Ordinance 2000-092ORDINANCE NO. 2000- 92
AN ORDINANCE AMENDING ORDINANCE NUMBER
91-102, AS AMENDED, THE COLLIER COUNTY LAND
DEVEI.OPMENT CODE, WHICtt 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 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£FELEVISION 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;
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 SEVE~,
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 times in each calendar year pursuant to
Section 1.19.1., LDC; and
WHEREAS, this is the second amendment to the LDC, Ordinance 91-102, for the calendar year
2000; and
Words 'ztr',:ck through are deleted, words underlined are added.
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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 heatings 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 seq., Fla. Stat., the Florida Local Government
Comprehensive Planning and Land Development Regulations Act (hereinafter the "Act"), is required to prepare
and adopt a Comprehensive Plan.
2. After adoption of the Comprehensive Plan, the Act and in particular Sec. 163-3202(1). Fla.
Stat., mandates that Collier County adopt land development regulations that are consistent with and implement
the adopted comprehensive plan.
3. Sec. 163.3201, Fla. Stat., provides that it is the intent of the Act that the adoption and
enforcement by Collier County of land development regulations for the total unincorporated area shall be based
on; be related to, and be a means of implementation for, the adopted Comprehensive Plan as required by the
Act.
4. Sec. 163.3194(1)(b), Fla. Stat., requires that all land development regulations enacted or
amended by Collier County be consistent with the adopted Comprehensive Plan, or element or portion thereof,
and any land development regulations existing at the time of adoption which are not consistent with the adopted
Comprehensive Plan, or element or portion thereof, shall be amended so as to be consistent.
5. Sec. 163.3202(3), Fla. Stat., states that the Act shall be construed to encourage the use of
innovative land development regulations.
6. On January 10, 1989, Collier County adopted the Collier County Growth Management Plan
(hereinafter the "Growth Management Plan" or "GMP") as its Comprehensive Plan pursuant to the requirements
of Sec. 1634.3161 et seq. Fla. Stat., and Rule 9J-5, F.A.C.
7. Sec. 163.3194(1)(a), Fla. Stat., mandates that after a Comprehensive Plan, or element or
portion thereof, has been adopted in conformity with the Act, all development undertaken by, and all actions
taken in regard to development orders by, governmental agencies in regard to land covered by such
Comprehensive Plan or element or portion thereof shall be consistent with such Comprehensive Plan or element
or portion thereof.
8. Pursuant to Sec. 163.3194(3)(a), Fla. Stat., a development order or land development
regulation shall be consistent with the Comprehensive Plan if the land uses, densities or intensities, in the
Comprehensive Plan and if it meets all other criteria enumerated by the local government.
9. Section 163.3194(3)(b). Fla. Stat., requires that a development approved or undertaken by a
local government shall be consistent with the Comprehensive Plan if the land uses, densities or intensities,
Words struck thre.".gh are deleted, words underlined are added.
2
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 land,
water and resources, consistent with the public interest; overcome present handicaps; and deal effectively with
future problems that may result from the use and development of land within the total unincorporated are of
Collier County and it is intended that this Land Development Code preserve, promote, protect, and improve the
public health, safety, comfort, good order, appearance, convenience, and general welfare of Collier County;
prevent the overcrowding of land and avoid the undue concentration of population; facilitate the adequate and
efficient provision of transportation, water, sewerage schools, parks, recreational facilities, housing, and other
requirements and services, conserve, develop, utilize, and protect natural resources within the jurisdiction of
Collier County; and protect 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
125, Fla. Stat., and Chapter 163, Fla. Stat., and through these amendments to the Code.
SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT
CODE
SUBSECTION 3.A.
AMENDMENTS TO ZONING DISTRICTS, PERMITTED
CONDITIONAL USES, DIMENSIONAL STANDARD DIVISION
USES
Division 2.2., Zoning Districts, Permitted Uses, Conditional Uses, Dimensional Standards, of
Ordinance 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as
follows:
DIVISION 2.2.
Sec. 2.2.2.
2.2.2.3.
ZONING DISTRICTS, PERMITTED
DIMENSIONAL STANDARDS
USES, CONDITIONAL USES,
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.
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. T..o. ur operations, such as, but not
limited to airboats, swamp buggies, horses and similar modes of
transportation, shall be subject to the following criteria:
(1)
Permits or letters of exemption from the US Army Corps of
Engine.ers, 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.
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(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.
(4) 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 o.f vehicles, and
the passenger capacity of any vehicle shall be determined by the
Board of Zoning Appeals during the conditional use process.
(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 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
en. vironment, and no adequate corrective action has been taken
by the petitioner, the Board of Zoning Appeals may rescind the
conditional use.
Sec. 2.2.10
2.2.10.1
2.2.10.2.
2.2.10.2.1
Mobile home district (MH).
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.
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.
Modular built homes.
3g. 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 designating specific areas for RV spaces.
Words .......~. ,h ......~ are deleted, words underlined are added.
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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.
Sec. 2.2.28.
2.2.28.3.
lmmokalee Overlay Districts.
State Road 29 Commercial Overlay Subdistrict: Special conditions for the
properties abutting SR-29, as identified ~ 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.
Map 2
S.R. 29 COMMERCIAL OVERLAY SUBDISTRICT (SR2gCOSD!
2.2.28.3.3.
Development criteria. The following standards shall apply to all uses in this
overlay sub-district.
2.2.28.3.3.1.
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.
2.2.28.3.3.2. 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.
2.2.28.3.4.Shared parking arrangements between adjoining developments shall be
encouraged.
2.2.28.3.5. Deceleration and acceleration lanes shall be provided.
2.2.28.3.6.
Pedestrian traffic shall be encouraged by providing sidewalks. The location of
these sidewalks shall be coordinated with adjacent projects.
2.2.28.3.7.
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
feet shall provide a ten-foot Type A landscape buffer as described in section 2.4
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2.2.28.3.9.
2.2.28.3.10.
2.2.28.3.~.1~
2.2.28.4.
between vehicular rights-of-way with required sidewalks and adjacent residential
development. Adjacent commercial projects shall provide coordinated landscape
plans.
Projects with a total building 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.
Projects with a total building square footage 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.
Map 3
JEFFERSON AVENUE COMMERCIAL OVERLAY SUBDISTRICT (JACOSD)
2.2.28.4.3.
2.2.28.4.3.1.
2.2.28.4.3.2.
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 conditions peculiar to the property, a literal enforcement of these standards
would result in unnecessary and undue hardship.
Words struck through are deleted, words underlined are added.
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2.2.28.4.4.
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 ~'"'~ ~' ...... :~ on Jefferson Avenue
2.2.28.4.4.1.Projects with a total building square footage exceeding 5,000 square feet shall
provide landscape buffering in accordance with Section 2.4.5 of this Code.
2.2.28.8
Main Street Overlay Subdistrict:
Main Street Overlay Subdistrict: special conditions for the properties identified in
the Immokalee Area Master Plan; referenced on Map 7; and further identified by
the designation "MSOSD" on the applicable official Collier County Zoning Atlas
Maps.
Map 7
MAIN STREET OVERt. AY SUBDISTRICT
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:
Communication Towers, as defined in section 2.6.35 of this code, are
prohibited except as an accessory or stand alone essential service use.
Such towers are a permitted use up to a height of 75 feet above grade,
inclusive of antennas. Such towers that exceed such height shall require
site specific conditional use approval.
40.11.. 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.
Words .......*" ....."
...... ~,.. arc deleted, words underlined arc added.
7
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.
2.2.28.8.12
2.2.28.8.13
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:
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.
Reflective or darkly tinted glass is prohibited on ground floor windows.
Properties with less than 50 feet of road frontage shall only require a
minimum of one roof change.
Commercial projects 5,000 square feet in size or less shall only require a
minimum of two design features, as described within section 2.8.4.4.6 of
this code.
To encourage redevelopment within the Main Street Overlay Subdistrict, for
proposed redevelopment of existing projects that do not increase 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 provisions, requiring the seal of a landscape
architect and shall also be exempt from division 2.8., Architectural and Site
Design Standards and Guidelines for Commercial Buildings and Projects,
requiring the seal of an architect.
The minimum commercial design criteria, as set forth above, are shall not b_.9.e
applicable to projects with a total building square footage of less than or
equal to gveafer-tha~ 5,000 square feet 'm-size.
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 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 fc~ _foot i~
height 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 am:.~: ."m '
.... m,.. per:meter
buffer ~.c q c~,: .... :'~' with a single row hedge ..,:,h and trees
spaced no more than 30 feet on center, _. os.~u ~. ...... :~ ~,,,. ,m
~ 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~ 6,ac-h per
lot/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
Words struck threug~ are deleted, words underlined are added.
8
planters and/or flower boxes for each such property, as
recommended by the county landscape architect or county
planning director; and
Section 2.2.33.
Ba,yshore Drive Mixed Use Overlay District.
2.2.33
Bayshore Drive Mixed Use Overlay District: special conditions for the properties
adiacent to Bayshore Drive as referenced on BMUD 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
Applicability. These regulations shall apply to the Bayshore Drive Mixed Use
Overlay District as identified on BMUD 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 .......through are deleted, words underlined are added.
9
BAYSHORE
MIXED USE
DRIVE
OVERLAY DISTRICT
I
2.2.33.3
2.2.33.4
BMUD Map 1
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 five subdistricts identified within the Bayshore Mixed Use
District: Neighborhood Commercial; Waterfront; Residential One; Residential
Two; and Residential Neighborhood Commercial. The boundaries of these
subdistricts are identified on BMUD 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
Words str'.-'ck t~roug~ are deleted, words underlined are added.
I0
extending to the end of the overlay boundary, a mixed-use d.evelopment is
permissible and may include all of the uses specified in the corresponding
neighborhood commercial and residen..tial 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 0.n BMUD Map 1,. the Bayshore Drive
Mixed Use Overlay District, the following uses are permitted as of right in this
subdistrict:
Do
Go
fo
Wo
yo
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 shop.s. (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 (~roups
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 ca. triers, ,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 and 7631).
Miscellaneous retail services (5912, 5932 -5949, 5992-5999).
Museums and art 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 (~roups
6211-6289)
Shoe repair shops and shoeshine parlors (7251).
United States Postal Service (4311 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 uses 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
Words str::ck t~m-"-g~ are deleted, words underlined are added.
II
additional uses, shall be prohibited in the Bayshore Drive Mixed Use Overlay
District:
bo
Gasoline service stations (5541).
Outdoor storage or merchandising unless specifically permitted by other
provisions of this BMUD.
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 (75,32-7539,7549)
Boat dealers (5551)
Carwashes.(7542)
Agricultural services (0711-0783)
Kennels and veterinary services.(0752,0279,7948)
Building materia.! s.ale.s. (5211)
Warehousing(4225)
Communication towers
Bars, lounges, bottle clubs (5921,5813).
Convenience stores. (5411)
Sexually oriented businesses. (as defined in Ordinance 91-83).
Laundr9mats.(7215)
Tattoo parlors.(7299)
Labor pools.(7363)
Homeless shelters or soup kitchens (8322 and 8361)
Commercial parking lots (7521) shall .n.o..t be permitted on parcels that
have water access
Pawn Shops. (5932)
Title Loans. (6541)
Self and mini storage units. (4225-4226)
2.2.33.8. Accessory uses.
2.2.33.9.
Uses av.d structures that are accessory and incidental to the permitted uses
allowed within in this subdistrict are allowed unless otherwise prohibited
in this subdistrict.
2. Properties immediately adiacent to Haldeman Creek may engage in boat
rental operations.
3. Lots adjacent to the Neighborhood Commercial (NC) and Waterfront
District (W) subdistricts, as. indicated on BMUD Map #1, may construct a
dock provided the lots are under the same ownership and have been
approved by the planning services department director. a site development
plan shall be submitted to the planning services department director.
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)
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 pro_iect
site and must be architecturally integrated within the proiect site.
Outdoor display and sale of merchandise, within front yards on improved
properties, are permitted subiect to the following provisions:
Words str',:ck thru, ugh are deleted, words underlined are added.
12
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.
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.
3. Fire protection measures.
4. Limited hours of operation from dawn until dusk.
5. Merchandise must be displayed in a vendor cart that
complements the architectural style of the building that it is
accessory to.
6. 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.
o
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 adjacent
exiting structures.
Side yards -Fiv.e. (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 fa..cilitie.s., 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 corner
as depicted on BMUD 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.
2.2.33.11.2
Maximum Density. For the. residential component- 12 units per acre as required by
the future land use element of 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.
Words struck t~rzugh are deleted, words underlined are added.
13
The 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
occupie.d 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.
BMUD Figure 1- Plan of a typical comer lot development
2.2.33.12 Parking Standards
Three spaces per 1000 square feet of floor area open to the general public
for commercial use
Minimum one (1) parking space for each residential unit.
Outdoor cafE 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 excluding Bayshore Drive requires an
agreement with the County to use the public right of way for parking.
Angie. or parallel parking (as depicted on BMUD 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.
Lots adjacent to the Neighborhood Commercial (NC) and Waterfront
District (W) subdistricts, as indicated on BMUD Map #!, may be used for
off-site parking provided the lots are under the same ownership, meet the
standards of subsection 2.3.4.1.2.c.2. of this code and have been approved
by the planning services department director. a site development plan shall
be submitted to the planning services department director.
Words struck t~r,~ug~ are deleted, words underlined are added.
14
BMUD Figure 2 - Typical on-street parking on local streets
10.
On-street parking on Bayshore Drive shall be made available to the
p.roperty owner on a first come first serve basis at the time of site
development plan (SDP) or. sit..e. improvement plan (SIP) approval
provided the park. ing does not interfere with the on-street bike lanes and is
located within the block in which the block that the property it serves 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.
The off-site parking requirements of section 2.3.4.11 of the code shall
apply except for the requirements of subsection 2.3.4.11 (4) (g).
Vehicular egr.ess 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 subsection 2.3.4.11 of the code.
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 req.uired by division 2.4 of this code unless specified otherwise
below:
Words girt:ok t~rzt:gh are deleted, words underlined are added.
15
2.2.33.13.1.
Special buffer requirements for development areas contiguous to residentially
~oned 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 requiretnents 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 required.
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.
2.2.33.13.4
Rear Landscaping Requirements for neighborhood Commercial and Waterfront
Districts adiacent 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
.a. pproved by the planning services director.
2.2.33.13.5
Landscape 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.
2.2.33.13.6.
Landscape screening Of mechanical equipment. 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
residentiall¥ 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.
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:
2. All buildings adjacent to Bayshore Drive will have the principal pedestrian
entrance fronting Bayshore Drive
3. Thirty-five percent of the building faqade that faces 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
2.2.33.16 Signs. As required by Division 2.5 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 sign
does not exceed 20 percent of the total square footage of the visual faqade
Words struck t~ret:g~ are deleted, words underlined are added.
16
o
of the building to which the sign will be attached and shall not exceed 65
square feet in area in area.
In addition, hanging or projection signs are permitted provided such signs
do not exceed 6 square feet, and shall not pro_iect more than 4 feet from the
building on which the sign will be attached. The 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 additional sign to be
placed on the facade which faces the waterfront provided it meets all of
the above requirements.
Corner buildings or corner 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
Water[ront subdistrict - The purpose of this subdistrict 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.
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 a 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.)
2.2.33.20
Special
Do
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
do
2.2.33.21
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.
Height of structures may be increased to a maximum height of fifty (50)
feet by the board of zoning appeals (BZA) upon approval of a variance
petition. The BZA, in addition to the findings in section 2.7.5, shall
consider the following: will a literal interpretation of the provisions of this
zoning code impose a financial hardship on the applicant.
Parking
1. Parking requirements are the same as those set forth in the Neighborhood
Commercial subdistrict.
2. Marinas- one parking space per five dry boat storage spaces.
Words struck t~re, ugk are deleted, words underlined are added.
17
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 1 (R1). The purpose of this subdistrict 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
2.2.33.22.2 Uses accessory to permitted uses.
1. Uses and structures that are accessory to and incidental to
permitted as of right..
2. Private docks and boathouses subject to section 2.6.21 and 2.6.22.
the
uses
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
R-1 Yard requirements. The following yard requirements shall apply and are in
relation to the platted property boundaries.
Fror, t Yard At*Min. Side Yard Min. Rear Yard
7-1/2 feet unless
One (Single) Family10 feet abutting commercial15 feet
Dwelling Units 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 Uni[s 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 buiMing eave)
1. Principal structures. Three habitable floors or a measure of 40 feet.
Words struck tSre'--'g~ are deleted, words underlined are added.
18
Accessory 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 parkjn. g js one .spa, ce per dwelling unit.
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
BuiMing placement and design. Buildings and their elements shall adhere to the
following: (See BMUD figure 3):
Buildings shall be divided using articulation and/or modulation at least
every 80 feet. Faqade modulation is steppjn. g 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 and/or covered entries.
The primary residence shall be oriented to the street. Orientation is
achieved by the provision of a front fagade including an entry door that
faces the street.
On corner lots, both street facades of a building shall have complementary
details; in partiqu. lar, building materials and color, rooflines and shapes,
window proportions and spacing, and door placement.
All mechanical equipment must be screened with a three-foot high hedge
spaced three feet on center or an opaque fence or wall at any heigh.t to
completely screen the mechanical equipment.
Stem wall construction is required, no monolithic construction is allowed.
2.2.33.22.10 Elevation. Building.s shall adhere to the following elevation requirements:
The first habitable floor at the street fafade 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 faqade
area below the first floor must be treated with a solid fa~ade 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.
Front porches must cover a minimum of 40% of the horizontal length of
the front yard facade 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.
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.
Words stn:ck thrc-'-'gh are deleted, words underlined are added.
19
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
faqade of the primary residence.
No carports are permitted.
2.2.33.22.13
Accessory Units. An accessory unit is a separate structure located at the 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 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 eave, 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 acc.essory unit will count as one-
half a dwelling unit.
2.2.33.22.14 Density. Maximum 12 units per acre, or as consistent wjt.h the future land use
element growth management pl..an..
2.2.33.23
Residential Subdistrict 2 (R2). The purpose of this subdistrict is to encourage the
development of multifamily residences as transitional uses between commercial
and single-family development. The multifamily buildings shall be compatible
with the building patterns and fa~:ade articulation of traditional neighborhood
design. Development standards for the subdistrict are the same as those set forth
for the Residential Subdistrict 1, unless set forth below.
2.2.33.23.1
R-2 Yard requirements. The following yard requirements shall apply and are in
relation to the platted prope.rt¥ boundaries.
Front Yard At*Min. Side Yard Mi~,: .Rear Yard
One (Sinetie) Fami!¥25 feet 7.5 feet 15 feet
Dwelling Units
6 feet unless abutting
Two Family 25 feet single family unit,15 feet
Dwelling Units then 7.5 feet
6 .feet u. nless abutting
Townhouse 25 feet single family unit,15 feet
then 7.5 feet
Multiple Family 6 feet unless abutting
{Three or more.) 25 feet single family unit,15 feet
Dwelling Units then 7.5 feet
*Shall be 25 feet from the property line to the building fo9tprint.
Words ,gtr'--'ck t~roug~ are deleted, words underlined are added.
20
2.2.33.24
Residential Neighborhood Commercial Subdistrict (RNC). The purpose and
intent of this subdistrict is to allow limited home occupational businesses. Home
occupations as required .in section 2.6,20, shall apply unless specified otherwise
below. Development standards for the subdistrict are the same as those set forth
for the Residential Subdistrict 2, unless otherwise set forth belo. w.
2.2.33.24.1
The home occupation.s permitted include: accounting, auditing and bookkeeping,
services, barber shops, beauty s. al9ns, .engineer or architectural services, insura.nce
agents and brokers, legal services, real estate agents.
2.2.33.24.2
The home occupation shall be clearly incidental to and secondary_ to the use of the
dwelling for dwelling purposes and shall not change the character of the dwelling
unit. The following conditions shall be met:
1. The resident of the home shall be the owner and operator of the business.
The business shall not occupy more than 30% of the prim .ary residential
structure.
o
The business shall not employee more than two employees at any given
time. Parking requirements must be met that are consistent with the
parking requirements outlined in the Neighborhood Commercial
Subdistrict of this code.
Employees, customers or clients of the home occupation business are
permitted to travel to and from the residence.
2.2.33.25.
Effective date. This section, known as the Bayshore Mixed Use Overlay District
shall not become legally effective until the comprehensive pla.n amendment,
adapted December 12, 2000 as Ordinance Number 2000- 87, u. pon which this
section is based becomes legally effective..
BMUD Figure 3-Typical front elevation for residential development.
Words struck t~reug~ are deleted, words .underlined are added.
21
Sec. 2.2.34. Goodland Zoning Overlay (GZO) District
2.2.34. l
Purpose and intent: To create design guidelines and development standards that
will assure the orderly and appropriate development in the unincorporated are,
generally known as Goodland.. The Goodland Zoning Overlay District (GZO) i:;
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.
2.2.34.2
Geographic boundaries: The boundaries of the Goodland Zoning Overlay Districl
are delineated on Map I below.
~ANCO
GOODLAND
ZONING
COCONU !
OVERLAY BOUNDARY
GZO MAP 1
Words .......through are deleted, words underlined are added.
22
2.2.34.3
Applicability: These regulations apply to the above-described geographic area.
These regulations are intended to supplement the existing land development
regulations found in this code. In the event of a conflict between other provisions
of this Code and these regulations, these .regulations contained in this overlay
shall control.
2.2.34.4
2.2.34.4.1
2.2.34.4.2
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 spac. e.
Minimum lot requirements. As provided for in the Village Residential Zoning
District for each pe.rmitte.d, accessory, and conditional use except. for the
following:
Single family/Mobile Home:
Minimum Lot area: 4,275 square feet.
Minimum Lot width: 45 feet.
SUBSECTION 3.B. AMENDMENTS TO LANDSCAPING AND BUFFERING DIVISION
Division 2.4., Landscaping and Buffering, of Ordinance 91-102, as amended, the Collier County
Land Development Code, is hereby amended to read as follows:
DIVISION 2.4.
Sec. 2.4.4.
LANDSCAPING AND BUFFERING
Plant material standards and installation standards.
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.
the following species or seeds thereof shall not be
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)
In addition to the prohibitions outlined in section 2.4.4.11,
grown, offered for sale, or
Sec. 2.4.6. Minimum Landscaping requirements.
Words struck thr'.;'--'g!: are deleted, words underlined are added.
23
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. l 1. 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.
2.4.6.4.
Communication towers. An 8 foot high, 100% architecturally finis.hed 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 feet on center and a
3 foot high hedge planted 3 feet on center
(a)
If native vegetation is present within the parcel, a minimum 20 foot wide
buffer strip must be preserved and used toward meeting the tree and hedge
planting requirement.
If native vegetation is present, but not dense enough ,to meet the equivalent
of the tree and hedge requirements, it must be supplemented with
plantings to meet the tree and hedge requirements.
On sites where no native vegetation is present, a 15 foot wide landscape
buffer with minimum code size trees located 25 feet on center and a 3 foot
high hedge planted 3 feet on center must be planted.
At the discretion of the county landscape architect, some or all of these landscape
buffering requirements may be displaced to a right-of-way landscape buffer
located within the parcel when it better serves the public interest of screening 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.
Sec. 2.4.7.
Minimum landscape buffering and screening between uses.
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.
Words struck thraugh are deleted, words underlined are added.
24
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 minimum 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. Projects located within the Golden
Gate Neighborhood Center District shall be exempt from the right-of-way
requirement of a six-foot wall, fence, hedge, berm or com..bination thereof. These
projects shall provide a meandering Type D landscape buffer hedge. In addition,
a minimum of 50% of the 25 foot 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 adjacent to any prim. ary 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 2.4.4.2.2.4.4.4.
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 inches 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 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 re. quired landscape buffer s~a!! cens~,st of must contain
only existing native vegetation, grass, ground cover, or other landscape treatment.
Every effort should be made to preserye, retain and incorporate the existing native
vegetation in these areas.
SUBSECTION 3.C. 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:
Words struck thrm:g~ are deleted, words underlined are added.
25
DIVISION 2.5.
Sec. 2.5.5.
2.5.5.1.6.
SIGNS
Permitted signs.
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 1 O-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 or 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.
o
Logos without any verbal content and similar architectural features less
than l0 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 feet to any sign, then it should be considered an integral part of the sign
and shall be subject to the restrictions of this section.
SUBSECTION 3.D.
AMENDMENTS TO SUPPLEMENTAL DISTRICT REGULATIONS
DIVISION
Division 2.6., Supplemental District Regulations, of Ordinance 91-102, as amended, the Collier
County Land Development Code, is hereby amended to read as 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:
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.
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
required yard t~at which requirement was in effect as of the date on which
the certificate of occupancy or final development order was issued, not to
exceed a maximum of two feet.
Words :;truck '~' ....."are deleted, words underlined are added.
26
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.
2.6.11.2.5.
Fences.
Fences in residential districts. Fences or walls shall be allowed in all zoning
districts subject to the restrictions set forth in section[s] 2.6.1 i.2--2.6. l 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 corner 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 four feet in
height, with the exception that any portion of a front yard fence within the safe
sight triangle described in section 3.2.8.3.22. of this code is restricted to three 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 six feet in height.
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.
2.6.11.4.
Comtnercial and industrial districts. For the purposes of this section, commercial
and industrial districts shall include: C1/T, C-2, C-3, C-4 cc, mmercial district and
C-5 hea~ commercial districts; l~ 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. of this code. Unless otherwise provided, all commercial
and industrially designated 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.2.6.11 adjacent to an arterial/collector 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 plan.ting
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. This
regulation shall not apply to single family homes.
Words attack through are deleted, words underlined are added.
27
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
f q r.~;~;,~,~ i i g bid pi k p ~.n ,~., 11
o a~c uatz ......z *~ .., not recevn car s ec u ........ a
..... ~ ..... : ...... :"~ ~ .... ~olid waste disposal shall be required in the form
of curbside pickup for all other housing types.
2.6.15.3.
Minimum requirements and locational restrictions. In the case of multifamily
de el pments "';"' .... ~., c ....... ;, ..... ,~..~ .... that do not receive curbside
service pick up and choose to use dumpster service, at least one standard size bulk
container (dumpsteD 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 provided
they do not encroach into a required landscape area, and further provided
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.
In the case of multi-family developments that do not use curbside pickup
and that choose to use compactor service the following restrictions apply:
ii.
111.
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 homeowners' 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 bath .~ the Collier County Solid Waste Department. 'an~
Words str'--'ck thraugh are deleted, words underlined are added.
28
the wagte ha',:ler. 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.
ily '~; .....~ centa~ner~
In the case of multi-fam rental units k,,[v
'~ the owner may utilize a compactor instead of a dumpster at
any thne.
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.
Sec. 2.6.21.
Dock facilities.
2.6.21.1.2
2.6.21.2.
Non-residential dock facilities shall be subject to all the provisions of section
2.6.21. of the code, 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. of the code.
Dock facility 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 control.
2.6.33.8.
2.6.33.8.1.
2.6.33.8.2.
Permit required. N~ p ..........
t-,,.,[;,~,. ,.-, .... , ..... :..~,., r;.o, ~.~.,:~..-.[.,.....~.~ a .... ;* A permit shall be required
for the following activities taking place, in conjunction with commercial motion
picture, film, television, video or still photography production: the use of set
scenery, temporary structures,
-e, ......~ 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 zoaiag 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 effect
and certifying that Collier County be given 30 days' notice prior to the
expiration or cancellation of the policy.
Words .';truck tkr.';ugk are deleted, words underlined are added.
29
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
t4c--e~ser-license b-y from the applicable federal and/or state agencies, and
authorization from the local fire district permitting the event.
4. Locations, dates and hoursof filming scene to, be if:lined.
The following information is required by the planning services director,
unless waived:
ao
...... v ................. conceptual plan indicating the location of
film events and parking facilities provided.
6:. 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.
8:.
~ A description of any lighting facilities that would be
necessary and/or the need to disconnect any public lighting.
eo
~ A description of any use which may encroach into
environmentally sensitive areas.
lO. 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.
1,2. h.
~ An indication of any utilization of aircraft/fixed-wing,
helicopter, or balloons at the subject site(s).
List of county personnel or equipment requested, and an agreement to
pay for extraordinary services provided by Collier County.
14. L 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 -wi~oe-.m/~4c~ 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.
2.6.33.8.3.
ppli .......... ;~:,~
Insurance requirements. The a cant shall, ..o a v ....-~ ......................a
pemtitw, maintain in force at MI 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 ~ by the risk management director
~ ,~ ,:o~ ...........ah,~o:~- upon a review of the pa~icular circumstances
involved ~.n ~.~;.~ ~., ,~ ~ ....n ~e ....., ......:oo; ......Said applicant
............ :o:,~ ,~ ,~ :ssuance of a ....:' shall provide to the ~ planning
services director a ce~ificate of insurance evidencing that said insurance is in
existence and ce~ifying 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 prope~y will
be at the discretion of the affected property owner.
Words struck t.h.r.'mgh are deleted, words underlined are added.
30
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 L, oning 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 ~mm~g planning services director, the permit may be issued. If
the ~ 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 or-al-t-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 government
services. Based on the information contained in the permit application, an
estimate of these costs will be provided to the applicant prior to issuance of this
permit. The county may require prepayment of all or a portion of these estimated
costs prior to issuance of the permit. At the conclusion of the production, actual
costs below or in excess of the estimates will be refunded by the county or paid by
the applicant, respectively.
2.6.33.8.9.
Surety bond. A surety bond in the an amount to be determined by Collier County
and issued by a company authorized to issue bonds in Florida or cash payment in
lieu of the bond wi!! may be required by the planning services director a company
au ...................... to
provide for cleanup and/or restoration of the subject site(s).
Sec. 2.6.34.
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, .o..r his designee, may
grant the permit following review of an application for such permit. The
application shall be submitted on the form prescribed by Collier County together
with the applicable fee for the number of planned annual beach events as
indicated on the permit form and exhibits thereto.
Words struck t~reugb. are deleted, words underlined are added.
31
2.6.34.2.
For purposes of this section, a ".b. each event" shall mean and refer to any social,
recreational or entertainment event, wh. ether 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) 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-torday 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 County to be furnished with written notice of all beach events
scheduled for the following month, in t.h.e form and content made a part of the
annual beach events permit application. The notice shall indicate the date, time
and duration of each event.
2.6.34.3.2.
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.
2.6.34.3.3.
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
postponement. It is understood that weather conditions may cause last minute
cancellations, however the property owner shall make every effort to notify the
cou. nty staff a minimum of 4 hours prior to the scheduled event time. If such event
is rescheduled, notice 0f 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, a.nd Collier County has
been notified of such cancellation or pos. tponement, 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: During sea turtle nesting season (May 1st through
October 31 st of each year) the grant of a beach events permit 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 raking, 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.
Words sift:ok t~r.~t:g~ are deleted, words underlined are added.
32
2.6.34.5.3.
Use ofvehiclesis prohibited, except asmay be permittedin section 3.14.3. ofthis
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 County 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 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 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
approved as a conditional use for a stand alone essential service facility provided
the tower is to be owned by, or to 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. A
.......... a ..... in
.... gy
Any existing N_native vegetation on the site shall be preserved and used to meet
the minimum landscape requirements tc "' .....~' ....,;,.,~ .,v,~,,q i d
- ,-~, .......r .............as re ure
by subsections 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
Notwithstanding other provisions of Section 2.6.35, and irrespective of the
zoning classification(s) of the underlying fee at each respective tower site,
Words :;tr..:-.z'.t; thr.':ugh are deleted, words underlined are added.
33
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.
(2)
Each tower shall be constructed in accord with the standards and
requirements of Section 2.6.35 and other applicable sections of the LDC
code except as expressly provided otherwise in this Section.
(3)
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 (I/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.
(4) Access: Physical access to each tower site shall be as approved by FDOT.
(5)
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.
(6)
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.
(7)
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
(8)
Tower lighting: In addition to requirements for tower lights specified in
Section 2.6.35 of the LDC code, towers located in the Big Cypress
Words sift:ok thr.ough are deleted, words underlined are added.
34
(9)
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 Alligator 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)
(d)
No. 75 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 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 subiect to the tower sharing requirements of section 2.6.35 if
the tower is to exceed a height of one hundred and twenty (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
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 ~;'~ ~ .... ~ ......
~ 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 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
Words str'--'cv. t~r.~;ag,h, are deleled, words underlined are added.
35
o
clearing and excavation permits, site development plan approvals,
agricultural clearing permits, and blasting 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 ~-..;~-~;~ 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
~:~'~ '~ .... ~ ..... ' .... :~;;' planning services director for the erection, moving,
addition to, or alteration of any building o~ 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 o~ 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 ~^~ ~-~
cc .... ru ...... plans all required plans and drawings drawn to scale, showing
the actual shape and 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 o;'~ '~ .... ~ ..... '
~ planning ~ervices 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 o:'~ '~ .... ~ ..... ~ .... : ....
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 pertnit
issued in error. Building or land alteration perhilts or certificates of
occupancy issued on the basis of plans and specifications approved by the
~'~ ~ .... ~ ..... ~ v:~;v planning services director authorize only the use,
arrangement, and construction set forth in such approved plans and
applications, and no other use, arrangement, or construction. Building g_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 official statements. Approval of
the application by the o;~ ,~ ....~ ..........; ....pl
.......... v ..............anning 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.
Words struck tSrat:gS are deleted, words underlined are added.
36
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 propert), prohibited prior to issuance of buiMing or land
alteration permit. No site work, ramoval 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 alteration 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.
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.
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.
SUBSECTION 3.F.
AMENDMENTS TO ARCHITECTURAL AND SITE DESIGN
STANDARDS AND GUIDELINES FOR COMMERCIAL BUILDINGS
AND PROJECTS DIVISION
Words str::ck t~rzt:g~ are deleted, words underlined are added.
37
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:
DIVISION 2.8. 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, DRIs, business
park districts, an~ 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:
2.8.2.5.
Non-commercial development: Non-commercial use applications shall
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 the context and proposed use and demonstrate a well considered
design theme may request an administrative review of the 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 code development standards
required by this section which is/are being proposed to be addressed through the
alternative approach. Supplemental submittal and narrative descriptions must be
provided which supports the applicant's submission. 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 basis of the 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 Planning services staff for re-evaluation of
the request in the context of the amended design and plan.
SUBSECTION 3.G.
Division 3.2., Subdivisions, of Ordinance
Development Code, is hereby amended to read as follows:
DIVISION 3.2. SUBDIVISIONS
Sec. 3.2.7 Preliminary Subdivision plat.
AMENDMENTS TO SUBDIVISIONS DIVISION
91-102, as amended,
the Collier
County
Land
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
Words str~:ck t~r~ug~ are deleted, words underlined are added.
38
utilities. If not previously determined during the rezoning process, it shall be
determined whether the streets are to be public or private.
Sec. 3.2.8.
3.2.8.3.20
Improvement plans.
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
o
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 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 feet 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:
3.2.8.3.24.
Utility casings. Subdivisions or developments providing water services shall
install no less than ~ 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.
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
Words struck thro-'-'gh are deleted, words underlined are added.
39
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.
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.
SUBSECTION 3.1. AMENDMENTS TO EXPLOSIVES DIVISION
Division 3.4., Explosives, of Ordinance 9 l-102, as amended, the Collier County Land Development
Code, is hereby amended to read as follows:
DIVISION 3.4.
Sec. 3.4.5.
EXPLOSIVES
Permit application requirements and conditions.
3.4.5.1.10.
r~:o+ .... ~.~, ...... ,~.~ ~.~,:-.. ~,.~ ~n ., ~:~.~.~.1 ........ ,:~ Blasting
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.
Restrictions for the use and handling of explosives.
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
stmm:,aed to confine the gaseous products of detonation.
Words str'.:'ck t~mug~ are deleted, words underlined are added.
4O
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.
SUBSECTION 3.J. 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.
Maximum. Private and development excavations shall not exceed 44 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.
Sec. 3.5.8. Inspection and reporting requirements.
3.5.8.2.1.
Status reports. The permittee shall provide the de .... t- ....... ger'::.ces d~rectcr
community development and environmental services administrator, or his
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 e.r annua! status report shall consist of no less than the following
information, and such other information as may be deemed necessary by the
...... v ....................... 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:
ao
A sealed topographic survey prepared by the project's
surveyor/engineer, containing the following:
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
services director, cross sections shall be taken every 100 feet on
Words .struck tSr'.;ugb, are deleted, words underlined are added.
41
(2)
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.
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 computed 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. '~"-; ...... "*: ..... ;a,q
do
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 photoeraph with a scale of no less than one-inch
equals 200 feet.
(2) Depth of excavation soundings taken on a 300 foot grid.
(3) The property lines of the commercial excavation site as shown
on an aerial photo. graph.
(4).
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.(1).
Words struck througk are deleted, words underlined are added.
42
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. Review procedures.
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 ~
units 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,
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:
Words ~' ....~ ,k .....k
............. ~,. are deleled, words underlined are added.
43
DIVISION 3.11. ENDANGERED, THREATENED, OR LISTED SPECIES PROTECTION
Sec. 3.11.3. New and existing development
For new and existing development and construction pursuant to divisions 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 o~ 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 (dated May 1999, and as
amended) shall be adopted as the minimum guideline or standard to preserve or
improve the environmental conditions required for the protection and recovery of
the West Indian manatee (Trichechus manatus), Florida panther (Puma concolor
cor¥ih Audubon's crested caracara (Polybo.rus plancus auduboniiL Bald eagle
(Haliaeetus leucocephalus), Florida scrub iay (Aphelocoma coerulescens), Piping
plover (Charadrius melodus), Wood stork (M¥ceteria americana), Roseate tern
(Sterna dougalli dougalli), Red-cockaded woo.dpecker (Picoides borealis),
American crocodile (Crocod¥lus acutus), Eastern indigo snake (Drymarchon
corais couperi), Green sea turtle (Chelonia mydas), Kemp's ridley sea tuttle
(Lepidochel¥s. kempii), Leatherbac.k sea turt].e (Dermochel¥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
ere rotecte _. ,, -, or
Words str.,:ck thraugh are deleted, words underlined are added.
44
(2)
(3)
(4)
(5)
sec4iom. It is expressly prohibited to take, which means to harass, harm,
hunt, shoot, wound, kill, trap, capture, collect, or attempt to engage i.n any
such conduct any gopher tortoise and to alter, destroy or degrade the
functions and values of their natural habitat, unles. s otherwise provided for
in this section.
All gopher tortoise burrows are protected and it is prohibited to
intentionally destroy or mote~ take oae any such burrow by any means,
unless otherwise provided for in this section.
Provision is hereby made to allow personnel authorized by ~
c,,,,,=o Fish ~"'~ ,uu;[a];r,:, c .... :"~ Florida Fish and Wildlife Conservation
Commission 'and o.__cCollier County to house and relocate tortoises as
necessary and provided for in this section.
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 preserve 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. of this code.
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 cannot be .....:a~a
v .......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,
gross ......
Where scientific data has been presented to :- '~ ~-:-:~- ~v the
community development and environmental services administrator,
Words struck through are deleted, words underlined are added.
45
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.
Where appropriate, a combination of on-site preservation and off-site
relocation may be considered.
(9)
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 which has been
.r.equired to comply with subsection 3.11.3.4 (4). However, gopher
toavfises tortoises shall be protected pursuant to paragraphs l, anti 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.
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.
Sec. 3.14.3.
VEHICLE ON THE BEACH REGULATIONS
Exceptions; permit.
3.14.3.4
3.14.3.4.1.
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 approyed special event temporary use pe.rmit, 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 design. ee.
All permits issued are subject to the following conditions and limitations:
The use of vehicles shall be limited to set-up and removal of equipment for the
permitted function.
Words struck t~reug~ are deleted, words underlined are added.
46
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 ATVs, non-motorized
handcar[.s or dollies, and small utility wagons, which may be pulled behind the
ATVs.
3.14.3.4.4.
All vehicles shall be equipped with large pneumatic tires inflated to no more than
10 (PSI) pounds per square inch.
3.14.3.4.5.
Permits shall only be issued for ATVs when current planning section staff has
determined that: 1) due to the distance and the excessive weigh.t 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 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 con[unction with permanent concession
facilities: 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 b.¥ the planning service~ 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 ATVs, non-motorized
handcarts or dollies, and small utility wagons, which may be pulled behind the
ATVs.
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 larg.e pneumatic tires inflated to no more than
10 PSI.
3.14.3.5.4.
Permits shall only be issued for ATVs 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 weight and distance of equal to or greater than 200
fe.et, 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,, i.de.n. tified 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 persons 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
Words struck t~roug~ are deleted, words unde, rlined are added.
47
conjunction with tasks such as routine equipment set-up that cannot reasonably be
accomplished without the use of such vehicle due to size, weight and volurn.e,
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, s.ubject
to the following conditions and limitations:
3.14.3.6.1.
Use of the vehicle shall be limited to a one-time set up and a 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 .ATVs, non-motorized
handcarts or dollies.
3.14.3.6.4.
Permits shall only be issued for ATVs when one of the following criteria has been
mqt:
1)
2)
Evidence has been provided that there is a need to move equipment which,
due to the excessive weight and distance of equal to or greater than 200
feet, would be prohibitive in nature to move with push carts or dollies.
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.
3.14.3.6.5.
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.
SUBSECTION 3.0: 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
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: AMENDMENTS TO 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 rezone the sixteen park sites
to the "P" Public Use District.
SECTION FIVE: CONFLICT AND SEVERABILITY
Words struck t~rc, ugk are deleted, words underlined are added.
48
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 relcttered to
accomplish such, and the word "ordinance" may be changed to "section", "article", or any other
appropriate word.
SECTION SIX: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Department of State.
Florid.a, this
:..~'.' ATTEST: ??~."' ~'
'D'~iGI-iT"E'.' BROCK, ~"LERK , tt st as to
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,
day of _~~_~_, 2000.
77-- -'""' '
JAMES D. CARTER, Ph D., CHAIRMAN
signature oal$.
Approved As To Form And Legal Sufficiency
Marjorie: Student
Assistant County Attorney
H:\ LDC CYCLE 2 - 2000~LDC ORD CYCLE 2 - 2000
This ordinance filed with the
Secretary of S.~e'_s Office the
~-Tt~day of ~f.f/.~,~,
and acknowledgement of that
filin.¢~Le_ceived th iso]9~t.~ day
of 25Jt~
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49
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STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do hereby
certify that the foregoing is a true original of:
ORDINANCE NO. 2000-92
Which was adopted by the Board of County Commissioners on
the 12th day of December, 2000, during Special Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 19th day of
December, 2000.
DWIGHT E. BROCK
Clerk of Courts an~
Ex-officio to Board'
Commis s ione
By:
Ellie Hoffman,
Deputy Clerk