Agenda 12/13/2000 S COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
Wednesday, December 13, 2000
5:05 p.m.
NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER
PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER ~PRIOR
TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED.
COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL,
BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO,
ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO
THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA
MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT
LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER
"PUBLIC PETITIONS".
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A
RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO
ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD
INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS
PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRMAN.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN
ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU,
TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY
FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,
NAPLES, FLORIDA, 34112, (941) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING
IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE.
PLEDGE OF ALLEGIANCE
An ordinance amending Ordinance Number 91.102, as amended, the Collier County Land
Development Code, which includes the Comprehensive Zoning Regulations for the Unincorporated
area of Collier County, Florida, by providing for: Section One, Recitals; Section Two, Finding of
Fact: Section Three, Adoption of Amendments to the Land Development Code, more specifically
amending the following: Article 2, Zoning, Division 2.2 Zoning Districts, Permitted Uses, Conditional
Uses, Dimensional Standards, including the adoption of the Goodland Zoning Overlay District or in
the alternative a Declaration of Partial Moratorium on multi-family !and uses for the Goodland area
and the Bayshore Drive mixed use overlay district; Division 2.4 Landscaping and Buffering; Division
2.5. Signs; Division 2.6 Supplemental District Regulations including but not limited to Section 2.6.4,
Exceptions to Required Yards; Section 2.6.11, Fences; Section 2.6.15, Solid Waste Disposal; Section
2.6.21, Dock Facilities; Section 2.6.33, Motion Picture/Television Production Permit; Adding Section
2.6.34, Annual Beach Event Permits; and Section 2.6.35, Communication Towers; Division 2.7.
Zoning Administration and Procedures; Division 2.8 Architectural and Site Design Standards and
Guidelines for Commercial Building and Projects; Article 3, Development Requirements, Division 3.2
Subdivisions; Division 3.3, Site Development Plans; Division 3.4 Explosives; Division 3.5. Excavation;
Division 3.9 Vegetation Removal, Protection and Preservations; Division 3.10. Sea Turtle Protection;
I
December 13, 2000
Division 3.11, Endangered, Threatened or Listed Species Protection; Division 3.14. Vehicle on the
Beach Regulations; Article Six, Definitions, Division 6.3, Definitions including but not Limited to the
definition of "Residential Hotel"; Appendix B, Typical Street Sections and Right-of-Way Design
Standards; Section Four; Adoption of Amended Zoning Atlas Maps; Section Five, Conflict and
Severability; Section Six, inclusion in the Collier County Land Development Code; and Section
Seven, Effective Date.
ADJOURN
2
December 13, 2000
EXECUTIVE SUMMARY
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS AMENDED, THE
COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE
COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS:
SECTION TWO, FINDINGS OF FACT: SECTION THREE, ADOPTION OF
AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY
AMENDING THE FOLLOWING: ARTICLE 2, ZONING, DIVISION 2.2. ZONING
DISTRICTS, PERMITTED USES, CONDITIONAL USES, DIMENSIONAL STANDARDS,
INCLUDING THE ADOPTION OF THE GOODLAND ZONING OVERLAY DISTRICT OR
IN THE ALTERNATIVE A DECLARATION OF PARTIAL MORATORIUM ON MULTI-
FAMILY LAND USES FOR THE GOODLAND AREA AND THE BAYSHORE DRIVE
MIXED USE OVERLAY DISTRICT; DIVISION 2.4. LANDSCAPING AND BUFFERING;
DIVISION 2.5. SIGNS; DIVISION 2.6. SUPPLEMENTAL DISTRICT REGULATIONS
INCLUDING BUT NOT LIMITED TO SECTION 2.6.4, EXCEPTIONS TO REQUIRED
YARDS; SECTION 2.6.11, FENCES; SECTION 2.6.15, SOLID WASTE DISPOSAL;
SECTION 2.6.21, DOCK FACILITIES; SECTION 2.6.33, MOTION PICTURE/TELEVISION
PRODUCTION PERMIT; ADDING SECTION 2.6.34, ANNUAL BEACH EVENT PERMITS;
AND SECTION 2.6.35, COMMUNICATION TOWERS; DIVISION 2.7. ZONING
ADMINISTRATION AND PROCEDURES; DIVISION 2.8. ARCHITECTURAL AND SITE
DESIGN STANDARDS AND GUIDELINES FOR COMMERCIAL BUILDINGS AND
PROJECTS; ARTICLE 3, DEVELOPMENT REQUIREMENTS, DIVISION 3.2.
SUBDIVISIONS; DIVISION 3.3, SITE DEVELOPMENT PLANS; DIVISION 3.4.
EXPLOSIVES; DIVISION 3.5. EXCAVATION; DIVISION 3.9. VEGETATION REMOVAL,
PROTECTION AND PRESERVATION; DIVISION 3.10. SEA TURTLE PROTECTION;
DIVISION 3.11. ENDANGERED, THREATENED OR LISTED SPECIES PROTECTION;
DIVISION 3.14. VEHICLE ON THE BEACH REGULATIONS; ARTICLE SIX,
DEFINITIONS, DIVISION 6.3, DEFINITIONS INCLUDING BUT NOT LIMITED TO THE
DEFINITION OF "RESIDENTIAL HOTEL"; APPENDIX B, TYPICAL STREET SECTIONS
AND RIGHT-OF-WAY DESIGN STANDARDS; SECTION FOUR; ADOPTION OF
AMENDED ZONING ATLAS MAPS; SECTION FIVE, CONFLICT AND SEVERABILITY;
SECTION SIX, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE;
AND SECTION SEVEN, EFFECTIVE DATE.
OBJECTIVE:
To amend provisions of the Collier County Land Development Code.
AGEND.~ITEM
DEC I 3 2000
, ......pg:_. I ,,.
CONSIDERATIONS:
This is the second of two public heatings required by Statute for amending the Collier County Land
Development Code. Each of the amendments was presented to, and reviewed by, the Development
Services Advisory Committee, Collier County Planning Commission, and the Environmental Advisory
Council where applicable. Recommendations are included in the summary description of the LDC
amendments where an advisory body advocated revisions to the staff recommended changes. The
Planning Commission held public heatings on November 1, 2000 and November 15, 2000.
A summary of the review of these amendments by the Development Services Committee,
Environmental Advisory Council and the Collier County Planning Commission is provided with this
Executive Summary.
FISCAL IMPACT:
None
GROWTH MANAGEMENT IMPACT:
All proposed amendments to the Land Development Code are consistent with Policies, Objectives and
Elements of the GMP.
STAFF RECOMMENDATION:
That the Board of County Commissioners hear and consider amendments as herein proposed to the
Land Development Code at this first of two required public heatings.
A~.~A ITEM
DEC 1 3 2000
PREPARED BY:
R~N~d~ D-F.-~,/~1~
CURRENT PLANNING MANAGER
DATE
REVIEWED BY:
PLANNING SERVICES DEPARTMENT DIRECTOR
DATE
APPROVED BY:
JgglN~i_(NDi TUYN NDUECv.K, IA~I Ii~ I~NT EVI R~oMNA2E5NITN IAi~S TsvRAc~ .O R
g/admin/LDC AMENDMENTS/RN/im
DATE
ACiEN~A I~
DEC 1 3 2000
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONER'S MEETING
ON LDC AND RELATED
AMENDMENTS
NOTICE OF MEETING
WEDNESDAY, DECEMBER 13, 2000
AT
5:05 PM
COUNTY COMMISSIONER'S BOARD ROOM
ADMINISTRATION BUILDING - 3m~ FLOOR
3001 E. TAMIAMI TRAIL
AGENDA
1. Amendment to Land Development Code (LDC) - Second Public Hearing
(A summary o£ the proposed LDC Amendments follows this page)
AGE"N~A ITEM
DEC 1 3 2000
0 ~
ORIGIN:
AUTHOR:
DEPARTMENT:
LDC PAGE:
LDC SECTION:
Community Development and Environmental Services
Ronald F. Nino, AICP, Current Planning Manager
Planning Services
LDC 2.6
2.1.5. Amendment to Official Zoning Atlas
CHANGE: To amend the official zoning atlas of Collier County for the purpose of revising the
zoning district designation on a number of properties owned by Collier County and which
properties are either developed or intended to be improved as public recreational spaces to the
"P" Public Use District.
REASON: A number of properties owned by Collier County intended for recreational
development by the Collier County Parks and Recreational Development are currently zoned for
some other land use other than a recreational use. The Collier County official zoning atlas and
Land Development Code provides a specific zoning district for land under public ownership and
intended to be developed as part of the County's recreational system. This zoning classification
is identified as a "P" Public Use District. Rezoning these properties to the Public Use District
will permit Collier County to proceed with their development without being encumbered in some
cases with having to rezone the property when it becomes to make the recreation improvement.
The following areas are proposed:
1. U.S. 41
Section
2. U.S. 41
Section
E, E Tamiami Trail (Eagle Lakes Community Park), Township 50 S, Range 26 E,
330, Map No. 3633 N, A to P.
E, E Tamiami Trail (Eagle Lakes Community Park), Township 50 S, Range 26 E,
33, Map No. 3633S, A to P.
3. Golden Gate Blvd. (Max Hasse Community Park), 94, 95, 96, 98 and 111, Golden Gate
Estates Unit 4, Map No. G G E 22, E to P.
4. Vanderbilt Drive (Cocohatchee Community Park), Township 48 S, Range 25 E, Section 17,
Map No. 8517S, CF to P.
5. Carson Road (Tony Rosebaugh Park), Township 46S, Range 29 E, Section 31, Map No.
6931, A to P.
6. Washington Street (Immokalee Sports Complex), Township 46 S, Range 29 E, Section 33,
Map No. 6933S, RMP-6 to P.
7. Third Avenue (Immokalee Community Park), Township 47 S, Range 29 E, Section 4, Map
No. 7904N, RSF-3 to P.
State Road 29 (Oil Well Park), Township 48 S, Range 29 E, Section 20, Map No.
MHO to P.
[82930_ A-
DEC 1 3 2000
10.
11.
12.
13.
14.
15.
16.
Bluebill Avenue (Connor Park), Township 48 S, Range 25 E, Section 29, Map No. 8529N,
RMF-6 to P.
9th Street South (Immokalee) (Dream Land Park), Township 47 S, Range 29 E, Section 4,
Map No. 7904S, RMF-6 to P.
18th Court SW (G G Unit 5) (Rita Easton Park), Township 49 S, Range 26 E, Section 21,
Map No. 9621N, RSF~3 to P.
23rd Avenue SW (Aaron Lutz Park), Township 49 S, Range 26 E, Section 22, Map No.
9622S, RSF-3 to P.
Sholtz Street (East Naples Tot Park), Township 50 S, Range 26 E, Section 29, Map No.
0629N, RSF-4 to P.
Lotus Drive (Coconut Circle Neighborhood Park), Township 50 S, Range 25 East, Section 1,
Map No. 05015, RSF-4 to P.
Poinciana Drive (Poinciana Village Neighborhood Park), Township 49 S, Range 25 E,
Section 23, Map No. 95235, RSF-4 to P.
Undivided Block 118, Golden Gate Unit 4, according to the plat thereof, recored in the
Official Records of Collier County, Florida, in Plat Book 5, Pages 107, (Golden Gate
Community Park), Township 49 S, Range 26 E, Section 21, Map No. 9621 S, RSF-3 to P.
2
l
DEC 1 3 2000
3
O~ 13 ;2000
9',, ',CZ
:" -A' 'GE.~A ITEM
DEC ~ 3 2000
I .
:l
5
A~IDA ITE~
DEC 1 3 2000
6
r~'-~A ~TEM
i OE'3 !3 2000
'7
C,X XCZ :x. 3SAEE
DEC 1 3 2000
8
~A ITEM
DEC 13 2000
9
lO
DEC I 3 2000
11
~2-_0
O'x 'xOZ :\C S A_=~-
iii?
' AGEN,gA ITFJ~
DEC i 3 2000
Pg. ~!
12
\$
DEC !3 2000
9\ NCZ
13
:\o S AE _SX~~1' ~
DEC 1 3 2000
14
?
DEC 1 3 2000
15
00oeo
DEC 13 2000
16
Cx~OZ :XOSAE~ _Sv~
DEC ~3 2000
l?
O,\XOZ 'NOS
2000
-s\
18
A-~-c~J~O A IT~
DEC !3 2000
ORIGIN: Planning Services Staff
AUTHOR: Fred Reischl, AICP
Senior Planner
DEPARTMENT: Planning Services
LDC PAGE: LDC 2:216 to LDC 2:218
LDC SECTION: 2.2.2.3. Zoning Districts
CHANGE: Amend the Rural Agricultural zoning district to add criteria for Conditional Uses for
tour operations such as airboat, swamp buggy and horse tours.
REASON: To ensure consistency in Conditional Use requirements for tour operations.
FISCAL & OPERATIONAL IMPACTS: None.
RELATED CODES OR REGULATIONS: LDC Division 3.3 (Site Development Plans).
Amend the Land Development Code as follows:
2.2.2.3. Conditional uses. The following uses are permitted as conditional uses in the rural
agricultural district (A), subject to the standards and procedures established in division 2.7.4.
1. Extraction or earthmining, and related processing and production not incidental to the
agricultural development of the property.
2. Sawmills.
3. Zoo, aquarium, aviary, botanical garden, or other similar uses.
4. Hunting cabins.
5. Aquaculture for nonnative or exotic species, subject to State of Florida game and
freshwater fish commission permits.
6. Wholesale reptile breeding or raising (venomous).
7. Churches and other places of worship.
8. Private landing strips for general aviation, subject to any relevant state and federal
regulations.
9. Cemeteries.
10. Schools, public and private.
11. Child care centers and adult day care centers.
19
A~A ITEM
DEC 1 3 2000
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
Collection and transfer sites for resource recovery.
Communication towers above specified height, subject to section 2.6.35.
Social and fraternal organizations.
Veterinary clinic.
Group care facilities (category I and II); care units; nursing homes; assisted living
facilities pursuant to § 400.402 F.S. and ch. 58A-5 F.A.C.; and continuing care retirement
communities pursuant to § 651 F.S. and ch. 4-193 F.A.C., all subject to section 2.6.26
when located within the Urban Designated Area on the Future Land Use Map to the
Collier County Growth Management Plan.
Golf courses and/or golf driving ranges.
Oil and gas field development and production subject to state field development permits.
Sports instructional schools and camps.
Sporting and recreational camps.
Retail plant nurseries subject to the following conditions:
Do
Retail sales shall be limited primarily to the sale of plants, decorative products such
as mulch or stone, fertilizers, pesticides, and other products and tools accessory to
or required for the planting or maintenance of said plants.
Additionally, the sale of fresh produce is permissible at retail plant nursuries as an
incidental use of the property as a retail plant nursery.
Co
The sale of large power equipment such as lawn mowers, tractors, and the like shall
not be permitted in association with a retail plant nursery in the rural agricultural
district.
Asphaltic and concrete batch making plants subject to the following conditions:
Asphaltic or concrete batch making plants may be permitted within the area
designated agricultural on the future land use map of the future land use element of
the growth management plan.
b. The minimum site area shall not be less than ten acres.
Go
The site shall gain its principal access from a street designated collector or higher
classification of road as designated by the future traffic circulation element of the
growth management plan.
eo
Raw materials storage, plant location and general operations around the
not be located or conducted within 100 feet of any exterior boundary.
The height of raw material storage facilities shall not exceed a height of
2O
;o f! c ! 3 2000
23.
f. Hours of operation shall be limited to two hours before sunrise to sunset.
The minimum setback from the principal road frontage shall be 150 feet for
operational facilities and 75 feet for supporting administrative offices and
associated parking.
ho
An earthen berm achieving a vertical height of eight feet or equivalent vegetative
screen with 80 percent opacity one year after issuance of certificate of occupancy
shall be constructed or created around the entire perimeter of the property.
Compliance with all applicable ordinances of Collier County particularly the
Wellfield Protection Ordinance No. 91-103 [div. 3.16 of this land development
code] and the Noise Ordinm ze No. 90-17 [Code ch. 54, art. IV].
j. The plant shall not be located:
(1) Within the Greenline Area of Concern for the Florida state park system as
established by the department of natural resources (DNR);
(2) Within the Area of Critical State Concern as depicted on the future land use
map;
(3) Within 1,000 feet of a natural reservation;
(4) Within any county, state or federal jurisdictional wetland area.
Cultural, educational, or recreational facilities and their related modes of transporting
participants, viewers or patrons where applicable, subject to all applicable federal, state
and local permits. Tour operations, such as, but not limited to airboats, swamp buggies,
horses and similar modes of transportation, shall be subject to the following criteria:
Permits or letters of exemption from the US Army Corps of Engineers, the
Florida Department of Environmental Protection, and the South Florida Water
Management District shall be presented to the Planning Services Director
prior to Site Development Plan approval.
(2) The petitioner shall post the property along the entire property line with no
trespassing signs approximately every 300 yards.
(3) The petitioner shall utilize only trails identified and approved on a Site
Development Plan. Existing trails are preferred.
(4) Motor vehicles shall be equipped with engines which include spark arrestors
and mufflers designed to reduce noise.
(5)
The maximum size of the vehicles, the number of vehicles, and the passenger
capacity of the vehicles shall be determined by the Board of Zoning Appeals
during the Conditional Use process.
21
(6) Motor vehicles shall be permitted to operate during daylight hours, one hour
after sunrise to one hour before sunset.
(7) Molestation of wildlife, including feeding, shall be prohibited.
(8) Vehicles shall comply with state and United States Coast Guard regulations, if
applicable.
(9) The Board of Zoning Appeals has the power to review a Conditional Use for
tour operations, annually. If, during the review at an advertised public
hearing, it is determined by the Board of Zoning Appeals that the tour
operation is detrimental to the environment, and no adequate corrective action
was taken by the petitioner, the Board of Zoning Appeals may void the
Conditional Use.
22
DEC
2000
ORIGIN:
AUTHOR:
DEPARTMENT:
LDC PAGE:
LDC SECTION:
Community Development and Environmental Services
Ronald F. Nino, AICP, Current Planning Manager
Planning Services
LDC 2.34
2.2.8.4.8 and 6.3 FAR for Residential Hotels
CHANGE: To amend 2.2.8.4.8 to provide a Floor Area Ratio for a Residential Hotel and to
define the term Residential Hotel.
REASON: A recent amendment to the "RT" Resort Tourist Section had the effect of
reducing the potential density of a type of hotel marketed for family occupancy which provides a
full housekeeping unit, and is typically rented for more than a week. When density based on
units per acre was eliminated in favor of a floor area ratio, it penalized those family occupied
hotel units that contain a space equivalent to a conventional dwelling unit. Under the then
regulation, hotels were allowed at twenty-six (26) units per acre. The floor area ratio's that were
designed were based on the more conventional hotels where full housekeeping is generally
unattainable, and when applied to a full housekeeping living environment resulted in a reduction
of density. This amendment is intended to restore the former density based on twenty-six units
per acre transposed into an equivalent floor area ratio based on unit sizes in the range of
averaging 1800 square feet and little or no consideration for accessory space as in the case
regular hotels.
Further because there is legitimate concern that this not be a subterfuge for a conventional
condominium achieving a higher density than is otherwise allowed we are defining the term
"Residential Hotel" to establish parameters that will assure that the units do indeed function as a
hotel.
Section 2.2.8.4.8. Floor area ratio. The maximum floor area ratio for hotels, motels and
timeshare facilities shall not exceed a factor of 0.60, except for destination resort hotels and
residential hotels as defined in Article 6.3 where a floor area ratio of 0.80 and 1.28 is permitted
respectively.
Division 6.3 Definitions
Residential Hotel - A residential hotel is a hotel intended for family occupancy where the
duration of stay exceeds one (1) week and offers full living accommodations including a
kitchen, living room, bathrooms and two or more bedrooms. The following operating
characteristics are required:
No unit may be occupied by the same household for a period of time greater than eight (8) weeks
and the same household may not occupy any unit in the building for more than twelve weeks in
any calendar year.
AGENDA IIF..M
her ~tity. ~
A,check-in/Check-out area shall be administered by the staff employed by the o~
Recreational amenities shall include at least three of the following recreational fa
23
ilitii~.C 1 3 2000
(i) Swimming pool
(ii) Tennis courts
(iii)Fitness room
(iv) Health spa
(v) Game room
In the event a condominium form of ownership is established condominium documents shall be
submitted with a Site Development Application which clearly demonstrates that all the units
function in the rental pool and are required to abide by the occupancy role herein specified.
No unit shall be occupied by more than one household.
The design of each unit shall clearly demonstrate that it functions as a separate housekeeping
unit and can not be rented to individuals who share the space in common and are not members of
the same household. However this shall not preclude more than one household from sharing in
common the space of the unit when all members are from the same nuclear family.
~?~DA ITEM
DEC 1 3 2000
ORIGIN: Community Development & Environmental Services
AUTHOR: Ronald F. Nino, Current Planning Manager
DEPARTMENT: Planning Services
LDC PAGE: 2.36.1
LDC SECTION: 2.2.10 Mobile Home District
CHANGE: 1)
Amend purpose and intent statement to acknowledge that conventional
stick/on-site built homes are also allowed in the modular built district.
2)
Amend the permitted use section to allow single-family homes as defined in the
LDC.
REASON: The traditional base would not apply in the case of someone electing to build a home
in a mobile home zoning district. Because lot sizes and lot area requirements are the same for
mobile home lots as for lots in the RSF-5 and 6 zoning district the premise is that density is
unaffected and the decision to mix mobile homes and site built homes is a personal choice
decision. In all likelihood this will give buyers a mobile home zoned lots the added flexibility of
purchasing manufactured housing as their choice in lieu of a mobile home all of which could
promote affordable housing goals.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
Amend LDC code as follows:
Section 2.2.10.1 Purpose and intent. The purpose and intent of the mobile home district (MH) is
to provide lands for mobile homes and modular built homes as defined in this Land
Development Code that ensure that they are consistent and compatible with
surrounding land uses. The MH district corresponds to and implements the urban
mixed-use land use designation on the future land-use map of the Collier County
growth management plan. The maximum density permissible in the mobile home
district and the urban mixed-use land use designation shall be guided, in part, by the
density rating system contained in the future land use element of the Collier County
growth management plan.
The maximum density permissible or permitted in the MH district shall not exceed
the density permissible under the density rating system, except as permitted by
policies contained in the future land use element, or as identified in the Immokalee
Future Land Use Map of the Growth Management Plan.
2.2.10.2.Permitted uses. The following uses are permitted as of the right or as uses accessory
to permitted uses, in the mobile home district (MH).
2.2.10.2.1 Permitted uses.
1. Mobile homes.
25
2000
2. Modular built homes.
3_3. Family care facilities, subject to Section 2.6.26.
Recreational vehicles (RV) as defined in the TTRVC district for those areas
zoned MHTT or MHRP prior to November 13, 1991, in accordance with an
approved master development plan designation specific areas for RV spaces.
The development standards of the TTRVC district (excluding lot size and area)
shall apply to the placement and uses of land in said RV areas.
26
DEC I :3 2000
ORIGIN: Community Development and Environmental Services
AUTHOR: Michele R. Mosca, Senior Planner
DEPARTMENT: Planning Services
LDC PAGE: Unknown at this time
LDC SECTION: 2.2.28. Immokalee Overlay District specifically sections 2.2.28.3. SR 29 Commercial Overlay
Subdistrict; 2.2.28.4. Jefferson Avenue Commercial Overlay Subdistrict; and 2.2.28.8. The Main Street Overlay
Subdistrict.
CHANGE: Add text to the Main Street Overlay Subdistrict to prohibit communication towers, except as allowed
subject to site specific conditional use approval as an accessory or stand alone essential service use, and to clarif:,
the intent of the landscape provision; add text to the SR 29 Commercial Overlay and the Jefferson Avenue
Commercial Overlay Subdistricts to prohibit projects with a total building square feet of greater than 5,000 square
feet in size from utilizing the existing landscape provisions for said subdistricts; and correct scrivener's errors.
REASON: The Immokalee Overlay District and its associated subdistricts were created to encourage development
and redevelopment by establishing flexible design and development criteria suitable for the varying land use needs
of the community. This flexibility was not intended to include communication towers in the Main Street Overlay
Subdistrict nor intended to continue the use of the landscaping criteria, as originally proposed in the SR 29 and
Jefferson Avenue commercial overlay subdistricts. The landscaping criteria originally established for the SR 29 and
the Jefferson Avenue commercial overlay subdistricts was intended to be greater than required by code, thereby
providing additional landscape buffering adjacent to residential properties and right-of-ways. However, both the SR
29 and Jefferson Avenue commercial overlay subdistricts were overlooked during the period in which changes were
made to the landscape provision of the Land Development Code (LDC) in 1991. As a result. this "entry-way"
(SR 29) and the Jefferson Avenue commercial subdistrict have less stringent landscaping requirements than was
originally intended. Consequently. this oversight will necessitate future amendments to the Land Development
Code in order to provide the community an opportunity to reassess the "vision" of these commercial corridors as
well as to make design and development criteria consistent with the current code.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
Sec. 2.2.28.
Immokalee Overlay District
State Road 29 Commercial Overlay Subdistrict.' special conditions for the properties abutting SR-
29, as identified o~ in the Immokalee Area Master Plan; referenced on Map 2; and further
identified by the designation "SR29COSD" on the applicable official Collier County Zoning
Atlas Maps.
27
1 3 2000
Map 2
2.2.28.3.1.
2.2.28.3.2.
2.2.28.3.3.
2 ....g...3.1.
2.2.28.3.3.2.
2.2.28.3.4.
.... 2g...5.
S.R. 29 COMMERCIAL OVERLAY SUBDISTRIC'!' ($R2gCOSD}
Purpose and intent. The purpose of this designation is to provide for retail, office, transient
lodging facilities and highway commercial uses that serve the needs of the traveling public. These
commercial uses must be located on a major arterial or collector roadway. The provisions of this
sub-district are intended to provide an increased commercial depth along SR-29 with development
standards that will ensure coordinated access and appropriate landscaping and buffering
compatible with nearby residential properties.
Applicabilio,. These regulations apply to the commercial district along SR-29 as identified on the
Immokalee Future Land Use Map.
Development criteria. The following standards shall apply to all uses in this overlay subdistrict.
Access points to SR-29 shall comply with Florida State Department of Transportation permitting
regulations. Parcels that do have a minimum of 440-feet of street frontage shall provide access off
existing adjacent roadways, when possible, and should not access to SR-29.
Owners of lots or combinations of lots having less than the required street frontage may petition
the board of zoning appeals for a variance from the standard in this sub-district as will not be
contrary to the public interest when owing to special conditions peculiar to the property, a literal
enforcement of these standards would result in unnecessary and undue hardship.
Shared parking arrangements between adjoining developments shall be encouraged.
Deceleration and acceleration lanes shall be provided.
28
DEC 1 3 2000
2.2.28.3.6.
2.2.28.3.7.
2.2.28.3.8.
2.2.28.3.9.
2.2.28.3.10.
2.2.28.3.~.1~
2.2.28.4.
Pedestrian traffic shall be encouraged by providing sidewalks. The location of these sidewalks
shall be coordinated with adjacent projects.
Buildings shall be set back from SR-29 a minimum of 25 feet and from the rear lot line a
minimum of 25 feet.
Projects with a total building square feet of less than or equal to 5,000 square feet shall provide a
ten-foot Type A landscape buffer as described in section 2.4 between vehicular rights-of-way with
required sidewalks and adjacent residential development. Adjacent commercial projects shall
provide coordinated landscape plans.
Proiects with a total building square feet of less than or equal to 5,000 square feet shall provide
an area equal to a minimum of two and one-half percent of the total interior vehicular use area
shall be landscaped to provide visual relief.
Projects with a total building square feet exceeding 5,000 square feet shall provide landscape
buffering in accordance with Section 2.4.5 of this Code.
Buildings shall have a maximum height of 50 feet.
Jefferson Avenue Commercial Overlay Subdistrict: special conditions for the properties abutting
Jefferson Avenue as identified o~ in the Immokalee Area Master Plan; referenced on Map 3: and
further identified by the designation "JACOSD" on the applicable official Collier County Zoning
Atlas Maps.
29
AGF_~A ITE. Ik4
DEC 3 2000
Pg.
Map 3
JEFFERSON AVENUE COMMERCIAL OVERLAY SUBDISTRICT (JACOSD)
2.2.2g.4.1.
2.2.28.4.2.
2.2.28.4.3.
2.2.28.4.3.1.
2.2.28.4.3.2.
Purpose and intent. The purpose of this designation is to provide for retail, office, transient
lodging facilities and highway commercial uses that serve the needs of the traveling public. These
commercial uses must be located on a major arterial or collector roadway. The provisions of this
sub-district are intended to provide an increased commercial opportunity along Jefferson Avenue
with development standards that will ensure coordinated access and appropriate landscaping and
buffering to be compatible with nearby residential properties.
Applicability. These regulations apply to the commercial district along Jefferson Avenue as
identified on the Immokalee Future Land Use Map.
Development criteria. The following standards shall apply to all uses in this overlay subdistrict.
Access points for future commercial development shall be limited to a maximum of one per 150
feet of street frontage. Properties with less than the required street frontage, shall be encouraged to
utilize shared access points with adjoining commercial development.
Owners of lots or combination of lots having less than the 150-foot of required frontage may
petition the board of zoning appeals for a variance from the standard in this sub-distric _~
AC.,EI'~ A ffF. D4
o DEC t 3 2000
2.2.28.4.4.
2.2.28.4.4.1~
2.2.28.4.5.
2.2.28.4.6.
2.2.28.4.7.
2.2.28.8
be contrary to the public interest when owing to special conditions peculiar to the property, a
literal enforcement of these standards would result in unnecessary and undue hardship.
Proiects with a total building square feet of less than or equal to 5,000 square feet shall provide A
a ten-ibm Type A landscape buffer as identified in section 2.4.5 of this Code shall 5c provided on
Jefferson Avenue c^~ n. ....... :n, ~.^; ....
Projects with a total building square feet exceeding 5,000 square feet shall provide landscape
buffering in accordance with Section 2.4.5 of this Code.
Provisions for shared parking arrangements with adjoining developments shall be encouraged.
Commercial buildings shall be set back from Jefferson Avenue a minimum of 25 feet.
Commercial building shall have a maximum height of 50 feet excluding ten feet for under-
building parking.
Main Street Overlay Subdistrict:
Main Street Overlay Subdistrict: special conditions for the properties identified in the Immokalee
Area Master Plan; referenced on Map 7; and further identified by the designation "MSOSD" on
the applicable official Collier County Zoning Atlas Maps.
Map 7
MAIN STREET OVERLAY SUBDISTRICT
't5
31
AGE~A ITE~
DEC !3 2000
2.2.28.8.1
2.2.28.8.2
2.2.28.8.3
2.2.28.8.4
2.2.28.8.5
Purpose and intent. The purpose of this designation is to encourage development and
redevelopment by enhancing and beautifying the downtown Main Street area through flexible
design and development standards.
Applicabilit3,. These regulado~.s apply to the Main Street Overlay Subdistrict as identified on Map
7 and further identified by the designation "MSOSD" on the applicable official Collier County
zoning atlas maps.
Permitted Uses. For all properties within the Main Street Overlay Subdistrict, except for properties
hatched as indicated on Map 7, the Main Street Overlay Subdistrict, all permitted uses within the
uses within the underlying zoning districts contained within this subdistrict, and the following use
may be permitted as a right in this subdistrict:
1. Hotel and Motels (group 7011).
Permitted uses. For hatched properties within the Main Street Overlay Subdistrict, all permitted
uses within the underlying zoning districts contained within this subdistrict, and the following uses
are permitted as a right in this subdistrict:
All uses allowed in the Commercial Professional District
(C- 1 ), of this code, except for group (7521 ).
Prohibited Uses. All uses prohibited within the underlying residential and commercial zoning
districts contained within this subdistrict, and the following uses, shall be prohibited in the Main
Street Overlay Subdistrict:
'2.
9.
10.
Automobile Parking (group 7521) on all properties having frontage on Main Street, North
First Street, South First Street and North 9th Street within the Main Street Overlay
Subdistrict.
Automotive dealers (groups 5511, 552 !, 553 ! installation, 5551,5561,5571,5571,5599)
on all properties having frontage on Main Street, North First Street and South First Street
within the Main Street Overlay Subdistrict.
Gasoline Service Stations (group 5541) on all properties having frontage on Main Street
and gasoline service stations (group 5541 with services and repairs as described in
section 2.6.28) are prohibited on all properties having frontage on North First Street and
South First Street within the Main Street Overlay Subdistrict.
Primary uses such as convenience stores and grocery stores are prohibited from
servicing and repairing vehicles in conjunction with the sale of gasoline, on all properties
having frontage on Main Street, North First Street and South First Street within the Main
Street Overlay Subdistrict.
Automotive repair, services, parking (groups 7514, 7515, 7521) and carwashes (group
7542) on all properties having frontage on Main Street, North First Street and South First
Street within the Main Street Overlay Subdistrict.
Radio and Television Repair Shops (group 7622 automotive) gs are prohibited on all
properties having frontage on Main Street, North First Street and South First Street within
the Main Street Overlay Subdistrict.
Outdoor Storage yards and outdoor storage are prohibited within any front, side or rear
yard on all properties within the Main Street Overlay Subdistrict.
Drive-through areas shall be prohibited on all properties having frontage on Main Street,
North First Street and South First Street within the Main Street Overlay Subdistrict.
Warehousing (group 4225)
Communication Towers, as defined in section 2.6.35 of this code, except as allowed
subject to site specific conditional use approval as an accessory or stand alone essential
service use.
Any other heavy commercial use which is comparable in nature with the forgoi_n..~ uses
and is deemed inconsistent with the intent of this subdistrict shall be pr~ hiblteqi~lt~A. ITF.~
32
DE[; ! 3 2000
2.2.28.8.6 Accessor3,, uses.
2.2.28.8.7
2.2.28.8.8
2.2.28.8.9
2.2.28.8.9.1
1.
2.
3.
4.
2.2.28.8.9.2
Uses and structures that are accessory and incidental to the permitted uses as of right in
the underlying zoning districts contained within this subdistrict and are not otherwise
prohibited by this subdistrict.
Conditional uses.
Uses permitted in the underlying zoning districts contained within this subdistrict, subject
to the standards and procedures established in section 2.7.4 and as set forth below:
A. Local and Suburban passenger transportation (groups 4131 4173) located upon
commercially zoned properties within the Main Street Overlay Subdistrict.
Outdoor Display and Sale ~f Merchandise.
Outdoor display and sale of merchandise, within the front and side yards on improved
properties, are permitted subject to the following provisions:
A. The outdoor display/sale of merchandise is limited to the sale of comparable
merchandise sold on the premises and as indicated on the proprietor's
occupational license.
B. The outdoor display/sale of merchandise is permitted on improved
commercially zoned properties and is subject to the submission of a site
development plan that demonstrates that provisions will be made to adequately
address the following:
1. Vehicular and pedestrian traffic safety measures.
2. Location of sale/display of merchandise in relation to parking areas.
3. Fire protection measures.
4. Limited hours of operation from dawn until dusk.
· Outdoor display and sale of merchandise within the sidewalk area only shall be permitted in
conjunction with "Main Street" approved vendor carts, provided the applicant submits a site
development plan which demonstrates that provisions will be made to adequately address the
following:
1. Location of sale/display of merchandise in relation to road rights-of-way:
2. Vendor Carts are located on sidewalks that afford the applicant a five foot clearance for
non-obstructed pedestrian traffic: and
3. Limited hours of operation from dawn until dusk
Dimensional Standards. Subject to the provisions of this code, for each respecti~,e zoning district,
except as noted below:
Yard requirements.
Maximum yard requirements·
Front Yard: 7 or 10 feet.
Side Yard: 0 - 10 feet·
Minimum yard requirements.
Rear Yard: 0 or 5 feet.
Abutting Residential. 20 feet.
Maximum height of structures.
1. All structures shall be no more than 35 feet in height, except hotel/motel uses shall be no
more than 50 feet in height.
33
AC.~, ITrc~
DEC 2000
PS-___~
2.2.28.8.10
2.2.28.8.11
2.2.28.8.12
2.2.28.8.13
Minimum off-street parking and off-street loading. As permitted by Section 2.2.28.7. standards
for parking within the Immokalee Central Business District, and as set forth below:
1. Outdoor caf{~ areas, shall be exempt from parking calculations.
2. All properties within the Main Street Overlay Subdistrict, having frontage on Main Street,
First Street or Ninth Street are required, by this subdistrict to locate all parking in the rear
and/or side yards.
Signs. As required in division 2.5. and as set forth below:
1. Projecting signs are allowed in addition to permitted signs provided such signs do not exceed
6 square feet in size and are elevated to a minimum of 8 feet above pedestrian way.
2. Sandwich Boards are permitted, one per eating establishment, not to exceed 6 square feet in
size and shall only be displayed during business hours.
Commercial design guidelines. Subject to provisions of division 2.8., Architectural and Site
Design Standards for Commercial Buildings and Projects, except as set forth below:
1. Properties having frontage on Main Street or First Street or Ninth Street are required to locate
its primary business entrance on that street. Parcels fronting both Main Street and First Street
or both Main Street and Ninth Street are required to locate their primary business entrance on
Main Street.
2. Reflective or darkly tinted glass is prohibited on ground floor windows.
3. Properties with less than 50 feet of road frontage shall only require a minimum of one roof
change.
4. Commercial projects 5,000 square feet in size or less shall only require a minimum of two
design features, as described within section 2.8.4.4.6 of this code.
5. To encourage redevelopment within the Main Street Overlay Subdistrict, for proposed
redevelopment of existing projects that do not increase impervious surface area and whose
total building area is less than or equal to 5,000 square feet in size, the applicant shall be
exempt from Section 2.4.3.1. of the Landscaping and Buffering provision, requiring the seal
of a landscape architect and shall also be exempt from Division 2.8. Architectural and Site
Design Standards and Guidelines for Commercial Buildings and Projects, requiring the seal of
an architect.
6. The minimum commercial design criteria, as set forth above, are shall ~ b.._~e applicable to
projects with a total building square feet of less than or equal to greater than 5,000 square feet
Landscaping and buffering. Subject to provisions of division 2.4. of this code, except as set forth
below:
To encourage redevelopment, the following landscape criteria shall apply to all commercially
zoned properties and those residential properties with permitted commercial uses, except
where otherwise prohibited by this subdistrict-'._. The following landscape buffering criteria
shall be applicable to projects with a total building square feet of less than or equal to 5,000
square feet:
a. properties adjacent to residentially zoned lots/parcels shall provide a minimum 10
foot wide landscape buffer, 6 feet foot m ~eig.~l high hedge or wall (4 feet at
planting; 6 feet within one year) with trees spaced no more than 25 feet on center:
b. Properties adjacent to commercially zoned lots/parcels shall provide a minimum 5
foot wide landscape a minirn.,~:m perimeter buffer ^r q c .... in "':~'~' with a single row
hedge with and trees spaced no more than 30 feet on center~ ._ shall be required for all
....... :~' The hedge shall be a minimum of q gallon plants 2 feet in height spaced
a minimum 3 feet on center at planting.
c. a minimum 5 fool buffer, with at leas~. lwo trees o~ ~'ach per lot/parcel or one lree per
40 linear feet whichever is greater, shall be required adjacent to all rights-of-ways:
d. lots/parcels that are unable to meet Ihe above minimum landscape criteria:,s~hfi=ll,~p,L__..,,
required to provide landscape planters and/or flower boxes for eac[
recommended by the County Landscape Architect or County Plann
34
~uch I~ ~
~g Di~/o~.tor; and ~
DEC 13 2000
commercial projcct~ greater t~an 5,~'~L~ ~quarc £cet in ~izc.
LDC AMENDMENT/ /
35
AGENDA ITEM
DEC !3 2000
ORIGIN: Community Development & Environmental Services
AUTHOR: Debrah Preston, Chief Planner
DEPARTMENT: Planning Services
LDC PAGE: Unknown at this time
LDC SECTION: 2.2.33 - Bayshore Mixed Use Overlay District
CHANGE: To create the Bayshore Drive Mixed Use Overlay District
REASON: The Board of County Commissioners directed staff to develop an overlay for the
Bayshore Drive corridor that would provide flexibility in uses and standards and provide an
incentive for redevelopment along this corridor.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
Section 2.2.33
Bayshore Drive Mixed Use Overlay District
2.2.33
Bayshore Drive Mixed Use Overlay District: special conditions for the properties
adjacent to Bayshore Drive as referenced on Map 1; and further identified by the
designation "BMUD" on the applicable official Collier County Zoning Atlas Map or
map series.
2.2.33.1
Purpose and intent. The purpose and intent of this district is to encourage
revitalization along the Bayshore Drive corridor by providing opportunities for small-
scale mixed use development. This district is intended to: revitalize the commercial
and residential development along this corridor; enhance the waterfront; encourage
on-street parking and shared parking facilities and provide appropriate landscaping
and buffering between the various types of uses; and protect and enhance the nearby
single-family residential units. The types of uses permitted are low intensity retail,
office, personal service and residential uses.
2.2.33.2
Applicabilit3,. These regulations shall apply to the Bayshore Drive Mixed Use
Overlay District as identified on Map 1 and further identified by the designation
"BMUD" on the applicable official Collier County Zoning Atlas Maps. Except as
provided in this section of the code, all other uses, dimensional and development
requirements shall be as required in the applicable underlying zoning category.
36
AGF. N~A ITeM
BAYSHORE DRIVE
MIXED USE OVERLAY DISTRICT
i
Map BMUD #1
3?
,.,.,=2.
DEC 1 3 2000
~. "¢2
2.2.33.3
2.2.33.4
Iljustrations used in this section are solely intended to provide a graphic example of a
specific standard or standards set forth herein and not as requirements the for style of
specifics projects. Variations from these iljustrations, which nonetheless adhere to
the provisions of this section, are permitted.
Subdistricts. There are three subdistricts identified within the Bayshore Mixed Use
District: Neighborhood Commercial; Waterfront; and Residential. The boundaries of
these subdistricts are identified on Map 1 and further identified by the designation
"BMUD" on the applicable official Collier County Zoning Atlas Map or map series.
Uses and standards for each subdistrict are specified. In the event that parcels are
assembled that include parcels fronting Bayshore Drive and extending to the end of
the overlay boundary, a mixed-use development is permissible and may include all of
the uses specified in the corresponding neighborhood commercial and residential
subdistricts, provided the most restrictive landscaping and buffering requirements will
apply to development abutting any residential district.
2.2.33.5
Neighborhood Commercial Subdistrict. The purpose and intent of this subdistrict is
to encourage a mix of low intensity commercial uses and residential uses.
Developments will be small-scale and pedestrian-oriented.
2.2.33.6
Permitted uses. For all of the properties located within the Neighborhood Commercial
Subdistrict, as indicated on Map 1, the Bayshore Drive Mixed Use Overlay District,
the following uses are permitted as of right in this subdistrict:
Do
Go
eo
fo
g°
h°
m°
oo
po
Accounting, auditing and bookkeeping services (8721).
Amusement and recreation services (groups 7911,7991,
Apparel and accessory stores (groups 5611-5699).
Barber shops (7241).
Beauty shops (7231).
Business services (groups 7311, 7313, 7322-7338, 7384).
Eating places (5812 except concession stands, contract feeding, dinner theaters,
drive-in restaurants, fast food restaurants, food service (institutional), industrial
feeding).
Food stores (groups 5411 except convenience stores, and supermarkets, 5421-
5499).
General merchandise stores (5331-5399).
Offices for engineering, architectural, and surveying services (groups 8711-
8713).
Health services (8011-8049, 8082).
Home furniture, furnishing and equipment stores (groups 5714-5719, 5731-
5736).
Hotels and Motels (7011 except hostels).
Insurance carriers, agents and brokers (groups 6311-6361,6411).
Legal services (8111).
Management and public relations services (groups 8741-8743, 8748).
Membership organizations (8611-8699).
Miscellaneous repair services, (7629, 7629 except aircraft, business ind office
So
to
machines, large appliances, and white goods such as refrigerators am
machines and 7631).
Miscellaneous retail services (5912, 5932 -5949, 5992-5999).
Museums and art galleries (8412).
38
DEC t 3 2000
u. Personal services (groups 7212, 7291)
v. Photographic studios (7221).
w. Public administration (groups 9111-9199, 9229, 9311, 9411-9451, 9511-9532,
9611-9661 ).
x. Real estate (groups 6531-6541).
y. Security and commodity brokers, dealer, exchanges and services (~roups: 6211-
6289)
z. Shoe repair shops and shoeshine parlors (7251).
aa. United States Postal Service (4311 except major distribution center).
bb. Veterinary services (groups 0742 veterinarian's office only, 0752 dog grooming
and pedigree record services only, all excluding outdoor kenneling).
cc. Videotape rental (7841)
dd. Residential with the following limitations: multi-family uses are permitted
above commercial uses on lots fronting Bayshore Drive, no single family units
are permitted on lots fronting Bayshore Drive
2.2.33.7
Prohibited uses All uses prohibited within the underlying residential and
commercial zoning districts contained within this District, and the following
additional uses, shall be prohibited in the Bayshore Drive Mixed Use Overlay
District:
ao
Do
po
Gasoline service stations (5541).
Outdoor storage or merchandising unless specifically noted
Drive-through establishments such as restaurants, banks, pharmacies, dry
cleaning, and other drive-through establishments.
Single-use "big box" establishments (over 15,000 sq. ft.)
Automotive dealers.(5511,5521 )
Automotive repairs (7532-7539,7549)
Boat Dealers (5551)
Carwashes.(7542)
Agricultural services (0711-0783)
Kennels and veterinary services.(0752,0279,7948)
Building material sales (5211)
Warehousing(4225)
Communication towers
Bars, lounges, bottle clubs (5921,5813).
Convenience stores. (5411)
Sexually Oriented Businesses. (As defined in Ordinance 91-83).
Laundromats.(7215)
Tattoo parlors.(7299)
Labor pools.(7363)
Homeless shelters or soup kitchens (8322 and 8361)
Commercial parking lots (7521) shall not be permitted on parcels that have
water access
Pawn Shops. (5932)
Title Loans. (6541)
Self and mini storage units. (4225-4226)
2.2.33.8Accessoo' uses.
39
BEg 3 2000
1. Uses and structures that are accessory and incidental to the permitted uses
allowed within in this subdistrict are allowed unless otherwise prohibited by this
subdistrict.
2. Properties immediately adjacent to Haldeman Creek may engage in boat rental
operations.
Conditional Uses. The following uses are permitted as conditional uses in the sub-
district subject to the standards and procedures established in division 2.7.4.
a. Child Care centers and adult day care centers (8351)
b. Churches and houses of worship (8661)
c. Increase ,,,,:,a;-~ ,,o;~t,,, ....: ....~,~:~,, ^r ~,~ ~,..,a~,~ f~nm feet in
2.2.33.9
2.2.33.10
Outdoor display and sale of merchandise. The following regulations govern the
outdoor display and sale of merchandise.
No automatic food and drinking vending machines or public pay phones are
permitted outside of any structure.
Newspaper vending machines will be limited to two machines per project site
and must be architecturally integrated within the project site.
Outdoor display and sale of merchandise, within front yards on improved
properties, are permitted subject to the following provisions:
A. The outdoor display/sale of merchandise is limited to the sale of
comparable merchandise sold on the premises and as indicated on the
proprietors' occupational license.
B. The outdoor display/sale of merchandise is permitted on improved
commercially-zoned properties and is subject to the submission of a site
development plan that demonstrates that provision will be made to
adequately address the following:
Vehicular and pedestrian traffic safety measures.
Location of sale/display of merchandise in relation to parking areas.
Fire protection measures.
Limited hours of operation from dawn until dusk.
Merchandise must be displayed in a vendor cart that complements
the architectural style of the building that it is accessory to.
Vendor carts located on sidewalks must afford a five-foot clearance
for non-obstructed pedestrian traffic.
2.2.33.11
Dimensional standards.
2.2.33.11.1
Minimum Yard requirements·
Front Yards- At five (5) feet, eighty (80) percent of the structure must be
located at the required front setback line. In-fill projects may vary from this
front setback line in order to keep a consistent front yard with adiacent exiting
structures.
Side Yards -Five (5) feet, except when abutting the residential di~
will be 15 feet.
4O
o
Rear Yards- Twenty (20) feet
Waterfront- Twenty-five (25) feet- outdoor seating areas, canal walkway, water
management facilities, and landscaping area may be located within the required
setback.
Buildings located on Bayshore Drive will have their first floor elevation level
with the sidewalk. The first floor of the buildings must be utilized for
commercial purposes.
Where possible buildings facing Bayshore Drive wrap around the comer as
depicted on Figure 1.
To allow the maximum use of the waterfront, building placement on a lot can
2.2.33.11.2Maximum DensirF. For the residential component- 12 units per acre as required by the
Growth Management Plan.
2.2.33.11.3 Minimum floor area. Seven-hundred (700) square foot gross floor area for each
building on the ground floor.
2.2.33.11.4 Maximum height of structures.
o
Commercial use buildings are limited to a maximum height of three stories or
forty-two (42) feet above the sidewalk grade to the building eave.
Buildings containing only Residential uses are limited to a maximum height of
three stories or forty-two (42) feet above the sidewalk grade to the building
eave.
Buildings containing mixed-use residential over commercial uses shall be
limited to a maximum height of four stories or 56 feet above the sidewalk grade
to the building eave.
First floor of the building at the sidewalk level shall be no less than 12 feet in
height from the finished floor to the finished ceiling and shall be occupied by
commercial uses only.
Buildings containing commercial or residential uses are required to a minimum
depth of 35 feet from the front setback line on all floors. The remaining depth
may be used for parking.
~G~A ITFJ~
2000
Figure 1- Plan of a typical comer lot development
ica
footprint
2.2.33.12 Parking Standards
o
o
3 spaces per 1000 square feet of floor area open to the general public for
commercial use
Minimum one (1) parking spaces for each residential unit.
Outdoor caf6 areas shall be exempt from parking calculations.
Access to the off-street parking facility must be from the local street unless
restricted due to lot size.
Should the property owner develop on-street parking spaces on local streets
within the same block of the project site, then each space so provided shall
count as one space toward the parking requirement of this subsection.
On-street parking on local streets excludin~ Bayshore Drive requires an
agreement with the County to use the public right of way for parking. Angle or
parallel parking (as depicted in Figure 2) is permissible based on the site
development plan as approved by the Planning Services Department and built to
County standards. The property owner must agree to maintain that portion of
the public right-of-way where the parking is located.
42
Figure 2 - Typical on-street parking on local streets
On-street parking on Bayshore Drive shall be made available to the property
owner on a first come first serve basis at the time of Site Development Plan
(SDP) or Site Improvement Plan (SIP) approval ~:~vl~d iti~ p~ng d~ not
Construction or renovation of any building must occur within 90 days of the
SDP or SIP approval and be completed within six months of commencement in
order to secure the on-street parking spaces. Due to circumstances beyond the
control of the applicant the property owner may request an extension from the
Planning Services Director. These spaces must be used toward the fulfillment of
the parking requirements set forth herein.
The off-site parking requirements of Section 2.3.4.11 of the LDC shall apply
except for the requirements of subsection 2.3.4.11 (4) (g). Vehicular egress
points may be located on local streets opposite residential homes provided they
are within the Bayshore Mixed Use Overlay District. Off-site parking facilities
outside of the BMUD are subject to all of the requirements of Sub-Section
2.3.4.11 of the LDC.
43
AGEh~A IT~.M
DY_8 } 3 2000
9. Shared Parking requirements shall be consistent with those provided in Section
2.3.5 of the LDC code except that the Planning Services Department Director
can approve or deny requests instead of the board of zoning appeals or planning
commission and under Section 2.3.5.3.3, shared parking spaces can be separated
by Bayshore Drive provide the two properties are located with the BMUD.
2.2.33.13 Landscaping- as required in division 2.4, shall apply unless specified otherwise
below:
2.2.33.13.1 Special buffer requirements for development areas contiguous to residentially zoned
property. A fifteen- foot wide landscape buffer area shall be required. This area shall
include a six (6) foot high wall, fence or berm, or combination thereof, a row of trees
spaced no more than 25 feet on center, and a single row of shrubs at least 24 inches in
height at the time of planting Landscaping shall be on the residential side of the wall.
2.2.33.13.2 Landscape buffer requirements for multifamily residential development adjacent
to single family residential property. A ten-foot- wide Type B landscape buffer with
narrow canopies proportionate to the narrow buffer space shall be installed.
2.2.33.13.3 Landscape buffer requirements where vehicular use areas abut the waterfront. A
double row hedge at least 24 inches in height at the time of planting and attaining a
minimum of three feet in height within one year shall be required.
2.2.33.13.4Rear Landscaping Requirements for neighborhood Commercial and Waterfront
Districts adjacent to the waterfront. A five foot Type D landscape buffer with a canal
walkway is required. The walkway shall be a minimum of six- feet- wide and consist
of an impervious surface walkway. Walkways must be designed and located to
provide an interconnection between adjacent properties wherever possible. Marinas
may be exempted from this provision due to safety provisions if approved by the
Planning Services Director.
2.2.33.13.5Landscape requirements for properties fronting Bayshore Drive. The intent is to
integrate the right- of- way and building front with decorative pavement that is
consistent with the Bayshore Beautification hardscape. Landscaping shall be
consistent with the Bayshore Beautification Plan.
2.2.33.13.6Landscape screening of mechanical equipment such as air-condition units.
Mechanical ~ment shall be screened with a fence that is _ ~~
be screened with a three-foot high hedge,
spaced three feet on center.
2.2.33.13.
7Landscape buffer requirements for marina development contiguous to residential
zoned property. A twenty- foot- wide landscape buffer area is required. Such buffer
must include a minimum six (6) foot high wall, fence, berm, or combination thereof, a
double row of trees spaced no more than 20 feet on center, and a double row of
shrubs at least 24 inches height at time of planting. Landscaping shall be on the
residential side of the wall.
DEC ! 3 2000
2.2.33.14 Special Provisions
Retractable awnings shall be exempt from fire sprinkler requirements. Fixed
awnings under 145 square feet shall be subject to sprinkler requirements but
only from the potable water supply without requirements for backflow
protection.
Loading docks and service areas shall not be allowed on the frontage line.
2.2.33.15
Architectural Standards
1. All buildings shall meet the requirements
2.
3.
4.
5.
set forth in division 2.8 unless
otherwise specified below:
All buildings adjacent to Bayshore Drive will have the principal pedestrian
entrance frontin _,, Bayshore Drive
35 percent of the building faq:ade that face Bayshore Drive will be clear glass
Attached building awnings may encroach over the setback line by a maximum
of five feet.
Neon colors shall not be used as accent colors
For buildings that abut the waterfront, the rear of the building will be treated as
a front fagade in applying architectural standards as provided in division 2.8,
unless otherwise specified.
2.2.33.16
Signs. Division 2.5 shall apply, unless specified below:
One wall sign shall be permitted for each single-occupancy parcel, or for each
establishment in a multiple-occupancy parcel provided such signs do not exceed
20 percent of the total square footage of the visual fagade of the building to
which the sign will be attached and shall not exceed 65 square feet in area.
In addition, hanging or projection signs are permitted provided such signs do
not exceed 6 square feet, and shall not project more than 4 feet from the
building in which the sign will be attached. This sign shall be elevated to a
minimum of 8 feet above any pedestrian way and shall not exceed a height of 12
feet.
No freestanding signs shall be permitted.
In addition, the vertical drip of an awning may be stenciled with letters no more
than 8 inches in height and not to exceed one-third of the length of the canopy.
Parcels adjacent to the waterfront may have one addition sign to be placed on
the faqade which faces the waterfront provided it meets all of the above
requirements.
Comer buildings or comer units within multiple tenant buildings may have one
additional wall sign provided both signs are not placed on the same wall.
No internally lit cabinet signs shall be permitted.
2.2.33.17
Waterfront Subdistrict - The purpose of this district is to allow maximum use of the
waterfront for entertainment while enhancing the area for use by the general public.
Development standards for the district are the same as those set forth for the
Neighborhood Commercial Subdistrict, unless set forth below. Developl
4S
~en~"TV'ff.~
subdistrict is encouraged to be a mix of restaurant and retail uses while allowing for
limited marina uses.
2.2.33.18 Permitted Uses
ao
Do
All uses permitted within the Neighborhood Commercial Subdistrict are
permitted.
Marinas. (group 4493. except all repair, storage and sales of boats must be
conducted in an covered area or area internal to the site.) Boats available for
rental purposes shall be located in the water or properly screened from the
roadways. No outside display of boats for sale or rent shall be visible from
Bayshore Drive.
2.2.33.19
Conditional Uses-Marina
a. Fuel Facilities (if permitted the fueling station canopy must be architecturally
consistent with the building design.)
b. Increased building height to maximum height of "-~ ~,,,.,,4..~ f~cmx r',~,t,,_ (50)
feet in the waterfront sub-district.
2.2.33.20
Special Conditions for marinas
a. All repair and storage shall not be visible from the local street.
b. All sales of boats shall occur in a covered area that is architecturally consistent
with the building it serves.
Boats available for rental purposes shall be located in the water or properly
screened from the local roadways.
No outside display of boats for sale or rent shall be visible from Bayshore
Drive.
All boat racks shall be enclosed.
2.2.33.21
Parking
1. Parking requirements are the same as those set forth in the Neighborhood
Commercial sub-district.
2. Marinas- one parking space per five dry boat storage spaces.
2.2.33.21.1. On-site traffic circulation system shall be provided that will accommodate areas
for the loading and unloading of equipment that will not encroach on residential
developments.
2.2.33.22
Residential Subdistrict. The purpose of this district is to encourage the development
of multifamily residences as a transitional use between commercial and single-family
development. The multifamily buildings shall be compatible with the building
patterns and faqade articulation of traditional neighborhood design. The intent is to
create a row of residential units with uniform front yard setbacks and access to the
street.
2.2.33.22.1 Permitted uses. The following uses are permitted as of right.
a. Single -family dwellings
b. Two-family dwellings
c. Townhouses
d. Multi-family dwellings
2000
2.2.33.22.2 Uses accessor3, to permitted uses.
Uses and structures that are accessory to and incidental to the uses permitted as
of right.
Private docks and boathouses subject to section 2.6.21 and 2.6.22.
2.2.33.22.3 Minimum lot width:
Single-family: 50 feet.
Two-family: 50 feet.
Townhouses 25 feet
Multi-family 100 feet.
2.2.33.22.4 Yard requirements. The following yard requirements shall apply and are in
relation to the platted property boundaries.
Front Yard At*Min. Side Yard Min. Rear Yard
7-1/2 feet unless
One (Single) Family
Dwelling Units 10 feet abutting commercial15 feet
property, then 5 feet
5 feet unless abutting
Two Family 10 feet single family unit,15 feet
Dwelling Units then 7.5 feet
0 feet when abutting
another townhouse, if
Townhouse 10 feet not then the same 15 feet
standards as a two
family dwelling unit.
Multiple Family 5 feet unless abutting
(Three or more) 10 feet single family unit,15 feet
Dwelling Units then 7.5 feet
*Shall be 10 feet from the property line to the building footprint.
2.2.33.22.5Minimum floor area:
750 square feet per unit
2.2.33.22.6 Maximum height of structures.(Measured from Federal Emergency Management
Agency (FEMA) to building eave)
Principal structures. Three habitable floors or a measure of 40 feet.
Accessor3, structures. 15 feet except for screen enclosures, which may be the
same height as the principal structure but in no event greater than 35 feet.
2.2.33.22.7
Minimum off-street parking.
Minimum off-street parking is one space per dwelling unit.
47
2000
There shall be no visible parking area from the frontage road.
2.2.33.22.8 On street parking requirements.(RESERVED)
2.2.33.22.9 Building placement and design. Buildings and their elements shall adhere to the
following: (See figure 3):
Buildings shall be divided using articulation and/or modulation at least every_
80 feet. Faqade modulation is stepping back or extending forward a portion of
the fagade at least 6 feet measured perpendicular to the front faqade for each
interval. Articulation includes porches, balconies, bay windows and/or covered
entries.
The primary residence shall be oriented to the street. Orientation is achieved by
the provision of a front faq:ade including an entry door that faces the street.
On comer lots, both street facades of a building shall have complementary
details; in particular, building materials and color, rooflines and shapes, window
proportions and spacing, and door placement.
All mechanical equipment must be screened with a three-foot height hedge
spaced three feet on center or an opaque fence or wall at any height to
completely screen the mechanical equipment.
Stem wall construction required, no monolithic construction allowed.
2.2.33.22.10 Elevation. Buildings shall adhere to the following elevation requirements:
The first habitable floor at the street faqade may not be greater than one foot
over the minimum first floor elevation designated in the National Flood
Insurance Program by the Federal Emergency Management Agency (FEMA). A
maximum of 40% of the first habitable floor may be greater than one foot over
the FEMA-designated minimum first floor elevation.
Open stilt-type construction is not permitted. On front yards, the fagade area
below the first floor must be treated with a solid facade or lattice which is
consistent with the architectural style of the building.
The garage floor shall not exceed 24 inches above the elevation of the right-of-
way from which it is accessed.
2.2.33.22.11 Front Porches. Front porches that adhere to the following standards may
encroach seven (7) feet into the front yard setback, with an additional three (3) foot
encroachment allowable for entry stairs.
o
Front porches must cover a minimum of 40% of the horizontal length of the
front yard fagade of the primary residence.
Front porch design and material shall be consistent with the architectural design
and construction material of the primary residence.
Front porches shall not be air-conditioned nor enclosed with glass, screen, or
other material.
Second-story porches are encouraged, but no enclosed room is permitted above
the front porch.
2.2.33.22.12
Garages and driveways.
48
The rear setback may be reduced to 10 feet if a front-access garage is
constructed on the rear of the residence.
Garage doors shall have a maximum width of 16 feet.
Only one driveway is allowed per 50 linear feet of front property line. The
driveway shall have a maximum width of 18 feet in the right-of-way area.
Other than the permitted driveway, the front yard may not be paved or
otherwise used to accommodate parking.
Garages shall be recessed a minimum of three (3) feet behind the front fa~;ade
of the primary residence.
No carports are permitted.
2.2.33.22.13 Accessor3, Units. An accessory units is a separate structure located at rear of the
property and related to the primary residence for uses which include, but are not
limited to: library, studio, workshop, playroom, or guest quarters. Owr~ership of an
accessory unit may not be transferred independently of the primary residence.
The following regulations regarding accessory units apply:
o
o
Only one accessory unit is permitted per primary residence.
The maximum area of an accessory unit is 550 square feet, limited to one
habitable floor.
The accessory unit may be above or on the side of a garage and may be
connected to the primary residence by an enclosed breezeway or corridor not to
exceed eight feet in width.
The maximum height of a structure containing a guest unit over a garage is
limited to 18 feet, measured from the level of graded lot to the eax~e, and with a
maximum overall building height of 24 feet to the top of the roof. A structure
containing only a guest unit is limited to one story and 10 feet, measured from
the FEMA first habitable floor height requirement to the eave, with a maximum
overall building height of 16 feet to the top of the roof.
For purposes of calculating density, an accessory unit will count as one-half a
dwelling unit.
2.2.33.22.14 Density ......... s .................. e, ..........................................
pha+t~qq~Maximum 12 units per acre, or as consistent with the Growth
Management Plan.
2.2.33.23
Effective Date. This section, known as the Bayshore Mixed Use Overlay District shall
not become legally effective until the Comprehensive Plan Amendment, which this
section is based on, becomes legally effective (Ordinance 2000- ).
49
2000
Figure 3-Typical front elevation for residential development.
5O
AGEr~,A i'[
DEC ! 3 2000
ORIGIN: Planning Services Staff
AUTHOR:
Ray Bellows, Principal Planner
DEPARTMENT: Planning Services
LDC PAGE:
Unknown at this time.
CHANGE: To create a Goodland Zoning Overlay District that reduces the maximum building
height from three (3) levels of habitable space to two (2) levels of habitable space for properties
zoned Village Residential (VR) in Goodland only. In addition, minimum lot area for single
family and mobile home lots in the "VR" District are reduced from 6,000 square feet to 4,275
square feet while the minimum lot width is reduced from 60 feet to 45 feet.
REASON: Based on a survey of 152 property owners in Goodland, a majority of the
respondents indicated their desire to have a zoning overlay that provides development standards
that maintains the small town - fishing village environment of Goodland. By limiting height of
new structures to two habitable levels, these new structures will be more compatible with the
existing structures. In addition, the reduction of the minimum lot area and lot width for the
Village Residential single family and mobile home lots are intended to make the pre-existing
non-conforming platted 4,275 square foot lots with a minimum lot width of 45 feet conforming
lots of record. Furthermore, any new subdivision will allows lots that reflect the currently platted
single family "VR" lots.
FISCAL & OPERATIONAL IMPACTS:
None.
RELATED CODES OR REGULATIONS:
LDC Division 2.2.9. (Village Residential)
Amend the Land Development Code as follows:
Sec. 2.2.34. GOODLAND ZONING OVERLAY (GZO) DISTRICT
2.2.34.1
2.2.34.2
Purpose and Intent: To create design guidelines and development standards that will
assure the orderly and appropriate development in the unincorporated area generally
known as Goodland.. The Goodland Zoning Overlay District (GZO) is intended to
provide regulation and direction under which the growth and development of
Goodland can occur with assurance that the tropical fishing village and small town
environment of Goodland is protected, and preserved and that development and/or
redevelopment reflect the unique residential and commercial characteristics of the
community
Geographic Boundaries: The boundaries of the Goodland Zoning Overlay District are
delineated on Map 1 below.
51
C R 892
H;LL
2.2.34.4.
Applicability: These regulations apply to the above-described geographic area. These
regulations are intended to supplement the existing land development regulations
found in the LDC. In the event of a conflict between other provisions of this Code
and these regulations, these regulations contained in this overlay shall control.
Development criteria. The development criteria and standards for each zoning district
in Goodland as provided for in this Code shall apply for all uses and structures in this
overlay district unless specifically superseded below.
2.2.34.4.1
Maximum building height. As provided for in the Village Residential Zoning District
for each permitted, accessory, and conditional use provided that no residential
building may contain more than two (2) levels of habitable space.
2.2.34.4.2 Minimum lot requirements. As provided for in the Village Residential Zoning District
for each permitted, accessory, and conditional use except for the following:
Single family/Mobile Home:
Minimum Lot area: 4,275 square feet.
Minimum Lot width: 45 feet.
52
AGEr,,~A ti ~
ORIGIN: Planning Services Staff
AUTHOR:
Ray Bellows
Principal Planner
DEPARTMENT: Planning Services
LDC PAGE:
Unknown at this time.
LDC SECTION: 2.2.35. Declaration Of A Partial Moratorium For Multi-Family Residential
Development The Goodland Area.
CHANGE: To declare a partial moratorium for properties zoned Village Residential (VR) in
the Goodland Area.
REASON: The Goodland Civic Association has requested that a multi-family residential
building moratorium be implemented for properties zoned "VR" Village Residential within
Goodland until such time as a zoning overlay regulating multi-family development is
implemented.
FISCAL & OPERATIONAL IMPACTS:
None.
RELATED CODES OR REGULATIONS:
LDC Division 2.2.34.
Amend the Land Development Code as follows:
Sec. 2.2.35.Declaration of a partial moratorium for multi-family residential development
the Goodland area.
2.2.35.1.Duration. For a period not to exceed one (1) year from the adoption of this Land
Development Code amendment.
2.2.35.2.Geographic scope of the of the Goodland area. The geographic scope of the
Goodland area shall be as follows:
Includes: All lands zoned "VR" Village Residential.
2.2.35.3.
Prohibited uses. The following use is hereby prohibited for a maximum one year
period while standards for the Goodland Zoning Overlay District are being
developed.
1. Multi-family Residential Dwellings.
Exemptions. Properties in all other zoning districts including single-family and other
uses in the Village Residential Zoning District. In addition, any multi-family use in
the Village Residential Zoning District in the Goodland area for which completed
applications for site development plan and/or building permits that were filed and
approved by the County prior to the adoption of the moratorium shall be processed o~, ~"~i':o~
and considered under the Land Development Code provisions as it existed an, was
effect prior to the effective date of this moratorium. ~o~...~ -
DEC 1 3 2000
2.2.35.4.
2.2.35.5. Map. The following map depicts the Village Residential Properties which are subject
to this moratorium within the Goodland area
:ISF
GOODLAND ZONING
0 VERLA Y
BOUNDARY
JM~P1
54
DEC i 3 2000
ORIGIN: Community Development & Environmental Service Division
AUTHOR: Michelle Edwards Arnold, Code Enforcement Director
DEPARTMENT: Code Enforcement
LDC PAGE: LDC2:145
LDC SECTION: 2.4.4.12
CHANGE: Add Carrotwood, Cupaniopsis anacardioides, to the Prohibited exotic species list
REASON: To reduce the problems associated with the invasive growth habit and high
maintenance costs of this plant
FISCAL & OPERATIONAL IMPACTS: The County would be required to remove this species on
it's own properties.
RELATED CODES OR REGULATIONS: None
2.4.4.12
2.4.4.12.1
2.4.4.12.2
2.4.4.12.3
2.4.4.12.4
2.4.4.12.5
2.4.4.12.6
2.4.4.12.7
2.4.4.12.8
2.4.4.12.9
2.4.4.12.10
2.4.4.12.11
2.4.4.12.12
Prohibited Exotic Species. In addition to the prohibitions outlined in section 2.4.4.11,
the following species or seeds thereof shall not be grown, offered for sale, or
transported inter-county or intra-county.
Melaleuca spp. (punk tree).
Schinus terebinthifolius (Brazilian pepper).
Any member of the family Casuarinaceae (Australian pine).
Rhodomyrtus tomentosa (downy rosemyrtle).
Dioscorea bulbifera (air potato)
Colubrina asiatica (lather leaf).
Lygodium spp. (climbing fern).
Syzygium cumini (Java plum).
Mimosa pigra (catclaw mimosa).
Acacia auriculiformis (earleaf acacia).
Albizia lebbeck (Women's tongue).
Cupaniopsis anacardioides (Carrotwood)
LDC AMENDMENT/ /
55
2000
ORIGIN: Community Development & Environmental Services
AUTHOR: Kim Maheuron, Environmental Specialist I
Nancy Siemion, Landscape Architect
DEPARTMENT: Planning Services
LDC PAGE: 2:151
LDC SECTION: 2.4.6. Minimum Landscaping Requirements for Communication Towers
CHANGE: To relocate and revise landscape requirements for Communication Towers.
REASON: To improve landscape screening of commtanication towers by requiring planting of
trees.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: 2.6.35.21. and 2.6.35.22 (Communication Towers)
Sec. 2.4.6. Minimum Landscaping requirements.
Landscaping for all new development, including single-family, two-family, multifamily and
mobile home dwelling units, shall include, at a minimum, the number of trees set forth below.
Areas dedicated as preserves and conservation areas shall not be counted to meet the
requirements of this section. Existing trees and other minimum code required landscaping may
be credited to meet these requirements pursuant to subsection 2.4.4.11. Trees shall meet the
requirements of section 2.4.4.2. Existing residential development that does not meet the
minimum landscaping requirements of this code shall be required to install the required
landscaping before a certificate of occupancy is granted for any improvements to the property.
2.4.6.1.
Residential developments. One canopy tree per 3,000 square feet of lot area, or two
canopy trees per lot, whichever is greater, with the maximum number required: 15
trees per lot.
2.4.6.2.
Multifamily developments. One canopy tree per 2,000 square feet of pervious site area
excluding preserves. This is in addition to other requirements.
2.4.6.3.
b~dustrial and commercial developments. One canopy tree per 3,000 square feet of
pervious site area, or one canopy tree per lot, whichever is greater.
2.4.6.4.
Communication towers. An 8' high, 100% architecturally finished opaque wall must
screen the security fencing that surrounds a tower base. In addition, landscaping
must be located on the outside of such wall. The hedge requirement must also be
planted around any ground level guy anchors. The entire perimeter of this wall shall
be landscaped in at least one of the following ways so as to provide the equivalent of
minimum code size trees located 25' o.c. and a 3' height hedge planted 3'
r 7. S t 3 2000
(a) If native vegetation is present within the lease parcel, a minimum 20' wide
buffer strip must be preserved and used toward meeting the tree and hedge
planting requirement.
(b) If native vegetation is present but not dense enough to meet the equivalent of
the tree and hedge requirement, it must be supplemented with plantings to meet
the tree and hedge requirements.
(c) On sites where no native vegetation is present, a 15' wide landscape buffer with
minimum code size trees located 25' o.c. and a 3' height hedge planted 3' o.c.
must be planted.
At the discretion of the County Landscape Architect, some or all of these landscape
buffering requirements may be displaced to a r.o.w. landscape buffer located within
the lease parcel when it better serves the public interest of screening the view of the
communication tower.
2.4.6.5 Littoral zone planting. All developments that create lake areas shall provide
littoral zone plantings of emergent, aquatic vegetation in accordance with Section
3.5.7.2.5.
2.4.6.5.6.
Building perimeter plantings. All shopping center, retail, office, apartments,
condominiums, clubhouses and similar uses shall provide building perimeter
plantings in the amount of 100 square feet per 1,000 square feet of proposed building
ground level floor area. These planting areas shall be located adjacent to the building
and shall consist of landscape areas, raised planters or planter boxes that are a
minimum of five feet wide. Water management areas shall not be a part of this five-
foot planting area.
(Ord. No. 96-66, § 3.D, 10-30-96)
57
AGE. N~A IT ~,4
DEC 1 3 2000
ORIGIN: Community Development & Environmental Services
AUTHOR: Nancy Siemion, Landscape Architect
DEPARTMENT: Planning Services
LDC PAGE: 2:152:1 and 2:152:2
LDC SECTION: 2.4.7.4. Types of Buffers
CHANGE: Replace the word "minimum" with the correct word "maximum" to describe spacing
of hedge material in an Alternative B landscape buffer. Require landscaping along internal roads
of commercial developments. Require landscaping on the outside of fences or walls that front
major roadway corridors.
REASON: Clarify maximurn/minimum spacing on Alternative B hedge requirements. To
clarify requirement of landscaping along internal roads of commercial developments.
Landscaping is now being required along the outside of fences facing major street corridors in
response to complaints about fences without landscaping being installed.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
2.4.7.4.
Types of buffers. Within a required buffer strip, the following alternative shall be used
based on the matrix in table 2.4.
Alternative A: Ten-foot-wide landscape buffer with trees spaced no more than 30 feet on center.
Alternative B: Fifteen-foot-wide, 80 percent opaque within one year landscape buffer six feet in
height, which may include a wall, fence, hedge, berm or combination thereof, including trees
spaced no more than 25 feet on center. When planting a hedge, it shall be a minimum of ten
gallon plants five feet in height, three feet in spread and spaced a m~n:~mt:m maximum four feet
on center at planting.
Alternative C: 20-foot-wide, opaque within one year, landscape buffer with a six-foot wall,
fence, hedge, or berm, or combination thereof and two staggered rows of trees spaced no more
than 30 feet on center.
Alternative D: A landscape buffer shall be required adjacent to any road right-of-way external to
the development project and primary access roads internal to a commercial development. Said
landscape buffer shall be consistent with the provisions of the Collier County Streetscape Master
Plan, which is incorporated by reference herein. The minimum width of the perimeter landscape
buffer shall vary according to the ultimate width of the abutting right-of-way. Where the ultimate
width of the right-of-way is zero to 99 feet, the corresponding landscape buffer shall measure at
least ten feet in width. Where the ultimate width of the right-of-way is 100 or more feet, the
corresponding landscape buffer shall measure at least 15 feet in width. Developments of 15 acres
or more and developments within an activity center shall provide a perimeter landscape~~lYC'~_.~!~'7i~:iJ,~---'~
at least 20 feet in width regardless of the width of the right-of-way. Activity center right-of-way
buffer width requirements shall not be applicable to roadways internal to the development.
Trees shall be spaced no more than 30 feet on center in the landscape buffer abutting a right-of-
way or primary access road internal to a commercial development.
A hedge of at least 24 inches in height at the time of planting and attaining a minimum of three
feet height within one year shall be required in the landscape buffer where vehicular areas are
adjacent to the road right-of-way, pursuant to section 2.d.d.2.2.4.4.4.
Where a fence or wall fronts an arterial or collector road as described by the transportation
circulation element of the growth management plan, a continuous single row hedge a minimum
of 24" in height spaced 3 feet on center, shall be plant,~d along the right-of-way side of the fence.
The required trees shall be located on the side of the fence facing the right-of-way. Every effort
shall be made to undulate the wall and landscaping design incorporating trees, shrubs, and
ground cover into the design. It is not the intent of this requirement to obscure from view
decorative elements such as emblems, tile, molding and wrought iron.
The remaining area of the required landscape buffer shall cons.;gt of must contain only existing
native vegetation, grass, ground cover, or other landscape treatment. Every effort should be made
to preserve, retain and incorporate the existing native vegetation in these areas.
59
2000
ORIGIN: William Hoover, AICP, representing Centrefund Development Corporation.
AUTHOR: William Hoover, AICP; Nancy Siemion, Current Planning Services, Landscape
Architect
DEPARTMENT: Planning Services
LDC PAGE: 2:152:1
LDC SECTION: 2.4.7.4. Types of Buffers
CHANGE: Eliminate the requirement for a six-foot height barrier from a Type C Landscape
Buffer when such buffer is located within a Neighborhood Subdistrict in Golden Gate Estates.
REASON: The Neighborhood Cehter Subdistrict located in Golden Gate Estates is required by
the Comprehensive Plan to provide a Type C Landscape Buffer adjacent to the right-of-way.
Part of the Type C Landscape Buffer requirement is for a six-foot wall, fence, hedge, or berm, or
combination thereof. This six-foot barrier limits the ability of the sheriffs department to do
drive by surveillance of the businesses.
RELATED CODES OR REGULATIONS: None
2.4.7.4.
T37~es of buffers. Within a required buffer strip, the following alternative shall be used
based on the matrix in table 2.4.
Alternative A: Ten-foot-wide landscape buffer with trees spaced no more than 30 feet on center.
Alternative B: Fifteen-foot-wide, 80 percent opaque within one year landscape buffer six feet in
height, which may include a wall, fence, hedge, berm or combination thereof, including trees
spaced no more than 25 feet on center. When planting a hedge, it shall be a minimum of ten
gallon plants five feet in height, three feet in spread and spaced a maximum four feet on center at
planting.
Alternative C: 20-foot-wide, opaque within one year, landscape buffer with a six-foot wall,
fencc, hedge, or berm, or combination thereof and two staggered rows of trees spaced no more
than 30 feet on center. Projects located within the Golden Gate Neighborhood Centers District
shall be exempt from the Right-of Way requirement of a six-foot wall, fence, hedge, berm or
combination thereof. These projects shall provide a meandering Type D landscape buffer hedge.
.In addition, a minimum of 50% of the 25' wide buffer area shall be composed of a meandering
bed of shrubs and ground covers other than grass.
Alternative D: A landscape buffer shall be required adjacent to any road right-of-way external to
the development project and primary access roads internal to a commercial development. Said
landscape buffer shall be consistent with the provisions of the Collier County Streetscape Master
Plan. which is incorporated by reference herein. The minimum width of the perimeter landscape
buffer shall vary according to the ultimate width of the abutting right-of-way. Where the ultimate
width of the right-of-way is zero to 99 feet, the corresponding landscape buffer shall me~
least ten feet in width. Where the ultimate width of the right-of-way is 100 or more feet,
corresponding landscape buffer shall measure at least 15 feet in width. Developments of
60
:he ~o ._.~_~_
5 acr6§
OEC i 3 200O
or more and developments within an activity center shall provide a perimeter landscape buffer of
at least 20 feet in width regardless of the width of the right-of-way. Activity center right-of-way
buffer width requirements shall not be applicable to roadways internal to the development.
Trees shall be spaced no more than 30 feet on center in the landscape buffer abutting a right-of-
way or primary access road internal to a commerci~tl development.
A hedge of at least 24 inches in height at the time of planting and attaining a minimum of three
feet height within one year shall be required in the landscape buffer where vehicular areas are
adjacent to the road right-of-way, pursuant to section 2.4.4.4.
61
2000
ORIGIN: Community Development & Environmental Services
AUTHOR: Chahram Badamtchian, Ph.D., AICP
DEPARTMENT: Planning Services
LDC PAGE: LDC2:155
LDC SECTION: 2.5.5.1.6.
CHANGE: Allowing artistic expressions and architectural embellishments on walls of
residential subdivisions.
REASON: The Collier County Land Development Code does allow up to 2 signs with a
maximum combined area of 64 square feet. The Code does not provide for any architectural and
artistic embellishments on walls built around residential subdivisions. A great number of
developments have asked for permit to enhance their walls with those pictorial embellishments.
Since the Code does not provide for this types of artistic expressions their request were denied.
FISCAL & OPERATIONAL IMPACTS: This minor amendment should have no fiscal or
operational impact.
RELATED CODES OR REGULATIONS: None..
Amend Section 2.5.5.1.6. as follows:
2.5.5.1.6.
On-premises signs within residential districts. Two ground signs with a maximum
height of 8 feet or wall residential entrance or gate signs may be located at each
entrance to a multi-family, single-family, mobile home or recreational vehicle park
subject to the following requirements:
Such signs shall contain only the name of the subdivision, the insignia or motto
of the development and shall not contain promotional or sales material. Said
signs shall maintain a 10-foot setback from any property line unless placed on a
fence or wall subject to the restriction set forth in section 2.6.11. Furthermore,
bridge signs located on private bridges directly leading to private communities
shall not be considered off-premise signs. Bridge signs complying with the
requirements of Section 2.5.5.1.6 may be substituted for ground of wall signs in
residential districts.
The ground or wall signs shall not exceed a combined area of 64 square feet,
and shall not exceed the height or length of the wall or gate upon which it is
located.
Logos (without any verbal content) and similar architectural features less than
10 square feet in area not containing any letters or numbers shall not be
considered signs and shall be allowed throughout the development. However,
should such architectural embellishments be located closer than 10 fe~
sign, then it should be considered an integral part of the sign and shall'
subject to the restriction of this Section.
62
be
DEC ! 3 2000
ORIGIN: Community Development and Environmental Services
AUTHOR: Ross Gochenaur, Planner II
DEPARTMENT: Planning Services
LDC PAGE: 2:178
LDC SECTION: 2.6.4.2. (Minor after-the-fact yard encroachments)
CHANGE: Add language stating that the criteria for administrative approval of encroachments
for structures for which a certificate of occupancy (C/O) has been granted will apply to the
required yard (setback) at the time of approval of the C/O.
REASON: Structures built and permitted under previous codes, in zoning districts where the
setbacks have become more restrictive, are occasionally found with minor encroachments into
the original required yard(s). Generally, spot surveys, which determine that the structure meets
setback requirements prior to issuance of a C/O, were not required at the time that these
structures were built. The structures therefore do not enjoy legal, nonconforming status, and an
after-the-fact variance is required to grant legal status, either conforming or nonconforming. The
addition of this language would allow these structures to be granted legal nonconforming status
administratively, by applying the same dimensional criteria to the setbacks used at the time of
construction, instead of requiring the property owner to go through the costly and time-
consuming process of applying for an after-the-fact variance that would almost certainly be
granted.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: Division 1.8 (Nonconformities)
2.6.4.2. Minor after-the-fact yard encroachments
2.6.4.2.1
Minor after-the-fact yard encroachments may be approved administratively by the
development services director. For the purposes of this subsection, minor yard
encroachments shall be divided into two classifications:
Structures for which a certificate of occupancy has not been granted. The
development services director may administratively approve minor after-the-
fact yard encroachments of up to 5 percent of the required yard, not to exceed
a maximum of 6 inches.
Structure., for which a certificate of occupancy or a final development order
has been granted. The development services director may administratively
approve minor after-the-fact yard encroachments of up to ten percent of the
yard required ....a
.,,.... as of the date on which the certificate of occupancy or final
development order was granted, not to exceed a maximum of two feet.
LDC AMENDMENT/ /
63
OEC ! 2000 ,
ORIGIN: Community Development & Environmental Services
AUTHOR: Ross Gochenaur, Planner II
DEPARTMENT: Planning Services
LDC PAGE: 2:183- 2:185
LDC SECTION: 2.6.11. Fences
CHANGE: 1) Amend language to correct scrivener's error in Section 2.6.11.2.4. of previous
amendment. 2) Cross-reference fencing standards specified in Division 2.8 (Architectural & Site
Design Standards & Guidelines for Commercial Buildings & Projects). 3) Delete the
requirement that the finished side of a fence must face any adjoining lot (but retain the
requirement that the finished side must face an abutting right-of-way).
REASON: 1) Language indicating fence height limitations for front and side yards of comer
lots was inadvertently omitted. This change corrects that omission. 2) The fencing standards in
Division 2.8 have occasionally been accidentally overlooked. The proposed change reduces the
likelihood of this reoccurring.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
Sec. 2.6.11. Fences.
2.6.11.1.Fences in residential districts. Fences or walls shall be allowed in all zoning districts
subject to the restrictions set forth ,:n section[s] 2.6.11.2-2.6.11.5.
2.6.11.2.
Residential districts. For the purposes of this section, residential districts shall
include: RSF residential single-family; RMF-6, RMF-12, and RMF-16 residential
multiple-family; RT residential tourist; VR village residential; MH mobile home;
TTRVC travel trailer-recreational vehicle park campground; and residential
increments of PUD residential planned unit development districts. Fences and walls
placed within required yards shall be subject to the following:
2.6.11.2.1. Fences or walls on all lots greater than one acre in area may reach a maximum
height of 6 feet.
2.6.11.2.2.
For non-waterfront interior lots one acre or less in area, fences or walls may reach
a maximum height of 6 feet for side and rear yards, but are limited to 4 feet within the
required front yard.
2.6.11.2.3.
For waterfront lots one acre or less in area, height limits are as for non-waterfront
lots, but with the additional restriction that fences or walls within the required rear
yard are limited to 4 feet.
t 2000
2.6.11.2.4.
For comer lots one acre or less in area, which by definition have only from yards and
side yards, fences within required front yards are limited to 4 feet, with the exception
that any portion of a front yard fence within the safe sight triangle described in
section 3.2.8.3.22 is restricted to 3 feet in height. (Two sides of this triangle extend 30
feet along the property lines from the point where the right-of-way lines meet, and the
third side is a line connecting the other two.) Fences within required side yards may
reach 6 feet.
2.6.11.2.5.
Barbed wire, razor wire, spire tips, sharp objects, or electrically charged fences shall
be prohibited, except that the board of zoning appeals may allow the use of barbed
wire in conjunction with chainlink fencing for facilities where a security hazard may
exist, such as a utility substation, sewage treatment plant, or similar use.
2.6.11.3.
Agricultural districts. For the purposes of this section, agricultural districts shall
include: A agricultural; E estates; and CON conservation districts. Fences and walls
within agricultural districts shall be exempt from height and type of construction.
2.6.11.4.
Commercial and industrial districts. For the purposes of this section, commercial and
industrial districts shall include: C1/4:, C-2, C-3, C-4, and C-5 ~ commercial
districts; I industrial district; and P public use district; and commercial and industrial
tracts or increments of PUD planned unit development. All fences or walls in
commercial zoning districts, and all fences and walls on industrial zoned parcels
which industrial parcels or tracts abut arterial or collector roads, must also comply
with the provisions of Sections 2.8.3.3.3.1. and 2.8.4.2.3.1. (Fencing standards), and
2.4.7.4 (Types of buffers) . Unless otherwise provided all commercial and industrially
designated lands in PUD'S, Planned Unit Development shall comply with these
provisions.
2.6.11.5.
All districts. Whenever a property owner elects to erect a chain link fence pursuant to
the provisions of Sec.2.6.11 adjacent to an arterial road in the urban coastal area said
fence shall not be located nearer than three (3) feet to the right-of-way/property line,
and said fence shall be screened from view by planting a vegetative hedge a minimum
of thirty (30) inches in height at planting spaced at a distance that will achieve an
opacity rating of 80 percent within one year of planting. An irrigation system shall be
installed to insure the continued viability of the vegetative hedge as a visual screen of
the chain link fence.
2.6 1 I. LDC AMENDMENT/RG
65
AGEND.~TEM
DEC 1 3 2000
ORIGIN: Planning Services Staff
AUTHOR: Teresa Riosen, Solid Waste Manager and Ronald F. Nine, Current Planning
Manager
DEPARTMENT: Planning Services Department
LDC PAGE: LDC2:186.4 and LDC2:187
LDC SECTION: 2.6.15. Solid WasteDisposal
CHANGE: Amend Section 2.6.15. to allow solid waste compactors as an acceptable solid waste
disposal method.
REASON: To acknowledge solid waste compactors as an acceptable solid waste method.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS:
Amend Sec. 2.6.15. as follows:
Sec. 2.6.15. Solid waste disposal
Pursuant to Ordinance No. 90-30, as amended. S_solid waste disposal shall be required in
the form of bulk container service (garbage dumpsters and/or compactors) for all
commercial establishments and multi-family projects ..... :-:-- c'"e ,more dwelling
.... :~., ;. ~.~;.~ ......a .....,~,;~. ~r ~a ....., ...........facilitate not receiving
curbside ckup ....................................have ..........location other t~n
............. : .........,~ .....; ......:,,~a ~: ....S lidp h
.................... , ................v .................o Waste Dis osal s all be
required in the form of curbside pick up for all other housing types.
2.6.15.3.
2.6.15.4.
Minimum requirements and 1ocational restrictions. In the case of multifamily
developments ..,at. .....t.~. r .......: ............
............................ per ..........that do not receive curbside
service pick up and choose to use dumpster service, at least one standard size bulk
container (dumpstot) per every ten units shall be required. All such containers are
subject to the following 1ocational restrictions.
Solid waste bulk containers (garbage dumpsters) shall be permitted in all zoning
districts.
Solid waste bulk containers may be located within a required yard prov
do not encroach into a required landscape area, and further provide that
no blockage of the view of motorists or pedestrians so as to constitute a
66
ded thoy,.o,. ITO~
ther~c~-
hazard.
! 3 2000
do
In the case of multi-family developments containing more than one structure, no
solid waste bulk container (garbage dumpster) shall be located greater than 500
feet from the structure it is intended to serve.
In case of multi-family developments that do not use curbside pickup and that
choose to use compactor service the following restrictions apply:
ii.
iii.
Solid waste compactors shall be permitted in all zoning districts.
In the case of individually owned multi-family units (condominiums), the
owner may utilize a compactor instead of curbside pickup or dumpsters.
Compactor service shall only be instituted by the developer prior to the
sale of the first unit. A change from curbside or dumpster service to
compactor service would require a majority vote by the homeowner'a
association.
In the case of multi-family developments (rental units) containing more
than one structure, the owner may permit a compactor instead of
dumpsters at any time.
2.6.15.4.1 Solid waste bulk containers (dumpsters) may be substituted by individual solid waste
disposal service (unit by unit curbside pick-up) subject to the following:
In the case of individually owned multi-family dwelling units (condominiums),
individual (curbside) solid waste disposal service may be substituted for the
required bulk containers (dumpsters and/or compactors) upon documentation
that the subject unit or condominium association, having been turned over from
the developer to the residents, has voted in the majority to eliminate the use of
dumpsters and/or compactors in favor of individual curbside service for all or
part of particular development, subject to acceptance fram both by the Collier
County Solid Waste Department. and the waste 5aaler. Additionally, the
association shall demonstrate that there is adequate access to facilitate curbside
pickup and that all individual units have an enclosed location other than the
residential structure, such as a carport or garage, for the storage of individual
solid waste containers.
In the case of multi-family rental units ~,,,t. ~,;a .....,~ a; .....,·
the owner may utilize a compactor instead of a dumpster at any time.
In the case of a commercial use bulk solid waste disposal containers (dumpsters)
shall be used unless an alternative methodology for solid waste pick-up is approved
by the Collier County Solid Waste Department and the waste hauler.
(Ord. No. 92-73,
Code reference--Solid waste, ch. 118.
§ 2; Ord. No. 94-58, § 3, 10-21-94; Ord. No. 98-63, § 3.D, 6-24-98)
t ! 3 2000
67
ORIGIN: Community Development and Environmental Services
AUTHOR: Ross Gochenaur, Planner II
DEPARTMENT: Planning Services
LDC PAGE: (Don't know: we haven't gotten the supplement yet)
LDC SECTION: 2.6.21. Dock Facilities
CHANGE: Add language stating that non-residential docks are subject to all of the provisions
of Section 2.6.21, except for protrusion limits, which will be determined administratively by the
Planning Services Director at the time of SDP review.
REASON: Non-residential docks have never been directly addressed by the LDC. This change
corrects that oversight and provides language describing what has, in effect, been Planning
Department policy for dealing with these docks.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
Sec. 2.6.21. Dock Facilities
2.6.21.1.
Individual or multiple private docks, including mooring pilings, davits, lifts and the like
are permitted to serve the residents of a development on canal or waterway lots, provided
they do not protrude more than the respective distances specified in sections 2.6.21.2, and
2.6.21.3, for such canal or waterway. Docks and the like are primarily intended to ..
adequately secure moored vessels and provide safe access by users for routine
maintenance and use while minimally impacting the navigability of the waterway, the
native marine habitat, manatees, and the use and view of the waterway by surrounding
property owners. Permitted dock facility protrusions as well as extension of dock
facilities are measured from the property line, bulkhead line, shoreline, seawall, rip-rap
line, or Mean High Water line, whichever is more restrictive. On unbridged barrier
islands, a boat dock shall be considered a permitted principal use; however, a dock shall
not, in any way, constitute a use or structure which per,nits, requires, and/or provides for
any accessory uses and or structures. Boathouses and dock facilities proposed on
residentially zoned properties as defined in section 2.1.4 of this Code, shall be considered
an accessory use or structure. Boathouses shall be required to be approved through the
procedure and criteria in section 2.6.21.3 and 2.6.21.4.
2.6.21.1.2
Non-residential dock facilities shall be subject to all the provisions of section 2.6.21, with
the exception that protrusions for non-residential dock facilities beyond the specified
limits shall be determined administratively by the Planning Services Director at the time
of Site Development Plan review, based on an evaluation of the criteria in section
2.6.21.3.
2.6.21.2.
Dock facility requirements and restrictions. The following criteria apply toatocM.£ac, i4i4i~ ;~ ....
and boathouses, with the exception of boat dock ~acmnes on manmaae ~aK{~s anaomer~
manmade bodies of water under private control.
ORIGIN:
AUTHOR:
DEPARTMENT:
LDC PAGE:
Development Services Advisory Committee
Fred Reischl, AICP
Senior Planner
Planning Services
LDC 2:212 to LDC 2:214
LDC SECTION: 2.6.33.8. Motion Picture/Television Production
CHANGE: Amend Motion picture/television production section. Changes include the section
title, limiting the required permit to commercial production, clarification of the insurance
requirement, including information on the application to assist the County in obtaining future
film production, and permitting the Risk Management Director to determine if the insurance
requirement is commensurate with the production (currently determined by the BCC).
REASON: To clarify the permit requirements and to eliminate the need for a permit for
filming without sets, props or lights.
FISCAL & OPERATIONAL IMPACTS: None.
RELATED CODES OR REGULATIONS: None.
Amend the Land Development Code as follows:
2.6.33.8. ~'ao';o~ ~; ......~'~-';~; .....~ ....;^" Film permit.
2.6.33.8.1.
Permit required ~.T .......n ........: .........:~,,;.. ~,ou ,~.~
.... ~, .................~,~,~t ..............................still or
............. ~ ..................... e .......... v ........ A permit shall be required for
the following, in con]unction with commercial motion picture, film, television, video
or still photography production: the use of set scenery, temporary structures, u ..,;~.
~ or other apparatus, special effects, or closure of public streets or
accessways. This code shall not apply to bona fide newspaper, press association,
newsreel or television news media personnel, nor to properties that have been zoned
to allow motion picture/television filming as a permitted use.
2.6.33.8.2.
Application for permit; contents. Any person, firm, corporation, association or
governmental eEtity desiring to obtain a permit shall apply to the zoning Planning
Services director; and said application shall include but not be limited to the
following.
1. Name, address (including local address) and telephone number of applicant.
Proof of comprehensive general liability insurance coverage in the amount of
at least $1,000,000.00 combined single limit, with Collier County nan
additional insured. The applicant shall provide to the Planning Servic~
69
:, 3 2000
11.
12.
13.
14.
15.
Director a certificate of insurance evidencing that said insurance is in
existence and certifying that Collier County be given 30 days' notice prior to
the expiration or cancellation of the policy.
Special effects to be utilized, especially incendiary or explosive devices, with
proof ~ r~n of not less than $5,000,000.00 comprehensive general liability
· ox L,..,Li ~
insurance combined single limit with Collier County listed as additional
insured. In addition, the application shall list the person in charge
(pyrotechnician) of such special effects, together with his qualifications and
u ...... .: .... :~ license .b-y from the applicable federal and/or state
agencies, and authorization from the local fire district permitting the event.
Locations, dates and hour of filming scene t.o 5e f:Imed.
The following information is required by the Planning Services Director,
unless waived:
a. A .4 .... :_,: .... a ~, .... h conceptual plan indicating the location of film
events and parking facilities provided.
r~n of structures on subject site(s).
b. Plans for construction or utilization or ,v., __
c_.Number, type and location of sanitation facilities to be provided. Plans for
disposal of refuse and debris, and restoration of the site(s) to its original
condition.
d_.. Provide a description of any lighting facilities that would be necessary
and/or the need to disconnect any public lighting.
e. Describe any use which may encroach into environmentally sensitive areas.
f__. Approximate number and type of vehicles and/or equipment to be used and
any special parking requirements. The number of personnel to be on location
with the production.
g=_. Necessity for closures of public streets or sidewalks and for what duration
and location.
h_.Indicate any utilization of aircraft/fixed-wing, helicopter, or balloons at the
subject site(s).
i_List of county personnel or equipment requested, and an agreement to pay
for extraordinary services provided by Collier County.
~Provisions for traffic control, fire safety and security precautions.
k_.If located on private property, not under the county's ownership or control,
a written notarized agreement will be required from the property owner to
allow the filming to occur on his property.
70 DEC I 3 2000
1. Additional information requested to assist Collier County in obtaining.
future film production.
2.6.33.8.3.
i ppli ........ ;c; ....,~,~; .........r ~
Insurance requ rements. The a cant shall, '~ a v ....-~ .......................
per-mitT, maintain in force at all times during the permit period a comprehensive
general liability policy with limits other than those described in ro,,~, .... ;,,~ f~,~ o,,4
~aJoo',~i~ Section 2.6.33.8.2 as determined ~ by the Risk
Management director ef t~e risk management ~iv~gion upon a review of the p~iculm
circumstances involved --~ de .... :~ by '~ ~ ~r ..... , ...... :,.~ ..... Said
ppli ........ :~:' ....~: .........r .....:' shall provide to the ~
a cant, as a v ....~ ........................v .......,
Planning Se~ices director a certificate of insurance evidencing that said insurance is
in existence and certifying that Collier County is a named insured and that Collier
County be given 30 days' notice prior to the expiration or cancellation of the policy.
Any additional insurance require nents for filming on private property will be at the
discretion of the affected prope~ owner.
2.6.33.8.4.
Indemnification. The applicant shall be required to indemnify and hold harmless
Collier County, its officers, agents and employees from and against all claims, suits,
actions, damages, liabilities, expenditures or causes of action arising out of or
occurring during the activities of applicant under a permit issued hereupon in the
form and manner provided by the z-ommg~ Planning Services director.
2.6.33.8.5. Permit fee. No permit fee shall be required. Any additional license or user fees which
have been established for county-owned land or facilities shall be in effect.
2.6.33.8.6.
Issuance of permit. Upon presentation of the completed application, proof of
insurance, payment of permit fee, surety bond or cash payment in lieu of the bond and
review by the zoning Planning Services director, the permit may be issued. If the
z-orate Planning Services director determines that the use of public or private
property could affect the public's use of the property, or have potential adverse
impacts on surrounding properties, then he may require that the permit application be
scheduled for a public hearing before the board of county commissioners. The special
circumstances could include, but are not limited to, closure of a public street or
accessway; use of special effects, including incendiary or explosive devices; a large
production crew or crowd control; and increased liability insurance required. The
notice for the public hearing shall be advertised in a newspaper of general circulation
in the county at least one time 15 days prior to the hearing.
2.6.33.8.7.
Suspension of permit. Failure to comply with the terms and conditions of the
temporary use permit once issued shall be grounds for immediate suspension of the
permitted activity until such time as the noncompliance is remedied. The suspension
shall be initially communicated ovagt.y verbally, followed by a written suspension
order; and continued failure to comply with the terms and conditions of the permit
may result in revocation of the permit.
2.6.33.8.8.
Costs for extraordinary services. The county shall recover direct costs for
extraordinary services rendered in connection with a production. Such costs shall
include, but not limited to, charges for personnel and/or equipment committed in
support of the production, which are outside the normal scope of governmen
services. Based on the information contained in the permit application, an es'
these costs will be provided to the applicant prior to issuance of this permit.
71
county may require prepayment of all or a portion of these estimated costs prior to
issuance of the permit. At the conclusion of the production, actual costs below or in
excess of the estimates will be refunded by the county or paid by the applicant,
respectively.
2.6.33.8.9. Surety bond. A surety bond in the a._E_n amount to be determined by Collier County and
issued by a company authorized to issue bonds in Florida or cash payment in lieu of
the bond ';.'ill may be required by the Planning Services Director a company
.,,,,.~.~;~ ,^; .....~.~_a,. ;. ~..;a ......h ........;. ~; ....c ,u~ ~.a provide for
cleanup anWor restoration of the subject site(s).
72
ORIGIN: Community Development and Environmental Services
AUTHOR:
Ronald F. Nino, AICP
DEPARTMENT: Planning Services
LDC PAGE:
LDC 2.214
LDC SECTION: 2.6.34. Annual Beach Events Permit (NEW)
CHANGE: To amend the Land Development Code for the purpose of adding a new section to
establish a special type of annual beach or semi-annual temporary use permit for commercial
lodging facilities fronting the Gulf of Mexico, Section 2.6.34.
REASON: The hotel industry, in particular those hotels fronting the Gulf of Mexico, regularly
have special events which take place on the beach. In order to maintain unimpeded public access
along the beach, to address other possible concerns to neighbors including lighting & noise, and
because this activity may have an effect upon the natural beach systems, and flora and fauna,
particularly during sea turtle nesting season, it is important that a process be established to insure
oversight review by the County. At the same time, however, this procedure recognizes the
business needs of commercial properly owners whose economic well-being is interdependent
with their ability to conduct these function on the beach. The Planning Department, in response
to inquiries by the hospitality industry and concerns expressed by Code Enforcement, Planning
& Natural Resources Department Environmental staff, created a task team to review these issues
and develop a process that would: ensure the following: appropriate regulatory oversight;
protection of beach resources, particularly dune vegetation and sea turtle nesting sites;
unimpeded public access to traverse the beach; minimum intrusion on neighboring properties;
and a process that is not overly bureaucratic. The task team worked with the industry to develop
the proposed process.
While technically a temporary use special event permit is required for each of these events, the
circumstance are slightly different in that using the beach-front commercial property for hotel
function is a permitted accessory use to the primary lodging & resort function of these properties.
An annual or semi-annual permit has been crafted for recording all events on a monthly bases
with safeguards in place to protect the public interest and allow county personnel to monitor the
events. The regulations crafted recognize the unique relationship that hotels along the Gulf of
Mexico enjoy and acknowledge their right to operate events which utilize this resource. For the
County's pan the structure crafted provides notice and special regulation during turtle nesting
season and will in our opinion be a more effective way of dealing with those uses of beach
property.
FISCAL & OPERATIONAL IMPACTS: A fee schedule has been proposed which accounts
for the fact that the issuance of a permit for a multiple of calendar day events will off-set
administrative costs which the county will encounter in its oversight role. This schedule of fees
will be reviewed after some period of evaluation to determine whether or not the fees cover our
costs. The fee schedule provides a fee the is reduced by 10% when a multiple-day permit is
purchased. This 10% fee reduction for multiple-event permit is justified by the fact that the staff
review time is reduced.
RELATED CODES OR REGULATIONS: LDC 3.14.3
73
DEC ! 3 2000
Amend the Land Development Code as follows:
2.6.34.1. Annual Beach Events Permit:
2.6.34.1.1.
The owner of beach-front commercial hotel-resort property may apply for an Annual
Beach Events Permit. The Planning Services Director, or his designee, may grant the
permit following review of an application for such permit. The application shall be
submitted on the form prescribed by Collier County together with the applicable fee
for the number of planned Beach Events as indicated on the permit form and exhibits
thereto.
2.6.34.2.
For purposes of this section, a "Beach Event" shall mean and refer to any social,
recreational or entertainment event (whether public or private), conducted on the
beach and satisfying one or more of the following criteria:
The event involves the use of dining/picnic tables and chairs, serving tables, or
other ancillary equipment typically used to serve an on-site meal; or
The event involves the use of staging equipment, amplified music, or the use of
other types of electrical equipment for purposes of enhanced light and/or sound;
or
3. The event:
(a)
(b)
is attended by 25 or more people and is organized by or with the help of
the commercial property owner; and
is of a nature not commonly associated w, ith the day-to-day use of the
beach by the general public.
2.6.34.3. Notice of Scheduled Events:
~.6.34.3.1
On or before the 25th day of each calendar month, the holder of such permit shall
cause Collier County to be furnished with written notice of all Beach Events
scheduled for the following month, in the form and content made a part of the Annual
Beach Events Permit application. The notice shall indicate the date, time and
duration of each event. The maximum number of days of beach events, during any
calendar year, shall be 150 calendar days.
2.6.34.3.2.
If a Beach Event is scheduled after the monthly notification has been furnished to
Collier County, the property owner shall furnish the County with a separate written
notice at least 48-hours prior to such event.
2.6.34.3.1
2.6.34.4. Event Cancellations and Postponements:
All notices furnished to Collier County pursuant to the permit shall be sent to Collier
County Planning Services Department.
'74
2.6.34.4.1.
If a scheduled Beach Event is canceled or postponed, the property owner shall furnish
Collier County with written notification of such cancellation or postponement. It is
understood that weather conditions may cause last minute cancellations, however the
property owner shall make every effort to notify the County staff a minimum of 4
hours prior to the scheduled event time. If such event is rescheduled, notice of the
date and time of the rescheduled event shall be provided.
2.6.34.4.2.
If a Beach Event is canceled or postponed, and no other Beach Events are scheduled
for the date of the canceled/postponed event, and Collier County has been notified of
such cancellation or postponement, then the canceled or postponed event shall not
count towards the maximum number of Beach Events authorized by the permit.
2.6.34.5.
Sea Turtle Nesting Season (May 1st through October 3 lS~ of each year):
During sea turtle nesting season Beach Events shall be subject to the following
conditions:
2.6.34.5.1.
A copy of the Florida Department of Environmental Protection (FDEP) Field Permit,
if required by FDEP. shall be obtained and furnished to Collier County prior to the
time of the scheduled event.
2.6.34.5.2.
Set up, including beach raking, for a particular Beach Event shall not commence
until after the daily sea turtle monitoring is completed by the Collier County Natural
Resources Department staff.
2.6.34.5.3. Use of vehicles is prohibited, except as may be permitted in Section 3.14.3. of this
Code.
2.6.34.5.4. All materials placed on the beach for purpose of conducting the Beach Event shall be
removed from the beach by no later than 9:00 p.m. of the date of the event.
2.6.34.5.5. All lights that are visible from the beach and cast a shadow thereon shall be turned off
by no later than 9:00 p.m. of the date of the event
_.6.M.5.6.
Identification of sea turtle nests on the beach mav cause the Beach Event to be
relocated or to have additional limitations placed on the event, pursuant to the
recommendation of Collier County Natural Resources Department.
2.6.34.5.7.
Pole lighting, and any other object or structure designed to penetrate the beach
surface by more than three (3) inches shall be subject to the approval of the FDEP and
Collier County.
2.6.34.5.8. Notices required by this permit shall also be furnished to Collier County Natural
Resources Depa ~ment.
75
COLLIER COUNTY
ANNUAL BEACH EVENTS PERMIT
(Issued pursuant to CCLDC § 2.6..M)
1. Applicant:
2. Address:
Term this permit is effective from:
Property Owner:
Name:
/ to /
Address:
Phone:
On-site Contact(s):
Name:
Title:
Phone:
Name:
Title:
Phone:
At least one of the contacts listed above should be available on-site during any Beach
Event held pursuant to this permit.
Name:
Title:
Phone:
Name:
Title:
Phone:
6. Attach two (2) copies of a typical site plan.
7. Notice:
(a)
Monthly Notice. On or before the 25 day of each calendar montl~, Pro~""~~
Owner Shall cause Collier County to be furnished with written notice 4 all ~eaek
Events scheduled for the following month, in form and content similar~to ~L-h~?i}t,
"B" attached hereto. The notice shall indicate the date, time and duration of each
event.
(b)
Individual Notice. If a Beach Event is scheduled during a month for which the
monthly notification has already been furnished to Collier County, then Collier
County shall be furnished with a separate written notice for such event. Property
Owner shall use reasonable business efforts to furnish such written notification to
Collier County no later than forty-eight (48) hours prior to the anticipated starting
time of such event.
(c)
Delivery of Notice: All notices furnished to Collier County pursuant to this permit
shall be sent via facsimile to Collier County Community Development,
Environmental Services at fax # 643-6968. with a copy sent via U.S. mail to the
following address: Collier County Planning Services, Environmental Review
Staff, 2800 North Horseshoe Drive, Naples, Florida 34104.
Canceled Events:
(a)
Notification of Cancellation. If Collier County is notified that a Beach Event will
occur on a particular date, and such event is canceled or postponed, then Collier
County shall be furnished with written notification of such
cancellation/postponement.
(b)
Notification of Rescheduling. If a Beach Event is rescheduled, then Collier
County shall be notified of the date and time of the rescheduled event.
(c)
Canceled Events Not to Count Towards Permit Limit. If a Beach Event is
canceled or postponed, no other Beach Events are scheduled for the date of the
canceled/postponed event, and Collier County is notified of such
cancellation/postponement, then the canceled/postponed event shall not count
towards the maximum number of Beach Events authorized by this permit. For
purposes of this paragraph, Property Owner shall be entitled to cancel/postpone
any Beach Event up to one (1) hour after the scheduled starting time for such
event.
Permit Fees.
Number of calendar days
Fee
1 calendar day
block of 25 calendar days
block of 50 calendar days
block of 75 calendar days
block of 100 calendar days
block of 125 calendar days
block of 150 calendar days
$100.00
$ 2,250.00
$ 4,50O.O0
$ 6,750.00
$ 9,000.00
$11,250.00
$13,500.00
Make all checks payable to: Board of County Commissioners
77
Property Owner shall be entitled to increase the number of Beach Events permitted
hereby (subject to the maximum of 150 calendar days per year) by submitting payment to Collier
County of the applicable incremental fee in accordance with the fee schedule above.
If more than one Beach Event (as defined in CCLDC §2.6.34.2) is scheduled on a
particular date, then such events shall be counted as one (1) calendar day.
10. Acceptance:
By acceptance of this permit, Property Owner agrees to defend, hold harmless and
indemnify Collier County and its agents from any and all liability which may arise as a result of
the issuance of this permit and, agrees to conform with applicable provisions of the Collier
County Land Development Code.
I, property owner or proper.ty manager of the subject property, permit the use
the property as described herein during the time periods to be indicated on notices furnished to
Collier County pursuant to the terms hereof
Property Owner/Manager
Printed Name:
Date
I 1. Approval:
Planner Date
Printed Name:
This permit is subject to the STANDARD PERMIT CONDITIONS attached
hereto as Exhibit "A", and does not constitute approvals which may also be
necessary under other local, state and federal regulations, including, but not
limited to right-of-way permit, building permit, FAA, FCC, fire district, &
DEP. This permit is issued pursuant to information provided by the applicant.
78
#13780 ,'3 10190-0001
COLLIER COUNTY COMMUNITY DEVELOPMENT &
ENVIRONMENTAL SERVICES
2800 North Horseshoe Drive
Naples, FL 34104
941-403-2400
EXHIBIT "A"
STANDARD PERMIT CONDITIONS
1. Security:
Property Owner is responsible for ensuring that adequate security is provided
for each Beach Event.
2. Traffic Safety:
Authorization from the Collier County Sheriffs office may be required for
certain Beach Events. Property Owner is responsible for consulting the Collier
County Sheriffs Office to determine whether separate authorization for a
particular event is required.
3. Use of Electrical Apparatus: I need to discuss with Bldg. Dept.]
Signage: Use of signs shall be subject to the provisions of the Collier County Land
Development Code.
Noise: All music shall be subject to the terms and conditions of Property Owner's Music
Permit, which permit may be obtained from Collier County on an annual basis.
Restrooms: Existing restroom facilities must be adequate, or additional portable faculties
made available and not located on the beach.
Vehicles On Beach: Use of vehicles shall be subject to provision of Collier County Land
Development Code §3.14.
Public Access: Beach Events shall be conducted in a manner that does not interfere with
the punic's ability to traverse that portion of the beach owned by the State of Florida.
Sea Turtle Nesting Season: During sea turtle nesting season (May l sh through October
31 st of each year) Beach Events are also subject to the following conditions:
A copy of the Florida Department of Environmental Protection (FDEP) Field
Permit, if required by FDEP, shall be obtained and furnished to Collier County
prior to the time of the scheduled event.
b. Set up, including beach raking, for a particular Beach Event shall not commence until after the daily sea turtle monitoring is completed by the Collier County
Natural Resources Department staff. ~'-~::,~.~,:~t, ~.
c. Use of vehicles is prohibited.
79
eo
fo
ho
All materials placed on the beach for purpose of conducting the Beach Event shall
be removed from the beach by no later than 9:00 p.m. of the date of the event.
All lights that are visible from the beach and cast a shadow thereon shall be
turned off by no later than 9:00 p.m. of the date of the event.
Identification of sea turtle nests on the beach may cause the Beach Event to be
relocated or to have additional limitations placed on the event, pursuant to the
recommendation of Collier County Natural Resources Department.
Pole lighting, and any other object or structure designed to penetrate the beach
surface by more than three (3) inches shall be subject to the approval of the
FDEP.
Notices required by this permit shall also be furnished to Collier County Natural
Resources Department.
#13780v4-10190-0001
@0
BEACH EVENTS NOTICE FORM
1. Permit Holder Name:
2. Address:
EXHIBIT "B"
3. Annual Beach Events Permit No.: BETU
4. Month this notice pertains to:
Event
Date & Time
o
o
~
10.
11.
12.
13.
14.
15.
16.
17.
18.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
Signed:
Date:
BETU NOTICE 10/11/00 #13780v4- 10190-0001
82
EXHI]3IT "C"
BEACH EVENTS CANCELLATION NOTICE FORM
1. Permit Holder Name:
2. Address:
Annual Beach Events Permit No.: BETU
Month this notice pertains to:
Canceled Event
Sched.fied Date & Time
Rescheduled Date & Time
(If applicable)
o
83
ORIGIN: County Attorney's Office
AUTHOR: Tom Palmer, Assistant County Attorney
LDC PAGE: 2:222
LDC SECTION: 2.6.35.6.3 Essential Services--Specified Conditional Uses
CHANGE: Add text to Seclion 2.6.35.6.3 of the LDC specifying that towers used primarily for
governmental uses may be approved as stand alone essential service facilities.
REASON: The language proposed is to specify that a communications tower and/or related
facilities owned by, or leased to, a government, and to be used primarily for governmental
purposes, such as communications for public safety programs, are to be classified as an essential
service facility even when the tower is a stand alone facility and is not associated with any
essential services building/structure. This proposed text authorizes conditional use approval of
such towers and facilities as essential service facilities when the tower is needed to accommodate
governmental services/programs, such as, for example, intelligent transportation services (ITS)
used by the Florida Department of Transportation FDOT providing governmental services. It
appears that allowing governmental communications towers to essential service sites that must
have at least one other principal associated essential services building/structure is too limiting
geographically. It appears that more discretion and flexibility are needed, but always subject to
site-specific conditional use approval.
FISCAL & OPERATIONAL IMPACTS: None
Amend Section 2.6.35.6. as follows:
2.6.35.6.3. Essential Services--Specified Conditional uses. Except in the RSF-1 through RSF-6,
and RMF-6 zoning districts, towers may be allowed to any height as a conditional use
on sites approved for a conditional use essential service for any of the following
conditional uses: safety service facilities including, but not necessarily limited to, fire
stations, sheriffs substation or facility, emergency medical services facility, and all
other similar uses where a communications tower could be considered an accessory or
logically associated use with the safety service conditional use on the site.. In
addition, communications towers can be conditional use approved as stand alone
essential service facilities provided the tower is to be owned by, or be leased to, a
government and the primary uses of the tower are for governmental purposes.
@4
ORIGIN: Community Development & Environmental Services
AUTHOR: Kim Maheuron, Environmental Specialist I
Nancy Siemion, Landscape Architect
DEPARTMENT: Planning Services
LDC PAGE: 2:225
LDC SECTION: 2.6.35.6.21 Communication Towers
CHANGE: Cross reference between Division 2.4 Landscaping and Buffering and Section 2.6.35
Communication towers.
REASON: Cross reference to landscape section. Communication tower landscape requirements
are being relocated to Division 2.4 Landscaping and Buffering.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: Section 2.4.7.4 Types of buffers
Amend Section 2.6.35.6. as follows:
2.6.35.6.21.Refer to Section 2.4.6.4. for minimum landscaping requirements.
2.6.35.6.22. Any existing Nnative vegetation on the site shall be preserved and used to meet the
minimum landscape requirements to, '*' .............. :,~ ~v,~,, per Section 2.4.6.4.
(a) and (b). The site plan shall show existing significant vegetation to be removed and
vegetation to be replanted to replace that lost. Native vegetation may constitute part
or all of the required buffer area if its opacity exceeds 80 percent.
85
DEC
ZUUU
ORIGIN: County Attorney's Office
AUTHOR: Tom Palmer, Assistant County Attorney
LDC PAGE: 2:226.2
LDC SECTION: 2.6.35.7 Alligator Alley Communication Towers.
CHANGE: Add Subsection 2.6.35.7 (9) to the Land Development Code (LDC), also correct
scrivener's errors in Subsection (1), (3), and (6); also assign a number to Subsection (8), as
shown.
REASON: The text in the proposed new subsection is to establish an overlay district to
authorize governmental communications towers and accessory communications facilities within
the road right-of-way of Interstate Highway No. 75 from just east of the toll booth (near
Highway 951) to the eastern boundary of Collier County. All communications towers in the
right of way must be owned by, or be leased to, a government. Each communications tower (or
any height) must be approved by the beneficial owner of the right of way, which is currently the
Florida Department of Transportation ("FDOT"). Communications towers that will not exceed
twenty (20) feet in height require only building permit approval from the County. Each tower
that is to exceed twenty (20) feet in height shall be subject to conditional use approval by the
County. including the four towers previously authorized by Subsection 2.6.35.7 (1) through (8).
Representatives on behalf of the FDOT have already proven to the County that the four (4) tower
governmental system (that is coupled with the public interest regarding transportation over 1-75)
cannot reasonably be accommodated by co-location on any other tower within the effective
radius, therefore, there is no need to further exhaust any co-location provisions with regard to
those four towers. However, each new communications tower hereafter applied for shall be
subject to the shared use (co-location) requirements of Section 2.6.35 of the LDC if the proposed
tower is to have a height in excess of one hundred and twenty (120) feet, unless the tower is a
monopole. Collier County does not require that any such monopole tower be subject to any co-
location requirements, although co-location could be imposed as a condition of approval by
FDOT. If an applicant for antenna space on the tower is a government, only the government to
government co-location requirements apply. If the application for antenna space on any
communication tower in the right of way is not for governmental use(s), the applicant must prove
that no other communications tower within the effective radius will be available to accommodate
the applicant's needs.
FISCAL & OPERATIONAL IMPACTS: None
Ammend Section 2.6.35.7. Alligator Alley Communication Towers as follows:
(1)
Notwithstanding other provisions of Section 2.6.35, and irrespective of the zoning
classification(s) of the underlying fee at each respective tower site, two (2) new
communication towers shall be permitted at locations and heights herein specified
within the 1-75 right-of-way east of the toll booth (Alligator Alley). Two of the
four towers shall be constructed to replace two existing Florida Department of
Transportation towers. The four new telecommunication tower sites shall be
located approximately at:
86
DEC ! 3 T OO
(2)
(3)
(4)
(5)
(6)
(7)
(a) mile marker 52.2. The height of the tower shall not exceed 250 feet
including antennas;
(b) mile marker 92.6 (Everglades Blvd). The height shall not exceed 250 feet,
including antennas;
(c) the site of an existing FDOT tower located on State Road 29. The height
shall not exceed 310 feet, including antennas;
(d) the site of an existing FDOT tower located at mile marker 63.2 at the 1-75
Rest Area. It will replace an existing tower located on the north side of 1-75
at mile marker 63.3. The height shall not exceed 280 feet including
antennas.
Each tower shall be constructed with a capacity to provide for a minimum of four
(4) to eight (8) co-users, including Florida Department of Transportation (FDOT),
the U.S Fish and Wildlife Service (FWS), the National Park Service (NPS), the
Department of Forestry (DOF), and Collier County agencies, where practical.
Each tower shall be constructed in accord with the standards and requirements of
Section 2.6.35 and other applicable sections of the LDC except as expressly
provided otherwise in this Section.
Minimum yard requirements: There shall be no minimum yard requirement for
these towers at these locations because each tower and all ancillary facilities must
be contained within the 1-75 right-of-way and each proposed tower must maintains
a separation distance from all adjacent residential property lines equal to one-half
(1/2) the tower's height or equal to a Florida Professional Engineer's certified
collapse area (fall zone), whichever is greatest, or a clear zone is maintained on
adjoining property by a use easement applicable to such adjoining property owner.
No habitable residential or non-residential structure, including offices, shall be
allowed within any certified collapse area (fall zone) for any of these towers.
Access: Physical access to each tower site shall be as approved by FDOT.
Parking: Sufficient unpaved area shall be provided on or adjacent to each tower site
to accommodate temporary parking for one vehicle for servicing or maintaining the
communication tower.
Landscape Buffer: A landscape buffer no less than ten feet wide with trees planted
25 feet on center shall be developed and maintained around the perimeter of each
tower site and other related equipment, structures, and buildings. This buffer shall
encompass all structures including the tower base. At least one row of native
vegetation shall be planted within the buffer to form a continuous hedge at least
three feet in height at planting. The buffer must be maintained in good condition.
This landscape- buffer may be waived by the Planning Services Director where the
buffer is not practical due to public safety problems.
A Site Development Plan and construction plans will be submitted to the Collier
County Planning Services Department for review and approval prior to any
construction of any such tower. No changes, additions, or alterations may be made
to any approved Site Development Plan or construction plans for any
without County approval.
(9)
Tower lighting: In addition to requirements for tower lights specified in Section
2.6.35 of the LDC, towers located in the Big Cypress Preserve and the Florida
Panther National Wildlife Preserve shall be lighted in accordance with the
USFWS guidance system requirements for tower lighting.
Notwithstanding any other provision in this Land Development Code, and
notwithstanding the underlying zoning of the respective tower site, subject to the
following, the communications towers and accessory items ("Facilities"), listed
above, and all such future Facilities, are lawful uses if located within the confines of
the 1-75 right-of-way east of the Alligator Alley toll booth to the eastern boundary
of Collier County.
(a)
The tower and related facilities shall be subject to conditional use approval
whenever the tower is to exceed a height of twenty (20) feet. Towers that are
to be menty (20) feet or less in height require only building permit approval
from the County.
(b) As all such Facilities must be located within the Interstate Highway No. 75
(c)
(d)
right of way, the Facilities must be subject to approval from the owner of
that right-of-way, including such conditions as may be required by that
owner. The owner of said right-of-way is the State of Florida by and
through the Florida Department of Transportation.
The Facilities must be owned by, or leased to, a government. The primary
uses of the Facilities must always be governmental uses. Private uses, if
any, of the Facilities must always be incidental and subordinate to the
governmental uses.
Notwithstanding any other provision in Section 2.6.35, the Facilities shall be
subject to the tower sharing requirements of Section 2.6.35 if the tower is to
exceed a height of one hundred and twenty feet (120) feet, or unless the
tower is a monopole. If the tower is to be used only for governmental uses,
the tower need be shared only with other governments. If the tower is to be
occupied by an antenna under control of a non-government occ~'..ant of the
tower and is to be used for any non-governmental use(s), the lower sharing
requirements that apply to non-government occupants shall be a, hered to
prerequisite to occupancy on the tower.
88
DEC
2000
ORIGIN: Community Development and Environmental Services
AUTHOR:
Ronald F. Nino, AICP, Current Planning Manager
DEPARTMENT: Planning Services
LDC PAGE:
LDC 2.252 & LDC 3.66
LDC SECTION: 2.7.6.
CHANGES: 1) To amend Sec. 2.7.6. to include requirement for a Land Alteration Permit; 2)
To amend Division 3.3 Site Development Plan to provide for the submission of an SDP for Land
Alteration.
REASON: The issuance of permits is the mechanism by which impact fees are levied. The
absence of a permit issuance process for a land use activity subject to impact fees gives rise to
administrative deficiencies relative to ensuring the payment of impact fees. Additionally, many
types of land alterations give rise to issues of public health and safety that need oversight by
county inspection personnel and authorized permits provide the trigger mechanism to ensure that
the activities authorized by a land alteration permit are consistent with requirements of the Land
Development Code.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
Sec. 2.7.6. Building or !and alteration permit and certificate of occupancy compliance
process.
Zoning action on building or land alteration permits. The ~:'= 4 .... , ......
r-e-,,qew- planning services director shall be responsible for determining
whether applications for building or land alteration permits, as required by the
Collier County building code or this code are in accord with the requirements
of zoning code and the land development code, and no building or land
alteration permit shall be issued without written approval that plans submitted
conform to applicable zoning regulations, and other land development
regulations. For purposes of this section a land a land alteration permit shall
mean any written authorization to alter land and for which a building permit
may not be required. Examples include but are not limited to clearing and
excavation permits, site development plan approvals, agricultural clearing
permits, blasting permits, etc. No building or structure shall be erected,
moved, added to, altered, utilized or allowed to exist and/or no land alteration
shall be permitted without first obtaining the authorization of the required
t,,,aa:,~ permit(s), inspections and certificate(s) of occupancy as required by
the Collier County building code or this code and no building or land
alteration permit application shall be approved by the ":'= 4 .... , .......... : ....
planning services director for the erection, moving, addition to, or alteration of
any building o~ structure or land except in conformity with the pro' ~sio..,..,.q.g,5~~
this zbning code and the land development code unless he shall 'ecmve-a- o~-
written order from the board of zoning appeals in the fort ol~a~ ......
89 C~'
,g ....', 3 2000
administrative review of the interpretation or variances as provided by this
code or unless he shall receive a written order from a court or tribunal or [of]
competent jurisdiction.
Application for building or land alteration permit. All applications for
building or land alteration permits shall, in addition to containing the
information required by the building official, be accompanied by ~^' --'~
.............. v ..... all required plans and drawings drawn to scale, showing
the actual shape ad dimensions of the lot to be built upon; the sizes and
locations on the lot of buildings already existing, if any; the size and location
on the lot of the building or buildings to be erected, altered or allowed to exist;
the existing use of each building or buildings or parts thereof; the number of
families the building is designed to accommodate; the location and number of
required off-street parking and off-street loading spaces; approximate location
of trees protected by county regulations; changes in grade, including details of
berms; and such other information with regard to the lot and existing/proposed
structures as provided for the enforcement of this land development code. In
the case of application of [for] a building or land alteration permit on property
adjacent to the Gulf of Mexico, a survey, certified by a land surveyor or an
engineer licensed in the State of Florida, and not older than 30 days shall be
submitted. If there is a storm event or active erosion on a specific parcel of
land for which a building or land alteration permit is requested, which the site
development review planning services director determines may effect the
density or other use relationship of the property, a more recent survey may be
required. Where ownership or property lines are in doubt, the site
development review planning services director may require the submission of
a survey, certified by a land surveyor or engineer licensed in the State of
Florida. Property stakes shall be in place at the commencement of
construction..
Construction and use to be as provided in applications; status of permit issued
in error. Building or land alteration permits or certificates of occupancy
issued on the basis of plans and specifications approved by the site
a .... ~ .......... : .... planning services director authorized only the use,
arrangement, and construction set forth in such approved plans and
applications, and no other use, arrangement, or construction. Use
arrangement, or construction different from that authorized shall be deemed a
violation of this land development code.
Statements made by the applicant on the building or land alteration
permit application shall be deemed an official statement. Approval of
the application by the ~;'~ a .... ~ ..... , .... : .... planning services
director shall, in no way, exempt the applicant from strict observance
of applicable provisions of this land development code and all other
applicable regulations, ordinances, codes, and laws.
Do
A building or land alteration permit issued in error shall not confer any
rights or privileges to the applicant to proceed to or continue with
construction, and the county shall have the power to re~'e'~,r:~-'"'"-
permit until said error is corrected. i ~:'~~
! 3 2000
Adequate public facilities required. No building or land alteration permit or
certificate of occupancy shall be issued except in accordance with the Collier
County Adequate Public Facilities Ordinance, Ord. No. 90-24 (division 3.15
of this code) and Rule 9J-5.0055, F.A.C.
Improvement of property prohibited prior to issuance of building or land
alteration permit. No site work, removal of protected vegetation, grading,
improvement of property or construction of any type may be commenced
prior to the issuance of a building or land alteration permit where the
development proposed requires a building or land alteration permit under this
land development code or other applicable county regulations. Exceptions to
this requirement may be granted by the Community Development and
Environmental Services administrator for an approved subdivision or site
development plan to provide for distribution of fill excavated on site or to
permit construction of an approved water management system, to minimize
stockpiles and hauling off-site or to protect the public health, safety and
welfare where clearing, grading and filling plans have been submitted and
approved meeting the warrants of Section 3.2.8.3.6 of this code; removal of
exotic vegetation shall be exempted upon receipt of a vegetation removal
permit for exotics pursuant to division 3.9.
Zoning and land use approval required prior to or simultaneously with
issuance of building or land atleration permit or occupancy of land and space.
A zoning certificate, attesting to compliance with all aspects of the zoning
provisions of the land development code, shall be required prior to obtaining a
building or land alteration permit or to occupying any space of land or
buildings or for the conduct of a business in all zoning districts. The
following zoning certificate review procedure shall provide for the issuance of
a zoning certificate.
ao
For the purpose of determining compliance with the zoning provisions
of the land development code, an approval of a site development plan
pursuant to division 3.3 herein, authorizes the issuance of a zoning
certificate. Said zoning certificate shall constitute a statement of
compliance with all applicable provisions of the land development
code, including the uses of the building space upon which applicable
off-street parking and loading requirements were based, however,
issuance of a zoning certificate shall not exempt any person from full
compliance with any applicable provision of the land development
code.
Do
In subdivided buildings each space for which a use is proposed
requires a zoning certificate for that particular space, independent of
any approval conferred upon the building and the land pursuant to
division 3.3 and of a zoning certificate issued for the building and the
land, shall be required.
Go
A zoning certificate shall be required for any use of land or buildings
located in residential zoning districts, which involve the c(
commercial or other non-residentially allowed uses c
buildings.
'" la~ or
· O~~
oEC 2 00
1 ..
do
A zoning certificate shall not be required for a land alteration activity
when that activity is accessory to other uses of land.
Amend Division 3.3.3. Site Development Plans
Sec. 3.3.3. Applicability
All development, except as otherwise provided herein, is subject to the provisions of
this division. The provisions of this division shall not apply to the following land use
activities and represents the sole exceptions therefrom:
1)
Single-family detached and two-family housing structure(s) on a lot(s) of
record except as otherwise provided at Section 2.6.27 (cjuster development).
2)
Underground construction; utilities, communications and similar underground
construction type activities.
3)
Accessory and ancillary facilities for a golf course such as restrooms,
irrigation systems, pump-houses where a preliminary work authorization has
been entered into with the county except where provisions of the Land
Development Code requires a Site Alteration Permit, then the provision of this
section become applicable.
4)
Construction trailers and storage of equipment and materials following
issuance of a building permit for the use to which said activities are a function
of, except as otherwise provided by Section 2.6.33.
5) Model homes and sales centers, except as otherwise provided by Section
2.6.33.
6) Project entryway signs, walls, gates and guardhouses.
92
ORIGIN: Community Development & Environmental Services
AUTHOR: Chahram Badamtchian, Ph.D., AICP
DEPARTMENT: Planning Services
LDC PAGE: LDC2:265
LDC SECTION: 2.8.2. Applicability.
CHANGE:
Requiring all non-residential structures along arterial and collector roads within the
Urban Area to comply with the architectural standards of the Collier County Land
Development Code.
REASON: Section 2.8.2. of the Land development Code requires all buildings within any
Commercial zoning districts and all building in the Industrial zoning district when
fronting on an arterial or collector road to comply with the Architectural Standards
of the LDC. However, there are instances that on residential buildings are built on
residential or agricultural zoned properties, such as churches, schools or even
veterinary clinics, sporting camps and fraternal and social clubs without any
architectural standards. This amendment is intended to close this loophole in the
Code.
FISCAL & OPERATIONAL IMPACTS: This amendment will increase the cost of
construction for non-residential building in the residential and agricultural property when located
along arterial or collector roads in the Urban Residential areas of the County.
RELATED CODES OR REGULATIONS: None.
Amend Section 2.8.2. as follows:
Sec. 2.8.2. Applicability.
Provisions of this division are applicable in all commercial zoning districts, commercial and non-
residential components of PUD districts, DRIs, business park districts, and industrial zoned areas
and all other zoning districts for non-residential developments and buildings fronting on arterial
or collector roads as described by the transportation circulation element of the growth
management plan, when located in the urban residential areas as indicated on the future land use
map of the growth management plan, as provided below:
93
L
ORIGIN: Community Development and Environmental Services
AUTHOR:
Ronald F. Nino, AICP, Current Planning Manager
DEPARTMENT: Planning Services
LDC PAGE:
LDC 2.265
LDC SECTION: 2.8.2.5. Non-commercial development
CHANGE: Amend 2.8.2.5. to allow Alternative Architectural Design Standards for non-
commercial development.
REASON: With this amendment cycle a companion amendment extends the application of
architectural requirements to structures which heretofore were not subject to the provisions of
Section 2.8. Architectural Design Standards such as but not limited to churches. The standards
in Section 2.8 were primarily developed to affect commercial buildings and does not take into
account the uniqueness of architectural design as it may apply to churches. For example it was
thought necessary to provide for alternative approaches to insure that the architectural statement
made by non-commercial development were made subject to review.
FISCAL & OPERATIONAL IMPACTS: This amendment may increase the cost of
construction for non-residential buildings in residential and operationally zoned areas heretofore
exempt from the provisions of Section 2.8.will have no fiscal or operational impacts.
RELATED CODES OR REGULATIONS: None
Amend the LDC Code as Follows:
Non-commercial development: Non-commercial use applications are entitled to
demonstrate that the intent of this section can be effectively accomplished without
meeting the specific development standards of this section. Designs which are
responsive to their context and proposed use and demonstrate a well considered
design theme may request an administrative review of their alternative approach and
design. In addition to the base submittal requirements, applicants shall clearly label
the plan submitted as an "Alternative Architectural Design Standards Plan" and shall
reference the requested deviations on the plan and shall submit a descriptive narrative
which specifically identifies the LDC development standards required by this section
which is/are being proposed to be addressed through their alternative approach.
Supplemental submittal and narrative descriptions must be provided which supports
the applicant's position. The Planning Services Director will administratively review
submittal documents for consistency with the intent of this section and if the plan is
approved through this provision, shall specifically note the approved deviations and
the bases of their approval within the Site Development Plan approval letter.
Deviations approved shall be applicable only to the specific design and plan
reviewed. Modifications of an approved design shall void the administrative approval
of the deviation and require resubmittal of the deviation request to Plannin se~ices
staff for re-evaluation of the request in the context of the amended design ~ ~~ '
3 2000
94 ~ _,
2.8.2.5.
ORIGIN:
AUTHOR(S):
DEPARTMENT:
LDC PAGE:
Engineering Review Services Staff
Thomas E. Kuck, P.E., John R. Houldsworth, Senior Engineer
Planning Services
LDC 3:26
CHANGE: To clarify during the Preliminary Plat process whether a road is proposed to be
Public or Private.
REASON: If a PUD has not addressed whether the roads in a proposed development are to
be Public or Private, the PSP is the appropriate stage in the permitting process for this
determination.
FISCAL AND OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
Amend the Land Development Code as follows:
Sec. 3.2.7 Preliminary Subdivision plat.
3.2.7.1.11. The location and width of all proposed streets, alleys, rights-of-way, easements and
their purpose along with the proposed layout of the lots and blocks. Proposed street
names shall be identified on all public or private thorough-fares. Typical right-of-way
and pavement cross sections shall be graphically iljustrated on the preliminary
subdivision plat, showing the location of sidewalks, bikepaths and utilities. If not
previously determined during a PUD process, it shall be determined whether the
streets are to be public or private.
2000
ORIGIN: Planning Services Staff
AUTHOR: Stan Chrzanowski, P.E., Sr. Engineer
DEPARTMENT: Planning Services Department
LDC PAGE: LDC3:38.1
LDC SECTION: 3.2.8.3.20
CHANGE: Set firm standards for illumination levels in subdivisions and other sites
REASON: The present standards are too vague.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
3.2.8.3.20
Street lighting. Streetlights shall be designed and installed utilizing the guidelines of
the IES standards for each street intersection, at required intervals along each street
not to exceed 400 feet and at the end of each cul-de-sac, and may be required at
intervals along each street. Such lights may be required on interior streets, alleys,
boundary streets, access paths, and the like.
The standards for this street lighting are: (per IESNA RP-8-00)
1. A minimum of 1.4 foot-candles at the center of each internal proiect
intersection is required.
A minimum of 1.4 foot-candles along internal roadways is recommended but
not required.
At the entry/exit of any subdivision on to a county collector or arterial street
the following two standards shall apply.
a) At the points where the edges of pavement of the entrance road meet
the Right-of-way line, the illumination level shall be 2.0 foot candles
minimum.
b) At the centerline of the entrance road at the Right-of-way line, the
illumination level shall be 3.5 foot-candles minimum.
All light levels shall be measured at approximately 4'above the pavement on a
moonless night.
Whenever, in the opinion of the site development review director, based on an
engineer's determination, a dangerous condition is created by sharp curves,
irregularities in street alignment, or other similar circumstances, additional lights may
be required. Streetlights and mounting poles shall be wired for underground service.
All conduits and casing to be placed under the roadway required for the lights must
be installed during each construction phase prior to roadway subbase completion.
Streetlights shall be designed and installed in either of two ways:
OEC 2000
Where streetlights are to be installed on private streets, the developer, through
an electrical engineer registered in the State of Florida, shall design and install
the street lighting system subject to the approval of the development services
director. Upon completion of the streetlights, they shall be owned, operated
and maintained by the property owners' association, a condominium
association, cooperative association, or other similar entity, or the public
utility furnishing the electric service.
Where the streetlights are to be installed on public streets, the developer may
elect to initiate a municipal services benefit or taking unit in coordination with
the county transportation services division in order to provide street lighting.
If the municipal services benefit or taxing unit is approved by the board of
county commissioners, the transportation services director shall authorize the
public utility to design, install, and mainta'a the street lighting system at no
cost to the county's general fund. If no benefit or taxing unit is created for
public streets, the provision of section 3.2.8.3.20.1 above shall govern the
design, construction and maintenance of streetlights.
H:FLDC Cycle 2 - 2000/3.2.8.3.20, rs, 9.8.00
DEC i 3 2'300
ORIGIN:
AUTHOR:
DEPARTMENT:
LDC PAGE:
LDC SECTION:
CHANGE:
REASON:
FISCAL & OPERATIONAL IMPACTS:
RELATED CODES OR REGULATIONS:
Planning Services and Public Utilities
Thomas E. Kuck, P.E., Engineering Review Manager/County Engineer
Planning Services Department
LDC 3:40
3.2.8.3.24
Change size of conduits under pavement for water services from minimum
of three-inch diameter to 4-inch diameter.
Public Utilities request based on the ability to be able to install larger
diameter service lines.
None
None
3.2.8.3.24. Utility casings. Subdivisions or developments providing water services shall install
no less than ~,-ee4-nc4 four-inch conduits to each alternate lot on the opposite side of
the street from the main distribution line for each street prior to the completion of
roadway construction or as required by applicable utility. Additionally, all casings
for irrigation facilities, street lighting and other utility services such as electric,
telephone, cable television, and the like shall be placed under all proposed streets
prior to the completion of the stabilized subgrade.
98
ORIGIN: Planning Services Staff
AUTHOR: Thomas E. Kuck, P.E., Engineering Review Manager/County Engineer
DEPARTMENT: Planning Services Department
LDC PAGE: 3:79 & 3:89
LDC SECTION: Section 3.4.5.1.10 & 3.4.13.5.1
CHANGE:
REASON:
FISCAL &
RELATED
Prohibit blasting on new subdivisions and site development plan
construction within 350 feet of structures or county roadways
To provide relief to existing homeowners and reduce the possibility of
structural damage to homeowners within 350 feet of blast sites and to
provide additional safety to traffic on public roadways.
OPERATIONAL IMPACTS: None
CODES OR REGULATIONS: None
3.4.5.1.10.
3.4.13.5.1.
r~i~, .....*.~ .......~.~ ~.~ .....;. ~; .....~ ~ .=;.ht.~.; ........-,;~c Blastin will not be
permitted within 350 feet of existing Structures or structures under construction or
within 350 feet of public roadways.
It shall be unlawful for any person, to blast, fire, detonate or use any amount of
explosive within the territorial limits of the county without first obtaining a blasting
permit as hereinafter provided by this section; provided that in any event it shall be
unlawful for any person to blast, fire or detonate or use any amount of explosives
which would result in a resultant peak particle velocity in excess of 0.5 inches per
second when measured on the ground at the nearest building or structure not owned
by the permittee, or at a location identified by the seismologist of record and the
planning services director, or designee. A blasting control procedure is hereby
established by adopting an 80 percent rule for controlling blasting in urban
construction environments. If 80 percent of the allowable particle velocity is
exceeded, no blasting may be undertaken until a letter, facsimile transmission, or
telephone call with a follow-8p letter or facsimile transmission is provided by the
blasting permit applicant to the county identifying a revised blasting methodology
which provides procedures that will be implemented to assure that a peak particle
velocity of 0.5 inches per second will not be exceeded.
The maximum allowable airblast, measured at the nearest building or structure not
owned by the pt?rmittee, or when measured at a distance of 5,280 feet from the blast
shall not exceed 129 decibels when measured by an instrument having a flat
frequency response over a range of at least 6 to 200 hertz. If the airblast is measured
with an instrument having a flat frequency measure over a range of at least 2 to 200
hertz, the corresponding limit is 133 decibels.
The following requirements shall apply to all blasting within the urban bound~_ig~
the county:
a) Overburden shall not be removed prior to blasting. When overburden exceeds
four feet of depth, a minimum of four feet of overburden shall remain in place
prior to blasting.
Stem all blast holes within 1000 feet of the nearest structure based on a GPS
measurement with 89 stone or approved equal material shall be to confine the
gaseous products of detonation.
c) The "borehole" surrounding the blast tube shall be backfilled to ensure
stability of the ground surface.
d) All surface detonators shall be covered or buried.
e) All charges shall be at (originally placed) proper depth prior to the detonation
of multiple blast.
f) Blasting will not be permitted within 350 feet of existing structures or structures
under construction or within 350 feet of public roadways.
b)
lOO
DEC I 3 2000
ORGIN:
AUTHOR:
DEPARTMENT:
LDC PAGE:
LDC SECTION:
Planning Services Staff
Thomas E. Kuck, P.E., Engineering Review Manager/County Manager
Planning Services Department
3:99
3.5.7.3.1
CHANGE: Change maximum permittable depth of private and development excavation from
12 feet to 20 feet.
REASON: To be consistent with administrative variances to permit 20 feet of depth and to
provide the ability to provide a minimum of 6 feet of water depth during the dry season.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
3.5.7.3.1.
Maxi~num. Private and development excavations shall not exceed -t4 20 feet in depth
unless computations using the "fetch formula" of maximum depth +5 feet + (0.015) x
(mean fetch in feet) indicate that deeper depths are feasible. The mean fetch shall be
computed as follows: (A+B)/2 where "A" is the average length parallel to the long
axis of the excavation and "B" is the average width of the excavation as measured at
right angles to the long axis.
101
DEC ! 3 2,0,30
Pg.__J_~
ORIGIN:
AUTHOR:
DEPARTMENT:
LDC PAGE:
LDC SECTION:
CHANGE:
REASON:
Planning Services Staff
Thomas E. Kuck, P.E., Engineering Review Manager/County Engineer
Planning Services Department
3:101 8,: 3:102
3.5.8.2.1
Change the annual status report requirements for commercial excavations
and meaningful method of
To provide a more economical, efficient
providing annual excavation status reports.
F1SCAL & OPERATIONAL IMPACTS' None
RELATED CODES OR REGULATIONS: None
3.5.8.,..1.
Status reports. The permittee shall provide the '~ .... ~ ........... 4~ ~4: ......
community development and environmental services administrator or designee with
an excavation activities status report as follows:
Private excavations. A final status report within 30 days after the final
completion of the excavation.
Development and commercial excavations. An annual status report every 12
months over the duration of the permit and a final status report within 30 days
after the final completion of each phase of the excavation. If a final status
report will be filed within four months of the required annual status report,
then the need for the preceding annual status report shall be waived.
The final or annual status report shall consist of no less than the following
information, and such other information as may be deemed necessary by the
a .... , ........... :~ a; ...... community develop~nent and environmental
services administrator or designee, to accurately determine the status of the
excavation, its compliance with this division and the special conditions of the
excavation permit:
ao
A sealed topographic survey prepared by the project's
surveyor/engineer, containing the following:
(1)
A baseline along the top of the perimeter of the excavation,
clearly referenced to known points and adjacent property or
tract lines, if appropriate, with right angle cross sections
taken which clearly show the as-built side slope and depth of
the excavation at each station. Unless otherwise
the development services director, cross sections
taken every 100 feet on excavations less than fiv
102
acres;-anrI---~
2O00
every 300 feet on excavations over five acres. Partial cross
sections showing the as-built side slopes will be necessary on
the ends of the excavation and around the perimeter of the
excavation where due to its irregular shape, the base line
right angel cross sections do not accurately depict the actual
constructed slopes. The cross section survey data shall be
plotted at an appropriate scale and the as-built side slope ratio
computed for each of the segments between the survey data
points. The approved design cross section, including the
breakpoints, shall be superimposed on each as-built cross
section to facilitate visual verification of substantial
compliance with provisions of the division. Side slopes shall
be graded to within a reasonable tolerance as will be
determined by the development services director, depending
upon local site conditions.
(2)
On all planned unit development or subdivision projects, the
outline of the excavations top-of-bank shall be accurately
plotted and referenced to known control points in order that:
(a)
The surface area can be verified as meeting size and
retention/detention storage needs. The computer
surface area at control elevation shall be shown to the
nearest tenth of an acre.
(b)
It can be determined that the excavation was
constructed within easements dedicated for that
purpose.
~,..-' !
Calculation of value of excavated material as follows: Cubic
yards used on site + Cubic yards removed from site + Cubic
yards remaining on site in stockpiles = Total cubic yards
excavated during .....
A certification from the project's surveyor/engineer stating that they
have visually inspected all dikes around any dewatering storage spots
or failures which shall be promptly corrected by the permittee to
assure that there will be no potential for dike rupture that would cause
off-site flooding.
A certification from the project's surveyor/engineer shall accompany
all final completion status reports stating that, based on their
observations and surveys, all work on the excavation(s) was completed
within reasonably acceptable standards of this division and any special
stipulations placed upon the excavation permit.
103
2000
annual status report shall consist of no less than the following
information, and such other information as may be deemed necessary
by the community development and environmental services
administrator or designee, to accurately determine the status of the
excavation, its compliance with this division and the special conditions
of the excavation permit:
(1)
An annual aerial photograph with a scale of no less than
one-inch equals 200 feet.
(2) Depth of excavation soundings taken on a 300 feet grid.
(3)
The property lines of the commercial excavation site shall be
shown on the aerial photograph.
(4).
At the completion of any lake or phase of the excavation
permit, a sealed topographic map by the projects'
surveyor/engineer shall be submitted in conformance to the
preceding section 3.5.8.2.1, paragraph 2-A-(1).
104
2000
ORIGIN: Community Development & Environmental Services
AUTHOR: Barbara Burgeson, Senior Environmental Specialist
DEPARTMENT: Planning Services
LDC PAGE: 3:137
LDC SECTION: 3.9.6.6.6. Requirement for removal of prohibited exotic vegetation
CHANGE: Remove "dwelling units" from the language regarding exotic removal prior to C.O.
on residential lots.
REASON: To require exotic removal prior to C.O. in residential zoning in association with any
improvements or accessory structures, not only dwelling units.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
Sec. 3.9.6.6.6.
In addition to the other requirements of this division, the applicant shall be
required to remove on single-family and two-family lots for all new O,ve-tlam-g
units principal or accessory structures and major additions to principal or
accessory structures, all prohibited exotic vegetation before a certificate of
occupancy is granted. The removal of prohibited exotic vegetation shall be
required in perpetuity. Upon issuance of a vegetation removal permit,
prohibited exotic vegetation may be removed from lots which are zoned
residential single-family (RSF), estates (E), village residential (VR), and
mobile home (MH), prior to issuance of a building permit.
3.9.6.6.6. LDC AMENDMENT/KM
105
DEC ! 3
ORIGIN: Community Development 8,: Environmental Services
AUTHOR: Kim Maheuron, Environmental Specialist I
DEPARTMENT: Planning Services
LDC PAGE: 3:146
LDC SECTION: 3.10.9. Permits and fees
CHANGE: Remove Nest Relocation from the types of sea turtle permits issued by the County
REASON: This permit was created in the code originally to pertain to developers to allow sea
turtle nests to be relocated when laid in the path of construction. Today, the State only allows
sea turtle permit holders to relocate nests and only on rare occasions. This type of permit is no
longer valid for the County to issue.
FISCAL & OPERATIONAL IMPACTS: The current charge for a Sea Turtle Nest Relocation
Permit is $100.
RELATED CODES OR REGULATIONS: None
Sec. 3.10.9. Permits and fees.
3.10.9.1.
Construction in a sea turtle nesting area permit. During the nesting season,
construction within 100 feet of the nesting zone of a beach where sea turtles nest or
may nest shall require a permit from the site development review director or his
designee. The site development review director shall inform the applicant about sea
turtle crawls and nesting. It shall be the responsibility of the applicant to ensure that
all persons working on the permitted construction are similarly informed. All other
required state and federal permits shall be obtained prioc to a construction in sea turtle
nesting area permit being issued.
3.10.9.2.
Turtle handling permit. It shall be unlawful to relocate or possess a sea turtle
without first obtaining a permit from the development services director. The
development services director shall issue said permit only to persons who have
obtained a Florida Marine Turtle permit from the State of Florida department of
natural resources prior to issuance of the Collier County permit.
(Ord. No.
106
DEC
ORIGIN: Collier County Environmental Advisory Council
AUTHOR: Barbara Burgeson, Senior Environmental Specialist
DEPARTMENT: Planning Services; Natural Resources
LDC PAGE: 3:147
LDC SECTION: 3.11.2 - 3.11.4
CHANGE: To provide additional language to the protected species section of the LDC, as
directed by the CCPC and the BCC during the last LDC amendment cycle. Note: It is Staffs
intent to continue to work with the State, and receive input from the public and private
consultants, regarding the ne,~d to address a Collier County regional gopher tortoise
mitigation/relocation parcel. We understand the concerns from the consultants that it is not easy
identifying off site relocation areas for tortoises.
REASON: The Environmental Advisory Council initiated the original amendment that was
approved during the last LDC amendment cycle. Staff was asked to continue to work with the
Public to provide further improvements to the protected species section of the Code, and bring it
back during this cycle.
FISCAL & OPERATIONAL IMPACTS: There will be no additional time or cost anticipated
for Planning Services staff to incorporate this LDC change into their review of projects. Staff
currently reviews all petitions for habitat preservation. In fact, the requirement for the petitioner
to provide better habitat for gopher tortoise will save staff time in that currently staff often
spends time negotiating with applicants for higher quality preserve areas. This amendment will
also reduce the time staff spends attending Environmental Advisory Council (EAC) meetings
justifying either staffs or the applicants proposed preserve area. This amendment will not result
in an increased operational or fiscal impact on either planning or code enforcement staff.
Impacts on the petitioners and landowners will be more operational in nature than fiscal.
They will not be asked to provide additional acres for the gopher tortoise preserves (beyond the
current native vegetation preservation requirement). However, any project already engineered
but not yet approved may need to reconfigure their site plan to accommodate these changes. For
new projects, it will only be necessary to identify the gopher tortoise preserve areas at the
beginnSmg of their site planning process and work around them.
The ElS provides up front information to allow the developer to identify these areas. The EAC
has requested that all projects brought before them clearly identify all the areas of required
preservation on their master plans. In some cases, providing for on site preservation of gopher
tortoises may remove the need for the petitioners to obtain incidental take permits and thereby
would reduce that associated cost to their project.
Since the LDC currently requires that the animals be relocated, this amendment will have no
additional fiscal impact on property owners in requiring that sufficient habitat for tortoises be
retained first on-site, or alternatively both on-site and off-site, and finally, under certain
conditions, entirely off-site. ! ~c,,,~A~'77~'J
RELATED CODES OR REGULATIONS: LDC Section 3.9.5.5.2 through 3.9.5.5.L~ ~ ~'~---'~ ~
z07 ~ DE[!32000 ~
Amend Subsection 3.11.2 through 3.11.4 as follows:
Sec. 3.11.2. Purpose.
The purpose of this division is to protect species in Collier County, Florida by including
measures for protection and/or relocation of endangered, threatened, or species of special,
concern listed by:
a) Florida Fish and Wildlife Conservation Commission (FFWCC) as endangered, threatened or
species of special concern;
b) United States Fish and Wildlife service (USFWS) as endangered or threatened; and
c) Convention of International Trade in Endangered Species of Wild Fauna and Flora (CITES)
on Appendix 1, Appendix II, or Appendix III.
Sec. 3.11.3. New and existing development.
For new and existing development and construction pursuant to division[s] 3.2:3.3 and 3.9 of
this code, and the building code of Collier County, until permanent guidelines and standards are
adopted by Collier County, the following shall apply as interim guidelines or standards for the
protection of endangered species, threatened species and species of special concern as prescribed
by Goal 7 and associated objectives and policies, as amended, of the Conservation and Coastal
Management Element of the Collier County Growth Management Plan:
3.11.3.1.
Plans shall be submitted for review and subject to approval by the Planning
Services_Department of the Community Development and Environmental
Services Division, for the management of habitat and wildlife, including measures
for protection and/or relocation of endangered and threatened species and_species
of special concern. The_County shall consider and may utilize recommendations
and letters of technical assistance of the FFWCC, and recommendations and
guidelines of the USFWS, in issuing development orders on property containing
endangered and threatened species and species of special concern. Such plans
shall comply with current federal, state and local ordinances and policies.
3.11.3.2.
The USFWS South Florida Multi-Species Recovery Plan (May 1999, and as
amended) shall be adopted as minimum guidelines or standards to preserve or
improve the environmental conditions required for the protection and recovery of
West Indian manatee (Trichechus manatus), Florida panther (Puma concolor
coryi), Audubon's crested caracara (Polyborus plancus audubonii), Bald
(Haliaeetus leucocephalus), Florida scrub jay (Aphelocoma coerulescen
plover (Charadrius melodus), Wood stork (Myceteria americana), Rose~
(Sterna dougalli dougalli), Red-cockaded woodpecker (Picoides boreali
108
eagle
te tom,_ ~
,)~
OEC ! 3 2O00
American crocodile (Crocodylus acutus), Eastern indigo snake (Drymarchon
corais couperi), Green sea turtle (Chelonia mydas), Kemp's ridley sea turtle
(Lepidochelys kempii), Leatherback sea turtle (Dermochelys coriacea), and
Loggerhead sea turtle (Caretta caretta).
Until the adoption of federal guidelines for any of the above listed species, the
developer shall be responsible for the development of a protection plan for
conservation and management of these species.
3.11.3.3.
Until the adoption of State of Florida guidelines for the protection of all State
listed species, as listed in "Florida's Endangered Species, Threatened Species and
Species of Special Concern" authored by Florida Fish and Wildlife Conservation
Commission, the developer shall be respons:ble for the development of a
protection plan for conservation and managcment of these species.
3.11.3.4
Gopher Tortoise (Gopherus polyphemus)
(1)
All gopher tortoises, their habitats and the associated comensals are hereby
protected
.......... r .....v r ...................., ......remo,~
.... ; ....... * ,,.1 ...... h .....; ....... ;A.A C.. ;. ,~; .... ,;.. It is expressly
prohibited to take (harass, ha~, hunt, shoot, wound, kill, trap, capture,
collect, or attempt to engage in any such conduct) any gopher to~oise and to
alter, destroy or degrade the functions and values of their natural habitat,
unless othem'ise provided for in this section.
(2)
All gopher tortoise burrows are protected and it is prohibited to
intentionally destroy or malest take one by any means, unless otherwise
provided for in this section.
(3)
Provision is hereby made to allow personnel authorized by t4ae-hkq4ted
State:; Fish and Wild!ife Service, Florida Fish and Wildlife Conservation
Commission and or Collier County to house and relocate tortoises as
necessary and provided for in this section.
(4)
When gopher tortoises are identified on a site, a protection/management
plan or off site relocation plan shall be submitted to the Planning Services
Department of the Community Development and Environmental Services
Division, for review and approval. This shall apply to all new development
and site improvements. It shall also apply to substantial amendments to
existing development and site improvements, where gopher tortoise
protection/management plans have not been previously approved by Collier
County Planning Services Staff.
The protection/management plan shall include, but not be limited to the
following items: 1) a current gopher tortoise survey, which shall be field
verified by Planning Services staff; 2) a proposal for either maintaining the
population in place or relocating it; 3) a site plan identifying the bou,.n_daries
of the gopher tortoise preserve; 4) the method of relocation if
the proposed supplemental plantings if needed; 6) a detail of he g:,~p~~
109
tortoise fencing; 7) an annual maintenance plan describing exotic removal
and possible additional plantings in the future and 8)_identification of
persons responsible for the initial and annual protection/management of the
tortoises and the preserve area. Suitable gopher tortoise habitat shall be
designated on the site plan at the time of the first development order
submittal. Suitable habitat preserved on site shall be credited to the
preservation requirement as specified in Section 3.9.5
(5)
Suitable habitat shall be defined as having the following characteristics: 1)
the presence of well drained, sandy soils, which allow easy burrowing for
gopher tortoises, 2) appropriate herbaceous ground cover (if not present,
supplemental food sources shall be planted), 3) generally open canopy and
sparse shrub cover which allow sufficient sunlight to reach the ground, and
4) typically, includes the presence of an existing gopher tortoise population.
Off site relocation plans may be permitted to meet all or part of the on site
gopher tortoise habitat preservation requirements under the following
circumstances:
a.) Where suitable habitat ......"' ......;a~a does not exist on site;
or,
b.) Where a property owner meets the minimum on site native
vegetation__preservations requirements of this code with
jurisdictional wetlands and thus does not provide appropriate
habitat for gopher tortoises as described above; or,
c) Where scientific data has been presented to in .t,~ ~:.;~. ~, the
Community Development & Environmental Services
Administrator or their designee, and an environmental professional
opinion is rendered that the requirement to provide the required on
site gopher tortoise habitat preservation area will not be conducive
to the long term health of the on site population of tortoises.
If an off site relocation plan is authorized under one or more of the above
conditions, approval of such a plan and associated State permit, shall be
obtained from the Florida Fish and Wildlife Conservation Commission. The
State permit shall be obtained prior to any site improvements or gopher
tortoise relocation. Where appropriate, a combination of on site preservation
and off site relocation may be considered.
(6)
When relocating tortoises on site, the density shall be reviewed on a case by
case basis and no more than 5 tortoises per acre will be considered a suitable
density.
the greatest number of active burrows, and for providing a connectl
site adjacent gopher tortoise preserves. All gopher tortoise preset
be platted with protective covenants as required by section 3.2.9.2.
(7)
When identifying the native vegetation preservation requirement of Section
3.9.5. of this code for parcels containing gopher tortoises, priority shall be
given to protecting the largest most contiguous gopher tortoise habitat with
,es
0 of this'
110
(8)
(9)
code 'or if not platted, shall provide such language on the approved site
development plan. When a decision is made to allow off site relocation of
gopher tortoises, it shall be a priority to preserve scrub habitat, when it
exists on site, for its rare unique qualities and for being one of the most
endangered habitats in Collier County.
Gopher tortoises shall be removed fi'om all active and inactive burrows
located within the area of construction prior to any site improvement, in
accordance with the protection/management plan approved by planning
services staff.
Exemptions. Single family platted lots, 7.5 acres or less in size, shall be
exempt from the requirements set forth in subsection 3.11.3.4 (4), when
these lots are not a part of a previous development order which is required to
comply with 3.11.3.4 (4). However, gopher tom:t4s~ tortoises shall be
protected pursuant to paragraphs 1, and 2 and 3 of this section.
Sec. 3.11.4. Penalties for violation: resort to other remedies.
Violation of the provisions of this division or failure to comply with any of its requirements shall
constitute a misdemeanor. Any person or firm who violates this division or fails to comply with
any of its requirements shall upon conviction thereof be fined, or imprisoned, or both, as
provided by law. Each day such violation continues shall be considered a separate offense. Each
taking of a gopher tortoise shall constitute a separate violation. It is not the intent to include
tortoises that may be accidentally injured or killed during an approved relocation procedure that
is done by a qualified consultant, in accordance with their protection/management plan. Any
other person, who commits, participates in, assists in, or maintains such violation may each be
found guilty of a separate offense and suffer the penalties herein provided. The county, in
addition to the criminal sanctions contained herein, may take any other appropriate legal action,
including but not limited to injunctive action, to enforce the provisions of this division.
(Ord. No. 92-73, § 2)
111
, DEC !32000
ORIGIN: Community Development & Environmental Services
AUTHOR: Barbara S. Burgeson, Sr. Environmental Specialist
DEPARTMENT: Planning Services
LDC PAGE: 3:160
LDC SECTION: 3.14.3 Exceptions; permit
CHANGE: Language added to Section 3.14.3 to allow for additional exception to the vehicle
on the beach regulations to accommodate the commercial aspect of the beachfront hotels and
concessions.
REASON: To allow beachfront hotels to use vehicles to set up parties on the beach and to allow
their concessions to use vehicles to move their equipment on and off the beach.
FISCAL & OPERATIONAL IMPACTS: The operational impacts from the additional
vehicles using the beach may be seen as an imposition to the public and may also be considered
to be less aesthetically pleasing. The operational impacts to additional vehicular use during sea
turtle nesting season could be the potential accidental harm or damage done to the nests or
hatchlings.
RELATED CODES OR REGULATIONS: None.
Amend the LDC Code as follows:
3.14.3.4
Vehicle-on-the-beach permits issued in conjunction with special or annual beach
events: Vehicles which are used in conjunction with functions on the beach, as
permitted by an approved special event temporary use permit, or annual beach events
permit, are exempt from the provisions of this division if a vehicle-on the-beach
permit has been granted by the planning services director or his designee. All
permits issued are subject to the following conditions and limitations:
3. i4.3.4.1. The use of vehicles shall be limited to set-up and removal of equipment for the
permitted function.
3.14.3.4.2. Said permits shall be prominently displayed on the vehicle and kept with the vehicle
and available for inspection;
3.14.3.4.3.
The types of vehicles permitted for this use may include ATV' s, non-motorized
handcarts or dollies, and small utility wagons, which may be pulled behind the
ATV's.
3.14.3.4.4.
PSI.
3.14.3.4.5. Permits shall only be issued for ATV's when staff has determined that: 1) due
distance and the excessive weight of the equipment to be moved that it would
All vehicles shall be equipped with large pneumatic tires inflated to no more than 10
totl~..'=~ _
be
OEC 3 2O00
112
prohibitive in nature to use push carts or dollies or 2) a limited designated work area
has been established at the foot of the dune walkover for loading and unloading and
the ATV use is restricted to that limited area.
3.14.3.4.6. When not in use all vehicles shall be stored off the beach;
3.14.3.4.7. Use of such vehicles on the beach shall be prohibited during sea turtle nesting
season.
3.14.3.5.
Vehicle-on-the-beach permits issued in conjunction with permanent concession
facilities: shall be exempt from the provisions of this division if a vehicle-on-the-
beach permit has been granted by the planning services director or his designee.
Vehicles which are used in coniunction with approved permitted beach concession
activities may be used to set up concession equipment and may be used to remove the
equipment from the beach and return it to the approved storage area, subject to the
following conditions and limitations:
3.14.3.5.1.
The types of vehicles permitted for this use may include ATV's, non-motorized
handcarts or dollies, and small utility wagons, which may be pulled behind the
ATV's.
3.14.3.5.2. Said permit shall be prominently displayed on the vehicle and kept with the vehicle
and available for inspection.
3.14.3.5.3. All vehicles shall be equipped with large pneumatic tires inflated to no more than 10
PSI.
3.14.3.5.4. Permits shall only be issued for ATV's when one of the following criteria has been
met:
1) Evidence has been provided that there is a need to move equipment which, due to
the excessive weigh and distance of equal to or greater than 200 feet, would be
prohibitive in nature to move with push carts or dollies.
2) A limited designated work area has been established at the foot of the dune
walkover for loading and unloading and the ATV use is restricted to that limited
identified area.
3.14.3.5.5. When not in use all vehicles shall be stored off the beach;
3.14.3.5.6.
These vehicles may not be used for transportation of people or equipment throughout
the day. The permit shall designate a limited time for equipment set up and for the
removal of the equipment at the end of the day.
3.14.3.5.7. Use of such vehicles on the beach shall be prohibited during sea turtle nesting
season.
3.14.3.6.
Vehicle-on-the-beach permits for other routine functions associated with permitted
uses of commercial hotel property: Vehicles which are used in conjunction with tasks
such as routine equipment set-up that cannot reasonably be accomplished without the._
f+ ""~F_J~ A
use of such vehicle due to size, weight, volume and such, shall be exempt m tl'~"~ ~
provisions of this division if a vehicle-on-the-beach permit has been grantec~by t-~ .~
/ 2000
planning services director or his designee, subject to the following conditions and
limitations:
3.14.3.6.1. Use of the vehicle shall be limited to one-time set up and one-time removal of
equipment each day.
3.14.3.6.2. Said permit shall be prominently displayed on the vehicle and kept with the vehicle
and available for inspection.
3.14.3.6.3. The types of vehicles permitted for this use may include ATV' s, non-motorized
handcarts or dollies.
3.14.3.6.4. Permits may be issued for ATV's only when staff has approved a limited, designated
work area at the foot of the dune walkover for loading and unloading and the ATV
use is restricted to that limited area.
3.14.3.6.5. All vehicles shall be equipped with large pneumatic tires inflated to no more than 10
PSI.
3.14.3.6.6. When not in use all vehicles shall be stored off the beach;
3.14.3.6.7. Use of such vehicles on the beach shall be prohibited during sea turtle nesting season.
114
DEC ! 3 200O
ORIGIN:
AUTHOR:
DEPARTMENT:
LDC PAGE:
LDC SECTION:
CHANGE:
REASON:
FISCAL & OPERATIONAL IMPACTS:
RELATED CODES OR REGULATIONS:
Planning Services & Public Utilities
Thomas E. Kuck, P.E., Engineering Review Manager/County Engineer
Planning Services Department
LDCB: 4- LDCB:8
Typical Street Sections & Right-of-Way
Design Standards - APPENDIX B
Change 5 Typical Roadways Sections to show required location of water
line and force main within right-of-way.
Requested by Public Utilities to have water line and force mains located
7.5 feet behind gutters for ease of water connections and future
maintenance.
None
None
Attached 5 revised Typical Street Sections.
115
DE& ! 3
Remove this Drawing from LDCB-4
I-
z
u.I
z
u.I
Supp. No. 8
COLLIER COUNTY LAND DEVELOPMENT CODE
LDCB:4
ITEM
DEC ! ~ 2000
Replace LDCB-4 with this drawing.
DEC 13 283r'~
Remove this Drawing from LDCB-5
APPENDIX B--TYPICAL STREET SECTIONS
LU
Supp. No, 8
LDCB:5
Replace LDCB-5 with this drawing.
Remove this Drawing from LDCB-6
COLLIER COUNTY LAND DEVELOPMENT CODE
1!
Supp. No. $
LDCB:6
120
Replace LDCB-6 with this drawing.
: // ,," / E
"~ ~ ':,,
121
Remove this Drawing from LDCB-7
APPENDIX B--TYPICAL STREET SECTIONS
m
Supp. No
LDCB:7
122
OEC L~O
Replace LDCB-7 with this drawing.
< -
ITE~I
2000
Remove this Drawing from LDCB-8
COLLIER COUNTY LAND DEVELOPMENT CODE
95-58, § 3, 11-1-95)
No. 8 LDCB:8
124
DE,~ ! 3 2000
Replace LDCB-8 with this drawing.
ORDINANCE NO. 2000- __
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102,
AS AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE, WHICH INCLUDES THE
COMPREHENSIVE ZONING REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA, BY PROVIDING FOR: SECTION ONE,
RECITALS: SECTION TWO, FINDINGS OF FACT: SECTION
THREE, ADOPTION OF AMENDMENTS TO THE LAND
DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING
THE FOLLOWING: ARTICLE 2, ZONING, DIVISION 2.2.
ZONING DISTRICTS, PERMITTED USES, CONDITIONAL
USES, DIMENSIONAL STANDARDS, INCLUDING THE
ADOPTION OF THE GOODLAND ZONING OVERLAY
DISTRICT OR IN THE ~'tLTERNATIVE A DECLARATION OF
PARTIAL MORATORIUM ON MULTI-FAMILY LAND USES
FOR THE GOODLAND AREA AND THE BAYSHORE DRIVE
MIXED USE OVERLAY DISTRICT; DIVISION 2.4.
LANDSCAPING AND BUFFERING; DIVISION 2.5. SIGNS;
DIVISION 2.6. SUPPLEMENTAL DISTRICT REGULATIONS
INCLUDING BUT NOT LIMITED TO SECTION 2.6.4,
EXCEPTIONS TO REQUIRED YARDS; SECTION 2.6.11,
FENCES; SECTION 2.6.15, SOLID WASTE DISPOSAL;
SECTION 2.6.21, DOCK FACILITIES; SECTION 2.~.33,
MOTION PICTURE/TELEVISION PRODUCTION PERMIT;
ADDING SECTION 2.6.34, ANNUAL BEACH EVENT
PERMITS; AND SECTION 2.6.35, COMMUNICATION
TOWERS; DIVISION 2.7. ZONING ADMINISTRATION AND
PROCEDURES; DIVISION 2.8. ARCHITECTURAL AND SITE
DESIGN STANDARDS AND GUIDELINES FOR
COMMERCIAL BUILDINGS AND PROJECTS; ARTICLE 3,
DEVELOPMENT REQUIREMENTS, DIVISION 3.2.
SUBDIVISIONS; DIVISION 3.3, SITE DEVELOPMENT
PLANS; DIVISION 3.4. EXPLOSIVES; DIVISION 3.5.
EXCAVATION; DIVISION 3.9. VEGETATION REMOVAL,
PROTECTION AND PRESERVATION; DIVISION 3.10. SEA
TURTLE PROTECTION; DIVISION 3.11. ENDANGERED,
THREATENED OR LISTED SPECIES PROTECTION;
DIVISION 3.14. VEHICLE ON THE BEACH REGULATIONS;
ARTICLE SIX, DEFINITIONS, DIVISION 6.3, DEFINITIONS
INCLUDING BUT NOT LIMITED TO THE DEFINITION OF
"RESIDENTIAL HOTEL"; APPENDIX B, TYPICAL STREET
SECTIONS AND RIGHT-OF-WAY DESIGN STANDARDS;
SECTION FOUR; ADOPTION OF AMENDED ZONING
ATLAS MAPS; SECTION FIVE, CONFLICT AND
SEVERABILITY; SECTION SIX, INCLUSION IN THE
COLLIER COUNTY LAND DEVELOPMENT CODE; AND
SECTION SEVEN, EFFECTIVE DATE.
WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners adopted
Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LDC) , which has been
subsequently amended; and
WHEREAS, the LDC may not be amended more than two ttmes
Section 1.19.1., LDC; and
WHEREAS, this is the second amendment to the LDC, Ordinance 91-102, for the cale
2000; and
Words gtruck :Src,'--'g~ are deleted, words underlined are added.
1
in each calendar year pursuant to
DEC 1 3 2000
WHEREAS, on March 18, 1997, the Board of County Commissioners adopted Resolution 97-177
establishing local requirements and procedures for amending the LDC; and
WHEREAS, all requirements of Resolution 97-177 have been met; and
WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold
advertised public hearings on November 29, 2000 and December 13. 2000, and did take action concerning
these amendments to the LDC: and
WHEREAS, all applicable substantive and procedural requirements of the law have been met.
NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier
County, Florida, that:
SECTION ONE: RECITALS
The foregoing recitals are true and correct and incorporated by reference herein as if fully set forth.
SECTION TWO: FINDINGS OF FACT
The Board of County Commissioners of Collier County, Florida, hereby makes the following
findings of fact:
1. Collier County. pursuant to Sec. 163.3161, et secl., Fla. Star., the Florida Local Government
Comprehensive Planning and Land Development Regulations Act (hereinafter the "Act"), is required to prepare
and adopt a Comprehensive Plan.
2. After adoption of the Comprehensive Plan, the Act and in particular Sec. 163-3202(1). Fla.
Star., mandates that Collier County adopt land development regulations that are consistent with and implement
the adopted comprehensive plan.
3. Sec. 163.3201, Fla. Star.. provides that it is the intent of the Act that the adoption and
enforcement by Collier County of land development regulations for the total unincorporated area shall be based
on: be related to. and be a means of implementation for, the adopted Comprehensive Plan as required by the
Act.
4. Sec. 163.3194(1)(b), Fla. Star., requires that all land development regulations enacted or
amended by Collier County be consistent with the adopted Comprehensive Plan. or element or portion thereof.
and any land development regulations existing at the time of adoption which are not consistent with the adopted
Comprehensive Plan, or element or portion thereof. shall be amended so as to be consistent.
5. Sec. 163.3202(3), Fla. Star., states that the Act shall be construed to encourage the use of
innovative land development regulations.
6. On January 10, 1989. Collier County adopted the Collier County Growth Management Plan
(hereinafter the "Growth Management Plan" or "GMP") as its Comprehensive Plan pursuant to the requirements
of Sec. 1634.3161 et se._~q. Fla. Star., and Rule 9J-5, F.A.C.
7. Sec. 163.3194(1)(a), Fla. Star.. mandates that after a Comprehensive Plan, or element or
portion thereof, has been adopted in conformity with the Act, all development undertaken by, and all actions
taken in regard to development orders by, governmental agencies in regard to land covered by such
Comprehensive Plan or element or portion thereof shall be consistent with such Comprehensive Plan or element
or portion thereof.
8. Pursuant to Sec. 163.3194(3)(a), Fla. Slat.. a development order or land development
regulation shall be consistent with the Comprehensive Plan if the land uses, densities or intensities, in the
Comprehensive Plan and if it meets all other criteria enumerated by the local government.
9. Section 163.3194(3)(b). Fla. Star., requires thata development approved or unde~en by~
local government shall be consistent with the Comprehensive Plan if the land uses, densities or i4tensi~i~,
Words ztr::zl: :~rv~u?,~ are deleted, words underlined are added.] DEC
capacity or size, timing. and other aspects of development are compatible with, and further the objectives,
policies, land uses, densities or intensities in the Comprehensive Plan and if it meets all other criteria
enumerated by the local government.
10. On October 30, 1991, Collier County adopted the Collier County Land Development Code,
which became effective on November 13, 1991 and may be amended twice annually.
11. Collier County finds that the Land Development Code is intended and necessary to preserve
and enhance the present advantages that exist in Collier County; encourage the most appropriate use of lan&
water and resources, consistent with the public interest; overcome present handicaps; and deal effectively with
future problems that may result from the use and development of land within the total unincorporated are of
Collier County and it is intended that this Land Development Code preserve, promote, protect, and improve the
public health, safety, comfort, good order, appearance, convenience, and general welfare of Collier County;
prevent the overcrowding of land and avoid the undue concentration of population; facilitate the adequate and
efficient provision of transportation, water, sewerage schools, parks, recreational facilities, housing, and other
requirements and services, conserve, develop, utilize, and protect natural resom'ces within the jurisdiction of
Collier County; and protect human, environmental, social, and economic resources; and maintain through
orderly growth and development, the character and stability of present and future land uses and development in
Collier County.
12. It is the intent of the Board of County Commissioners of Collier County to implement the
Land Development Code in accordance with the provisions of the Collier County Comprehensive Plan, Chapter
1 _.. Fla. Stat., and Chapter 163, Fla. Star., and through these amendments to the Code.
SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT
CODE
SUBSECTION 3.A, AMENDMENTS TO GENERAL DIVISION
Division 2.1.. General. of Ordinance 91-102, as amended, the Collier County Land Development
Code, is hereby amended to read as follows:
DIVISION 2.1.
Sec. 2.1.5.
GENERAL
Amendment to Official Zoning Atlas
1. U.S. 41 E. E Tamiami Trail (Eagle Lakes Community Park), Township 50 S, Range 26 E,
Section 330, Map No. 0633 N, A to P.
2. U.S. 41 E, E Tamiami Trail (Eagle Lakes Community Park), Township 50 S, Range 26 E,
Section 33, Map No. 0633S, A to P,
3. Golden Gate Blvd. (Max Hasse Community Park), 94, 95, 96, 98 and 11 I. Golden Gate
Estates Unit 4, Map No. GGE22, E to P.
4. Vanderbilt Drive (Cocohatchee Community Park), Township 48 S, Range 25 E, Section 17,
Map No. 8517S, CF to P.
5. Carson Road (Tony Rosebaugh Park), Township 46S. Range 29 E. Section 31. Map No. 6931,
A toP.
6. Washington Street (lmmokalee Sports Complex), Township 46 S, Range 29 E, Section 33,
Map No. 6933S, RMP-6 to P.
7. Third Avenue (Immokalee Community Park), Township 47 S, Range 29 E, Section 4, Map
No. 7904N. RSF-3 to P.
State Road 29 (Oil Well Park), Township 48 S, Range 29 E, Section 20, Map No. 482930, A-
MHO to P.
Words airgel: :krv.::g.L are deleted, words underlined are added.
3
DEC
9. Bluebill Avenue (Connor Park), Township 48 S, Range 25 E, Section 29, Map No. 8529N,
RMF-6 to P.
10. 9th Street South (Immokalee) (Dream Land Park), Township 47 S, Range 29 E, Section 4, Map
No. 7904S, RMF-6 to P.
I I. 18th Court SW (G G Unit 5) (Rita Easton Park), Township 49 S, Range 26 E, Section 21, Map
No. 9621N, RSF-3 to P.
12. 23rd Avenue SW (Aaron Lutz Park), Township 49 S, Range 26 E, Section 22, Map No. 9622S,
RSF-3 to P.
13.
14.
15.
16.
Sholtz Street (East Naples Tot Park), Township 50 S, Range 26 E, Section 29, Map No.
0629N. RSF-4 to P.
Lotus Drive (Coconut Circle Neighborhood Park), Township 50 S, Range 25 East, Section 1,
Map No. 05015, RSF-4 to P.
Poinciana Drive (Poinciana Village Neighborhood Park), Township 49 S, Range 25 E, Section
23, Map No. 95235, RSF-4 to P.
Undivided Block I 18, Golden Gate Unit 4, according to the plat thereof, recored in the Official
Records of Collier County, Florida, in Plat Book 5, Pages 107, (Golden Gate Community
Park ), Township 49 S, Range 26 E, Section 21, Map No. 9621S. RSF-3 to P.
SUBSECTION 3.B.
AMENDMENTS TO ZONING DISTRICTS, PERMITTED USES
CONDITIONAL USES, DIMENSIONAL STANDARD DIVISION
Division 2.2.,
Ordinance 91-102. as amended. the Collier County Land Development Code, is hereby amended to read as
follows:
DIVISION 2.2.
Zoning Districts, Permitted Uses, Conditional Uses, Dimensional Standards, of
ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES,
DIMENSIONAL STANDARDS
Rural agricultural district (A).
Conditional uses. The following uses are permitted as conditional uses in the rural
agricultural district/A), subject to the standards and procedures established in
division 2.7.4.
Extraction or earthmining. and related processing and production not
incidental to the agricultural development of the property.
2. Sawmills.
Zx3o. aquarium, aviary, botanical garden, or other similar uses.
Hunting cabins.
Aquaculture for nonnative or exotic species, subject to State of Florida
game and freshwater fish commission permits.
6. Wholesale reptile breeding or raising (venomous).
7. Churches and other places of worship.
Sec. 2.2.2.
Words ............e.. are deleted.ords underlined are added.
4
10.
!l.
13.
14.
16.
17.
18.
19.
20.
21.
22.
Private landing strips for general aviation, subject to any relevant state and
federal regulations.
Cemeteries.
Schools, public and private.
Child care centers and adult day care centers.
Collection and transfer sites for resource recovery.
Communication towers above specified height, subject to section 2.6.35.
Social and fraternal organizations.
Veterinary clinic.
Group care facilities (category I and II); care units; nursing homes;
assisted living facilities pursuant to § 400.402 F.S. and ch. 58A-5 F.A.C.;
and continuing care retirement communities pursuant to § 651 F.S. and ch.
4-193 F.A.C., all subject to section 2.6.26 when located within the Urban
Designated Area on the Future Land Use Map to the Collier County
Growth Management Plan.
Golf courses and/or golf driving ranges.
Oil and gas field development and production subject to state field
development permits.
Sports instructional schools and camps.
Sporting and recreational camps.
Retail plant nurseries subject to the following conditions:
a. Retail sales shall be limited primarily to the sale of plants, decorative
products such as mulch or stone, fertilizers, pesticides, and other
products and tools accessory to or required for the planting or
maintenance of said plants.
b. Additionally, the sale of fresh produce is permissible at retail plant
nursuries as an incidental use of the property as a retail plant nursery.
The sale of large power equipment such as lawn mowers. tractors,
and the like shall not be permitted in association with a retail plant
nursery in the rural agricultural district.
Asphalfic and concrete batch making plants subject to the following
conditions:
ao
Asphaltic or concrete batch making plants may be permitted within
the area designated agricultural on the future land use map of the
future land use element of the growth management plan.
b. The minimum site area shall not be less than ten acres.
The site shall gain its principal access from a street designated
collector or higher classification of road as designated by the future
traffic circulation element of the growth management plan.
Raw materials storage, plant location and general operations around
the plant shall not be located or conducted within 100 feet of any
exterior boundary.
i k k
Words ~:r~:c.~ :.,ro.'-'~... are deleted, words underlined are added.
5
e. The height of raw material storage facilities shall not exceed a height
of 50 feet.
Hours of operation shall be limited to two hours before sunrise to
sunset.
The minimum setback from the principal road frontage shall be 150
feet for operational facilities and 75 feet for supporting
administrative offices and associated parking.
An earthen berm achieving a vertical height of eight feet or
equivalent vegetative screen with 80 percent opacity one year after
issuance of certificate of occupancy shall be constructed or created
around the entire perimeter of the property.
Compliance with all applicable ordinances of Collier County
particularly the Wellfield Protection Ordinance No. 91-103 ]div.
3.16 of this land development code] and the Noise Ordinance No.
90-17 [Code ch. 54, art. IV].
j. The plant shall not be located:
(1)
Within the Greenline Area of Concern for the Florida state park
system as established by the department of natural resources
(DNR);
(2) Within the Area of Critical State Concern as depicted on the
future land use map;
(3) Within 1,000 feet of a natural reservation;
(4) Within any county, state or federal jurisdictional wetland area.
23.
Cultural, educational, or recreational facilities and their related modes of
transporting participants, viewers or patrons where applicable, subject to all
applicable federal, state and local permits. Tour operations, such as, but not
limited to airtx)ats. swamp buggies, horses and similar modes of
transportation, shall be subject to the foliowine criteria:
Permits or letters of exemption from the US Army Corps of
Engineers, the Florida Department of Environmental Protection,
and the South Florida Water Manaeement District shall be
presented to the Planning Services Director prior to Site
Development Plan approval.
(2')The petitioner shall post the property along the entire property
line with no trespassing signs approximately every 300 yards.
(3)
The petitioner shall utilize only trails identified and approved on
the Site Development Plan. Any existing trails shall be utilized
before the establishment of new trails.
Motor vehicles shall be equipped with engines which include
spark arrestors and mufflers designed to reduce noise.
(5)
The maximum size of any vehicle, the number of vehicles. and
the passenger capacity of any vehicle shall be determined by the
Board of Zoning Appeals during the Conditional Use process.
Words ztruck :~rc, ggL are deleted. words underlined are added.
6
Section 2.2.8.4.8.
2.2.8.4.8.
Sec. 2.2.10
.... 10. l
2.2.10.2.
(6)
Motor vehicles shall be permitted to operate during daylight
hours which means, one hour after sunrise to one hour before
.sunset.
(7) Molestation of wildlife, including feeding, shall be prohibited.
(8) Vehicles shall comply with State and United States Coast Guard
regulations, if applicable.
(9) The Board of Zoning Appeals shall to review such a Conditional
Use for tour operations, annually. If during the review, at an
advertised public hearing, it is determined by the Board of
Zoning Appeals that the tour operation is detrimental to the
environment, and no adequate corrective action has been taken
by the petitioner, the Board of Zoning Appeals may rescind the
Conditional Use.
Floor area ratio.
* * 8: * * * *
Floor area ratio. The maximum floor area ratio for hotels, motels and timeshare
facilities shall not exceed a factor of 0.60, except for destination resort hotels and
residential hotels as defined in Article 6.3 where a floor area ratio of 0.80 and
1.15 is permitted respectively.
Mobile Home District
Purpose and intent. The purpose and intent of the mobile home district (MH) is
to provide lands for mobile homes and modular built homes as defined in this
Land Development Code that ensure that they are consistent and compatible with
surrounding land uses. The MH district corresponds to and implements the urban
mixed-use land use designation on the future land-use map of the Collier County
growth management plan. The maximum density permissible in the mobile home
district and the urban mixed-use land use designation shall be guided, in part, by
the density rating system contained in the future land use element of the Collier
County growth management plan.
The maximum density permissible or permitted in the MH district shall not
exceed the density permissible under the density rating system, except as
permitted by policies contained in the future land use element, or as identified in
the lmmokalee Future Land Use Map of the Growth Management Plan.
Permitted uses. The following uses are permitted as of the right or as uses
accessory to permitted uses, in the mobile home district (MH).
Permitted uses.
1. Mobile homes.
2_:. Modular built homes.
32. Family care facilities, subject to Section 2.6.26.
_4--3.Recreational vehicles (RV) as defined in the TTRVC district for those areas
zoned MHTT or MHRP prior to November 13, 1991. in accordance with an
approved master development plan designation specific areas for RV spaces.
The development standards of the TTRVC district iexcluding lot size and
area) shall apply to the placement and uses of land in said RV areas.
Words ............. e.. are deleted. words underlined are added.
7
Sec. 2.2.28.
2.2.28.3.
lmmokalee Overlay District
State Road 29 Commercial Overlay Subdistrict: special conditions for the
properties, abutting SR-29, as identified on in the lmmokalee Area Master Plan;
referenced on Map 2; and further identified by the designation "SR29COSD" on
the applicable official Collier County Zoning Atlas Maps.
Map 2
SR 211 COMMERCIAl OVERI_&¥ SUBDISTRIC']' ISR29COISDI
2.2.28.3.1.
2.2.28.3.2.
2.2.28.3.3.1.
2.2.28.3.3.2.
2.2.28.3.4.
2.2.28.3.5.
2.2.28.3.6.
Purpose and intent. The purpose of this designation is to provide for retail, office,
transient lodging facilities and highway commercial uses that serve the needs of
the traveling public. These commercial uses must be located on a major arterial
or collector roadway. The provisions of this sub-district are intended to provide
an increased commercial depth along SR-29 with development standards that will
ensure coordinated access and appropriate landscaping and buffering compatible
with nearby residential properties.
Applicability. These regulations apply to the commercial district along SR-29 as
identified on the lmmokalee Future Land Use Map.
Development criteria. The following standards shall apply to all uses in this
overlay subdistrict.
Access points to SR-29 shall comply with Florida State Department of
Transportation permitting regulations. Parcels that do have a minimum of 440-
feet of street frontage shall provide access off existing adjacent roadways, when
possible, and should not access to SR-29.
Owners of lots or combinations of lots having less than the required street frontage
may petition the board of zoning appeals for a variance from the standard in this
sub-district as will not be contrary to the public interest when owing to special
conditions peculiar to the property, a literal enforcement of these standards would
result in unnecessary and undue hardship.
Shared parking arrangements between adjoining developments shall be
encouraged.
Deceleration and acceleration lanes shall be provided.
Pedestrian traffic shall be encouraged by providing sidewalks. The location of
these sidewalks shall be coordinated with adjacent projects.
Words z:rr:rk thrv,::,gh are deleted, words underlined are added.
8
.... 28.3.7. Buildings shall be set back from SR-29 a minimum of 25 feet and from the rear
lot line a minimum of 25 feet.
2.2.28.3.8.
Projects with a total building square footage of less than or equal to 5,000 square
fee___!t shall provide a ten-foot Type A landscape buffer as described in section 2.4
between vehicular rights-of-way with required sidewalks and adjacent residential
development. Adjacent commercial projects shall provide coordinated landscape
plans.
2.2.28.3.9.
Projects with a total bulldine square footage of less than or equal to 5,000 square
feet shall provide A-an area equal to a minimum of two and one-half percent of
the total interior vehicular use area which shall be landscaped to provide visual
relief.
9 ~ 2~ 3 "~ Projects with a total building square foota~,e exceeding 5,000 square feet shall
provide landscape buffering in accordance with Section 2.4.5 of this Code.
2.2.28.3.4-0.11 Buildings shall have a maximum height of 50 feet.
2 ....8.4.
Jefferson Avenue Commercial Overlay Subdistrict.' special conditions for the
properties abutting Jefferson Avenue as identified o~ i_on the lmmokalee Area
Master Plan: referenced on Map 3; and further identified by the designation
"JACOSD" on the applicable official Collier County Zoning Atlas Maps.
Words ;:r~ck :.~.r:~;:g.~ are deleted, words underlined are added·
9
2.2.28.4.1.
2.2.28.4.2.
2.2.28.4.3.1.
..... 8.4.3.2.
2.2.28.4.4.
2.2.28.4.4.1.
Map 3
Purpose and intent. The purpose of this designation is to provide for retail. office,
transient lodging facilities and highway commercial uses that serve the needs of
the traveling public. These commercial uses must be located on a major arterial
or collector roadway. The provisions of this sub-district are intended to provide
an increased commercial opportunity along Jefferson Avenue with development
standards that will ensure coordinated access and appropriate landscaping and
buffering to be compatible with nearby residential properties.
Applicabili(v. These regulations apply to the commercial district along Jefferson
Avenue as identified on the Immokalee Future Land Use Map.
Development criteria. The following standards shall apply to all uses in this
overlay subdistrict.
Access points for future commercial development shall be limited to a maximum
of one per 150 feet of street frontage. Properties with less than the required street
frontage, shall be encouraged to utilize shared access points with adjoining
commercial development.
Owners of lots or combination of lots having less than the 150-foot of required
frontage may petition the board of zoning appeals for a variance from the standard
in this sub-district as will not be contrary to the public interest when owing to
special ccmditions peculiar to the properly, a literal enforcement of these standards
would rest?n in unnecessary and undue hardship.
Projects with a total building square footage of less than or equal to 5,000 square
feet shall provide ,a, _.a ten-foot Type A landscape buffer as identified in section
2.4.5 of this Code sh'al! be ?ro;'i~ed on Jefferson Avenue for "~l commercial
Projects with a total building square footage exceedinR 5,000 square feet shall
provide landscape bufferine in accordance with Section 2.4.5 of this Code.
Words z:r'zck tkrg;~gk are deleted, words underlined are added.
10
2.2.28.4.5.
2.2.28.4.6.
2.2.28.4.7.
2.2.28.8
2.2.28.8.1
2.2.28.8.2
2.2.28.8.3
2.2.28.8.4
Provisions for shared parkingarrangements with adjoining developments shall be
encouraged.
Commercial buildings shall be set back from Jefferson Avenue a minimum of 25
feet.
Commercial building shall have a maximum height of 50 feet excluding ten feet
for under-building parking.
Main Street Overlay Subdistrict:
Main Street Overlay Subdistrict: special conditions for the properties identified in
the lmmokalee Area Master Plan; referenced on Map 7; and further identified by
the designation "MSOSD" on the applicable official Collier County Zoning Atlas
Maps.
Map 7
MAIN STREET OVERLAY SUBDISTRICT
.....
,. .' -4-
L -
Purpose and intent. The purpose of this designation is to encourage development
and redevelopment by enhancing and beautifying the downtown Main Street area
through flexible design and development standards.
Applicabilio'. These regulations apply to the Main Street Overlay Subdistrict as
identified on Map 7 and further identified by the designation "MSOSD- on the
applicable official Collier County zoning atlas maps.
Permitted Uses. For all properties within the Main Street Overlay Subdistrict,
except for properties hatched as indicated on Map 7, the Main Street Overlay
Subdistrict, all permitted uses within the uses within the underlying zoning
districts contained within this subdistrict, and the following use may be permitted
as a right in this subdistrict:
I. Hotel and Motels (group 7011).
Permitted uses. For hatched properties within the Main Street Overlay Subdistrict,
all permitted uses within the underlying zoning districts contained within this
subdistrict, and the following uses are permitted as a fight in this subdistrict:
Words .............e,, are deleted, words underlined are added.
11
I. All uses allowed in the Commercial Professional District
(C- 1 ), of this code, except for group (7521 ).
2.2.28.8.5
Prohibited Uses. All uses prohibited within the underlying residential and
commercial zoning districts contained within this subdistrict, and the following
uses, shall be prohibited in the Main Street Overlay Subdistrict:
1. Automobile Parking (group 7521) on all properties having frontage on Main
Street, North First Street. South First Street and North 9 h Street within the Main Street
Overlay Subdistrict.
2. Automotive dealers (groups 551 l, 5521, 553 ! installation,
5551,5561,5571,5571,5599) on all properties having frontage on Main
Street. North First Street and South First Street within the Main Street
Overlay Subdistrict.
3. Gasoline Service Stations (group 5541) on all properties having frontage on
Main Street and gasoline service stations (group 5541 with services and
repairs as described in section 2.6.28) are prohibited on all properties having
frontage on North First Street and South First Street within the Main Street
Overlay Subdistrict.
4. Primary uses such as convenience stores and grocery stores are prohibited
from servicing and repairing vehicles in conjunction with the sale of
gasoline. on all properties having frontage on Main Street, North First Street
and South First Street within the Main Street Overlay Subdistrict.
5. Automotive repair, services parking (groups 7514, 7515, 7521) and
carwashes (group 7542) on all properties having frontage on Main Street,
North First Street and South First Street within the Main Street Overlay
Subdistrict.
6. Radio and Television Repair Shops (group 7622 automotive) is ar._~e
prohibited on all properties having frontage on Main Street, North First
Street and South First Street within the Main Street Overlay Subdistrict.
7. Outdoor Storage yards and outdoor storage are prohibited within any front,
side or rear yard on all properties within the Main Street Overlay
Subdistrict.
8. Drive-through areas shall be prohibited on all properties having frontage on
Main Street, North First Street and South First Street within the Main Street
Overlay Subdistrict.
9. Warehousing (group 4225)
10. Communication towers, as defined in section 2.6.35 of this code
4-13.11~ Any other heavy commercial use which is comparable in nature with the
forgoing uses and is deemed inconsistent with the intent of this subdistrict
shall be prohibited.
2.2.28.8.6 Accessory uses.
Uses and structures that are accessory and incidental to the permitted uses as
of right in the underlying zoning districts contained within this subdistrict
and are not otherwise prohibited by this subdistrict.
2.2.28.8.7 Conditional uses.
Uses permitted in the underlying zoning districts contained within this
subdistrict. subject to the standards and procedures established in section
2.7.4 and as set forth below:
A. Local and Suburban passenger transportation (groups 4131 4173)
located upon commercially zoned properties within the Main Street
Overlay Subdistrict,
2.2.28.8.8 Outdoor Display and Sale of Merchandise.
Outdoor display and sale of merchandise, within the front and side yards on
improved properties, are permitted subject to the following provisions:
Words ............. e., are deleted, words underlined are added.
12
2.2.28.8.9
2.2.28.8.9.1
2.2.28.8.11
..... 8.8.12
The outdoor display/sale of merchandise is limited to the sale of
comparable merchandise sold on the premises and as indicated on the
proprietor's occupational license.
The outdoor display/sale of merchandise is permitted on improved
commercially zoned properties and is subject to the submission of a
site development plan that demonstrates that provisions will be made
to adequately address the following:
1. Vehicular and pedestrian traffic safety measures.
2. Location of sale/display of merchandise in relation to parking
3. Fire protection measures.
4. Limited hours of operation from dawn until dusk.
Outdoor display and sale of merchandise within the sidewalk area only shall
be permitted in conjunction with "Main Street" approved vendor carts,
provided the applicant submits a site development plan which demonstrates
that provisions will be made to adequately address the following:
1. Location of sale/display of merchandise in relation to road rights-
of-way;
2. Vendor Carts are located on sidewalks that afford the applicant a
five foot clearance for non-obstructed pedestrian traffic; and
3. Limited hours of operation from dawn until dusk
Dimensional Standards. Subject to the provisions of this code, for each
respective zoning district, except as noted below:
Yard requirements.
Maximum yard requirements.
1. Front Yard: 7 or 10 feet.
2. Side Yard: 0 - 10 feet.
Minimum yard requirements.
3. Rear Yard: 0 or 5 feet.
4. Abutting Residential. 20 feet.
Maximum height of structures.
1. All structures shall be no more than 35 feet in height, except hotel/motel
uses shall be no more than 50 feet in height.
Minimum off-street parking and off-street loading. As permitted by Section
2.2.28.7. standards for parking within the lmmokalee Central Business District,
and as set forth below:
1. Outdoor caf~ areas, shall be exempt from parking calculations.
2. All properties within the Main Street Overlay Subdistrict, having frontage
on Main Street, First Street or Ninth Street are required, by this subdistrict
to locate all parking in the rear and/or side yards.
Signs. As required in division 2.5. and as set forth below:
1. Projecting signs are allowed in addition to permitted signs provided such
signs do not exceed 6 square feet in size and are elevated to a minimum of 8
feet above pedestrian way.
2. Sandwich Boards are permitted, one per eating establishment, not to exceed
6 square feet in size and shall only be displayed during business hours.
Commercial design guidelines. Subject to provisions of division 2.8_
Architectural and Site Design Standards for Commercial Buildings and Projects,
except as set forth below:
1. Properties having frontage on Main Street or First Street or Ninth Street are
required to locate its primary business entrance on that street. Parcels
Words ;:r::zk t.kraug.% are deleted, words underlined are added.
13
*~'8813
fronting both Main Street and First Street or both Main Street and Ninth
Street are required to locate their primary business entrance on Main Street.
2. Reflective or darkly tinted glass is prohibited on ground floor windows.
3. Properties with less than 50 feet of road frontage shall only require a
minimum of one roof change.
4. Commercial projects 5,000 square feet in size or less shall only require a
minimum of two design features, as described within section 2.8.4.4.6 of
this code.
5. To encourage redevelopment within the Main Street Overlay Subdistrict, for
proposed redevelopment of existing projects that do not increase impervious
surface area and whose total building area is less than or equal to 5,000
square feet in size, the applicant shall be exempt from Section 2.4.3.1. of the
Landscaping and Buffering provision, requiring the seal of a landscape
architect and shall also be exempt from Division 2.8. Architectural and Site
Design Standards and Guidelines for Commercial Buildings and Projects,
requiring the seal of an architect.
6. The minimum commercial design criteria, as set forth above. are shall ~ b._~e
applicable to projects with a total building square footage of less than or
equal to at'eater than 5,000 square feet in ~ize.
Landscaping and buffering. Subject to provisions of division 2.4, of this code,
except as set forth below:
1. To encourage redevelopment, the following landscape criteria shall apply
to all commercially zoned properties and those residential properties
with permitted commercial uses, except where otherwise prohibited by
this subdistrict-c_. The following landscape buffering criteria shall be
applicable to proiects with a total building square footage of less than
or equal to 5.000 square feet:
a. Properties adjacent to residentially zoned lots/parcels shall
provide a minimum 10 foot wide landscape buffer, 6 feet foot m
k~:~,, high hedge or wall (4 feet at planting; 6 feet within one
year) with trees spaced no more than 25 feet on center;
b. Properties adiacent to commercially zoned lots/parcels shall
provide a minimum 5 foot wide landscape a m:.nim~:m peameter
buffer cf ~ r~, in ,,~,h ·
............. w~th a single row hedge ',v'?~ and trees
spaced no more than 30 feet on center;. ~k~n ~. ......... ;~..~ r~ ~n
....... ; .... The hedge shall at a minimum consist of 3 gallon
plants, 2 feet in height spaced a minimum of 3 feet on center at
planting.
c. A minimum 5 foot buffer, with at least two trees o~ each per
]off parcel or one tree per 40 linear feet whichever is greater.
shall be required adjacent to all rights-of-way:
d. Lots/parcels that are unable to meet the above minimum
landscape criteria, shall be required to provide landscape
planters and/or flower boxes for each such propert3', as
recommended by the County Landscape Architect or Count5'
Planning Director: and
'~-~ ~;~; .... ~-'~-~? .......... ~ ........ are
net ap?!icab!-c tc ccmmercia! projects greater than 5,990 gq~:are
feet in size
Section 2.2.33. Bayshore Drive Mixed Use OverlaF District
2.2.33
Bayshore Drive Mixed Use Orerlav District: special conditions for the properties
adjacent to Bayshore Drive as referenced on Map 1: and further identified by the
desienation "BMUD" on the applicable official Collier Count~. Zoning Atlas Map
or map series.
Words ..............~... are deleted, words underlined are added.
14
2.2.33.1
2.2.33.2
Purpose and intent. The purpose and intent of this district is to encourage
revitalization along the Bayshore Drive corridor by providing opportunities for
small-scale mixed use development. This district is intended to: revitalize the
commercial and residential development along this corridor; enhance the
waterfront; encourage on-street parking and shared parking facilities and provide
appropriate landscaping and buffering between the various types of uses; and
protect and enhance the nearby single-family residential units. The types of uses
permitted are low intensity retail, office, personal service and residential uses.
Applicability. These regulations shall apply to the Bayshore Drive Mixed Use
Overlay District as identified on Map I and further identified by the designation
"BMUD" on the applicable official Collier County Zoning Atlas Maps. Except as
provided in this section of the code, all other uses, dimensional and development
requirements shall be as required in the applicable underlying zoning category.
Words ............e.. are deleted. words underlined are added.
15
BAYSHORE DRIVE
MIXED USE OVERLAY DISTRICT
~- ~:~ ~ ' .... '" , , '~ ~' - --~.'~ ~'~
Map BMUD #1
.... 33.3
111ustration~ used in this section are solely intended to provide a graphic example
of a specific standard or standards set forth herein and not as requirements the for
style of specifics projects. Variations from these iljustrations, which nonetheless
adhere to the provisions of this section, are permitted.
2.2.33.4 Subdistricts. There are three subdistricts identified within the Bayshore Mixed
Use District: Neighborhood Commercial; Waterfront: and Residential. The
boundaries of these subdistricts are identified on Map 1 and further identified by
the designation "BMUD" on the applicable official Collier County Zoning Atlas
Map or map series. Uses and standards for each subdistrict are specified. In the
event that parcels are assembled that include parcels fronting Bayshore Drive and
extending to the end of the overlay boundary, a mixed-use development is
Words =:r'ack :hr:z"gh are deleted, words underlined are added.
16
permissible and may include all of the uses specified in the corresponding
neighborhood commercial and residential subdistricts, provided the most
restrictive landscaping and buffering requirements will apply to development
abutting any residential district.
2.2.33.5
Neighborhood Commercial Subdistrict. The purpose and intent of this
subdistrict is to encourage a mix of low intensity commercial uses and residential
uses. Developments will be small-scale and pedestrian-oriented.
2.2.33.6
Permitted uses. For all o.f the properties located within the Neighborhood
Commercial Subdistrict, as indicated on Map I, the Bayshore Drive Mixed Use
Overlay District, the following uses are permitted as of right in this subdistrict:
aa.
bb.
CC.
dd.
Accounting, auditing and bookkeeping services (8721).
Amusement and recreation services (groups 7911, 7991,
Apparel and accessory stores (groups 5611-5699).
Barber shops (7241 ).
Beauty shops (7231 ).
Business services (groups 7311, 7313, 7322-7338, 7384).
Eating places (5812 except concession stands, contract feeding, dinner
theaters, drive-in restaurants, fast food restaurants, food service
(institutional), industrial feeding).
Food stores (groups 5411 except convenience stores. and supermarkets,
5421-5499).
General merchandise stores (5331-5399).
Offices for engineering. architectural, and surveying services (groups
8711-8713).
Health services (8011-8049, 8082).
Home furniture, furnishing and equipment stores (groups 5714-5719,
5731-5736).
Hotels and Motels (7011 except hostels).
Insurance carriers, agents and brokers (groups 6311-6361, 6411).
Legal services (8111).
Management and public relations services (groups 8741-8743, 8748).
Membership organizations (8611-8699).
Miscellaneous repair services, (7629, 7629 except aircraft, business and
office machines, large appliances, and white goods such as refrigerators
and washing machines an4 7631).
Miscellaneous retail services (5912, 5932 -5949, 5992-5999).
Museums and an galleries (8412).
Personal services (groups 7212, 7291)
Photographic studios (7221 ).
Public administration (groups 9111-9199, 9229, 9311,9411-9451,9511-
9532, 9611-9661 ).
Real estate (groups 6531-6541 ).
Security and commodity brokers. dealer, exchanges and services (croups
6211-6289)
Shoe repair shops and shoeshine parlors (7251).
United States Postal Service (431 l except major distribution center).
Veterinary services (groups 0742 veterinarian's office only, 0752 dog
grooming and pedigree record services only, all excluding outdoor
kenneling).
Videotape rental (7841)
Residential with the following limitations: multi-family uses are permitted
above commercial uses on lots fronting Bayshore Drive. ~:~ single !:_.~,
units are permitted on lots fronting Bayshore Drive
2.2.33.7
Prohibited uses All uses prohibited within the underlying rcsidentiai and
commercial zonin~ districts contained within this District, and the follox~.a_~.g
additional uses, shall be prohibited in the Bayshore Drive Mixed Use Overlay
District:
Words airgel: :hrc~ugh are deleted, words underlined are added.
17
Gasoline service stations (5541).
Outdoor storage or merchandising unless specifically noted
Drive-through establishments such as restaurants, banks, pharmacies, dry
cleaning, and other drive-through establishments.
Single-use "big box" establishments (over 15,000 sq. ft.)
Automotive dealers.(5511,5521)
Automotive repairs (7532-7539,7549)
Boat Dealers (5551 )
Carwashes.(7542)
Agricultural services (0711-0783)
Kennels and veterinary services.(0752,0279,7948)
Building material sales (5211)
Warehousing(4225)
Communication towers
Bars, lounges, bottle clubs (5921,5813).
Convenience stores. (5411 )
Sexually Oriented Businesses. (As defined in Ordinance 91-83).
Laundromats.(7215)
Tattoo parlors.(7299)
Labor pools.(7363)
Homeless shelters or soup kitchens (8322 and 8361)
Commercial parking lots (75211 shall not be permitted on parcels that
have water access
Pawn Shops. (5932)
Title Loans. (6541)
Sell' and mini storage units. (4225-4226)
2.2.33.8
ACC¢$SOFXr' Itses.
1. Uses and structures that are accessory and incidental to the permitted uses
allowed within in this subdistrict are allowed unless otherwise prohibited
by this subdistrict.
2. Properties immediately adiacent to Haldeman Creek may engage in boat
rental operations.
Conditional Uses. The foliowine uses are permitted as conditional uses in the sub-
district subject to the standards and procedures established in division 2.7.4.
a. Child Care centers and adult day care centers (8351)
b. Churches and houses of worship (8661)
2.2.33.10
Outdoor displat and sale of merchandise. The following regulations govern the
outdoor display and sale of merchandise.
No automatic food and drinking vending machines or public pay phones
are permitted outside of any structure.
Newspaper vending machines will be limited to two machines per project
site and must be architecturally integrated within the proiect site.
Outdoor display and sale of merchandise, within front yards on improved
properties. are permitted subject to the following provisions:
A. The outdoor display/sale of merchandise is limited to the sale of
comparable merchandise sold on the premises and as indicated on
the proprietors' occupational license.
B. The outdoor display/sale of merchandise is permitted on improved
commercially-zoned properties and is subject to the submission of
a site development plan that demonstrates that provision will be
made to adequately address the following:
1. Vehicular and pedestrian traffic safety measures
2. Location of sale/display of merchandise in relation to
parking areas.
Words ::r',::!: tkr,~ug~ are deleled. words underlined are added.
18
4.
5.
6.
Fire protection measures.
Limited hours of operation from dawn until dusk.
Merchandise must be displayed in a vendor cart that
complements the architectural style of the building that it is
accessory to.
Vendor carts located on sidewalks must afford a five-foot
clearance for non-obstructed pedestrian traffic.
2.2.33. I 1 Dimensional standards.
2.2.33. I 1.1Minimum Yard requirements.
Front Yar.;-.- At five (5) feet, eighty (80) percent of the structure must be
located at the required front setback line. In-fill projects may vary from
this front setback line in order to keep a consistent front yard with adjacent
exiting structures.
Side Yards -Five (5) feet, except when abutting the residential district
then it will be 15 feet.
Rear Yards- Twenty (20) feet
Waterfront- Twenty-five (25) feet- outdoor seating areas, canal walkway,
water management facilities, and landscaping area may be located within
the required setback.
Buildines located on Bavshore Drive will have their first floor elevation
level with the sidewalk. The first floor of the buildings must be utilized for
commercial purposes.
Where possible buildings facing Bayshore Drive wrap around the coruer
as depicted on Figure 1.
To allow the maximum use of the waterfront, building placement on a lot
can vary from the required setbacks, provided such variation is
recommended by the CRA Staff and County Architect and approved by
the Planning Director.
2.2.33.1 1.2 Maximum Density. For the residential component- 12 units per acre as required by
the Growth Management Plan.
2.2.33.11.3 Minimum floor area. Seven-hundred (700) square foot gross floor area for each
building on the ground floor.
2.2.33. l 1.4 Maximum height of structures.
Commercial use buildines are limited to a maximum height of three
stories or forty-two (42) feet above the sidewalk grade to the building
cave.
Buildings containing only Residential uses are limited tca maximum
height of three stories or forty-two (42) feet above the sidewalk grade to
the building cave.
Buildings containing mixed-use residential over commercial uses shall be
limited to a maximum height of four stories or 56 feet above the sidewalk
grade to the building cave.
First floor of the building at the sidewalk level shall be no less than 12 feet
in height from the finished floor to the finished ceiling and shall be
occupied by commercial uses only.
Buildings containing commercial or residential uses are required to a
minimum depth of 35 feet from the front sethack line on all floors. The
remaining depth may be used for parking.
Words ::r":k :kr:.;:~.k are deleted, words underlin?d are added.
19
Figure 1 - Plan of a typical comer lot development
2.2.33.1 '~ Parking Standards
3 spaces per 1000 square feet of floor area open to the general public for
commercial use
Minimum one (1) parking spaces for each residential unit.
Outdoor cafd areas shall be exempt from parking calculations.
Access to the off-street parking facility must be from the local street
unless restricted due to lot size.
Should the propertv owner develop on-street parking spaces on local
streets within the same block of the proiect site. then each space so
provided shall count as one space toward the parking requirement of this
subsection.
On-street parking on local streets excluding Bayshore Drive requires an
a~,reement with the County to use the public right of way for parking.
Angle or parallel parking (as depicted in Figure 2) is permissible based on
the site development plan as approved by the Planning Services
Department and built to County standards. The property owner must
aeree to maintain that portion of the public ri~,ht-of-way where the parking
is located.
Words ............,.. are deleted. words underlined are added.
2O
1 3
Figure 2 - Typical on-street parking. on local streets
7. On-street parking on Bayshore Drive shall be made available to the
property owner on a first come first serve basis at the time of Site
Development Plan (SDP) or Site Improvement Plan (SIP) approval
provided the parking does not interfere with the on-street bike lanes and is
located within the block in which the block that the property is located.
Construction or renovation of any building must occur within 90 days of the SDP
or SIP approval and be completed within six months of commencement in
order to secure the on-street parking spaces. Due to circumstances beyond
the control of the applicant the property owner may request an extension
from the Planning Services Director. These spaces must be used toward
the fulfillment of the parking requirements set forth herein.
8. The off-site parking requirements of Section 2.3.4. I 1 of the LDC shall
apply except for the requirements of subsection 2.3.4.11 (4) (g).
Vehicular e~ress points may be located on local streets opposite residential
homes provided they are within the Bayshore Mixed Use Overlay District.
Off-site parking facilities outside of the BMUD are subject to all of the
requirements of Sub-Section 2.3.4. I 1 of the LDC.
9. Shared Parking requirements shall be consistent with those provided in
Section 2.3.5 of the LDC code except that the Planning Services
Department Director can approve or deny requests instead of the board of
zoning appeals or planning commission and under Section 2.3.5.3.3,
shared parking spaces can be separated by Bayshore Drive provide the two
properties are located with the BMUD.
..... ?3.13
Landscaping- as required in division 2.4, shall apply unless specified otherwise
below:
2.2..73.13.1
Special buffer requirements for development areas contiguous to
residentially zoned property. A fifteen- foot wide landscape buffer area shall be
required. This area shall include a six (6) foot high wall, fence or berm. or
combination thereof, a row of trees spaced no more than 25 feet on center, and a
single row of shrubs at least 24 inches in height at the time of planting
Landscaping shall be on the residential side of the wall.
Words gtr:~ck :~rc;~g~ are deleted, words underlined are added.
21
OEC 3 2000
2.2.33.13.2
Lam!.zape buffer requirements for multifamily residential development adiacent
to single family residential property. A ten-foot- wide Type B landscape buffer
with narrow canopies proportionate to the narrow buffer space shall be installed.
2.2.33.13.3
Landscape buffer requirements where ¢ehicular use areas abut the waterfront. A
double row hed~,t at least 24 inches in height at the time of planting and attaining
a minimum of three feet in height within one year shall be required.
2.2.33.13.4
Rear Landscaping Requirements for neighborhood Commercial and Waterfront
Districts adl'acent to the waterfront. A five foot Type D landscape buffer with a
canal walkway is required. The walkway shall be a minimum of six- feet- wide
and consist of an impervious surface walkway. Walkways must be designed and
located to provide an interconnection between adjacent properties wherever
possible. Marinas may be exempted from this provision due to safety provisions if
approved by the Planning Services Director.
2.2.33.13.5
Landscape requirements for properties fronting Bayshore Drive. Thc intent is to
integrate the right- of- way and building front with decorative pavement that is
consistent with the Bayshore Beautification hardscape. Landscaping shall be
consistent with the Bayshore Beautification Plan.
2.2.33.13.6
Landscape screening of tnechanical equipment such as air-condition units.
Mechanical equipment shall be screened with a fence that is architecturally
compatible with the building it serves or be screened with a three-foot high hedge,
spaced three feet on center.
2.2.33.13.7
Landscape buffer requirements for marina development contiguous to residential
zoned property. A twenty- foot- wide landscape buffer area is required. Such
buffer must include a minimum six (6) foot high wall, fence, bet'm, or
combination thereof, a double row of trees spaced no more than 20 feet on center,
and a double row of shrubs at least 24 inches height at time of planting.
Landscapine shall be on the residential side of the wall.
2.2.33.14 Special Provisions
Retractable awnings shall be exempt from fire sprinkler requirements.
Fixed awnings under 145 square feet shall be subject to sprinkler
requirements but only from the potable water supply without requirements
for backflow protection.
Loading docks and service areas shall not be allowed on the frontage line.
2.2.33.15
Architectural Standards
1. All buildings shall meet the requirements set forth in division 2.8 unless
otherwise specified below:
All buildines adjacent to Bavshore Drive will have the principal pedestrian
entrance fromine Bayshore Drive
3. 35 percent of the building facade that face Bayshore Drive will be clear
glass
4. Attached building awnings may encroach over the setback line by a
maximum of five feet.
5. Neon colors shall not be used as accent colors
6. For bulldines that abut the waterfront, the rear of the building will be
!rc;:tcd as a front faqade in applying architectural standards as provided in
division 2.8, unless otherwise specified.
2.2.33.16 Signs. Division 2.5 shall apply, unless specified below:
One wall sign shall be permitted for each single-occupancy parcel, or for
each establishment in a multiple-occupancy parcel provided such signs do
not exceed 20 percent of the total square footage of the visual facade of
the building to which the sign will be attached and shall not exceed 65
square feet in area.
Words g:r.'-'ck t~r~gg.". are deleted, words underlined are added.
22
In addition, hanging or projection signs are permitted provided such signs
do not exceed 6 square feet, and shall not project more than 4 feet from the
building in which the si~n will be attached. This sign shall be elevated to a
minimum of 8 feet above any pedestrian way and shall not exceed a height
of 12 feet.
No freestanding signs shall be permitted.
In addition, the vertical drip of an awning may be stenciled with letters no
more than 8 inches in height and not tO exceed one-third of the length of
the canopy.
Parcels adiacent to the waterfront may have one addition sign to be placed
on the fagade which faces the waterfront provided it meets all of the above
requirements.
Comer buildings or comer units within multiple tenant buildings may have
one additional wall sign provided both signs are not placed on the same
wall.
No internally lit cabinet signs shall be oermitted.
2.2.33.17
Waterfront Subdistrict - The purpose of this district is to allow maximum use of
the waterfront ibr entertainment while enhancing the area for use by the general
public. Development standards for the district are the same as those set forth for
the Neighborhood Commercial Subdistrict, unless set forth below. Development
in this subdistrict is encouraged to be a mix of restaurant and retail uses while
allowing for limited marina uses.
2.2.33.18 Permitted Uses
All uses permitted within the Neighborhood Commercial Subdistrict are
permitted.
Marinas. (group 4493. except all repair, storage and sales of boats must be
conducted in an covered area or area internal to the site.) Boats available
for rental purposes shall be located in the water or properly screened from
the roadways. No outside display of boats for sale or rent shall be visible
from Bayshore Drive.
2.2.33.19
Conditional Uses-Marina
a. Fuel Facilities (if permitted the fueline station canopy must be
architecturally consistent with the building design.)
b. Increased building height to maximum height of fifty- (50) feet in the
waterfront sub-district.
2.2.33.20
Special
a.
Conditions for marinas
All repair and storage shall not be visible from the local street.
All sales of boats shall occur in a covered area that is architecturally
consistent with the building it serves.
Boats available for rental purposes shall be located in the water or
properly screened from the local roadways.
No outside display of boats for sale or rent shall be visible from Bayshore
Drive.
All boat racks shall be enclosed.
2.2.33.21
Parking
1. Parking requirements are the same as those set forth in the Neighborhood
Commercial sub-district.
2. Marinas- one parking space per five dry boat storage s~aces.
2.2.33.21.1
On-site traffic circulation system shall be provided that will accommodate areas
for the loading and unloading of equipment that will not encroach on residential
developments.
Words :trx.ck a. .....u
...... e- are deleted, words underlined are added.
23
2.2.33.22
Residential Subdistrict. The purpose of this district is to encourage the
development of multifamily residences as a transitional use between commercial
and single-family development. The multifamily buildings shall be compatible
with the building pattems and facade articulation of traditional neighborhood
design. The intent is to create a row of residential units with uniform ~ront yard
setbacks and access to the street.
2.,..3 ..... 1
Permitted uses. The following uses are permitted as of fight.
a. Single -family dwellings
b. Two-family dwellings
c. Townhouses
d. Multi-family dwellings
2.2.33.22.2 Uses accessory to permitted uses.
Uses and structures that are accessory to and incidental to the uses
permitted as of fight.
Pfivate docks and boathouses subject to section 2.6.21 and 2.6.22.
2.2.33.22.3 Minimum lot width.'
Single-family: 50 feet.
Two-family: 50 feet.
To~'nhouses 25 feet
Multi-family 100 feet.
2.2.33.22.4 Yard requirements. The following yard requirements shall apply and are in
relation to the platted property boundaries.
Front Yard Min. Side Yard Min. Rear Yard
At*
7-1/2 feet unless
One (Single) Family
10 feet abutting commercial 15 feet
Dwelling Units
propertv~ then 5 feet
5 feet unless abutting
Two Family 10 feet single family unit~ 15 feet
Dwelling Units then 7.5 feet
0 feet when abutting
another townhouse~
Townhouse 10 feet if not then the same 15 feet
standards as a two
family dwelling unit.
Multipl~¥amily 5 feet unless abutting
(Three or more) 10 feet single family' unit~ 15 feet
Dwelling Units then 7.5 feet
*Shall be 10 feet from the property line to the building footprint.
Minimum floor area:
750 square feet per unit
2.2.33.22.6 Maximum height of structures.(Measured from Federal Emergency Management
Agency (FEMA) to building eave)
1. Principal structures. Three habitable floors or a measure of 40 feet.
Accessory strttctures. 15 feet except for screen enclosures, which max., be
the same height as the principal structure but in no event greater than 35
feet.
Words ............ e,, are deleted, words underlined are added.
24
Minimum off-street parking.
I. Minimum off-street parking is one space per dwelling unit.
2. There shall be no visible parking area from the frontage road.
On street parking requirements.(RESERVED)
Building placement and design. Buildings and their elements shall adhere to the
following: (See figure 3):
I. Buildings shall be divided using articulation and/or modulation at least
every 80 feet. Faq:ade modulation is stepping back or extending forward a
portion of the faqade at least 6 feet measured perpendicular to the front
faqade for each interval. Articulation includes porches, balconies. bay
windows anti'or covered entries.
2. The primar' residence shall be oriented to the street. Orientation is
2.2.33.22.7
2.2.33.22.8
2.2.33.22.9
achieved by the provision of a front faqade including an entry door that
faces the street.
On comer lots, both street facades of a building shall have complementary
details; in particular. building materials and color, roofiines and shapes,
window proportions and spacing, and door placement.
All mechanical equipment must be screened with a three-foot height hedee
spaced three feet on center or an opaque fence or wall at any height to
completely screen the mechanical equipment.
Stem wall construction required, no monolithic construction allowed.
2.2.33.22.10 Elevation. Buildings shall adhere to the following elevation requirements:
The first habitable floor at the street faqade may not be greater than one
foot over the minimum first floor elevation designated in the National
Flood Insurance Program by the Federal Emergency Management Agency
(FEMA). A maximum of 40% of the first habitable floor may be greater
than one foot over the FEMA-designated minimum first floor elevation.
Open stilt-type construction is not permitted. On front yards, the
area below the first floor must be treated with a solid facade or i..:tice
which is consistent with the architectural style of the building.
The garage floor shall not exceed 24 inches above the elevation oi' the
right-of-way from which it is accessed.
Front Porches. Front porches that adhere to the following standards may
encroach seven (7) feet into the I¥ont yard setback, with an additional three (3)
foot encroachment allowable for entry stairs.
Front porches must cover a minimum of 40c/( of the horizontal length of
the front yard t'aq:ade of the primary residence.
Front porch design and material shall be consistent with the archit:c~L~ral
design and construction material of the primary residence.
Front porches shall not be air-conditioned nor enclosed with glass, screen,
or other material.
Second-story porches are encouraged, but no enclosed room is permitted
above the front porch.
2.2.33.22.12 Garages and driveways.
The rear setback may be reduced to 10 feet if a front-access garage is
constructed on the rear of the residence.
Garaee doors shall have a maximum width of 16 feet.
Only one driveway is allowed per 50 linear feet of front proper,, : ..
The driveway shall have a maximum width of 18 feet in the right-of-v, ay
Other than the permitted driveway, the front yard may not be paved or
otherwise used to accommodate parking.
Words ............. e.. are deleted, words underlined are added.
25
Garages shall be recessed a minimum of three (3) feet behind the front
faqade of the primary residence.
No carports are permiued.
2.2.33.22.13
Accessory Units. An accessory units is a separate structure located at rear of the
property and related to the primary residence for uses which include, but are not
limited to: library, studio, workshop, playroom, or guest quarters. Ownership of
an accessory unit may not be transferred independently of the primary residence.
The following regulations regarding accessory units apply:
Only one accessory unit is permitted per primary residence.
The maximum area of an accessory unit is 550 square feet, limited to one
habitable floor.
The accessory unit may be above or on the side of a garage and may be
connected to the primary residence by an enclosed breezeway or corridor
not to exceed eight feet in width.
The maximum heir;hi of a structure containing a guest unit over a garage
is limited to 18 feet, measured from the level of graded lot to the eave, and
with a maximum overall building height of 24 feet to the top of the roof.
A structure containine only a guest unit is limited to one story and 10 feet,
measured from the FEMA first habitable floor height requirement to the
eave. with a maximum overall building height of 16 feet to the top of the
roof.
For purposes of calculatine density, an accessory unit will count as one-
half a dwelling unit.
2.2.33.22.14
Density ......... ~ ........ T ......... ~ .......................................
F!a:te~ !gt er Maximum 12 units per acre, or as consistent with the Growth
Management Plan.
~2.2.33.23
Effective Date. This section, known as the Bayshore Mixed Use Overlay District
shall not become legally effective until the Comprehensive Plan Amendment,
which this section is based on, becomes legally effective (Ordinance 2000- ).
Figure
3-Typical front elevation for residential development.
Words gtr:ck t~rc.-':gh are deleted, words underlined are added.
26
Sec. 2.2.34. Goodland Zoning Overlay (GZO) District
2.2.34.1
Purpose and Intent: To create design guidelines and development standards that
will assure the orderly and appropriate development in the unincorporated area
generally known as Goodland.. The Goodland Zoning Overlay District (GZO) is
intended to provide regulation and direction under which the growth and
development of Goodland can occur with assurance that the tropical fishing
village and small town environment of Goodland is protected, and preserved and
that development and/or redevelopment reflect the unique residential and
commercial characteristics of the community.
.... 34.2
Geographic Boundaries: The boundaries of the Goodland Zoning Overlay District
are delineated on Map I below.
GOODLAND
2.2.34.3
.... 34.4
2.2.34.4.1
Applicability: These regulations apply to the above-described geographic area.
These regulations are intended to supplement the existing land development
regulations found in the LDC. In the event of a conflict between other provisions
of this Code and these regulations, these regulations contained in this overlay
shall control.
Development criteria. The development criteria and standards for each zoning
district in Goodland as provided for in this code shall apply for all uses and
structures in this overlay district unless specifically superseded below.
Maximum building height. As provided for in the Village Residential Zoning
District for each permitted, accessory, and conditional use provided that no
residential building may contain more than two (2) levels of habitable space.
Words ::r::zk :.~.rcu3.5 are deleted, words underlined are added.
27
2.2.34.4.2
Minimum lot requirements. As provided for in the Village Residential Zoning
District for each permitted, accessory, and conditional use except for the
following:
Single family/Mobile Home:
Minimum Lot area: 4,275 square feet.
Minimum Lot width: 45 feet.
Sec. 2.2.35. Declaration of a partial moratorium for multi-family residential development
the Goodland area.
2.2.35.1.
Duration. For a period not to exceed one (1) year from the adoption of this Land
Development Code amendment.
2.2.35.2.
Geographic scope of the of the Goodland area. The geographic scope of the
Goodland area shall be as follows:
Includes: All lands zoned "VR" Village Residential.
Prohibited uses. The followin~ use is hereby prohibited for a maximum one year
period while standards for the Goodland Zoning Overlay District is being
developed.
1. Multi-family Residential Dwellings.
2.2.35.4.
Exemptions. Properties in all other zoning districts including sinele-family and
other uses in the Village Residential Zoning District. In addition, any multi-family
use in the Village Residential Zoning District in the Goodland area for which
completed applications for site development plans and/or building permits that
were filed and approved by the County prior to the adoption of the moratorium
shall be processed and considered under the Land Development Code provisions
as it existed and was in effect prior to the effective date of this moratorium.
2.2.35.5.
Map. The following map depicts the Village Residential Properties which are
subiect to this moratorium within the Goodland area
Words gin:ok :.Src.'ggS are deleted, words underlined are added.
28
/J
GOODLAND ZONING OVERLAY BOUNDARY
]MAP1 I
SUBSECTION 3.C. AMENDMENTS TO LANDSCAPING AND BUFFERING DIVISION
Division 2.4., Landscaping and Buffering, of Ordinance 91-102, as amended, the Collier Count}'
Land Dcvdopment Code, is hereby amended to read as follows:
DIVISION 2.4.
Sec. 2.4.4.
2.4.4.12
2.4.4.12.1
2.4.4.12.2
2.4.4.12.3
2.4.4.12.4
2.4.4.12.5
2.4.4.12.6
2.4.4.12.7
2.4.4.12.8
2.4.4.12.9
2.4.4.12.10
2.4.4.12.11
2.4.4.12.12
LANDSCAPING AND BUFFERING
Plant material standards and installation standards.
Prohibited Exotic Species. In addition to the prohibitions outlined in section 2.4.4.11,
the following species or seeds thereof shall not be grown, offered for sale, or
transported inter-county or intra-county.
Melaleuca spp. (punk tree).
Schinus terebinthifolius (Brazilian pepper).
Any member of the family Casuarinaceae (Australian pine).
Rhodomyrtus tomentosa (downy rosemyrtle).
Dioscorea bulbifera (air potato)
Colubrina asiatica (lather leaf).
Lygodium spp. (climbing fern).
Syzygiurn cumini (Java plum).
Mimosa pigra (catclaw mimosa).
Acacia auricul~rormis (earleaf acacia).
Albizia lebbeck (Women's tongue).
Cuvaniot)sis anacardioides (Carrotwood)
' ~ .....'- '" ......" deleted, words underlined are added.
~ ords ...........e,, are
29
Sec. 2.4.6. Minimum Landscaping requirements.
Landscaping for all new development, including single-family, two-family,
multifamily and mobile home dwelling units, shall include, at a minimum, the
number of trees set forth below. Areas dedicated as preserves and conservation
areas shall not be counted to meet the requirements of this section. Existing trees
and other minimum code required landscaping may be credited to meet these
requirements pursuant to subsection 2.4.4.11. Trees shall meet the requirements of
section 2.4.4.2. Existing residential development that does not meet the minimum
landscaping requirements of this code shall be required to install the required
landscaping before a certificate of occupancy is granted for any improvements to
the property.
2.4.6.1.
Residential develol ments. One canopy tree per 3,000 square feet of lot area, or
two canopy trees per lot, whichever is greater, with the maximum number
required: 15 trees per lot.
2.4.6.2.
Multifamily developments. One canopy tree per 2.000 square feet of pervious site
area excluding preserves. This is in addition to other requirements.
2.4.6.3.
Industrial and commercial developments. One canopy tree per 3,000 square feet
of pervious site area. or one canopy tree per lot. whichever is greater.
2.4.6.4.
Communication towers. An 8' hieh, 100% architecturally finished opaque wall
must screen the security fencing that surrounds a tower base. In addition,
landscaping must be located on the outside of such wall. The hedge requirement
must also be planted around any ~round level guy anchors. The entire perimeter
of this wall shall be landscaped in at least one of the following ways so as to
provide the equivalent of minimum code size trees located 25' o.c. and a 3' height
hedge planted 3' o.c
(a)
(b)
If native veeetation is present within the lease parcel, a minimum 20' wide
buffer strip must be preserved and used toward meeting the tree and hedge
planting requirement.
If native vecetation is present but not dense enough to meet the equivalent
of the tree and hedge requirement. it must be supplemented with plantings
to meet the tree and hedge requirements.
On sites where no native vegetation is present, a 15' wide landscape buffer
with minimum code size trees located 25' o.c. and a 3' height hedge
planted 3' o.c. must be planted.
At the discretion of the County Landscape Architect, some or all of these
landscape bufferinu requirements may be displaced to a r.o.w. landscape buffer
located within the lease parcel when it better serves the public interest of
screenine the view of the communication tower.
2.'1.6.,1. 2.4.6.5 Littoral zone planting. All developments that create lake areas shall provide
littoral zone plantings of emergent, aquatic vegetation in accordance with Section
3.5.7.2.5.
2.4.6.&6~
Building perimeter platttings. All shopping center, retail, office. apartments,
condominiums, clubhouses and similar uses shall provide building perimeter
plantings in the amount of 100 square feet per 1,000 square feet of proposed
building ground level floor area. These planting areas shall be located adjacent to
the building and shall consist of landscape areas, raised planters or planter boxes
that are a minimum of five feet wide. Water management areas shall not be a part
of this five-foot planting area.
Words ztruc.: :..r~u,g.. are deleted, words underlined are added.
30
Sec. 2.4.7.
2.4.7.4.
Minimum landscape buffering and screening between uses.
Types of buffers. Within a reo, uired buffer strip, the following alternative shall be
used based on the matrix ir table 2.4.
Alternative A: Ten-foot-wide landscape buffer with trees spaced no more than 30
feet on center.
Alternative B: Fifteen-foot-wide, 80 percent opaque within one year landscape
buffer six feet in height, which may include a wall, fence, hedge, berm or
combination thereof, including trees spaced no more than 25 feet on center. When
planting a hedge. it shall be a minimum of ten gallon plants five feet in height,
three feet in spread and spaced a rn.!n!..m'..'m maximum four feet on center at
planting.
Altemative C: 20-foot-wide, opaque within one year, landscape buffer with a six-
foot wall, fence, hedge. or betre. or combination thereof and two staggered rows
of trees spaced no more than 30 feet on center. Proiects located within the Golden
Gate Neighborhood Centers District shall be exempt from the Right-of-Way
requirement of a six-foot wall, fence, hedge, berm or combination thereof. These
proiects shall provide a meandering Type D landscape buffer hedge. In addition,
a minimum of 50e/¢ of the 25' wide buffer area shall be composed of a
meandering bed of shrubs and ground covers other than gross.
Alternative D: A landscape buffer shall be required adjacent to any road right-of-
way external to the development project and adiacent to any primary access roads
internal to a commercial development. Said landscape buffer shall be consistent
with the provisions of the Collier County Streetscape Master Plan. which is
incorporated by reference herein. The minimum width of the perimeter landscape
buffer shall vary according to the ultimate width of the abutting right-of-way.
Where the ultimate width of the right-of-way is zero to 99 feet, the corresponding
landscape buffer shall measure at least ten feet in width. Where the ultimate width
of the right-of-way is 100 or more feet, the corresponding landscape buffer shall
measure at least 15 feet in width. Developments of 15 acres or more and
developments within an activity center shall provide a perimeter landscape buffer
of at least 20 feet in width regardless of the width of the right-of-way. Activity
center right-of-way buffer width requirements shall not be applicable to roadways
internal to the development.
Trees shall be spaced no more than 30 feet on center in the landscape buffer
abutting a right-of-way or primary access road internal to a commercial
development.
A hedge of at least 24 inches in height at the time of planting and attaining a
minimum of three feet height within one year shall be required in the landscape
buffer where vehicular areas are adjacent to the road right-of-way, pursuant to
section 27,.4.~. 2.4.4.4.
Where a fence or wall fronts an arterial or collector road as described by the
transportation circulation element of the growth manaeement plan, a continuous
single row hedge a minimum of 24" in height spaced 3 feet on center, shall be
planted along the right-of-way side of the fence. The required trees shall be
located on the side of the fence facing the right-of-way. Every eflbrt shall be
made to undulate the wall and landscaping design incorporating trees, shrubs. and
ground cover into the design.. !t is not the intent of this requirement to obscure
from view decorative elements such as emblems, tile, molding and wrought iron.
The remaining area of the required landscape buffer ...... can:;ist cf must contain
only existing native vegetation, grass, ground cover, or other landscape treatment.
Words ..............e,. are deleted, words un~lerlined are added.
31
Every effort should be made to preserve, retain and incorporate the existing native
vegetation in these areas.
SUBSECTION 3.D. AMENDMENTS TO SIGNS DIVISION
Division 2.5., Signs, of Ordinance 91-102, as amended, the Collier County Land Development Code,
is hereby amended to read as follows:
DIVISION 2.5. SIGNS
2.5.5.1.6.
On-premises signs within residential districts. Two f ,ound signs with a maximum
height of 8 feet or wall residential entrance or gate signs may be located at each
entrance to a multi-family, single-family, mobile home or recreational vehicle
park subject to the following requirements:
Such signs shall contain only the name of the subdivision, the insignia or
motto of the development and shall not contain promotional or sales
material. Said signs shall maintain a 10-foot setback from any property
line unless placed on a fence or wall subject to the restriction set forth in
section 2.6.11. Furthermore, bridge signs located on private bridges
directly leading to private communities shall not be considered off'-
premise signs. Bridge signs complying with the requirements of Section
2.5.5.1.6 may be substituted for ground of wall signs in residential
districts.
The ground or wall signs shall not exceed a combined area of 64 square
feet, and shall not exceed the height or length of the wall or gate upon
which it is located.
_Logos (without any verbal content) and similar architectural features less
than 10 square feet in area not containing any letters or numbers shall not
be considered signs and shall be allowed throughout the development.
However, should such architectural embellishments be located closer than
t0 feet to any sign, then it should be considered an integral part of the sign
and shall be subject to the restriction of this Section.
SUBSECTION 3.F.
AMENDMENTS TO SUPPLEMENTAL DISTRICT REGULATIONS
DIV1SION
Division 2.6.,
County Land Development Code, is hereby amended to read as follows:
DIVISION 2.6. SUPPLEMENTAL DISTRICT REGULATIONS
Sec. 2.6.4. Exceptions to Required Yards
2.6.4.2. Minor after-the-fact yard encroachments
2.6.4.2.1 Minor after-the-fact yard encroachments may be approved administratively by the
development services director. For the purposes of this subsection, minor yard
encroachments shall be divided into two classifications:
1, Structures for which a certificate of occupancy has not been granted. The
development services director may administratively approve minor after-
Supplemental District Regulations, of Ordinance 91-102. as amended, the Collier
Words .............e., are deleted, words un0erlined are added.
32
2000
Sec. 2.6.11.
2.6.11.1.
2.6.11.2.
2.6.11.2.1.
2.6.11.2.2.
2.6.11.2.3.
2.6.11.2.4.
2.6. tl.2.5.
2.6.11.3.
2.6.11.4.
the-fact yard encroachments of up to 5 percent of the required yard, not to
exceed a maximum of 6 inches.
Structures for which a certificate of occupancy or a final development order
has been granted. The development services director may administratively
approve minor after-the-fact yard encroachments of up to ten percent of the
yard that was an effective requirement as of the date on which the certificate
of occupancy or final development order was issued instead. not to exceed a
maximum of two feet.
Fences.
/ence ,n residential districts. Fences or walls shall be a"{~wed in all zoning
district* ';ubject to the restrictions set forth in section[s] 2.6. i~ .2--2.6. i 1.5.
Residential districts. For the purposes of this section, residential districts shall
include: RSF residential single-family: RMF-6, RMF- 12, and RMF-16 residential
multiple-family: RT residential tourist; VR village residential: MH mobile home:
TTRVC travel trailer-recreational vehicle park campground; and residential
increments of PUD residential planned unit development districts. Fences and
walls placed within required yards shall be subject to the following:
Fences or walls on all lots greater than one acre in area may reach a maximum
height of 6 feet.
For non-waterfront interior lots one acre or less in area, fences or walls may reach
a maximum height of 6 feet for side and rear yards. but are limited to 4 feet within
the required front yard.
For waterfront lots one acre or less in area, height limits are as for non-waterfront
lots. but with the additional restriction that fences or walls within the required rear
yard are limited to 4 feet.
For comer lots one acre or less in area, which by definition have only front yards
and side yards, fences within required front yards are limited to 4 feet, with the
exception that any portion of a front yard fence within the safe sight triangle
described in section 3.2.8.3.22 is restricted to 3 feet in height. (Two sides of this
triangle extend 30 feet along the property lines from the point where the right-of-
way lines meet, and the third side is a line connecting the other two.) Fences
within required side yards may reach 6 feet.
Barbed wire, razor wire, spire tips, sharp objects, or electrically charged fences
shall be prohibited, except that the board of zoning appeals may allow the use of
barbed wire in conjunction with chainlink fencing for facilities where a security
hazard may exist, such as a utility substation, sewage treatment plant, or similar
use.
Agricultural districts. For the purposes of this section, agricultural districts shall
include: A agricultural; E estates; and CON conservation districts. Fences and
walls within agricultural districts shall be exempt from height and type of
construction.
Commercial and b~dustrial districts. For the purposes of this section, commercial
and industrial districts shall include: CI/:F, C-2, C-3, C-4, and C-5 ~eavy
commercial district_s; I: industrial district: and P~ public use district: and
commercial and industrial tracts or increments of PUD~ planned unit development
districts. All fences or walls in commercial zoning districts, and all fences and
walls in industrially zoned parcels where such fences abut arterial or collector
roads, must also comply with the provisions of Sections 2.8.3.3.3.1., 2.8.4.2.3,1.
and 2.4.7.4. Unless otherwise provided, all commercial and industrially
Words ztr'zzk tSr$:~g~ are deleted, words underlined are added.
33
DEC t3 2000
Pg .~
desienated lands in PUDs. Planned Unit Developments shall comply with these
provisions.
2.6.11.5.
All districts. Whenever a property owner elects to erect a chain link fence
pursuant to the provisions of Sec,2.6.1 ! adjacent tca public road in the urban
coastal area said fence shall not be located nearer than ~hree (3) feet to the right-
of-way/property line, and said fence shall be screened from view by planting a
yegetative hedge a minimum of thirty (30) inches in height at planting spaced at a
distance that will achieve an opacity rating of 80 percent within one year of
planting. An irrigation system shall be installed to insure the continued viability
of the vegetative hedge as a visual screen of the chain link fence.
Sec. 2.6.15. Solid waste disposal
Pursuant to Ordinance No. 90-30, as amended. Ssolid waste disposal shall be
required in the form of bulk container service (garbage dumpsters and/or
compactors) for all commercial establishments and multi-family projects
..... ~' ......' or ......~' ........n',','~ exceeding two ~,~.4~ in kcizkt upon '~
-r ,,4 ..................r~,,;~; ....not receivina curbside pickup
centa~nerg, er as ,,,h ..... ; ..... ;"~a ~ .... Solid Waste Dis~sal shMl
r~uired in the fo~ of cu~side pick up for ~1 other housing types.
2.6.15.3.
Minimum requirements and locatiohal restrictions. In the case of multifamily
developments wit~ mere than fear an!is per ;tr-'-cturc, that do not receive curbside
service pick up and choose to use dumpster service, at least one standard size bulk
container (dumpster) per every ten units shall be required. All such containers are
subject to the following 1ocational restrictions.
a. Solid waste bulk containers (garbage dumpsters) shall be permitted in all
zoning districts.
Solid waste bulk containers may be located within a required yard provided
they do not encroach into a required landscape area, and further provide that
there be no blockage of the view of motorists or pedestrians so as to
constitute a hazard.
In the case of multi-family developments containing more than one
structure, no solid waste bulk container (garbage dumpster) shall be located
greater than 500 feet from the structure it is intended to serve,
d. In case of multi-family developments that do not use curbside pickup and
that choose to use compactor service the following restfictions apply:
i. Solid waste compactors shall be permitted in all zoning districts.
ii. In the case of individually owned multi-family units (condominiums),
the owner may utilize a compactor instead of curbside pickup or
dumpsters. Compactor service shall only be instituted by the
developer prior to the sale of the first unit. A change from curbside or
dumpster service to compactor service would require a majority vote
by the homeowner'a association.
iii. In the case of multi-family developments (rental units) containing
more than one structure, the owner may permit a compactor instead of
dumpsters at any time.
Words :tr'~z.~ :..rg'~g.. are deleted. words underlined are added.
34
DEC
,
2.6.15.4.1
Solid waste bulk containers (dumpsters) may be substituted by individual solid
waste disposal service (unit by unit curbside pick-up) subject to the following:
ao
In the case of individually owned multi-family dwelling units
(condominiums), individual (curbside) solid waste disposal service may be
substituted for the required bulk containers (dumpsters and/or compactorS)
upon documentation that the subject unit or condominium association,
having been turned over from the developer to the residents, has voted in the
majority to eliminate the use of dumpsters and/or compactors in favor of
individual curbside service for all or part of particular development, subject
to acceptance from Let?. by the Collier County Solid Waste Department. a~t
~,e '::ggte ~a'~'!er. Additionally, the association shall demonstrate that there is
adequate access to facilitate curbside pickup and that all individual units
have an enclosed location other than the residential structure, such as a
carport or garage, for the storage of individual solid waste containers.
In the case of multi-family rental units bulk go!i~ ':.'~'~
waste ];a'a]e:. the owner may utilize a compactor inste~ of a dumpster
~y time.
In the case of a commercial use bulk solid waste disposal containers
(dumpsters) shall be used unless an alternative methodology for solid waste
pick-up is approved by the Collier County Solid Waste Department and the
waste hauler.
(Ord. No. 92-73, § 2; Ord. No. 94-58, § 3, 10-21-94; Ord. No. 98~63, § 3.D, 6-24-98)
Code reference--Solid waste. ch. 118.
Sec. 2.6.21. Dock Facilities
2.6.21.1.
Individual or multiple private docks, including mooring pilings, davits, lifts and
the like are permitted to serve the residents of a development on canal or
waterway lots, provided they do not protrude more than the respective distances
specified in sections 2.6.21.2, and 2.6.21.3, for such canal or waterway. Docks
and the like are primarily intended to adequately secure moored vessels and
provide safe access by users for routine maintenance and use while minimally
impacting the navigability of the waterway, the native marine habitat, manatees,
and the use and view of the waterway by surrounding property owners. Permitted
dock facility protrusions as well as extension of dock facilities are measured from
the property line, bulkhead line, shoreline, seawall, rip-rap line, or Mean High
Water line, whichever is more restrictive. On unbridged barrier islands, a boat
dock shall be considered a permitted principal use; however, a dock shall not, in
any way, constitute a use or structure which permits, requires. and/or provides for
any accessory uses and or structures. Boathouses and dock facilities proposed on
residentially zoned properties as defined in section 2.1.4 of this Code, shall be
considered an accessory use or structure. Boathouses shall be required to be
approved through the procedure and criteria in section 2.6.21.3 and 2.6.21.4.
2.6.21.1.2
Non-residential dock facilities shall be subiect to all the provisions of section
2.6.21, with the exception that protrusions for non-residential dock facilities
beyond the specified limits shall be determined administratively by the Planning
Services Director at the time of Site Development Plan review, based on an
evaluation of the criteria in section 2.6.21.3.
2.6.21.2.
Dockfacilio, requirements and restrictions. The following criteria apply to dock
facilities and boathouses, with the exception of boat dock facilities on manmade
lakes and other manmade bodies of water under private co.n~xot.
Words r, tr-'c., :..rv::g.. are deleted, words underlined are added.
35
P8 ._~
Sec. 2.6.33.8.
2.6.33.8.1.
2.6.33.8.2.
Mc, t[c,n p~ct'---rc/te!cv[:~c,n prc, O::et~en Film permit.
Permit required. ~':- v ...............cc~erat:cn c~r a.~g,~ciaticn :ha!! take grill er
mc'.'!n~ ~:ztureg on v ......v. ~w..v ~- v.~wrty myriad by or '.:rider the c~ntr~] cf
.............. ., ......................e ...........a ?:..-m..:t. A permit shah be required
for the following activities taking place, in conjunction with commercial motion
picture, film, television, video or still photography production: the use of set
scenery, temporary structures, ""*":~- equipment or other apparatus, special
effects, or closure of public streets or accessways. This code shall not apply to
bona fide newspaper, press association, newsreel or television news media
personnel, nor to properties that have been zoned to allow motion
picture/television filming as a permitted use.
Application.for permit; contents. Any person. firm, corporation, association of
governmental entity desiring to obtain a permit shall apply to the zoning planning
services director: and said application shall include but not be limited to the
following.
1. Name, address (including local address) and telephone number of applicant.
Proof of comprehensive general liability insurance coverage in the amount
of at least $1,000.000.00 combined single limit, with Collier County named
as an additional insured. The applicant shall provide to the planning services
director a certificate of insurance evidencing that said insurance is in
existence and certifyin~ that Collier County be given 30 days' notice prior to
the expiration or cancellation of the policy.
Special effects to be utilized, especially incendiary or explosive devices.
with proof o~ of not less than $5,000,000.00 comprehensive general liability
insurance combined single limit with Collier County listed as additional
insured. In addition, the application shall list the person in charge
(pyrotechnician) of such special effects, together with his qualifications and
licen~er license t:~ from the applicable federal and/or state agencies. and
authorization from the local fire district permitting the event.
4. Locations, dates and hours of filming gccne tc be Elmer.
5. The foliowine information is required bv the planning services director.
unless waived:
a_. A descr:,ption and ;kctcE conceptual plan indicating the location of
film events and parking facilities provided.
b~ Plans for construction or utilization or--of structures on subject site(s).
_Number, type and location of sanitation facilities to be provided.
Plans for disposal of refuse and debris, and restoration of the site(s) to
its original condition.
d. Provide a description of any lighting facilities that would be necessary
and/or the need to disconnect any public lighting.
e_. Describe any use which may encroach into environmentally sensitive
areas.
Approximate number and type of vehicles and/or equipment to be used
and any special parking requirements. The number of personnel to be
on location with the production.
Words :::uc',; through are deleted, words 0nderlined are added.
36
DEC ! 3 2GO0
Necessity for closures of public streets or sidewalks and for what
duration and location.
2.6.33.8.3.
2.6.33.8.4.
2.6.33.8.5.
2.6.33.8.6.
2.6.33.8.7.
h__~. Indicate any utilization of aircraft/fixed-wing, helicopter, or balloons
at the subject site(s).
i__. List of county personnel or equipment requested, and an agreement to
pay for extraordinary services provided by Collier County.
Provisions for traffic control, fire safety and security precautions.
if located on private property, not under the county's ownership or
control, a written notarized agreement will be required from the
property owner to allow the filming to occur on his property.
1. Additional information requested to assist Collier County in obtaining
future film production.
Insurance requirements. The applicant shall, as a pr~.~,~ .... t
pe..'-m. it. maintain in force at all times during the permit period a comprehensive
general liability policy with limits other than those described in
Section 2.6.33.8.2 as determined rcce, m ....... ;z~ by the risk management director
ef t~c ~k management divi:;i'~n upon a review of the particular circumstances
involved an~ detc..-n.!n~d by the board ,vf c~unty z~mm~.sg~nvrz. Said applicant~
.......... :~; ..... ~'~ !zzuance ~" ~ pe,."m2t, shall provide to the zzn~ng planning
services director a certificate of insurance evidencing that said insurance is in
existence and certifying that Collier County is a named insured and that Collier
County be given 30 days' notice prior to the expiration or cancellation of the
policy. Any additional insurance requirements for filming on private property will
be at the discretion of the affected property owner.
b~demnification. The applicant shall be required to indemnify and hold harmless
Collier County, its officers, agents and employees from and against all claims,
suits, actions, damages. liabilities, expenditures or causes of action arising out of
or occurring during the activities of applicant under a permit issued hereupon in
the form and manner provided by the zc, n:.ng planning services director.
Permit fee. No permit fee shall be required. An)' additional license or user fees
which have been established for county-owned land or facilities shall be in effect.
Issuance of permit, Upon presentation of the completed application, proof of
insurance, payment of permit fee, surety bond or cash payment in lieu of the bond
and review by the ze, n!ng planning services director, the permit may be issued. If
the z,~ning planning services director determines that the use of public or private
property could affect the public's use of the property, or have potential adverse
impacts on surrounding properties, then he may require that the permit application
be scheduled for a public heating before the board of county commissioners. The
special circumstances could include, but are not limited to, closure of a public
street or accessway; use of special effects, including incendiary or explosive
devices: a large production crew or crowd control: and increased liability
insurance required. The notice for the public hearing shall be advertised in a
newspaper of general circulation in the county at least one time 15 days prior to
the hearing.
Suspension of permit. Failure to comply with the terms and conditions of the
temporary use permit once issued shall be grounds for immediate suspension of
the permitted activity until such time as the noncompliance is remedied. The
suspension shall be initially communicated ~ra!!y verbally, followed by a written
suspension order: and continued failure to comply with the terms and conditions
of the permit may result in revocation of the permit.
Words z. tr'.azk :~r~:xg~ are d,:tetcd, words underlined are added.
37
2.6.33.8.8.
2.6.33.8.9.
Sec. 2.6.34.
Costs for extraordinar)' services. The county shall recover direct costs for
extraordinary services rendered in connection with a production. Such costs shall
include, but not limited to, charges for personnel and/or equipment committed in
support of the production. which are outside the normal scope of government
services. Based on the information contained in the permit application, an
estimate of these costs will be provided to the applicant prior to issuance of this
permit. The county may require prepayment of all or a portion of these estimated
costs prior to issuance of the permit. At the conclusion of the production, actual
costs below or in excess of the estimates will be refunded by the county or paid by
the applicanL respectively.
Surety bond. A surety bond in t-he a__~_n amount to be determined by Collier County
and issued by a company authorized to issue bonds in Florida or cash payment in
lieu of the bond v.'!!! may be required by the Planning Services Director a
c~..m?any a::th~r-;zed to issue ~.vnds in Ec, r/.da ~r cash ~ay.m~nt ;.n !!.e'.:' ~f t~: b~nd
to provide for cleanup and/or restoration of the subject site(s).
Annual Beach Events Permit
2.6.34.1.1.
The owner of beach-front commercial hotel-resort property shall apply for an
Annual Beach Events Permit. The Planning Services Director. or his desianee,
may ~rant the permit following review of an application for such permit. The
application shall be submitted on the form prescribed by Collier County together
with the applicable fee for the number of planned annual beach events as
indicated on the permit fom~ and exhibits thereto.
For purposes of this section, a "beach event" shall mean and refer to any social,
recreational or entertainment event, whether public or private, conducted on the
beach and satisfyin~ one or more of the following criteria:
I. The event involves the use of dining/picnic tables and chairs, serving tables,
or other ancillary equipment typically used to serve an on-site meal; or
The event involves the use of staging equipment, amplified music, or the use
of other types of electrical equipment for purposes of enhanced light and/or
sound; or
3. The event:
(a) is attended by 25 or more people and is organized by or with the help
of the beach-front property owner; and
(b) is of a nature not commonly associated with the day-to-day use of the
beach by the general public.
2.6.34.3. Notice of Scheduled Events:
2.6.34.3.1. On or before the 25th day of each calendar month. the holder of such permit shall
cause Collier Count',' to be furnished with written notice of all beach events
2.6.34.3.2.
scheduled for the following month, in the form and content made a part of the
Annual Beach Events Permit application. The notice shall indicate the date. time
and duration of each event. The maximum number of days of beach events,
during any calendar year, shall be 150 calendar days.
If a beach event is scheduled after the monthly notification has been furnished to
Collier County, the property owner shall furnish the County with a separate
written notice at least 48-hours prior to such event.
Words :t:".;:2: t~rc~;;g~ are deleled, words underlined are added.
38
2.6.34.3.1
All notices furnished to Collier County pursuant to the permit shall be sent to
Collier County Planning Services Department.
2.6.34.4. Event Cancellations and Postponements:
2.6.34.4.1.
If a scheduled beach event is canceled or postponed, the property owner shall
furnish Collier County with written notification of such cancellation or
postponemere. It is understood that weather conditions may cause last minute
cancellations, however the property owner shall make every effort to notify the
County staff a minimum of 4 hours prior to the scheduled event time. If such
event is rescheduled, notice of the date and time of the rescheduled event shall be
provided.
2.6.34.4.2.
If a beach event is canceled or postponed, and no other beach events are
scheduled for the date of the canceled/postponed event, and Collier County has
been notified of such cancellation or postponement, then the canceled or
postponed event shall not count towards the maximum number of beach events
authorized by the permit.
2.6.34.5.
Sea Turtle Nesting Season (May l~t through October 31 ~ of each year): During
sea turtle nesting season beach events permits e;rant thereof shall be subject to the
following conditions:
2.6.34.5.1.
A copy of the Florida Department of Environmental Protection (FDEP) Field
Permit, if required by FDEP, shall be obtained and furnished to Collier County
prior to the time of the scheduled event.
2.6.34.5.2.
Set-up, including beach rakine. for a particular beach event shall not commence
until after the daily sea turtle monitoring activities are completed by the Collier
County Natural Resources Department staff.
2.6.34.5.3.
Use of vehicles is prohibited, except as may be permitted in Section 3.14.3. of this
Code.
2.6.34.5.4.
All equipment placed on the beach for purpose of conducting the beach event
shall be removed from the beach by no later than 9:00 p.m. of the date of the
event.
2.6.34.5.5.
All lights that are visible from the beach and cast a shadow thereon shall be
turned-off by no later than 9:00 p.m. of the date of the event
2.6.34.5.6.
Identification of sea turtle nests on the beach may cause the beach event to be
relocated or to have additional limitations placed on the event, pursuant to the
recommendation of Collier Counly Natural Resources Department.
2.6.34.5.7.
Pole lighting, and any other object or structure designed to penetrate the ,sand
surface by more than three (3) inches shall be subject to the approval of the FDEP
and Collier County.
2.6.34.5.8.
Notices required by this section shall also be furnished to Collier County Natural
Resources Department.
2.6.35. Communication Towers
2.6.35.6.3.
Essential Services--Specified Conditional uses. Except in the RSF-1 through RSF-
6, and RMF-6 zoning districts. towers may be allowed to any height as a
conditional use on sites approved for a conditional use essential service for any of
the following conditional uses: safety service facilities including, but not
necessarily limtted to, fire stations, sheriffs substation or facility, emergency
medical services facility, and all other similar uses where a communications tower
Words .............e.. are deleted, words uoOq. rlined are added.
39
could be considered an accessory or logically associated use with the safety
service conditional use on the site. In addition, communications towers can be
approved as a conditional use for a stand alone essential service facilities provided
the tower is to be owned by, or be leased to, a governmental entity, and the
primary uses of the tower are for governmental purposes.
2.6.35.6.21.
2.6.35.6.22.
Refer to Section 2.4.6.4. for minimum landscaping requirements. ~,4amtseap~
b',:ffcr area no !c~ than ten feet v,'~dc :ha!! b',: devc!c~;:d aro',:nd th.c Fc~mctcr of
Any existing Nnative vegetation on the site shall be preserved and used to meet
the minimum landscape requirements '~ '~ ......... p.mctlca~ ...... per Section
2.4.6.4. (a) and (b). The site plan shall show existing significant vegetation to be
removed and vegetation to be replanted to replace that lost. Native vegetation may
constitute part or all of the required buffer area if its opacity exceeds 80 percent.
Section 2.6.35.7. Alligator Alley Communication Towers
(1)
(2)
(3)
Notwithstanding other provisions of Section 2.6.35, and irrespective of the
zoning classification(s) of the underlying fee at each respective tower site,
two (2) new communication towers shall be permitted at locations and
heights herein specified within the 1-75 right-of-way east of the toll booth
(Alligator Alley). Two of the four towers shall be constructed to replace
two existing Florida Department of Transportation towers. The four new
telecommunication tower sites shall be located approximately at:
(a) mile marker 52.2. The height of the tower shall not exceed 250 feet
including antennas;
(b) mile marker 92.6 (Everglades Blvd). The height shall not exceed
250 feet, including antennas:
(c) the site of an existing FDOT tower located on State Road 29. The
height shall not exceed 310 feet, including antennas:
(d) the site of an existing FDOT tower located at mile marker 63.2 at the
1-75 Rest Area. It will replace an existing tower located on the north
side of 1-75 at mile marker 63.3. The height shall not exceed 280
feet including antennas.
Each tower shall be constructed with a capacity to provide for a minimum
of four (4) to eight (8) co-users. including Florida Department of
Transportation (FDOT). the U.S Fish and Wildlife Service (FWS), the
National Park Service (NPS), the Department of Forestry (DOF), and
Collier County agencies, where practical.
Each tower shall be constructed in accord with the standards and
requirements of Section 2.6.35 and other applicable sections of the LDC
except as expressly provided otherwise in this Section.
Minimum yard requirements: There shall be no minimum yard requirement
for these towers at these locations because each tower and all ancillary
facilities must be contained within the 1-75 right-of-way and each proposed
tower must maintains a separation distance from all adjacent residential
Words ztruc:~ :,.rcu~,.. are deleted. words underlined are added.
DEC
(4)
(5)
(6)
(7)
(9)
property lines equal to one-half (1/2) the tower's height or equal to a Florida
Professional Engineer's certified collapse area (fall zone), whichever is
greatest, or a clear zone is maintained on adjoining property by a use
easement applicable to such adjoining property owner. No habitable
residential or non-residential structure, including offices, shall be allowed
within any certified collapse area (fall zone) for any of these towers.
Access: Physical access to each tower site shall be as approved by FDOT.
Parking: Sufficient unpaved area shall be provided on or adjacent to each
tower site to accommodate temporary parking for one vehicle for servicing
or maintaining the communication tower.
Landscape Buffer: A landscape buffer no less than ten feet wide with trees
planted 25 feet on center shall be developed and maintained around the
perimeter of each tower site and other related equipment, structures, and
buildings. This buffer shall encompass all structures including the tower
base. At least one row of native vegetation shall be planted within the
buffer to form a continuous hedge at least three feet in height at planting.
The bufi;er must be maintained in good condition. This landscape buffer
may be waived by the Planning Services Director where the buffer is not
practical due to public safety problems.
A Site Development Plan and construction plans will be submitted to the
Collier County Planning Services Department for review and approval prior
to any construction of any such tower. No changes, additions, or alterations
may be made to any approved Site Development Plan or construction plans
for any such tower without County approval.
Tower lighting: In addition to requirements for tower lights specified in
Section 2.6.35 of the LDC, towers located in the Big Cypress Preserve and
the Florida Panther National Wildlife Preserve shall be lighted in
accordance with the USFWS guidance system requirements for tower
lighting.
Notwithstanding any other provision in this code, and notwithstanding the
underlying zoning of the respective tower site, subject to the following, the
communications towers and accessory facilities ("Facilities"), listed above,
and all such future facilities, are lawful uses if located within the confines of
the 1-75 right-of-way east of the Allieator Alley toll booth to the eastern
boundary of Collier County.
(a) The tower and related facilities shall be subiect to conditional use
approval whenever the tower is to exceed a height of twenty (20)
feet. Towers that are to be twenty (20) feet or less in height require
only building permit approval from the County.
(b) As all such facilities must be located within the Interstate Highway
(c)
No. 75 fight of way, the facilities must be subject to approval from
the owner of that right-of-way, including such conditions as may be
required by that owner. The owner of said fight-of-way is the State
of Florida by and through the Florida Department of Transportation.
The facilities must be owned by, or leased to, a governmental entity.
The primary uses of the facilities shall be governmental uses.
Private uses. of the facilities, if any shall always be incidental and
subordinate to the governmental uses.
Notwithstanding any other provision in section 2.6.35, the facilities
shall be subject to the tower sharing requirements of Section 2.6.35
if the tower is to exceed a height of one hundred and twenty feet
(120? feet, or unless the tower is a monopole. If the tower is to be
Words ............ e.. are deleted, words underlined are added.
41
used only for govemmental uses, the tower need be shared only with
other governmental entities. If the tower is to be occupied by an
antenna under control of a non-governmental occupant of the tower
and is to be used for any non-governmental use(s), the tower sharing
requirements that apply to non-government occupants shall be
adhered to as a prerequisite to occupancy of the tower.
SUBSECTION 3.E.
AMENDMENTS TO ZONING AND ADMINISTRATION PROCEDURES
DIVISION
Division 2.7, Zoning and Administration Procedures, of Ordinance 91-102, as amended, the Collier
County Land Development Code is hereby amended to read as follows:
DIVISION 2.7. ZONING AND ADMINISTRATION PROCEDURES
Sec. 2.7.6.
Building or land alteration permit and certificate of occupancy compliance
process.
Zoning action on building or land alteration permits. The s!tc dcvc!v, Fm..cnt
rcvicw plannine services director shall be responsible for determining
whether applications for building or land alteration permits. as required by
the Collier County building code or this code are in accord with the
requirements of zoning code and the land development code. and no
building or land alteration permit shall be issued without written approval
that plans submitted conform to applicable zoning regulations, and other
land development regulations. For purposes of this section a land a land
alteration permit shall mean any written authorization to alter land and for
which a buildine permit may not be required. Examples include but are not
limited to clearing and excavation permits, site development plan approvals,
agricultural clearing permits, blastine permits. No building or structure shall
be erected. moved. added to, altered. utilized or allowed to exist and/or no
land alteration shall be permitted without first obtaining the authorization of
the required ~.,.;~a;~ permit(s), inspections and certificate(s) of occupancy
as required by the Collier County building code or this code and no building
or land alteration permit application shall be approved by the ~
,4 .... ~ .......... ; .... plannine services director for the erection, movim2.
addition to, or alteration of any building ov structure or land except in
conformity with the provisions of this zoning code and the land
development code unless he shall receive a written order from the board of
zoning appeals in the form of an administrative review of the interpretation
or variances as provided by this code or unless he shall receive a written
order from a court or tribunal or [of] competent jurisdiction.
Application for building or land alteration permit. All applications for
building or land alteration permits shall, in addition to containing the
information required by the building official, be accompanied by
zc, n:tr'act!on F!ans all required plans and drawings drawn to scale, showing
the actual shape ad dimensions of the lot to be built upon: the sizes and
Ioc:~.~ions on the lot of buildings already existing, if any; the size and
loca:i~;n on the lot of the building or buildings to be erected, altered or
allowed to exist: the existing use of each building or buildings or parts
thereof; the number of families the building is designed to accommodate:
the location and number of required off-street parking and off-street loading
spaces: approximate location of trees protected by county regulations:
changes in ~rade, includine details of berms; and such other information
with regard to the lot and existing/proposed structures as provided for the
enforcement of this land development code. In the case of application of
[for] a building or land alteration permit on property adjacent to the Gulf of
Mexico, a survey, certified by a land surveyor or an engineer licensed in the
Words ............. ~,, are deleted, words underlined are added.
42
State of Florida, and not older than 30 days shall be submitted. If there is a
storm event or active erosion on a specific parcel of land for which a
building or land alteration permit is requested, which the slt'c
rcvicw planning serx, ices director determines may effect the density or other
use relationship or' the property, a more recent survey may be required.
Where ownership or property lines are in doubt, the site dc;'clo~ment
planning services director may require the submission of a survey, certified
by a land surveyor or engineer licensed in the State of Florida. Property
stakes shall be in place at the commencement of construction.
Construction and use to be as provided in applications; status of permit
issued in error. Building or land alteration permits or certificates of
occupancy issued on the basis of plans and specifications approved by the
s!te dc~'e!e?m~nt re~.'~c':.' planning services director authorizes only the use,
arrangement, and construction set forth in such approved plans and
applications, and no other use, arrangement, or ~:onstruction. Buildinc Use
arrangement, or construction different from that authorized shall be deemed
a violation of this land development code.
Statements made by the applicant on the building or land alteration
permit application shall be deemed an official statement. Approval of
the application by the g:~','c ~e;'c!cvmcnt revlcw planning services
director shall, in no way, exempt the applicant from strict observance
of applicable provisions of this land development code and all other
applicable regulations, ordinances, codes, and laws.
A building or land alteration permit issued in error shall not confer any
rights or privileges to the applicant to proceed to or continue with
construction, and the county shall have the power to revoke such
permit until said error is corrected.
Adequate public facilities required. No building or land alteration permit or
certificate of occupancy shall be issued except in accordance with the
Collier County Adequate Public Facilities Ordinance, Ord. No. 90-24
(division 3.15 of this code) and Rule 9J-5.0055, F.A.C.
Improvement of property prohibited prior to issuance of building or land
alteration permit. No site work, removal of protected vegetation, grading,
improvement of property or construction of any type may be commenced
prior to the issuance of a building or land alteration permit where the
development proposed requires a building or land alteration permit under
this land development code or other applicable county regulations.
Exceptions to this requirement may be granted by the Community
Development and Environmental Services administrator for an approved
subdivision or site development plan to provide for distribution of fill
excavated on site or to permit construction of an approved water
management system, to minimize stockpiles and hauling off-site or to
protect the public health, safety and welfare where clearing, grading and
filling plans have been submitted and approved meeting the warrants of
Section 3.2.8.3.6 of this code: removal of exotic vegetation shall be
exempted upon receipt of a vegetation removal permit for exotics pursuant
to division 3.9.
Zoning and land use approval required prior to or simultaneously with
issuance of building or !and atleration permit or occupancy of land and
space. A zoning certificate, attesting to compliance with all aspects of the
zoning provisions of the land development code, shall be required prior to
obtaining a building or land alteration permit or to occupying any space of
land or buildings or for the conduct of a business in all zoning districts. The
following zoning certificate review procedure shall provide for the issuance
of a zoning certificate.
Words c.:r::c:: t~rvug~ are deleted, words underlined are added.
43
DEC 13 2000
For the purpose of determining compliance with the zoning provisions
of the land development code, an approval of a site development plan
pursuant to division 3.3 herein, authorizes the issuance of a zoning
certificate. Said zoning certificate shall constitute a statement of
compliance with all applicable provisions of the land development
code, iqcluding the uses of the building space upon which applicable
off-street parking and loading requirements were based, however,
issuance of a zoning certificate shall not exempt any person from full
compliance with any applicable provision of the !and development
code.
In subdivided buildings each space for which a use is proposed
requires a zoning certificate for that particular space, independent of
any approval conferred upon the building and the land pursuant to
division 3.3 and of a zoning certificate issued for the building and the
land, shall be required.
A zoning certificate shall be required for any use of land or buildings
located in residential zoning districts, which involve the conduct of a
commercial or other non-residentially allowed uses of land or
buildings.
d. A zoning certificate shall not be required for a land alteration activity
when that activity is accessory to other uses of land.
SUBSECTION 3.F.
AMENDMENTS TO ARCHITECTURAL AND SITE DESIGN
STANDARDS AND GUIDELINES FOR COMMERCIAL BUILDINGS
AND PROJECTS DIVISION
Division 2.8., Architectural And Site Design Standards And Guidelines For Commercial Buildings
And Projects. of Ordinance 91-102. as amended, the Collier County Land Development Code, is hereby
amended to read as follows:
DIX'ISION2.8. ARCHITECTURAL AND SITE DESIGN STANDARDS AND GUIDELINES
FOR COMMERCIAL BUILDINGS AND PROJECTS
Sec. 2.8.2. Applicability.
Provisions of this division are applicable in all commercial zoning districts,
commercial and non-residential components of PUD districts, DRls. business
park districts, and industrial zoned areas and all other zoning districts for non-
residential developments and buildings fronting on arterial or collector roads as
described by the transportation circulation element of the growth management
plan, when located in the urban residential areas as indicated on the future land
use ~nap of the growth management plan, as provided below:
2.8.2.5.
Non-commercial development: Non-commemial use applications are entitled to
demonstrate that the intent of this section can be effectively accomplished without
meeting the specific development standards of this section. Designs which are
responsive to their context and proposed use and demonstrate a well considered
design theme may request an administrative review of their alternative approach
and design. In addition to the base submittal requirements, applicants shall clearly
label the plan submitted as an "Alternative Architectural Design Standards Plan"
and shall reference the requested deviations on the plan and shall submit a
descriptive narrative which specifically identifies the LDC development standards
required by this section which is/are being proposed to be addressed through theft
Words :t:uc.: :..rc:-'gh are deleted, words underlined are added.
20-00
alternative approach. Supplemental submittal and narrative descriptions must be
provided which supports the applicant's position. The Planning Services Director
will administratively review submittal documents for consistency with the intent
of this section and if the plan is approved through this provision, shall specifically
note the approved deviations and the bases of their approval within the Site
Development Plan approval letter. Deviations approved shall be applicable only
to the specific design and plan reviewed. Modification, of an approved design
,shall void the administrative approval of the deviation and reauire resubmittal of
the deviation request to Planning services staff for re-evaluation of the reguest in
the context of the amended design and plan.
SUBSECTION 3.G. AMENDMENTS TO SUBDIVISIONS DIVISION
Division 3.2., Subdivisions, of Ordinance 91-102, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
DIVISION 3.2. SUBDIVISIONS
Sec. 3.2.7 Preliminary Subdivision plat.
3.2.7.1.11.
The location and width of all proposed streets, alleys, rights-of-way, easements
and their purpose along with the proposed layout of the lots and blocks. Proposed
street names shall be identified on all public or private thorough-fares. Typical
right-of-way and pavement cross sections shall be graphically iljustrated on the
preliminary subdivision plat, showing the location of sidewalks, bikepaths and
utilities. If not previously determined during the PUD rezoning process, it shall be
determined whether the streets are to be public or private.
Sec. 3.2.8. Improvement Plans
3.2.8.3.20
Street lighting. Streetlights shall be designed and installed utilizing the guidelines
of the IES standards for each street intersection, at required intervals along each
street not to exceed 400 feet and at the end of each cul-de-sac, and may be
required at intervals along each street. Such lights may be required on interior
streets, alleys, boundary streets, access paths, and the like.
The standards for this street lighting are: (per IESNA RP-8-00)
1. A minimum of 1.4 foot-candles at the center of each internal project
intersection is required.
A minimum of 1.4 foot-candles along internal roadways is recommended
but not required.
At the entry/exit of any subdivision located on to a county collector or
arterial street the following standards shall apply~
a) At the points where the edges of pavement of the entrance road meet
the right-of-way line, the illumination level shall be 2.0 foot candles
minimum.
b) At the centerline of the entrance road and a minimum of right-of-way
line, the illumination level shall be 3.5 foot-candles.
All light levels shall be measured at a minimum of approximately 4'above the
pavement on a moonless night.
Whenever, in the opinion of the site development review director, based on an
engineefts determination, a dangerous condition is created by sharp curves,
irregularities in street alignment, or other similar circumstances, additional lights
may be required. Streetlights and mounting poles shall be wired for underground
service. All conduits and casing to be placed under the roadway required for the
Words :tr'.::!~ t~re'--'g~ are deleted, words underlined are added.
45
DEC 3 200O
lights must be installed during each construction phase prior to roadway subbase
completion. Streetlights shall be designed and installed in either of two ways:
Where streetlights are to be installed on private streets, the developer,
through an electrical engineer registered in the State of Florida, shall design
and install the street lighting system subject to the approval of the
development services director. Upon completion of the streetlights, they
shall be owned, operated and maintained by the property owners'
association, a condominium association, cooperative association, or other
similar entity, or the public utility furnishing the electric service.
Where the streetlights are to be installed on public streets, the developer
may elect to initiate a municipal services benefit or taking unit in
coordination with the county transportation services division in order to
provide street lighting. If the municipal services benefit or taxing unit is
approved by the board of county commissioners, the transportation services
director shall authorize the public utility to design, install, and maintain the
street lighting system at no cost to the county's general fund. If no benefit
or taxing unit is created for public streets, the provision of section
3.2.8.3.20.1 above shall govern the design, construction and maintenance of
streetlights.
3.2.8.3.24.
Utility' casings. Subdivisions or developments providing water services shall
install no less than t~re, e in',z~ four-inch conduits to each aRemate lot on the
opposite side of the street from the main distribution line for each street prior to
the completion of roadway construction or as required by applicable utility.
Additionally, all casings for irrigation facilities. street lighting and other utility
services such as electric, telephone, cable television, and the like shall be placed
under all proposed streets prior to the completion of the stabilized subgrade.
SUBSECTION 3.H. AMENDMENTS TO SITE DEVELOPMENT PLANS DIVISION
Division 3.3., Site Development Plans. of Ordinance 91-102, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
DIVISION 3.3. SITE DEVELOPMENT PLANS
Sec. 3.3.3. Applicability
All development, except as otherwise provided herein, is subject to the provisions
of this division. The provisions of this division shall not apply to the following
land use activities and represents the sole exceptions therefrom:
1) Single-family detached and two-family housing structure(s) on a lot(s) of
record except as otherwise provided at Section 2.6.27 (cjuster development).
2) Underground construction: utilities, communications and similar
underground construction type activities.
3)
Accessory and ancillary facilities for a golf course such as restrooms,
irrigation systems. pump-houses where a preliminary work authorization has
been entered into with the county except where a site alteration permit is
required by this code.
Words atr-"-ck t~ra~:gL are deleted, words underlined are added.
4)
5)
6)
Constmction trailers and storage of equipment and materials following
issuance of a building permit for the use to which said activities are a
function of, except as otherwise provided by Section 2.6.33.
Model homes and sales centers, except as otherwise provided by Section
2.6.33.
Project entryway signs, walls, gates and guardhouses.
SUBSECTION 3.I. AMENDMENTS TO EXPLOSIVES DIVISION
Division 3.4., Explosives, of Ordinance 91-102, as amended, the Collier County Land Development
Code, is hereby amended to read as follows:
DIVISION 3.4, EXPLOSIVES
Sec. 3.4.5.
3.4.5.1.10.
Permit application requirements and conditions.
activities will not be permitted within 350 feet of any existing structures,
structures under construction, or within 350 feet of public roadways.
Sec. 3.4.13.
3.4.13.5.1.
Restrictions for the use and handling of explosives.
It shall be unlawful for any person, to blast, fire, detonate or use any amount of
explosive within the territorial limits of the county without first obtaining a
blasting permit as hereinafter provided by this section; provided that in any event
it shall be unlawful for any person to blast, fire or detonate or use any amount of
explosives which would result in a resultant peak particle velocity in excess of 0.5
inches per second when measured on the ground at the nearest building or
structure not owned by the permittee, or at a location identified by the
seismologist of record and the planning services director, or designee. A blasting
control procedure is hereby established by adopting an 80 percent role for
controlling blasting in urban construction environments. If 80 percent of the
allowable particle velocity is exceeded, no blasting may be undertaken until a
letter, facsimile transmission, or telephone call with a follow-8p letter or facsimile
transmission is provided by the blasting permit applicant to the county identifying
a revised blasting methodology which provides procedures that will be
implemented to assure that a peak particle velocity of 0.5 inches per second will
not be exceeded.
The maximum allowable airblast, measured at the nearest building or structure not
owned by the permittee, or when measured at a distance of 5,280 feet from the
blast shall not exceed 129 decibels when measured by an instrument having a flat
frequency response over a range of at least 6 to 200 hertz. If the airblast is
measured with an instrument having a flat frequency measure over a range of at
least 2 to 200 hertz, the corresponding limit is 133 decibels.
The following requirements shall apply to all blasting within the urban boundaries
of the county:
a) Overburden shall not be removed prior to blasting. When overburden
exceeds four feet of depth, a minimum of four feet of overburden shall
remain in place prior to blasting.
b) Stem all blast holes within 1000 feet of the nearest structure based on a
GPS measurement with 89 stone or approved equal material shall be to
confine the gaseous products of detonation.
Words ;tr'.'.ck tSrc;:g5 are deleted, words underlined are added.
47
DE?: ! 3 2000
c) The "borehole" surrounding the blast tube shall be backfilled to ensure
stability of the ground surface.
d) All surface detonators shall be covered or buried.
e) All charges shall be at (originally placed) proper depth prior to the
detonation of multiple blast.
f) Blasting will not be permitted within 350 feet of existing structures or
structures under construction or within 350 feet of public roadways.
SUBSECTION 3..1. AMENDMENTS TO EXCAVATION DIVISION
Division 3.5., Excavation, of Ordinance 91-102, as amended, the Collier County Land Development
Code, is hereby amended to read as follows:
DIVISION 3.5. EXCAVATION
Sec. 3.5.7. Construction requirements for the construction of excavations.
3.5.7.3.1.
Maxitnum. Private and development excavations shall not exceed -14 20 feet in
depth unless computations using the "fetch formula" of maximum depth +5 feet +
(0.015) x (mean fetch in feet) indicate that deeper depths are feasible. The mean
fetch shall be computed as follows: (A+B)/2 where "A" is the average length
parallel to the long axis of the excavation and "B" is the average width of the
excaxation as measured at right angles to the long axis.
Sec. 3.5.8. Inspection and reporting requirements.
3.5.8.2.t.
Status reports. The permittee shall provide the development :cryice; dircctcr
community development and environmental services administrator, or his
designee, with an excavation activities status report as follows:
1. Private excavations. A final status report within 30 days after the final
completion of the excavation.
Development and commercial excavations. An annual status report every 12
months over the duration of the permit and a final status report within 30
days after the final completion of each phase of the excavation. If a final
status report will be filed within four months of the required annual status
report, then the need for the preceding annual status report shall be waived.
The final .or ~nnual status report shall consist of no less than the following
information, and such other information as may be deemed necessary by the
a .... , ........... ;~ a: ...... community development and environmental
services administrator, or his designee, to accurately determine the status of
the excavation. its compliance with this division and the special conditions
of tht. excavation permit:
a. A sealed topographic survey prepared by the project's
surveyor/engineer, containing the following:
(1)
A baseline along the top of the perimeter of the excavation,
clearly referenced to known points and adjacent property or tract
lines, if appropriate, with right angle cross sections taken which
clearly show the as-built side slope and depth of the excavation
at each station. Unless otherwise approved by the development
Words .............e.. are deleted, words underlined are added.
48
services director, cross sections shall be taken every 100 feet on
excavations less than five acres, and every 300 feet on
excavations over five acres. Partial cross sections showing the
as-built side slopes will be necessary on the ends of the
excavation and around the perimeter of the excavation where due
to its irregular shape, the base line right angel cross sections do
not accurately depict the actual constructed slopes. The cross
section survey data shall be plotted at an appropriate scale and
the as-built side slope ratio computed for each of the segments
between the survey data points. The approved design cross
section, including the breakpoints, shall be superimposed on each
as-built cross section to facilitate visual verification of
substantial compliance with provisions of the division. Side
slopes shall be graded to within a reasonable tolerance as will be
determined by the development services director, depending
upon local site conditions.
(2)
On all planned unit development or subdivision projects, the
outline of the excavations top-of-bank shall be accurately plotted
and referenced to known control points in order that:
(a)
The surface area can be verified as meeting size and
retention/detention storage needs. The computer surface
area at control elevation shall be shown to the nearest
tenth of an acre.
(b)
It can be determined that the excavation was constructed
within easements dedicated for that purpose,
(.3) (4-) Calculation of value of excavated material as follows:
Cubic yards used on site + Cubic yards removed from site +
Cubic yards remaining on site in stockpiles = Total cubic yards
excavated. du.~ng rep~ing
A certification from the project's surveyor/engineer stating that they
have visually inspected all dikes around any dewatering storage spots
or failures which shall be promptly corrected by the permittee to
assure that there will be no potential for dike rupture that would cause
off-site flooding,
A certification from the project's surveyor/engineer shall accompany
all final completion status reports stating that, based on fl~eir
observations and surveys, all work on the excavation(s) was completed
within reasonably acceptable standards of this division and any special
stipulations placed upon the excavation permit,
.... ;.~ ,~ .... :~: .... ,~ ,~ .... c c.~., ..... ~,:~_ ~c,~. ........... ';~" The
annual status report shall consist of no less than the following
information, and such other information as may be deemed necessary
by the community development and environmental services
administrator or his designee, to accurately determine the status of the
excavation, its compliance with this division and the special conditions
of the excavation permit:
(1) An annual aerial photograph with a scale of no less than one-inch
equals 200 feet.
(2) Depth of excavation soundings taken on a 300 foot erid.
Words ,~tr'.:ck thrc. ugh are deleted, words underlined are added.
49
DEC ! 3 2%0
The property lines of the commercial excavation site as shown
on an aerial photograph.
At the completion of any lake or phase of the excavation permit,
a sealed topographic map by the project surveyor/engineer shall
be submitted in conformance to the preceding section 3.5.8.2.1,
2,a,(l).
SUBSECTION 3.K.
AMENDMENTS TO VEGETATION REMOVAL, PROTECTION AND
PRESERVATION DIVISION
Division 3.9., Vegetation Removal, Protection And Preservation, of Ordinance 91-102, as amended,
the Collier County Land Development Code, is hereby amended to read as follows:
DIVISION 3.9. VEGETATION REMOVAL, PROTECTION AND PRESERVATION
Sec. 3.9.6.
Sec. 3.9.6.6.6.
Review procedures.
In addition to the other requirements of this division, the applicant shall be
required to remove on single-family and two-family lots for all new ,~_,~n:~
',:nit:; principal or accessory structures and major additions to any principal or
accessory structures, all prohibited exotic vegetation before a certificate of
occupancy is granted. The removal of prohibited exotic vegetation shall be
required in perpetuity. Upon issuance of a vegetation removal permit, prohibited
exotic vegetation may be removed from lots which are zoned residential single-
family (RSF). estates (E), village residential (VR), and mobile home (MH). prior
to issuance of a building permit.
SUBSECTION 3.L. AMENDMENTS TO SEA TURTLE PROTECTION DIVISION
Division 3.10., Sea Turtle Protection, of Ordinance 91-102, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
DIVISION 3.10. SEA TURTLE PROTECTION
Sec. 3.10.9. Permits and fees.
3.10.9.1.
Construction in a sea turtle nesting area permit. During the nesting season,
construction within 100 feet of the nesting zone of a beach where sea turtles nest
or may nest shall require a permit from the site development review director or his
designee. The site development review director shall inform the applicant about
sea turtle crawls and nesting. It shall be the responsibility of the applicant to
ensure that all persons working on the permitted construction am similarly
informed. All other required state and federal permits shall be obtained prior to a
construction in sea turtle nesting area permit being issued.
3.10.9.2.
Turtle handling permit. It shall be unlawful to relocate or possess a sea turtle
without first obtaining a permit from the development services director. The
development services director shall issue said permit only to persons who have
obtained a Florida Marine Turtle permit from the State of Florida department of
natural resources prior to issuance of the Collier County permit.
Words ............e.. are deleted, words underlined are added.
50
3.!0.9.3.
SUBSECTION 3.M. AMENDMENTS TO ENDANGERED, THREATENED, OR LISTED SPECIES
PROTECTION DIVISION
Division 3.11., Endangered, Threatened, Or Listed Species Protection, of Ordinance 91-102, as
amended, the Collier County Land Development Code, is hereby amended to read as follows:
DIVISION 3.11. ENDANGERED, THREATENED, OR LISTED SPECIES PROTECTION
Sec. 3.11.2. Purpose.
The purpose of this division is to protect species in Collier County, Florida by including
measures for protection and/or relocation of endangered, threatened, or species of special
concern listed by:
a) Florida Fish and Wildlife Conservation Commission (FFWCC) as endangered,
threatened or species of special concern;
b) United States Fish and Wildlife service (USFWS) as endangered or threatened; and
c) Convention of International Trade in Endangered Species of Wild Fauna and Flora
(CITES) on Appendix !, Appendix II, or Appendix III.
Sec. 3.11.3. New and existing development
For new and existing development and construction pursuant to division[s] 3.2~ 3.3 and 3.9 of
this code. and the building code of Collier County, until permanent guidelines and standards are
adopted by Collier County, the following shall apply as interim guidelines or standards for the
protection of endangered species, threatened species and species of special concern as prescribed
by Goal 7 and associated objectives and policies, as amended, of the Conservation and Coastal
Management Element of the Collier County Growth Management Plan:
3.11.3.1.
Plans shall be submitted for review and subject to approval by the Planning
Services_Department of the Community Development and Environmental
Services Division, for the management of habitat and wildlife, including measures
for protection and/or relocation of endangered and threatened species and.species
of special concern. The_County shall consider and may utilize recommendations
and letters of technical_assistance of the FFWCC, and recommendations and
guidelines of the USFWS, in issuing development orders on property containing
endangered and threatened species and species of special concern. Such plans
shall comply with current federal, state and local ordinances and policies.
3.11.3.2.
The USFWS South Florida Multi-Species Recover~ Plan (dated May 1999, and as
amended) shall be adopted as the minimum guideline or st, andard to preserve or
improve the environmental conditions required for the protection and recove~ of
the West Indian manatee (Trichechus manatus), Florida I~mther (Puma concolor
Words :trucx t..r~,ugh are deleted, words unllcrlined are added.
51
coryi), Audubon's crested caracara (Polyborus plancus audubonii), Bald eagle
{Haliaeetus leucocephalus), Florida scrub jay (Aphelocoma coerulescens), Piping
plover (Charadrius melodus), Wood stork (M¥ceteria americana), Roseate tern
(Sterna dougalli dougalli), Red-cockaded woodpecker (Picoides borealis),
American crocodile (Crocod¥lus acutus), Eastern indigo snake (Dr~marchon
corais couperi), Green sea tunic (Chelonia rnydas), Kemp's ridley sea turtle
(Lepidochel~'s kernpig), Leatherback sea turtle (Derrnochel¥s coriacea), and
Loggerhead sea turtle (Caretta caretta).
Until the adoption of federal guidelines for any of the above listed species, the
developer shall be responsible for the development of a protection plan for
conservation and management of these species.
3.11.3.3.
Until the adoption of State of Florida guidelines for the protection of all State
listed species, as listed in "Florida's Endangered Species, Threatened Species and
Species of Special Concern" authored by Florida Fish and Wildlife Conservation
Commission, the developer shall be responsible for the development of a
protection plan for conservation and management of these species.
3.11.3.4
Gopher Tortoise ('Gopherus polyphemus)
(1)
All gopher tortoises, their habitats and the associated comensals are
herebv protected: and ;' is expressly p-^~';~-;'~'~ '~ k .......,~r, h,,., or
remove an:, .....
section. It is expressly prohibited to t~e, w~ch me~s to h~s, ha~,
hunt, sh~t, wound, kill, trap, capture, collect, or attempt to engage in
such conduct any gopher tortoise and to alter. destroy or decade the
functions ~d vMues of ~eir natural habitat, unless othe~ise provided for
in this section.
(2)
All gopher tortoise burrows are protected and it is prohibited to
intentionally destroy or mc!e~t take one any such burrow by any means,
unless otherwise provided for in this section.
(3)
Provision is hereby made to allow personnel authorized by t?.c United
e ..... ~:;r~. ~_~ um.n:c.. c .... :~" Florida Fish and Wildlife Conservation
Commission m, mt o_~_r Collier County to house and relocate tortoises as
necessary and provided for in this section.
(4)
When gopher tortoises are identified on a site, a protection/management
plan or off site relocation plan shall be submitted to the Planning Services
Department of the Community Development and Environmental Services
Division, for review and approval. This shall apply to all new
development and site improvements. It shall also apply to substantial
amendments to existing development and site improvements, where
gopher tortoise protection/management plans have not been previously
approved by Collier County Planning Services Staff.
The protection/management plan shall include, but not be limited to the
following items: 1 ) a current gopher tortoise survey, which shall be field-
verified by planning services staff; 2) a proposal for either maintaining the
population in place or relocating it: 3) a site plan identifying the
boundaries of the gopher tortoise preserve; 4) the method of relocation if
necessary; 5) the proposed supplemental plantings if needed: 6) a detail of
the gopher tortoise fencing; 7) an annual maintenance plan describing
exotic removal and possible additional plantings in the future and 8)
identification of persons responsible for the initial and annual
protection/management of the tortoises and the preserve area. Suitable
gopher tortoise habitat shall be designated on the site plan at the time of
the first development order submittal. Suitable habitat preserved on site
Words .......tkrc::gh are deleted. words underlined are added.
52
(5)
(6)
(7)
(8)
(9)
shall be credited to the preservation requirement as specified in Section
3.9,5
Suitable habitat shall be defined as having the following characteristics: 1 )
the presence of well drained, sandy soils, which allow easy burrowing for
gopher tortoises, 2) appropriate herbaceous ground cover (if not present,
supplemental food sources shall be planted), 3) generally open canopy and
sparse shrub cover which allow sufficient sunlight to reach the ground,
and 4) typically, includes the presence of an existing gopher tortoise
population.
Off site relocation plans may be permitted to meet all or part of the on site
gopher tortoise habitat preservation requirements under the following
circumstances:
a.) Where suitable habitat canner be prev':ded does not exist on site;
or,
b.) %'here a property owner meets the minimum on site native
vegetation.preservations requirements of this code with
jurisdictional wetlands and thus does not provide appropriate
habitat for gopher tortoises as described above: or,
c) Where scientific data has been presented to in u% cT:.n!vn cf the
Community Development and Environmental Services
Administrator or his designee, and an environmental professional
opinion is rendered that the requirement to provide the required on
site gopher tortoise habitat preservation area will not be conducive
to the long term health of the on site population of tortoises.
If an off site relocation plan is authorized under one or more of the above
conditions. approval of such a plan and associated State permit, shall be
obtained from the Florida Fish and Wildlife Conservation Commission.
The State permit shall be obtained prior to any site improvements or
gopher tortoise relocation. Where appropriate, a combination of on site
preservation and off site relocation may be considered.
When relocating tortoises on site, the density shall be reviewed on a case
by case basis and no more than 5 tortoises per acre will be considered a
suitable density.
When identifying the native vegetation preservation requirement of
Section 3.9.5. of this code for parcels containing gopher tortoises, priority
shall be given to protecting the largest most contiguous gopher tortoise
habitat with the greatest number of active burrows, and for providing a
connection to off site adjacent gopher tortoise preserves. All gopher
tortoise preserves shall be platted with protective covenants as required by
section 3.2.9.2. I 0 of this code or if not platted, shall provide such
language on the approved site development plan. When a decision is
made to allow off site relocation of gopher tortoises, it shall be a priority
to preserve scrub habitat, when it exists on site, for its rare unique qualities
and for being one of the most endangered habitats in Collier County.
Gopher tortoises shall be removed from all active and inactive burrows
located within the area of construction prior to any site improvement, in
accordance with the protection/managemem plan approved by planning
services staff.
Exemptions. Single family platted lots, 7.5 acres or less in size, shall be
exempt from the requirements set forth in subsection 3.11.3.4 (4), when
these lots are not a pan of a previous development which has been
Words ,7~-.'-'c,. t.,rc::g.. are deleted, words underlined are added.
53
DEC ! 3 2CQ0
required to comply with 3.11.3.4 (4). However, gopher te'-'-rt!ge: tortoises
shall be protected pursuant to paragraphs 1, a:'~ 2 and 3 of this section.
Sec. 3.11.4. Penalties for violation: resort to other remedies.
Violation of the provisions of this division or failure to comply with any of its
requirements shall constitute a misdemeanor. Any person or firm who violates this
division or fails to comply with any of its requirements shall upon conviction thereof be
fined, or imprisoned, or both, as provided by law. Each day such violation continues shall
be considered a separate offense. Each taking of a gopher tortoise shall constitute a
separate violation. It is not the intent to include tortoises that may be accidentally injured
or killed during an approved reitcation procedure that is done by a qualified consultant,
in accordance with their protection/management plan. Any other person, who commits,
participates in, a~ ;ists in, or maintains such violation may each be found guilty of a
separate offense and suffer the penalties herein provided. The county, in addition to the
criminal sanctions contained herein, may take any other appropriate legal action,
including but not limited to injunctive action, to enforce the provisions of this division.
(Ord. No. 92-73, § 2)
SUBSECTION 3.N. AMENDMENTS TO VEHICLE ON THE BEACH REGULATIONS DIVISION
Division 3.14, Vehicle On The Beach Regulations, of Ordinance 91-102, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
DIVISION 3.14.
VEHICLE ON THE BEACH REGULATIONS
Sec. 3.14.3. Exceptions; permit.
3.14.3.4
Vehicle-on-the-beach permits issued in conjunction with special or annual beach
events: Vehicles which are used in conjunction with functions on the beach, as
permitted by an approved special event temporary use permit, or annual beach
events permit, are exempt from the provisions of this division if a vehicle-on the-
beach permit has been granted by the planning services director or his designee.
All permits issued are subject to the following conditions and limitations:
3.14.3.4.1.
The use of vehicles shall be limited to set-up and removal of equipment for the
permitted function.
3.14.3.4.2.
Said permits shall be prominently displayed on the vehicle and kept with the
vehicle and available for inspection;
3.14.3.4.3.
The types of vehicles permitted for this use may include ATV's, non-motorized
handcarts or dollies. and small utility wagons, which may be pulled behind the
ATV's.
3.14.3.4.4.
All vehicles shall be equipped with large pneumatic tires inflated to no more than
10 PSI.
3.14.3.4.5.
Permits shall only be issued for ATV's when staff has determined that: I) due to
the distance and the excessive weight of the equipment to be moved that it would
be prohibitive in nature to use push carts or dollies or 2) a limited designated
work area has been established at the foot of the dune walkover for 1oadin~ and
unloading and the ATV use is restricted to that limited area.
3.14.3.4.6.
3.14.3.4.7.
When not in use all vehicles shall be stored off the beachl
Use of such vehicles on the beach shall be prohibited during sea turtle nesting
season.
Words ............. ~., are deleted, words underlined are added.
54
3.14.3.5.
Vehicle-on-the-beach permits issued in conjunction with permanent concession
facilities: shall be exempt from the provisions of this division if a vehicle-on-the-
beach permit has been granted by the planning services director or his designee.
Vehicles which are used in conjunction with approved permitted beach
concession activities may be used to set up concession equipment and may be
used to remove the equipment from the beach and return it to the approved
storage area, subject to the following conditions and limitations:
3.14.3.5.1.
The types of vehicles permitted for this use may include ATV's, non-motorized
handcans or dollies, and small utility wagons, which may be pulled behind the
ATV' s.
3.14.3.5.2.
Said permit shall be prominently displayed on the vehicle and kept with the
vehicle and available for inspection.
3.14.3.5.3.
All vehicles shall beequipped with large pneumatic tiresinflated to no morethan
10 PSI.
3.14.3.5.4.
Permits shall only be issued for ATV's when one of the following criteria has
be~n met:
1) Evidence has been provided that there is a need to move equipment which,
due to the excessive weigh and distance of equal to or greater than 200
feet, would be prohibitive in nature to move with push carts or dollies.
2) A limited designated work area has been established at the foot of the
dune walkover for loading and unloading and the ATV use is restricted to
~at F]mited identified area.
3.14.3.5.5. When not in use all vehicles shall be stored off the beach;
3.14.3.5.6.
These vehicles may not be used for transportation of people or equipment
throughout the day. The permit shall designate a limited time for equipment set up
and for the removal of the equipment at the end of the day.
3.14.3.5.7. Use of such vehicles on the beach shall be prohibited during sea turtle nesting
season.
3.14.3.6.
Vehicle-on-the-beach permits for other routine functions associated with
permitted uses of commercial hotel property: Vehicles which are used in
conjunction with tasks such as routine equipment set-up that cannot reasonably be
accomplished without the use of such vehicle due to size, weight, volume and
such, shall be exempt from the provisions of this division if a vehicle-on-the-
beach permit has been granted by the planning services director or his designee,
subject to the following conditions and limitations:
3.14.3.6.1.
Use of the vehicle shall be limited to one-time set up and one-time removal of
equipment each day.
3.14.3.6.2.
Said permit shall be prominently displayed on the vehicle and kept with the
vehicle and available for inspection.
3.14.3.6.3.
The types of vehicles permitted for this use may include ATV's, non-motorized
handcans or dollies.
3.14.3.6.4.
Permits may be issued for ATV's only when staff has approved a limited,
designated work area at the foot of the dune walkover for loading and unloading
and the ATV use is restricted to that limited area.
3.14.3.6.5.
All vehicles shall be equipped with large pneumatic tires inflated to no more than
10 PSI.
Words ............~,.. are deleted, words underlined are added.
55
3.14.3.6.6.
3.14.3.6.7.
SUBSECTION 3.0. AMENDMENTS TO DEFINITIONS DIVISION
When not in use all vehicles shall be stored off the beach;
Use of such vehicles on the beach shall be prohibited during sea turtle nesting
seasoil.
Division 6.3, Definitions, of Ordinance 91-102, as amended, the Collier County Land Development
Code. is hereby amended to read as follows:
DIVISION 6.3.
DEFINITIONS
Division 6.3 Definitions
Residential Hotel - A residential hotel is a hotel intended for family occupancy where the
duration of stay exceeds one (1) week and offers full living accommodations including a
kitchen, living room, bathrooms and two or more bedrooms. The following operating.
characteristics are required:
No unit may be occupied by the same household for a period of time greater than six(6)
weeks and the same household may not occupy any unit in the building for more than
twelve weeks in any calendar year.
A,check in/Check out area shall be administered by the staff employed by the owner
entity.
Recreational amenities shall include at least three of the following recreational facilities:
{i) Swimming pool
(ii) Tennis courts
{iii) Fitness room
{iv) Health spa
(v) Game room
In the event a condominium form of ownership is established condominium documents
shall be submitted with a Site Development Application which clearly demonstrates that
all the units function in the rental pool and are required to abide by the occupancy rule
herein specified.
No unit shall be occupied by more than one household.
The design of each unit shall clearly demonstrate that it functions as a separate
housekeeping unit and can not be rented to individuals who share the space in common
and are not members of the same household. However this shall not preclude more than
one household from sharing in common the space of the unit when all members are from
the same nuclear family.
SUBSECTION 3.P: AMENDMENTS TO APPENDICES SECTION
Appendix B, Typical Street Sections And Right-Of-Way Design Standards, is hereby
amended by replacing the existing Appendix B, Typical Street Sections And Right-Of-Way
Words ............ ~,,. are deleted, words un~terlineg are added.
56
Design Standards, iljustrations with revised Appendix B, Typical Street Sections And Right-Of-
Way Design Standards iljustrations attached hereto and incorporated herein by reference as
Exhibit "B".
SECTION FOUR: ZONING ATLAS MAPS
The Zoning Atlas Maps numbered [0633N, 0633S,GGE22, 8517S, 6931N, 6933S,
7904N, 482930, 8529N, 7904S, 9621N, 9622S, 0629N, 0501S, 9523S, 9621S] attached hereto
and incorporated herein by reference are hereby amended as depicted upon such maps and
attached hereto as Exhibit "A". The effect of the amendment is to rezon¢ the sixteen park sites
to the "P" Public Use District.
SECTION FIVE: CONFLICT AND SEVERABILITY
In the event this Ordinance conflicts with any other Ordinance of Collier County and other
applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate. distinct and independent provision and such holding shall not affect the validity of the
remaining portion
SECTION SIX: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE
The provisions of this Ordinance shall become and be made a part of the Land Development
Code of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to
accomplish such, and the word "ordinance" may be changed to "section", "article", or any other
appropriate word.
Words ~tr ........a~,, are deleted, words underlined are added.
57
SECTION SIX: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board cf County Commissioners of Collier County,
Florida, this __ day of 2000.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
ATFEST:
BY:
TIMOTHY J. CONSTANTINE, CHAIRMAN
DWIGHT E. BROCK, CLERK
Approved As To Form And Legal Sufficiency
Marjorie M. Student
Assistant County Attorney
H:\ I.DC CYCI.E 2 - 2000'~J"A20RD CYCLE 2 - 2000
Words ,;~-::z]: :~."c"~ are deleted, words underlined are added.
58
EXHIBIT "A"
Words .;:r',:c'.~ :~rc~:g~ are deleted, words unOerlined are added.
59
il
i/'/
?
Words ,a~ are deleted, words underlined are added.
60
8]½_0 ......... ON NOZ :NOlSI,',3~
Words ~:,-'.:~,; :~:z.;~,~ are deleted, words underlined are added.
61
.......... ~3~_0 .......... ON NOZ :NOISI*,-m~
Words str'..':.'.. :~rc"g~ are deleted, words underlined are added.
62
I I,
/
/
..........
Words ......... rc=~,,, are deleted, words underlined are added.
63
DEC ! 3 2?.:00
Words ;*.,-'--'ck :~rc.;;gL are deleted, words underlined are added.
.......... b~ ZO ......... C'N~NOZ :NOS~/'.]W iS",'-
Words .......... ~,, are deleled, words underlined are added.
65
Words ..........rcgg., are deleted, words underlined are added.
1.1.1
Words ......~' "- .....'~ are deleted, words underlined are added.
67
Ifil[ I
Words ........... e.. are deleted, words underlined are added.
68
.......... ;dEN_O ......... ON NOZ :NCISiA,~E* ~S~'3
Words :'..-;:c~ :~;c..':g~ are deleted, words underlined are added.
69
j i
Words ztruc;: :~rc,::gS are deleted, words underlined are added.
70
..........
9~<NSZ :NOSV',2~
Words :,[.-;::~ :.hz~,ug,.~. are deleted, words underlined axe added.
71
Words :.:r',:;'.: :hrc;:;h are deleted, words underlined are added.
72
8ldiO ......... 9N 'qC'2' :r',~OISlt,_s~
Words .;'.z..;c.k :~rc.-'-'~ are deleted, words underlined are add~d.
73
[~ o: ':
Words ...........~,. are deleted, words underlined are added.
74
Words .............e.. are deleted, words underlined are added.
'75
EXHIBIT "B"
(APPENDIX "B")
Words .s',r-.;cl: :~r.s."-Z.~ are deleted, words underlined are added.
76
IRemove this Drawing from LDCB-4
COLLIER COUNTY LAND DEVELOPMENT CODE
LDCB:4
Words ............~.. are deleted, words underlined are added.
77
Replace LDCB-4 with this drawing.
Words ...... ~ "' .....~'
............ ~,, are deleted, words underlined are added.
78
Remove this Drawing from LDCB-5
APPENDIX B---TYPICAL 8TRE~-'T SP-CTION8
t
t
Words ;::'a:]~ :~::=g~ arc deleled, words underlined are added.
79
IReplace LDCB-5 with this drawing.
Words ............~.. are deleted, words underlined are added.
80
e~
z
,.,/
I-
o
0
.-qupp No. 8
Remove this Drawing from LDCB-6
COLLIER COUNTY LAND DEVELOPI¢I. EI~'T CODE
LDCB:6
Words a:r'.:ck :krsagh are deleted, words underlined are added,
81
Replace LDCB-6 with this drawing.
Words g:r'.:c':. :hrc:gh are deleted, words underlined are added.
82
D[C ! 3 2~0
JRemove this Drawing from LDCB-7
APPENDIX B--TYPICAL STREET SECTIONS
Supp. No
LDCB:7
Words a:r"ck :,~.:c"gh are deleted, words underlined are added.
83
IReplace LDCB-7 with this drawing.
Words ............ ~,, are deleted, words underlined are added.
DEC I 3 2000
IRemove this Drawing from LDCB-8
COLLIIIR COUNTY LAND DEVELOPMENT CODE
tat
95-58, § 3, 11-1~95)
No. 8
LDCI~:8
...... ~, .L .....~ deleted, words unlierlin~d are added.
Words ........... t,., are
85
Replace LDCB-8 with this drawing,
Words ......th, v,~.. are deleted, words underlined are added.
86