development Plan expires, the Board may: a. Extend the Development Plan for six (6) months provided the applicant can show just cause why said development cannot proceed; b. Initiate a rezone :o the previous zoning classification or more appropriate zoning classification if conditions have changed; c. Or, take no action on rezoning of the land. SECTION 15. SCHEDULE OF FEES AND CIULRGES: The Board of County Commissioners shall establish a schedule of fees and charges for matters pertaining to this Zoning Ordinance and allied mat- ters. It is the intent of these regulations that the County shall not be required to bear any part of the cost of applications or petitions made under this Zoning Ordinance and that the fees and charges represent the actual cost of required leRsl advertising, postage, clerical, filing, and other costs involved in the processing of applications and petitions. The schedule of fees and charges ahal! be posted in the office of the Community Development Administrator. The charges listed may be changed by resolution of the Board of County Commissioners and are not subject to the procedure for amendment of this Zoning Ordinance set out in Section 14. Applications or petitions initiated officially hy Collier County by its duly authorized agencies or officers are exempt from the payment of the fees or charges herein set out. Until the applicable fees or charges have been paid in full, no action of any type or kind shall be taken on an application or petition. See Appendix A for Schedule of Fees. SECTION 16. PROVISIONS OF ZONING REGULATIONS DECLARED TO BE MININIIN OR HAXINU~! REQUIRE~IENTS: In their interpretation and application, the provisions of these zoning regulations shall be held to be minimum or maximum requirements, as the case may be, adopted for the promotion of the public health, safety, morals, or general wel£are. ~lerever the requirements of these zoning regulations are at variance with the requirements of any other govern- mentally adopted statute, rule, regulation, ordinance, or code, the most restrictive or that imposing the higher standards, shall govern. SECTION 17. CONPLAINTS REGARDING VIOLATIONS: l~henever a violation of this Zoning Ordinance occurs, or is alleged to have occured, any person may file a complaint. Such complaint stating fully the causes and basis thereof shall be filed in ~r~ttng with the Zoning Director. He aha11 record properly such complaint, immediately investigate, and take action thereon as provided by this Ordinance. He Ihs11 maintain as a public record in his office the disposition made of the complaint. SECTION lg. PENALTIES FOR VIOLATION: RESORT TO OTHER RENEDIES: Violation of the provisions of this Zoning Ordinance or failure to comply with any of the requirementst including violations of conditions and safeguards established in connection with grants of variances or special exceptions, shall constitute a misdemeanor. Any person who violates this Zoning Ordinance or fails Lo comply with ~ny of the requ£rements shall upon conviction thereof be fined, or imprisoned, or both as provided by law and in addition shall pay all costa and expenses involved in the ease. Each day such violation continues shall be considered a separate offense. The owner or tenant of any building, structure, premises or psrt thereof, and say architect, building contractor, agent, or oLher person who commits, participates in, assists in, or maintains such violation may each be found guilty of a aeparste offense and suffer the penalties herein provided. Nothing herein contsined shall prevent the County from taking such other lawful sction, including, but not limited to, resort to equitable action, aa is necesssry to prevent or remedy any violation. SECTION 19. PROSECUTION UNDER PREVIOUS ZONING REGULATIONS: Any prosecution arising from a violation of any prior zoning code, ordin- ance, or regulation of Collier County superseded by thin Zoning Ordin- ance, which prosecution was pending at the effective date of this Zoning Ordinance, or any prosecution which may be begun within one (1) year after the effective date of this Zoning Ordinance, in consequence of any violation of any prior zoning code, ordinance, or regulation superseded hereby, which violation was committed prior to the effective date of this Zoning Ordinance, shall be tried and determined exactly aa if such prior ~onin8 code, ordinance, or regulation had not been superseded. SECTION 20. DEFINITIONS: A. The word person includes a firm, association, organization, partner= ship, trust, company, or corporation as well as an individual. B. The present tense includes the future tense; the singular number includes the plural; and the plural number includes the singular. C. The word shall ia mandatory; the word may is permissive. D. The words used or ogcupied include the words intended, designed, or arranEcd to be used or occupied. ~. The word lot includes the words plot, parcel, or tract. The word structure includes the word bulldinB as well aa other things constructed or erected on the ground, attached to something having location on the ground, or requiring construction or erection on the ground. G. The word land includes the words water, ~.rsh, or swsm~. H. Terms not defined shall have the meaning customarily assigned to them. Abandoned 81~n: A sign for which a business advertised on that sign is no longer licensed, or no longer has a certi£icate oE occupancy, or ia no lonlet doing business st that location. Abutting Properties: Properties having a boundary line or a purLlon of a boundary line in common with no intervening public street. Acceptable Environmental Alteration: An alteration in the natural en- vironment by the process of development that reasonably safeguards the environmental quality of the area as determined by the Board of County Commissioners after p~hlic notice and hearing and consideration of the impact of a proposed environmental alteration upon environmental quality. Accessory Use or Structure: A use or structure of a nature customarily incidental and subordinate tn the ri~incipal use or structure and~ unless otherwise provided, on the same premises. On the same premises with re- spect to accessory t~ses and structures shall be construed as meaning on the same lot or on a contiguous lot in the same ovnership. Where a building is attached to the principal building, it shall be considered a part thereof, and not an accessory building. A facility for the service of malt, vinous, or other alcoholic beverages shall be deemed an access- ory use for a motel, hotel, boatel~ private club, country club, yacht club~ or golf club provided all other a~plicable requirements of State law and County regulations are met. Acre: An area containing 63,560 square feet of area. Cross acreage is the total area of a lot or parcel of land measured vithin the perimeter boundaries of the lot or parcel. ~et acreage is the total area of s lot or parcel measured within the perimeter boundaries of the lot or parcel but ~tth the area of public rights-of-~ay excluded. Administrator: The Administrator of the Division of Community Develop- ment of Collier County, Florida. ~dvertising Saint A sign directing attention to a business, commodity, service, or entertainment conducted, sold or o~fered, either on premises or o~ premisel. Advertisin& Structure: Any structure erected for sdverttslnj purpoael with or without any sdvertisemenL display thereon, situated upon or attached to real property, upon which any poster, bill, printing, paint- inA, device or other advertisement may be placed, posted, painted, tack- ed, nailed, or otherwise fastened, affixed, or displayed; provided, however, that amid term shall not include buildings. 'Agriculture= The cultivation of the soil, the production of crops, and tho raisins o£ livestock for the purpose of sale. The definition in- cludes the accessory uses nf ~ackin8, treating, or storing the agricul- tural products raised on the premises, but shall not include facilities ~or processing agricultural commodities brought from off the premises unless such off-premises production is under the same ownership and control. Alley: A public or approved private way wh£ch affords only a secondary means of access to abutting property and which is not intended for gener- al traffic circulation. Alteration: Any change in size, shape, occupancy, character, or use of a building or structure. Animated Sign: A sirs with action or movement, whether by flashing lights, color changes! wind, rotation, movement of any parts of the sign or letter or parts of thc sign structure or any other motion. ~uaculture: The cultivation of the natura! product of water. Area of £nvironmen:al Sensitivity: An area of land and/or water where change in the area resulting from development may degrade the cnvirorunent of the area below permissible State, Federal or County standards. An area of environmental sensitivity may be developed, but only in accord with the provisions of this ordinance and applicable State and Federal standards. Arterial: A street used for continuous traffic primarily as main traffic artery and carries more traffic for greater distance than a collector street. Automobile Service Station: An establishment whose principal business is the retail dispensing of automotive fuels and at1 and where grease, batteries, tires, and automobile accessories may be supplied and dispen- sed. Automobile Wrecklfl~ or Automobile WreckinS Yard: The dismantling, crush- iai, shredding~ or disassembling of used motor vehicles or trailers, or tho storage, sales, or dumping of dismantled, partially dismantled, obsolete, or wrecked vehicles or their repairs, Bar! Cocktail Lo~JnBet ur is[non: Any establishment or part [hereof devoted primarily to the retailing for on-premises consumption of malt, vinous~ or other alcoholic beverages. Billboards: An off-premise sign of more than one hundred (100) square feet. Any framework for signs advert/sing merchandise, services, or entertainment sold, produced) manu[actured, or furnished at a place other than the location of such structure. Block: The length of a street between the intersections of that street with two other streets. A block, according to the context, may also be a parcel or parcels of land surrounded by public streets (other than al- leys) or other physical barriers such as a water course. Board: The Board of County Commicaioners of Collier County, Florida. Boatdock: A walkway proLruding into a waterway which provides access to a moored boat. A boatdock may include a boatshelter. Boathouse~ Commercial: ^ building where, for a fee, boats are housed, launched) hauled~ repaired, serviced, maintained or stored. Boathouae~ Private' An accessory use to a residential structure adjacent to a waterway, providing space for [he housing of a boat and accessories customary thereto. A private boathouse may nnL be used for the purpose of human habitation. Boatshelter: A roofed structure ad~aeent to a waterway, open on all aides and providing covered protection to a baaL. Boat Yards and Vaya: A premises or site used as a commercial establish- ment for the provision of ail such facilities aa are customary and neces- sary to the construction or reconsLruction or r pair or maintenance or sale of boats or marine engines or marine equipment and supplies of all kinds including~ but not limited to, rental of covered or uncovered boat slips or dock space or enclosed dry storage space or marine railways or lifting or launchin8 services, and for dredge or barge dockage and stor- age. Buildable Area: The portion of a lot or parcel remaining after required yards have been provided. Buildings may be placed in any part of the buildeble area, but limitations on the percentage of the lot that may be covered by buildings may require open space within the butldable area. ~uildinl: Any structure~ either temporary or permanent~ having a roof impervious to vesther, and used or built for the shelter or enclosure of persona, shim·la, chattels, or property of any kind. Thi· definition shall include tents, awnings, cabanas, or vehicle· situated on private property and serving in any way the function of a building, but does not include screened enclosure· not having a roof impervious to weather. Building, Front·ge: That aide of a building that faces toward the prin- Cipal road~ atreet~ highway, or ptiblic way serving the building. In cases where this test l· indeterminate or cannot be appiiod~ as for instance where there is a diagonal corner entrance or where two aides of a building have entrances of equal importance and carry approximately equal volume· of pedestrian or automotive traffic, the Zonin8 Director ih·l! select building frontage on the basis of interior layout of the building, traffic on adjacent streets, or other indicators available. (See also Lot Front·se.) Building. }~eight of: The vertical distance measured from the first finished floor to the highest point of the roof surface of a flat or Bermuda roof, to the deck line of a mansard roof and to the mean height level between ea~es and ridge of gable, hip and gambrel roofs. Sere minimum floor elevations in flood prone areas bays been established by law~ the building height shall be meas~red from such required minimum ' floor elevations. (See Sections 8.3 and 8.6, "Exclusions from Height Limits" and "Off-Street Parking Within a Building".) Buildin8 Line: The innermost edge of any required yard or setback, as the case may be. Building Site: A building site is the lot or portion of a lot or lots u·ed for a·tructure, the total area of which is ascribed to the building or structure for compliance with Chis Zoning Ordinance. Sulk Permit: A permit i··ued for any number of political signs. Cafeteria: See Restaurant. Canopy: A permanent roof structure that does not project over public property~ which may be ireeatandin8, attached to a building, or supported In whole or in part by · building. Carport: An acces·ory structure, tonal·ting of a roof and aupporttn~ members such a· colt~mn· or beam·, unenclo·ed from the ground to the roof on st least two side·~ and deafened or used for the storage of motor- driven vehicles o~ned and used by the occupant· of the building to which it il accessory, Cemetery: An area of [and set apnrL [or the sole purpose of the burial of bodies of dead persons or animals and for the erection of customary · lrkerlt mofl~efltl, and mausoleums. Change of Occupancy: The discontinuance of an existing use and the sub- atitutton therefore of a use of a different kind or class. Change occupancy is not intended to include a change of tenants or proprietors unless accompanied by a chanRe In the type ot Child Care Center: An establishment where six (6) or more chtldren~ other than members of the family occupying the premises, are cared for away from their own home by day or night. The teem includes day nurser- tes, day care service, day care agency, nursery school, or play school. The term does not include £ostcr homcn. Child Care Center = Owner Occupied: A child care center located in the same structnre as the residence in which the owner or operator resides. Church: A building used as a place of worohip and religious ed~catton~ and for customary accessory uses, by a body or organization of religious believers. Clinicr Hedical or Dental: An establishment where human patients who are not lodged overnight are admitted for examination and treatment by one person or a group of persons practicing any form of the healing arts, whether such persons be medical doctors, chiropractors, osteopaths, chi- ropodists, naturopaths, optometrists, dentists, or any such profession, the practicu of which is regulated by the S:ate of ~lorida. A public clinic is one operated by any governmental organization for the benefit of the general public. All other clinics are private clinics. Clinics, Veterinary: Any structur~ or premises used primarily and essen- tially for the medical and surgical care of ill, injured, or disabled animals other than humans. Club, Night: A restaurant, dining room, bar, or other similar es:ablish- meat, providin8 food or refreshments, wherein paid floor shows or other forms of paid entertainment are provided for customers as a part of the commercial enterprise. ~luh~ Private: Those associations and organizations of a civic, frater- nal or social character not operated or maintained for profit~ and to which there ia no unrestricted public access or use. The term "private club' shall not include casinos, nightclubs~ bottle clubs~ or other establishments operated or maintained for profit. 219 014 Cjuster Houstnz: Two (2) or more dwelling struct.rcN, each containing one (1) or two (2) dwelling units, with no dwelling ultit located above another dwellinl unit, on a parcel of ground in single ownership at the tiaa of development, with frontage on a public Ntreet or approved private street. Peripheral yards for the total parcel or lot shall be as for single or multiple family dwellings in the district in which the clu~ter housing ts to be erected. Coils:tort R street which carries traffic from local streets to arterial streets and includes the principal entrance streets of a subdivision or s development. Combination Size: A sign which is made up of two (2) or more signs, exclusive of billboards. Combination Farm SIze: A temporary sign used for the purpose of iden- tifying the owner or operator of a farm and the product produced on the farm, which sign may also Incidentally identify the contract buyer of the product. Commercial Equipment: Any equipment commonly used ~n a commercial busi- ness, i.e., contractors equipment, earth moving machittery, utility trail- erst end devices used for thc transportation of equipment., materials or merchandise. Commercial Fishery: A premises, structure, or site used as a commercial establish~nent for the receivinR, processing, packaging, storage, and wholesale or retail distribution and sale of food products of the sea. Such · premise, structure, or site may include facilities for the dock- ing, loading and unloading, fueling, icing, and provisioning of vessels and for the drying and maintenance and storage of nets, buoys, traps, and fishing equipment, including boats used in the activity. Commercial Vehicle: Any vehicle that has rated load capacity of more thee one (1) ton and is used in conjunction with a commercial or business activity. Communications Towers: Any structure erected and so designed to receive or transmit electrnnic waves, such as telephone, television, radio or microwave transmissions. C_ompletely Enclosed Buildin~: A building separated on all sides from · dj·cent open space, or from other buildings or other structures by · permanent roof and by exterior walls or party walls, pierced only by win- d0w[ and ~ormal entrance or exit doors, Condomlntum~ That £urm or owner=hip o£ prnperty ,nder which units or improvements are subject to ownership by one or more owners, and there ia appurtenant to each unit as part thereof an undtv£ded share in common elements. Constructtonm.~ctualL The placing of construction materials in a perma- nent position and fastened in a permanent manner; except that where demolition, excavation or removal of an existing structure has been substantially begun preparatory to new construction, such excavation~ demolition, or removal shall be deemed to be actual construction, pro- vided that work shall be continuously carried on until the completion of the new construction involved. ^ctua[ construction shall include only that begun and carried on uuder a valid building permit. Const£uction ~isn: A temporary sign placed in advance of occupancy of a building or structure indicating the name of the buildin8 or structure, the architects, the contractors and other information regarding the building or structure. ConttR.ous Pr_~o~e?y: See abutting property. Convalescent l[ome: See Nursing Ilome, Rest Home, or Extended Care Fatal- ity. County: The County of Collier, Florida. Court: An open apace, oLher than a required yard, on the same lot with a building which is bounded on two (2) or more sides by the walls of such building. A court can contain ahurbs, statuary, trees, and yard furni- ture. An interior court is a court enclosed on all sides by the wails of a building or by walls and lot lines on ~hich walls are permitted. An exterior court ia a court opening on any front, side or rear yard. Day Nursery: See Child Care Center. Densitym Residential: The number of residential dwelling units permitted per ~ross acre of land and determined by dividing the number of units by the total area ol land ~ithin the boundaries of a lot or parcel not includini dedicated rights-of-way and except aa otherwise provided for in this Zonin8 Ordinance. In the determination of the number of residential dwelling units to be permitted on a specific parcel of land, a fractional unit shall not entitle the applicant to an additional unit. ~epth of a Lot: See Lot Heasurement~ Depth. Detoxificatton Center: A medical facility open twenty-four (24) hours per day meeting comparable standards to a hospital or nursing home, Such facility shall be for the temporary emergency shelter of intoxicated per- sons, or ,those persona sufferin8 from alcoholism, dru8 abuse or other similar condition for the purpose of detoxification. Development: The act, process, or result of placing buildings and/or structure~ on a lot or parcel of land. Development Plan: A graphic representation along with supportive infor- mation and data depicting the intended development. Directional Sign: A sign designed to guide or direc~ pedestrians or vehicles. Directory Sitn: An on-premises sign of permanent character, but with removable letters, words, or numerals indicating one reference name of each person associated with, or event conducted upon, or product or service offered upon the premises upon which such sign is maintained. This may be a freestanding sign, a marquee, or a wall sign. Double Faced $iin: A sign having two (2) display surfaces, not neces- sarily displaying the same copy~ which are usually parallel and back and not more than 24" apart. Double Decker Sign:. Two (2) or more billboards erected so that one is on top of the other. Drive-In Bank or Financial Institution: ^ drive-in bank or financial institution provides drive-in teller service, where the patron makes withdrawals or deposits or receives other finallcial services without de- parting from his vehicle. Drive-In Business: An establishment other than a drive-in restaurant or refreshment stand, drive-in bank or financial institution, or drive-in theatre, where a patron ia provided products or services without depart- ing from his automotive vehicle. Drive-In Restaurant or Refreshment 8rand: Any place or premises where provision ia made on the premises for the selling, dispensing, or serving of food, refreshments, or beverages in automobiles and/or in other than a completely enclosed building on the premises, lncludin8 those establish- ments where customers may se r~e themselves and may eat or drink the foodj refreshments! or beveralea in automobiles on the premises and/or'in other than a completely enclosed buildinl on the prealaes. A restaurant which provides drive-in facilities of any kind in connection with regular res- taurant activities shall be deemed a drive-in reataurnnt for the purpose of this Zoning Ordinance. A barbecue stand or pi: having the character- tstic, nnted in this definition shall be deemed a drive-in restaurant. Drive-In Theatre: A place of outdoor assembly used for :he showing o£ play,, ~p~ras, motion pictures, and similar forms of entertainment which ia designed to permit the audiences to view the performance from vehicles parked within the theatre enclosure. (See also Section 8.37) Dwellings~ General: Any building, or part thereof, occupied in whole or in part aa the residence or living quarters of one Or more persons, permanently or temporarily, continuously or transiently, with cooking and sanitary facilities. Dwelling, One-Family or Single-Family: A building containing only one dwelling unit. For regulatory purposes, the term is not to be construed aa including mobile homes, travel trailers, housing mounted on motor ve- hicles, tents, houseboats, or other forms of temporary or portable hous- ing. Dwelling, Two-Family or Duplex: One building containing only two dwell- ing units. Dwelling, Multiple-Family: A building containing three (3) or more dwelling units. Dwelling: Multiple-Dwelling Use: For purposes of determining whether a lot ia in multiple-dwelling uae, the following considerations shall apply: a. Multiple-dwelling uses may involve dwelling units intended to be rented and maintained under central ownership and management, or co- operative apartments, condominiums, and the like. b. ~ere an undivided lot contains more than one building and the buildings are not so located that lots and yards conforming to requirements for single or multiple-family dwellings in the district could be provided, the lot aha11 be considered to be in multiple- dwelling use if there are three (3) or more dwelling units on the lot, even though the individual buildings may each contain less than three (3) dwelling units. c. Guest houses and servants' quarters aha11 not be considered 'aa dwel- ling units in the computation of Subsection b. above. ti. Any multiple dwelling in which dwelling units ~re available for rental for periods of ]ess than one week shall be considered a tourist home, a motel, motor hotel, or hotel, as the case may be. e. For the purpose of this Ordinance, Time Share Estate Facilities shall be considered as intended primarily for transient occupancy and shall only be permitted ill districts where specifically desig- nated. Dwellin~ Unit: A room or rooms connected together, constituting a ~epsr- ate, independent .housekeeping establishment for a family, for owner occupancy, or for rental or lease on a weekly, monthly, or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure, and containing sleeping and sanitary facilities and one kitchen. Environmental Quality: The character or degree of excellence or degrada- tion in the total essential natural resources of the area as measured by the findings and standards of the physical, natural, and social sciences, the arts and technology, and the quantitative guidelines of Federal, State and County governments. Erected: Includes built, constructed, reconstructed, moved upon, or any physical operation on the premises required for building. Excavation, fill, drainage, demolition of an existing structure, and the like shall be considered part of erection. (See Construction, Actual). Essential Services: Services designed and operated to provide water, sewer, gas, telephone, electricity, cable television or communications to the general public by providers which have been approved and authorized according to laws having appropriate jurisdiction. Fallout Shelter: A structure or portion of a structure intended to provide protection to human life during periods of danger to human life from nuclear fallout, air raids, storms or other emergencies. Family: One or more persons occupying a single dwelling unit, provided that, unless all members are related by law, blood, adoption, or mar- riage, no such family shall contain over four (4) persons, but further provided that domestic servants employed on the premises may be housed on the premises without being counted as a separate or additional family or families. The term family shall not be construed to mean a fraternity, sorority, club, monastery or convent, or institutional group. Farm: See Agriculture. Farm Organization Sign: A sign used for the purpose of indicating mem- bership in a farm organization, such as Cattlemen's Association, Four !! Club, Farm Bureau and the like. Fillini Station: See Automobile Service Station. Flood Plain: Those areas defined by the Flood Damage Prevention Ordin- anco. Floor Area: Except as may be otherwise indicated in relation to partic- ular districts and uses, "floor area" shall be construed as the sum of the gross horizontal areas of the several floors of a building measured from the exterior faces of the exterior walls or from the centerline of common walls aoparntin8 two buildings, excluding attic areas with a headroom of leas than seven (7) feet, enclosed or unenclosed stairs or fire escapes, elevator structures, cooling towers, areas devoted to air conditioning, ventilating or beating or other building machinery and equipment, parking structures, and crawl space where the ceiling is not more than an average of forty-eight (48) inches above the general fin- ished grade level of the adjacent portion of the lot. Freestandin~ St.~n: A sign supported by one or more poles, columns, up- rights, or by other structural supports on the ground separated from a building. (Alco referred to as Ground Sign - Section 2301.2B, Southern Standard Building Code.) Frontage of a Building: See Building Frontage. Frontage of a Lot: See Lot Frontage. OaraRe, Parking: A building or portion thereof designed or used for temporary parking of motor vehicles, and within which gasoline and oils may be sold only to parking patrons of the garage. Gara~e~ Private: An accessory structure designed or used for inside parking of private passenger vehicles, recreation vehicles, or boats, solely by the occupants of the main building. A private garage attached to or a part of the main structure is to be considered part of the main building. There can be no public shop or mechanical service in connec- tion with a private garage. Garage, Repair: A building or portion thereof, other than a private, storage, or parking garage or automobile service station, ~esigned or used for repairing, equipping, or servicing of motor vehicles. Such garages m~y alan b~ used for htr£ng, renting, or selling of moLor vehic- lei. Garmge, Storage: A building or portion thereof designed and used pri- marily for the storage of motor vehicles or boats, and within which temporary parking may also be permitted. Gate or Entrance Sign: A sign attached to sn entrance gate or entrance structure which identifies a permitted use. Grade: See Building, ][eight of a. Guest House or C~ttage: An accessory dwelling unit which might or might not include cooking facilities, which ia incorporated, attached to, or detached from a principal dwelling; and which is used exclusively for the non-commercial accommodation of friends or relatives of the occupant or owner of the principal dwelling. [{et~t of a D~ild~n~: See Building, ][eight of. Home for the ~ed: A facility for the care of the aged with routine nursing and/or medical care and supervision provided. A home for the aged is in the nature of a nursing home, but with clientele restrict&d to the aged. Home Occupation: An occupation conducted entirely in a dwelling uni~ in accordance with the provisions of Section 8.47. Hospice: An institution designed to provide comfort and relief for the emotional and physical needs of the terminally ill. Hospital: A building or group of buildings having facilities for over- night care of one or more human patients, providing services to in-pat- ients and medical care to the at}k and injured, and which may include aa related facilities laboratories, out-patient services, training facili- ties, central service facilities and staff facilities; provided, however, that any related facility ahall be incidental and subordinate to princi- pal hospital uae and operation. A hospital is an institutional use under these zoning regulations. Hotel, Motel~ Boatel~ Motor Rotel~ Motor Lod8e~ Tourist Court: The terms hotel, motel, hostel, motor hotel, motor lodge, tourist court, are to be considered synonomous, and to mean a building or group of buildings in which sleeping accommodations are offered to the public and intended primarily for rental to transients with a daily charge, a~ distinguished from multiple-family dwellings (apartments) and rooming or boarding houses, where rentals are for periods of a week or longer and occupancy Js generally by residents rather than transients. For the purpose of calculating residential density, each hotel, motel, etc., unit shall be considered a dwelling unit. Ilotel or Hotel Unit: A hotel or motel unit is a unit designed for tran- sient occupancy and utilized for rental purposes only. A hote! or motel unit may have cookin~ or eating facilities. A hotel or motel unit shall contain bathing and sanitary facilities. }~untin8 Cabin: A temporary structure or shelter used primarily during the hunting seasons, and which shall not be designed or intended to be used as a permanent residence or structure. Kenn~l~n~_~ The keeping of any do~ or dogs, regardless of number, for the primary purpose of sale, breeding, hoarding, or treatment, except in a general veteri~ary or small animal hospital, or the keeping of more than [hree (3) dog~, ~x (6) mouths or older, on premises used for residential purposes, or the keeping of more than two (2) dogs on ~roperty used for industrial or commercial security purposes. [ondi.n~ S~ace~ Off-Street: A space logically and conveniently located for pickups and/or deliveries or for loadin~ and/or unloading, scaled to delivery vehicles expected to be used and accessible to such vehicles when required off-street parking spaces are filled. (See Section 8.26) Lot: A parcel of land of at least sufficient size to meet minimum re- quiremen[s of the zoning district in which it is located for use, a~d area, and to provide such yards and other open spaces as are herein required. Lot Frontage: The front of an interior lot ia construed to be the tion nearest th~ street. For the purpose of determining yard require- ments on corner lots and through lots, all sides of a lot adjacent [o streets are to be considered £rontage~ and yards shall be as set out in this Zoning Ordinance. (See also Building Frontage and Section 8.5a). ~ot Heasurement~ De,th: Depth of a lot is considered to be the distance between the midpoZnts of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear. lot Measurements.Width: Width of a lot shall be considered t~ be the average distance between straight lines connectin$ front and rear lot lines at each side of the lot, me·muted as str·iRht lines between the foremost points o£ the side lot lines in front (where they intersect with the street line) and the rearmost points of the side lot lines in the teat, provided however, that the width between the side lines at their foremost points in the front shall not be less than eighty (80%) percent of the required lot width. Lot of Record: ^ lot of record is (1) a lot which is part of a subdivi- sion recorded in the office of the Clerk of the Circuit Court of Collier County, or C2) a lot or parcel described by metes and bounds, the de- scription of which has been so recorded on or before the effective date of this zoning ordinance, or (3) for which an agreement for deed was executed prior to October 16, lg76 if within the Coastal Area Planning District and January 5, lgg2 if presently within or previously within the Immokalee Area Planning District prior to May l, 1979. Lot Type~: The following is the terminology used in this Zoning Ordin- ance with reference to corner lot~, interior lots, reversed frontage lots, and through lots: a. A corner lot is defined as lot located at the intersection of two or more streets. A lot ·butting on a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of leas than 135 degrees. b. Interior lot is defined as a lot other than a corner lot with only one frontage on a street. c. Through lot ia defined as a lot other than a corner lot with frontage on more than one street. Through lots abutting two streets may be referred to aa double front·ge lots. d. Reversed frontage lot ia defined as a lot on which the frontage is at right angles or approximately right angles (interior angle leas than 135 degrees) to the general pattern in the area. A reversed frontage lot may also be · corner lot, an interior lc~ or a through lot. H_~jor Intersection: The intersection of a Federal~ 8tare or County highway with any other arterial. Marina: ^ co~nercial establishment with a waterfront location for the provision of: rental of covered and uncovered boat slips or dock space or enclosed dry storage space, rental and/or sale of boats and boat motors, repair and maintenance of boats and boat motors, marine fuel and lubri- cants, bait and fishing equipment, on-shore restaurants, and small boat hauling or lsunching facilities. Such premises or site shall not include boat and/or motor manufacturing as an accessory use. A boat sales lot is not a m~rina. Mariculture: The development of the resources of the sea, especially with reference to food. Marquee: A roofing structure projecting over an entrance of a building. Marquee Si ng~ A sign attached to or constructed on a marquee. Mean High Water Line: The intersection of the tidal plane of mean high water with the shore as established by the Florida Coastal Mapping Act of 1974, Chapter 74-56, Laws of Florida. Minimum Vectoring Altitude: The lowest MSL altitude at which an IFR aircraft will be vectored by a radar controller, except when otherwise authorized for radar approaches, departures and missed approaches. Mobile Home: A detached dwelling unit with all of the following char- acteristics: (a) designed for long-term occupancy and containing sleep- ing accommodations, a flush toilet, a tub or shower bath, and kitchen facilities, with plumbing and electrical connections provided for at- tachment to outside systems; (b) desigued for transportation after fabri- cation on streets or highways on its own wheels, and (c) arriving at the site where it is to be occupied as a dwelling complete, including major appliances and furniture, and ready for occupancy except for minor and incidental unpacking and assembly operations, location on jacks or other temporary or permanent foundations, connection to utilities and the like. A travel trailer is not to be considered as a mobile home. Mobile Home Park: The premises where mobile homes are parked for non- transient living or sleeping purposes and where sites or lots are set aside or offered for lease or rent for use by mobile homes for living or sleeping purposes, including any land, building, structure, or facility used by occupants of mobile homes on such premises. (Sea Section 7.21). Mobile Home Site: A lot or parcel of ground within · mobile home park or lubdivialon, designated for the accommodation of not more than one mobile home. Mobile Home Subdivision: The premises where mobile homes are parked for non-transient living or sleeping purposes and Qhere lots are set aside or o£fered for sale for use by mobile homes for living or sleeping purposes in accordance with Collier County Subdivision Regulations, including any land, building, structure, or facility used by occupants of mobile homes on such premises. (See Section 7.20). Model Home: A residential structure used for demonstration purposes or sales promotion, not occupied as a dwelling unit, and open to the public for inspection. (See Section 10.6.) Modular Home: A dwelling unit, constructed as a total entity, or in parts of a total entity, which is constructed other than on the building site and which is then moved to and erected on the building site. A modular home must be constructed to meet the standards of all Collier County construction codes and to the standards set by the State o£ Florida for such construction. A mobile home is not to be considered a modular home unless its maker's name appears on the approved listing of such construction in the State of Florida. (This listing is available in the Collier County Building Department.) Motel: See Hotel, etc. Motor Home: A vehicular unit built on a self-propelled motor vehicle chassis, primarily designed to provide temporary living quarters for rec- reational, camping, or travel use. Multi-Face Sign: A sign which ia made up of three (3) or more faces. Night Cl,b: See Club, Night. Non-Conformtn~ Lot of Record: Any lot or parcel which was recorded or for which an agreement for deed was executed prior to October 14, 1974, and which lot or parcel does not meet tho minimum width and lot srea re- quirements as a result of the passage of this Ordinance shall be con- sidered as a legal non-conforming lot and shall be eligible for the issuance of s building permit provided all the other requirements of this Ordinance and the Florida Statutes are met. Non-Conforming Sign: A sign or advertising structure existing on the effective date of this Ordinance which by its height, squ, re foot area, location, use or structural support does not conform with the require- ments of this Section. 014. 230 Nursery School: See Child Care Center, Nursery~ P[ant~ Any lot, structure or premises used ns an enterprise for the purpose of growing or keeping of plants for sale or resale. Nursin8 Home, Rest Home or Extended Care Facility or Adult Congregate Living Facility: A private home, institution, building, residence, or other place, whether operated for profit or not, including those places operated by units of government, which undertakes through its ownership or management to provide for a period exceeding twenty-four (24) hours~ maintenance, personal care, or nursing for three (3) or more persona not related by blood or marriage to the operator, who by reason of illness, physical infirmity, or advanced age, are unable to care for themselves; provided, that this definition shall include homes offering services for less than three (3) persons where the homes are held out to the public to be establishments which regularly provide nursing and custodial services. (See also Homes for thc Aged). Office~ Business: An office for such activities as real estate agencies, advertising agencies (but not sign shop), insurance agencies, travel agencies and ticket sales! chsmber of commerce, credit bureau (but not finance company)~ abstract and title agencies or insurance companies, s~ockbroker~ and the like. It is characteristic of a bnsiness office that retail or wholesale goods are not shown to or delivered from the premises to a customer. A barber or beauty shop is not a business of- £ice. Office~ Professional: An office for the use of a person or persons generally classified as professionals, such aa architects, engineers, attorneys, accountants~ doctors, lawyers~ dentists, psychiatrists, psy- chologlsts, and the like. Off-Premise Si&n: ^ sign not located on the same premises as the prin- cipal business, product, service~ or activity being identified or adver- tised. On-Premise Si&n: I sign containing copy relating only to the principal business, product, service, or activity conducted or sold on the same premises aa that on which the sign is located. Open Space~ Usable: That portion of a lot or parcel which can be used by the inhabitants of the property for outdoor living, strive or passive activity~ and/or recreation. Outdoor Advertising Sign: An off-premise sl8n. Package Store: A place where alcoholic beverages are dispensed or sold in containers for consumption off the premises. Parking Area - Off-S[reet: An ares for the temporary storage and parking of motor vehicles including Cite area required for adequate maneuvering space, access aisles, or drives thereto. Parkin8 Spacet Off-Street: A space adequate for parking an automotive vehicle with room for opening doors on both sides. Patio: An unroofed projection from the outside wall of a building, without any form of enclosure other than open mesh screening. Permanent Si~n: A sign not specifically designated as being temporary. Political Si~ A sign promoting, advert/sing, or identifying a politi- cal party, candidate, or issue. Porch: A roofed-over space, wiLl] the roof impervious to weather, at- tached to the ouLulde of an exterior wall of a build/nE, which has no enclosure other than the exterior walls of such building. Open mesh screening shall not be considered an enclosure. Portable Sign: A sign not affixed to the ground or to a structure or only affixed by means of tiedown straps. Private Club: See Club, Private. Projecting Sign: A sign mounted on the vertical surface of a building or structure in such a manner that all of the display surfaces are not parallel to the supporting structure. Provisional Use: A use that would not be appropriate generally or with- out restriction throughout a zoning district, but which if controlled as to number, ores, location, or relation to the neighborhood would promote the public health, safety, welfare, morals, order, comfort, convenience~ appearance, prosperity, or the general welfare. Such uses may be permis- sible in a zoning classification or a district as a provisional uae if specific provision for such a provisional uae is made in these zoning regulations. (For procedure in securing provisional uses, see Section 13.) Public Resource: Land, air, water and wildlife which is part of the public domain or which is within the realm embracing inherent rights that belong to the community at large and in which the community shares the rights and benefits of such resource. PubLic Service S£&n: A sign designed to rentier a i)ublic service such as, but not limited to, "time and temperature" signs and "flashing news" signs. Such signs may not include any advertising whatsoever on them unless such advertising complies with all of the requirements of this Ordinance. Recreational Facilities Not Accessor~ to Principal Uses: Uses similar to present residential accessory uses such as swimming pools, tennis courts, accessory clubhouses, or parks which will be under common ownership and serve more than one (1) residence. Recycling Center: A place, structure, or lot where junk, waste, dis= carded, salvaged, or similar materials such as old metals, wood, slush, lumber, glass, paper, rags, cloth, bagging, cordage, barrels, containers, etc., are brought, bought, sold, exchanged, baled, packed, disassembled, stored, or handled~ including used luncher and building material yards, housewrecking yards, hcavy equipment wrecking yards, and yards or places for the storage, sale or handling of salvaged housewrecktng or structural steel mater£als. This definition shall not include sutomobLle wrecking and automobile wrecking yards, or pawnshops and establishments for the sale, purchase, or storage of second-hand cars, clothing, salvaged chinery, furniture, rad£os~ stoves, refrigerators, or similar household goods and appliances, all of which shall be usable, nor shall it ·pply to the processing of used, discsrded, or salvaged msterisls incident to manufacturing acclv£ty on the same site where such processing occurs. Restaurant: An establishment where food is ordered from s menu, prepared and ~ervcd for pay primarily for consumption on the premises tn a com- pletely enclosed room, under roof of the main structure, or in an inter- ior court. A drtve-Ln restaurant is not a restaurant. A cafeterLs ts · restaurant for the purpose of this Zoning OrdLnsnce. (See also definition of Drive-In Res~aruant.) Restaurant~ Fast-Food: An establishment where food is prepared and served to the customer in s ready-to-consume state for consumption either within the restaurant building, outside the building but on the same premises, or off the premises and having any combtnstion of two or more of the following characteristics: s. A limited menu, usually posted on · sign rsther than printed on individusl sheets or bookletsl b. Self-service raCher Lhan Lable serv£ce by resCauranL employees; c. Disposable containers and utensils; or d. A kitchen area in excess of 50% of the total floor area. A cafeteria or delicatessen shall not be deemed a fast-food restaurant for the purpose of this Zoning Ordinance. Rest Home: See NursinR l[ome. Roof Sign: Any sign erected or constructed upon a roof and projecting in whole or in part above the crown of the roof. Safety Sign: A sign used only for the purpose of identifyin8 and warning of dnngers. Sandwich Si.~n: See Portable Sign. Schools: An sd,cat{naa] facility that meets academic standards as pro- vided by the State of Florida. Servants' Quarters: Dwelling units located in residential districts and utilized for domestic s,rvants employed on the premises. Such units may be in either a principal or an accesory building, but no such living quarters shall b, rented, leased, or otherwise be made available for compensation of any kind except in the form of housing for servants. Service Station: See Automobile Service Station. Setback Line: A line marking the minimum distance between a right-of-way line, pro;)erty linc, bulkhead line~ shoreline, access easement line or other defined location and the beginning point of a required yard or the buildable area, as this ordinance may require in the particular case. Shoreline: Same as Mean }{igh WaLer Line except that in non-tidal waters defined by average annual water level. Shopp~,n8 Center: A retail sales facility consisting of fivt, (5) or more retail outlets or having a gross floor area of more than 25,000 square feet, whichever shall apply; exclusive of supermarkets. Sign: Any writing (including letter, word or numeral); pictorial rep- resentation (including iljustration or decoration); emblem (including device, symbol, or trademark); flag (including banner or pennant); or any other figure of similar character which ia designed to advertise or give direction to any business, product, service or other related function. Site Alteration: Any modification, change or transformation of any portion of a lot or parcel of land including, but not limited to, the removal, displacement or relocation of trees, plants and vegetatlot,, the oo, 014 addition or removal of earth materials, and the creation, retention, or relocation of drainage courses or water areas. ~tory: That portion of a building included between a £1oot which is culated as part of the building's habitable floor area and the floor roof next above it. Street: A public or approved private thoroughfare which affords the principal means of access to abutting property. Streets may be called, but not limited to, lanes, ways, places, drives, (not includin8 private drives or driveways), boulevards, roads, avenues, or other means of access, regardless of the descriptive term used. (Se& Collier County Subdivision Regulations). Street Frost,se: That portion of the lot which borders on the street; corner lots have two (2) frontages. Strip Lighting: A continuous series of linear exterior lights designed to illuminate a sign or a structure. Structure: Anything constructed or erected which requires a fixed loca- tion on the ground, or in the ground, or attached to something having a fixed location on or in the ground. Supermarket: A departmentalized self-service retail market which primar- ily sells food items, but also may sell household items, personal items and other merchandise. Such facility is generally, but not necessarily~ part of a chain-store system which may exist as an individual structure or as an integrated structure within a shopping center and which exceeds 20,000 square feet. Temporary Sign: A sign intended to advertise co~,,unity or civic pro- jects, construction projects, or other special events on a temporary basis for a designated period of time. Time-Share Estate: Any interest in a dwelling unit under which the ex- clusive right of use, ownership, possession, or occupancy of the unit circulates among the various owners of time-share estates in such unit in accordance with a fixed time schedule on a periodically recurring basis for a period of time established by such schedule. Time-Share Estate Facility: Any dwelling in which time-share estates have been created. Time-Share Unit: A dwelling unit in which time-share estates have been cresLed. 235 Townhouae or Rowhousc: Townhouse or rowhouse aha]! mean three or more single-family structures separated by party walls or separated by not more than one (il inch from another townhouse. Trailer: Boat: A wheeled conveyance drawn by other motive power for the transportation of a single boat. Trailer, Camping or Pop-Ou~: A wheeled conveyance drawn by other motive power designed for travel, recreation, and vacation use and which ts made up of elements which fold into a compact assembly for travel. Trailerz Travel: A vehicular~ portable structure built on a chassis, designed to be used as a temporary dwelling for travel, 'recreational and vacation purposes, which: (]) is identified by the manufacturer as a travel trailer; (2) is not more than eight (8) feet in body width; and (3) is of any weight provided its body length does not exceed thirty- eight (38) feet, Travel Trailer - Recreational Vehicle Campground Park: See Section 7.22. Truck Stop: An establishment where the principal use is primarily the refueling and servicing of trucks and tractor-trailer rigs. Such estab- lishments may have restaurants or snack bars and sleeping accommodations for the drivers of such over-the-road equipment and may provide facili- ties for the repair and maintenance of such equipment. U-Pic Farm: A farm where the customer picks or purchases the produce directly from the premises on which they are grown or produced. Use: The purpose of which land or water or a structure thereon is des- ignated, arranged, or intended to be occupied or utilized or for which it is occupied or maintained. The uae of land or water in the various zoning districts ia governed by this Zoning Ordinance. Vacation Time-Sharini Plan: Any arrangement, plan, scheme, or similar device, whether by membership agreement, tenancy in common, sale, lease, deed, rental agreement, license~ use agreement, security, or by any other means, whereby a purchaser in exchange for advanced consideration re- ceives a right to uae a time-share estate. Variance: A relaxation of the terms of this Zoning Ordinance where such variance will not be contrary to the public interest and where, owins to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of this Zoning Ordinance would result in unnecessary and undue hardship on the land. A variance il 236 authorized only for height, area, and size of str.cture or size of yards and open spaces. Establishment or expansion of a uae otherwise prohibi- ted or not permitted shall not be allowed by variance. Wall Sign: A sign affixed in any manner to any exterior wall of a build- in8 or structure and which ia parallel to and projects not more than eighteen (18) inches from the building or structure wall and which does not extend more than six (6) inches above the parapet wal[ or roof u£ Lhe building on which it is located. Signs which are on architectural pro- jections which do not extend more than six (6) inches above the roof or parapet wall of the building are wall signs. Wind Sign: Any sign or display Including, but not limited to flags, banners, balloons, streamers and rotating devices, fastened in such a m~nner Lo move t~pon being subjected to presauce by wind or breeze. Yard~ Generally: A required opeu space, other than a court, unoccupied and obstructed by any structure or portion of a structure from thirty (30) inches above the general ground level of the graded lot upward; provided, however, that fences, walls, hedges, poles, posts, children's play equipment, and other customary yard accessories, ornaments, statuary and furniture may be permitted in any yard subject to height limitations and requirements limitin8 obstructions to visibility. Yarda Front: A yard extending between aide lot lines acc:uss the front of a lot adjoining a street. See Section 8.5. y.ard~ Gulf: Any yard within Collier County abut:in8 the Gulf of Mexico. Yard~ Rear: A yard extending across the rear of the lot between inner side yard lines. (In the case of through lots and corner lots, there will be no rear yards, but only front and aide yards.) (See Section 8.5) Yard~ Side: A yard extending from the interior (rear) lot line, or in the absence of any clearly defined rear lot line, to the point on the lot farthest from the intersection of the lot line involved with the public street. (See Section 8.5) ~prd, Special: A yard other than a yard adjacent to a public street required to perform the same functions as · aide or rear yard, but adja- cent to a lot line and so placed or oriented that neither the term "aide yard" nor the term "rear yard" clearly applies. (See Section 8.5) Yard~ Waterfront: A waterfront yard ia · yard required on waterfront property with depth measured from the property line, provided that an 237 structure shall extend waterwnrd of the shoreline exceptinS those turns customarily extending into the water, i.e. seawall·, docks, bent= 'ho~,sea, etc., and further excepting those structurea'bu£1t under · "~'- Waterfront Class£fication. Waterfront property is hereby defined as property abutting on the Gulf of Nexico~ bays, bayous, navigable and on man=created cnnals! lakes, or imp~unded reservoirs. For the pur- pose of this ordtnance~ ·ny wnterfron~ y&rd except Yard, Gulf shall be treated as a rear yard. Zoning Director: An administrative official to be known as the Zoning Director, designated by and under the d~rection of the Com~unity Devel- opment Administrator, and who shall enforce the Zoning Ordinance. SECTION 21. SEPARABILITY CLAUSE: Should any section or provision of this Zoning Ordinance be declared by a court of competent ~urisdiction to be unconstitutional or invalid, such decision shall not affect the validity of this ~ontng Ordinance ns a whole, or any part thereof other than the part ·o declared to be uncon- stitutional or invalid. SECTION 22. REPEAL OF PREVIOUS ORDINANCES: The zoning regulations for the unincorporated area of ,Collier County adopted through J~,ne 30, 1976, as amended and any or all zoning resula- rio·s, except for PUD's, in effect on the day prior to the effective date of this Zoning Ordinance are hereby repealed. Other ordinances apecifically repealed are: ?&=15 - Im~okslee Area Planning District Regulations aa amended. 76-30 Coastal Area Planning District Regulations as ·mended. SECTION 23. EFFECTIVE DATE: This Zoning Ordinance shall take effect immediately upon receipt of ~ck- nowledgement that this Ordinance has been filed with the Office of the Secretary o~ State of the State of Florida, ADOPTED thia 5t~___ day of January ,e': ..9i'££~~, ~ ~t^G~, ., ...~... ~/ . ~ ~p~,~,~/~o~ "' ~o~unlty Develop. Division 9/5/a0 - ~ev. 1~/6/81 Rev. 1/7/82 1982. · BOARD OF COUNTY CONNI'SSIONER,q COI. LIER COUNTY:, FI.O~IDA, w CIL~I~ {g.-R. "RUSS" WI~R 238 6'fATE OF FLORIDA COUN'rY OF COLLIER I, WlLLIf~gJ. REAGAN, Clerk of Courts in and for tha 7~centieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true original of: ORDINANCE NO. 82-2 which was adopted by the Board of Count), Cormuissioners during 'Special Session January 5, 1982. . ifITNESS my hrmd and the official seal of the Board of County Conmissioners of Collier Century, Florida, this 8th day..of January, 1982. hTLLIA~M J. REAGAN Clerk of Courts and Clerk 'Ex-officio to Board of County Co,~)i,s s ioners ~.. .:~,~:'!,~.,,, -~ . 7V J~. " "." ~.. . ~ ~.' C "~.~:~ ....... ....~, ~ '.'.... APPENDIX A SCI~DULE OF FEES Rezone Petition Special Exception Petition Interim Agricultural Uae Petition Comprehensive Plan Amendments Boat Dock Extension Petition Appeal from an Administrative Decision Variance DRI Review $5.00 per acre plus Farm Labor Petition PUD Review $5.00 per acre plus ElS Review ST Review $5.00 per acre with a minimum Coastal Construction Control Line Variance Modification of any Development One half of Plan approved by Board of fee for County Commissioners. approval. Renewal of any Development Plan One half of approved by Board of County fee for Commissioners. approval. SIGNS: CLASS A $25.00 D 15.00 C 10,00 D 5.00 E 5.00 F 5.00 G 5.00 H Equivalent to corresponding Claas Publications, maps, reports, etc. Zoning Ordinance Official Zoning Atlas Hap o£ Western Portion of Collier County Xerox Copies $350.00 350.00 350.00 350,00 150.00 150.00 150.00 350.00 * 100.00 350.00 * 250.00 100.00 150.00 petition original petition original As determined by the Administrator based on cost. AS determined by the Administrator based on coat. Map Sheet $2.00 5.00 .lO/sheet + $1.00 service charge * Only one fee is required when PUD and DRI review i~ requested for the same project review and public hearing. 239