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Agenda 06/20/2001 S COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA Wednesday, June 20, 2001 5:05 p.m. NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (941) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. 1. PLEDGE OF ALLEGIANCE 2. AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH iNCLUDES THE 1 June 20, 2001 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 1, GENERAL PROVISIONS, DIVISION 1.8. NONCONFORMITIES; DIVISION 1.19. AMENDMENTS TO THIS CODE; ARTICLE 2, ZONING, DIVISION 2.2. ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES, DIMENSIONAL STANDARDS, DIVISION 2.3. OFF-STREET PARKING AND LOADING; DIVISION 2.4 LANDSCAPING AND BUFFERING, DIVISION 2.5. SIGNS; DIVISION 2.6. SUPPLEMENTAL DISTRICT REGULATIONS; DIVISION 2.7 ZONING ADMINISTRATION AND PROCEDURES; DIVISION 2.8. ARCHITECTURAL AND SITE DESIGN STANDARDS AND GUIDELINES FOR COMMERCIAL BUILDINGS AND PROJECTS; ARTICLE 3, DIVISION 3.2. SUBDIVISIONS; DIVISION 3.3. SITE DEVELOPMENT PLANS; DIVISION 3.5 EXCAVATION; DIVISION 3.8 ENVIRONMENTAL IMPACT STATEMENTS (ELS); DIVISION 3.9 VEGETATION REMOVAL, PROTECTION AND PRESERVATION; DIVISION 3.12 COASTAL ZONE MANAGEMENT; DIVISION 3.13. COASTAL CONSTRUCTION SETBACK LINE VARIANCE; DIVISION 3.14. VEHICLE ON THE BEACH REGULATIONS; ARTICLE 5, DIVISION 5.1 BOARD OF COUNTY COMMISSIONERS; DIVISION 5.2 PLANNING COMMISSION; DIVISION 5.3 BOARD OF ZONING APPEALS; AND TO ADD DIVISION 5.5 HEARING EXAMINER; DIVISION 5.13 ENVIRONMENTAL ADVISORY COUNCIL; ARTICLE 6, DIVISION 6.3. DEFINITIONS, INCLUDING, BUT NOT LIMITED TO THE DEFINITIONS OF DESTINATION RESORT HOTELS, PARTICIPANT, PSI (POUNDS PER SQUARE INCH), RIGHT-OF-WAY, STRUCTURE, UNAUTHORIZED COMMUNICATION AND YARDS; ADDING APPENDIX G STANDARD BEACH EVENT PERMIT CONDITIONS; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATES. 3. ADJOURN 2 June 20, 2001 EXECUTIVE SUMMARY,,. AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS: SECTION TWO, FINDINGS OF FACT: SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: ARTICLE 1, GENERAL PROVISIONS, DIVISION 1.8. NONCONFORMITIES; DIVISION 1.19. AMENDMENTS TO THIS CODE; ARTICLE 2, ZONING, DIVISION 2.2. ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES, DIMENSIONAL STANDARDS, DIVISION 2.3. OFF-STREET PARKING AND LOADING; DIVISISON 2.4 LANDSCAPING AND BUFFERING, DIVISION 2.5. SIGNS; DIVISION 2.6. SUPPLEMENTAL DISTRICT REGULATIONS; DIVISION 2.7. ZONING ADMINISTRATION AND PROCEDURES; DIVISION 2.8. ARCHITECTURAL AND SITE DESIGN STANDARDS AND GUIDELINES FOR COMMERCIAL BUILDINGS AND PROJECTS; ARTICLE 3, DIVISION 3.2. SUBDIVISIONS; DIVISION 3.3. SITE DEVELOPMENT PLANS; DIVISION 3.5 EXCAVATION; DIVISION 3.9 VEGETATION REMOVAL, PROTECTION AND PRESERVATION; DIVISION 3.13. COASTAL CONSTRUCTION SETBACK LINE VARIANCE; DIVISION 3.14. VEHICLE ON THE BEACH REGULATIONS; ARTICLE 5, DIVISION 5.1 BOARD OF COUNTY COMMISSIONERS; DIVISION 5.2 PLANNING COMMISSION; DIVISION 5.3 BOARD OF ZONING APPEALS; AND TO ADD DIVISION 5.5 HEARING EXAMINER; ARTICLE 6, DIVISION 6.3. DEFINITIONS, INCLUDING, BUT NOT LIMITED TO THE DEFINITIONS OF PARTICIPANT, PSI (POUNDS PER SQUARE INCH), RIGHT-OF-WAY, STRUCTURE, UNAUTHORIZED COMMUNICATION AND YARDS; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATES. OBJECTIVE: To amend provisions of the Collier County Land Development Code. CONSIDERATION: This is the second of two public hearings required by Statute for amending the Collier County Land Development Code. Each of the amendments was presented to, and reviewed by, the Department Services Advisory Committee, Collier County Planning Commission, the Environmental Policy and Technical Advisory Board and the Environmental Advisory Council where applicable. Recommendations are included in the summary description of the LDC amendments where an advisory body advocated revisions to the staff recommended changes. The Planning Commission held public hearings on May 16, 2001 and May 30, 2001. AGENDAITEM No.__ -- JUN 0 2001 Pg. A summary of the review of these amendments by the Development Services Committee, Environmental Advisory Council and the Collier County Planning Commission is provided with this Executive Summary. FISCAL IMPACT: None GROWTH MANAGEMENT IMPACT: All proposed amendments to the Land Development Code are consistent with Policies, Objectives and Elements of the GMP. STAFF RECOMMENDATION: That the Board of County Commissioners approve amendments to the Land Development Code except as otherwise modified at this final public hearing all which are described in the draft Ordinance of Adoption included with this executive summary. PREPARED BY MURRAY, AICP ACTING CURRENT PLANNING MANAGER REVIEWED BY: THOMAS E. KUCK, PE ACTING PLANNING SERVICES DEPARTMENT DIRECTOR APPROVED BY: . JO~',~ M. DUNNU~I~ III IN,RIM ADMINISTRATOR COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE DATE H:/LDC Cycle I - 2001FEXECUTIVE SUMMARY-2001-Cyclel- 2nd hearing 06-20-01.DOC AGENDA ITEM NO. · JUN 2 0 2:001 <~ AGE CDA ITEM NO._ ,.. JUN 2 0 ZOO1 pg. AGENI A ITEM No' _ JUN p~. . ' ) ITEM - u~ ~ o zoo1 AGENDA ITEM NO. - '~ JUN 2 0 ?0 I1 ~ ~. /,0 : ~_~ ~ · ~ · .. ~.. ~.~ .~'~ ..=~ ~ ~ ~ ~.~.~ ='~'~-'=~ ~ ~ ~p~ ~'~'~ o ~ · ~E ~ E o , ~ 0 0 0 0 0 Z Z Z Z ~ AGENDAITEM No. JUN 2 O-2001 ~.. //' I I JUN ~ 0 200~ ORIGIN: Community Development & Environmental Services Division AUTHOR: Ronald F. Nino,AICP, Planner DEPARTMENT: Planning Services LDC PAGE: LDC2:34 LDC SECTION: 2.2.8.4.8. Floor area ratio. CHANGE: To amend Section 2.2.8.4.5 to revise the FAR'S for hotels in the Residential Tourist district having the effect of reducing the intensity of use by a reduction in the FAR from 0.6 and 0.8 respectively to 0.5 and 0.7 respectively for travelers and destination resort hotels. REASON: On June 16, 2000 the method of calculating the intensity of use for hotels was revised from a requirement of 26 units per acre to an intensity method of measurement titled a "floor area ratio" (FAR) which produces the total amount of floor area for all of the floors of a building or the total volume of space that can be developed on a particular parcel of land. The number of rental rooms then becomes a function of the design and size of the rooms. This is typically the way building space is regulated for commercial structures. There was no technically based reason for the former 26 unit per acre intensity control for hotels except that at one time someone thought it was an appropriate regulation for hotels. Staff took exception to this method of regulating the intensity of use because it made no distinction between unit sizes and thus could produce volumes of space markedly different from one another while still having 26 units per acre. Additionally, staff did not appreciate the significance of a regulation in terms of units when discussing a commercial land use. Typically units are used in a residential context and there is no distinction between a one or three bedroom unit. Hotels are for all practical purposes a building housing bedrooms and it does not appear to justify a comparison of units per acre as in the residential context. For example, at 16 units per acre given 3 bedroom units would produce 48 bedrooms per acre aside from any impacts associated with other residential space(i.e. kitchens,etc.) would produce a far greater intensity of use than the former 26 unit or bedrooms per acre allowed hotels. When staff determined the appropriate FAR factors we surveyed the FAR'S of a number of the most recent hotels including two in the City of Naples. Those in the County developed under the 26 units per acre had FAR'S of 0.5 or less. Two hotels in the City of Naples had FAR'S of 0.77 and 0.71 but also produced greater than 26 units per acre. Staff believed that the FAR'S being recommended and subsequently adopted would produce the ability to do more than 26 units per acre but not appreciably more than 26 units per acre for a conventional hotel type of design which we felt was reasonable given the comparison described with conventional residential development in the RT district. If there is a justifiable concern that the most recent changes were unwarranted then the reduction to FAR'S here recommended would make the FAR more comparative to the former 26 unit per acre regulation. Staff further wishes to emphasize that the FAR intensity measurement technique is most technically supportable method for regulating the intensity of commercial land uses. Specifically we found the following FAR'S for the most recent hotel construction: ^a~no^ ~TEM ,JUN 2 0 2001 ,,,,. /,5'" 1.Hawthorne Suites--FAR 0.47 25.78 units per acre 2.Double Tree ......... FAR 0.506 25.56 units per acre 3.Ramada(Pine Ridge)FAR 0.334 25 units per acre 4.Best Western ........ FAR 0.524 26 units per acre. In City of Naples 1.Hilton Towers ......FAR 0.77 47.8 units per acre 2.Staybridge Suites---FAR 0.71 45.7 units per acre FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None 2.2.8.4.8 Floor area ratio. The maximum floor area ratio for hotels, motels and timeshare facilities shall not exceed a factor of 0.~0 0.50 except for destination resort hotels as defined in Article 6.3 where a floor area ratio of IXS0 0.70 is permitted, except that in no case shall the application of a floor area ratio exceed twenty-six (26) units per acre as defined for that particular floor area ratio application. Further any project whicl: received approval at a public hearing prior to July 1, 2000 shall not be deemed to bc non-conforming as a result of inconsistency with any floor area ratio limitations. AGENDA ITEM No..,. JUN 0 2001 ORIGIN: Community Development & Environmental Services AUTHOR: Ronald F. Nino, AICP DEPARTMENT: Planning Services LDC PAGE: LDC6:17 LDC SECTION: Division 6.3 Definitions CHANGE: To revise the definition of ' Destination Resort Hotel' to more clearly define the conditions prerequisite to qualification. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None REASON: A Destination Resort Hotel enjoys a more favorable intensity rating than does a Travelers Hotel. To justify the higher intensity rating it is essential that there be in fact distinguishable differences between the two so that the advantages of the higher intensity application do not apply to the more traditional Travelers Hotel. Such a clarification particularly as it applies to land within the RT Resort Tourist district would eliminate the potential for utilizing a higher intensity rating where the hotel does not truly function as a Destination Resort Hotel. Destination Resort Hotels are hotels where the duration of stay is typically longer than that of a Travelers hotel because certain amenities and services are provided that encourages a vacation stay of several or longer days per stay. The current definition has proven inadequate and its correction is needed to prevent design intensity in terms of bedrooms higher than was expected. This can be achieved by requiring a relationship between amenity and service area space, to accommodation unit space, and to defining the elements of that amenity and service area space. "' AGENDA ITEM~ Amend the LDC as follows: JUN 2 0 2001 6.3 Definitions Destination Resort Hotel · means a transient lodging facility where patrons generally stay for several days in order to utilize, enjoy, or otherwise participate in certain amenities, natural or made .... ~ ~ frontage and cf ~ hich ~ ..... ho p~mm-ily .... in ......~ ~ c.~e~..ise ~ .... ;~ ~,,o: ....... :";*" including but not limited to: (i) direct access to the Gulf of Mexico, (ii) on-site golf course and golf-related hcilities, (iii) he~th sp.a an~or fitness center, (iv) other recreational amenities and on-site se~ices, including full dining se~ices and cocktail lounge, ente~ainment rooms for v~deo and movies, and concierge services. Except that, for Destination Reso~ Hotels fronting on the Gulf of Mexico, an on-site golf course is not required. In all cases, a Destination Reso~ Hotel must include full dining services and a cocktail lounge, and not less than twenty-five(25) percent of the gross floor area must be devoted to common usage and support service areas, such as but not li~ted to fitness room, health spa, media room, meeting rooms, dining and lounge hcilities,and spaces in suppo~ of hotel functions. ORIGIN: Community Development and Environmental Services Division AUTHOR: Susan Murray, AICP LDC Page: LDC2:34 LDC SECTION: Section 2.2.8.4.5, 2.2.8.4.7.2. & 2.2.8.4.8. CHANGE: The purpose for this amendment is to revise the method of determining intensity of use for hotels in the RT zoning district from Floor Area Ratio to units per acre. REASON: Prior to June of 2000 the method of determining the intensity of use of hotels in the RT district had been units per acre. This amendment will restore that method to the units per acre method. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None Sec. 2.2.8.4.5. Maximum density permitted. A maximum of twenty-six (26) units per acre for hotels and motels, and sixteen (16) units per acre for multifamily uses when located within an activity center or if the RT zoning was in existence at the time of adoption of this Code. (paragraph continues). Sec. 2.2.8.4. 7. 2. 3C~ ....... ~'~" Jrt;- :.: ,,,,.,. *,^,-~ ,---.~ --,-^'-~" Three hundred ((300) square foot minimum with a five hundred (500) square foot maxim-m for hotels and motels, except that twenty percent (20%) of the total units may be utilized for suites. Sec 22848 fa 11;*;~o hall.,ot C ....... S 6.3 "'*'~'~ a ..... AGENDA ITEM NO. -- JUN 2 0 2001 ORIGIN: AUTHOR: DEPARTMENT: LDC PAGE: LDC SECTION: Community Development and Environmental Services Ronald F. Nino, AICP, Current Planning Manager Planning Services LDC 2.34 2.2.8.4.8 and 6.3 FAR for Residential Hotels. CHANGE: To amend 2.2.8.4.8 to provide a Floor Area Ratio for a Residential Hotel and to define the term Residential Hotel. REASON: The recent amendment to the Residential Tourist District established Floor Area Ratios (FARs) for resort hotels and the more traditional travel or business hotels. The amendment did not take into account where the market is apparently heading, i.e., suite hotels/extended stay hotels. This type of hotel is marketed for a family occupancy, provides a full housekeeping unit, and is typically rented for periods of one (1) week or more. The above- referenced amendments penalized these extended stay hotel units that contain a space equivalent to a conventional dwelling unit. The FARs that were designed were based on more conventional hotels where full housekeeping facilities are generally unavailable. When applied to a full housekeeping living environment, this resulted in a reduction of density. This amendment is intended to address this issue and to approximate the former density of 26 units per acre which is transposed into an equivalent Floor Area Ratio based on unit sizes in the range of 1600 square feet, with little or no consideration for accessory space, as in the case of regular hotels. [This would equate to an intensity of use (FAR) which would equate to 16 condominium units per acre of approximately 2800 square feet.] Further, because there is a legitimate concern that this not be utilized as a subterfuge for a conventional condominium achieving higher density than is otherwise allowed, we are proposing defining the term "residential hotel" to establish parameters that will assure that the units do indeed function as a hotel. deemed non-conforming as a result of inconsistency with any floor area ratio limitati Division 6.3 Definitions Residential Hotel .A residential hotel is a hotel intended for family occupancy where th '. drastic_-_ of a stay is a minimum of three (3) days and normally exceeds one (1) week and offen full living accommodations, including kitchen, living room, bathroom, and two or more separate bedrooms. The following operational characteristics are required: Section 2.2.8.4.8. Floor area ratio. The maximum floor area ratio for hotels, motels and timeshare facilities shall not exceed a factor of ,,.,,0 0.50, except for destination resort hotels and residential hotels as defined in Article 6.3 where a floor area ratio of 0.80 0.70 and 1.15 is permitted respectively, except that in no case shall the application of any floor area ratio exceed twenty-six (26) units per acre as defined for that particular floor area ratio application Further any project which received approval at a public hearing prior to July 1, 2000 shall not ~e AGENDA ITEM .o.,., JUN 2 0 ;~001 On-site reservation service · Daily housekeeping services · Lobby registration area and personnel · Conference or meeting room(s) · ~ommon service areas (ice, vending, etc.) · · Occupational license for hote!. Monthly Tourist Development Council reports and tax payments per applicable County ordinance · Recreational facilities, such as pools, cabanas, game rooms, water access, tennis courts, fitness facilities · Maintenance of guest registration records as required by Section 509.101, Florida Statutes (2000), or its successor statute. · Po~ting of room rental rates in each rental unit as required by Section 509.201, Florida _Statutes (2000), or its successor statute. · Inspections and certification filings with the State of Florida with regard to the safety and security of balconies, platforms and stairways as required by Section 509.2112, Florida Statutes (2000), or its successor statute. · Compliance with the fire safety requirements of Section 509.215, Florida Statutes (2000)., or its successor statute, including but not limited to smoke detector devices in each guest room and automatic sprinkler systems, No unit may be occupied by the same household or persons for a period of time greater than eight (8) continuous weeks, and the same household or persons may not occupy any unit in the building for more than twelve (12) weeks in any calendar year. The design of each unit shall clearly demonstrate that it functions as a individual separate housekeeping unit, and the plan shall clearly demonstrate that there is no ability to dividv the unit, i.e., lockouts, so as to create more than one (1) unit for rental during any period of time. ' AGENDA ITEM No. -- JUN 2 0 2001 ORIGIN: Community Development and Environmental Services AUTHOR: Barbara Burgeson, Sr. Environmental Specialist, and Michelle Arnold, Code Enforcement Director, Patrick G. White, Assistant County Attorney DEPARTMENT: Planning Services LDC PAGE: LDC 2:217 (Supp. 11) LDC SECTION: 2.6.34. Annual Beach Events Permit CHANGE: To amend the Annual Beach Events Permit, Section 2.6.34. of the Land Development Code, for the purpose of adding a more specific penalties section, to clarify allowable uses during sea turtle nesting season, and to amend the standard permit conditions. REASON: The Annual Beach Events Permit section of the LDC was created during amendment Cycle 2 in 2000. At that time staff did not include a specific penalties section. It has become apparent that this is needed for staff to enforce the language in this section for certain violations. This amendment adds the necessary penalties section and is consistent with the penalties section in the Vehicle on the Beach section of the Code. It also became apparent since this section of the Code was adopted that clarification and modifications of other language contained herein was needed. FISCAL & OPERATIONAL IMPACTS: The operational impacts from the staff-supported amendments would be minimal. Unless there were violations to this code, the cost to the commercial beachfront hotel property owner would also be negligible. RELATED CODES OR REGULATIONS: LDC 3.14. & 3.13. 2.6.34.1. 2.6.34.1. 2.6.34.2. Annual Beach Events Permit: The owner of beachfront commercial hotel-resort prOperty may apply for an Annual Beach Events Permit. The Planning Services Director, or his designee, may grant the permit following review of an application for such permit. The application shall be submitted on the form prescribed by Collier County together with the applicable fee for the number of planned Beach Events as indicated on the permit form and exhibits thereto. Permits issued pursuant to this section are not intended to authorize any violation of § 370.12, F.S., or any of the provisions of the Endangered Species Act of 1973, as it may be amended. For purposes of this section, a "Beach Event" shall mean and refer to any social, recreational or entertainment event (whether public or private), conducted on the beach and satisfying one or more of the following criteria: The event involves the use of dining/picnic tables and chairs, serving tables, or other ancillary equipment typically used to serve an on-site meal; or The event involves the use of staging equipment, amplified musJ of other types of electrical equipment for purposes of enhance{ sound; or 7 JUN 2 0 :~001 o The event: (a) is attended by 25 or more people and is organized by or with the_help of the commercial property owner; and (b) is of a nature not commonly associated with the day-to-day use of the beach by the general public. 2.6.34.3. 2.6.34.3.1 2.6.34.3.2. 2.6.34.3.3 Notice of Scheduled Events: On or before the 25th day of each calendar month, the holder of such permit shall cause Collier County to be furnished with written notice of all Beach Events scheduled for the following month, in the form and content made a part of the Annual Beach Events Permit application. The notice shall indicate the date, time and duration of each event. 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. All notices or documents furnished to Collier County pursuant to the permit or these r_egulations shall be sent to Collier County Planning Services Department .and for events that occur during sea turtle nesting season, to the Collier County Natural Resource Department as well. 2.6.34.4. 2.6.34.4.1. 2.6.34.4.2. 2.6.34.5. 2.6.34.5.1. Event Cancellations and Postponements: If a scheduled Beach Event is canceled or postponed, the property owner shall furnish Collier County with written notification of such cancellation or postponement. It is understood that weather conditions may cause last minute cancellations, however the property owner shall make every effort to notify the County staff a minimum of 4 hours prior to the scheduled event time. If such event is rescheduled, notice of the date and time of the rescheduled event shall be provided. If a Beach Event is canceled or postponed, and no other Beach Events are scheduled for the date of the canceled/postponed event, and Collier County has been notified of such cancellation or postponement, then the canceled or postponed event shall not count towards the maximum number of Beach Events authorized by the ~mfi~a~no^ ~'t~ ~10. Annual beach events which occur during Sea Turtle Nesting Season (M. October 31st of each year): During o~ ~ ............. e, ............. also subject to the following ccn~.t~.-~ns regulations: ~ All required Florida Department of Environmental Protection (FDEP) Field Permits, if requ;.re~ by FDEP, shall be obtained and ~ furnished to Collier County prior to the time of the scheduled event as set forth in section 2.6.34.3. _ · ......... e, or beach 2.6.34.5.2. Consistent with section 3.13.7.3, and 3.14.6, no structure $set up, ~--~"~:"" raking; or mechanical cleaning activity for an__x particular Beach Event shall ,not commence until after monitoring conducted by personnel with prior experience and _training in nest surveys proced~ and possessing a valid Fish and Wildlife Conservation Commission Marine Turtle Permit has been completed 2.6.34.5.3. Prior to all scheduled beach events, every beach event permit holder is required to rope off (or otherwise identify with a physical barrier) an area with no less than a 15 foot radius out from each sea turtle nest that has been identified and marked on ~ 2.6.34.5.4 2.6.34.5.5 2.6.34.5.6 2.6.34.5.7 2.6.34.5.8 2.6.34.5.9 2.6.34.6 beach, unless a greater distance is required by an applicable State permit. Use of vehicles on the beach is prohibited, except as may be permitted under in Section 3.14.3, 3.14.5, or 3.14.6. cf t~2s ccde. Consistent with section 3.13.7.3,A_all materials placed on the beach for the purpose of conducting the permitted Beach Events shall · 1) must be removed from the beach by no later than 9;30 p.m.o.r~a~..,,,, .,v,...~ ,~-"r ,,,,,."-~ ,.,,,~,~' ..... ,,,,.,c'~' sunset on the date of the event; .and 2) no structures may be set, placed, or stored on, or within ten feet of any beach dune, except that materials may remain in an identified staging area until 10:00 p.m. The location and size of all staging areas will be as identified in the permit. All lights that are visible from the beach and cast a shadow thereon shall be turned off by no later than 9:00 p.m. of the date of the event. Identification of sea turtle nests on the beach may cause the Beach Event to be relocated from its planned location or to have additional reasonable limitations placed on the event pursuant to the recommendation of Collier County Natural Rescurce~ ~ staff in order to protect the identified sea turtle nests in this permit; except that county staff may relocate a staging area as provided for in 2.6.34.5.5, as part of its daily sea turtle monitoring Pole lighting, and any other object or structure designed to penetrate the beach surface by more than three (3) inches shall be subject to the approval of the FDEP and Collier County. A copy of all Nnotices required by this any permit or these regulations shall must also be f-m:nished provided.by the permit holder to Collier County Natural Rest 'm ~.~, aaE~r>a Department. Penalties. Notwithstanding the penalties set forth elsewhere in this Code, following violations of this section are subiect to the following penalties: 1. Violations which do not occur during sea turtle nesting season, i.e., c':c~=r?g,_~:.:., c~. of sea turtle nesting season, are subject to up to a $500 fine per violation. 2. Violations which occur during sea turtle nesting season and are: .any activity that may cause immediate harm to sea turtles or their nesting activities; which include, but are not limited to the following: 1) setting up a beach event prior to daily sea turtle monitoring; 2) failing to remove beach event materials from the beach by 9:30 p.m. ~ ~- .... after ....... ,3) failing to have lights, so required, turned out by 9:00 p.m.; or 4) not placing bo additional barriers around nest~sec. 2.6.34.5.~_3' are subject to the following penalties: First violation: Second violation_z: Third or more violation: lO~e and a ..... n ~00 fine an~ a $5,000 fine ~would not caus_xe immediate harm to sea turtles or their nestin~which include but are not limited to the followingi_D failin to notif the Count of a beach ev~vide the Countx ~of Florida D~ment of Protection ermits rior to each beach event~beach event materials or related structures set laced stored on, or within ten feet of any beach dune; are subject to up to a $500. fine_____:. AGENDAITEM NO. ,, JUN 0 2001 o o o o COLLIER COUNTY COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 2800 North Horseshoe Drive Naples, FL 34104 941-403-2400 EXHIBIT "A" STANDARD PERMIT CONDITIONS Security: Property Owner is responsible for ensuring that adequate security is provided for each Beach Event. Traffic Safety: Authorization from the Collier County Sheriffs office may be required for certain Beach Events. Property Owner is responsible for consulting the Collier County Sheriffs Office to determine whether separate authorization for a particular event is required. Use of Electrical Apparatus: Need to speak with Building Department Signage: Use of signs shall be subject to the provisions of the Collier County Land Development Code. Noise: All music shall be subject to the terms and conditions of Property Owner's Music Permit, which permit may be obtained from Collier County on an annual basis. Restrooms: Existing restroom facilities must be adequate, or additional portable faculties made available and not located on the beach. Vehicles On Beach: Use of vehicles shall be subject to provision of Collier County Land Development Code §3.14. Public Access: Beach Events shall be conducted in a manner that does not interfere with the public's ability to traverse that portion of the beach owned by the State of Florida. No structures may be set, placed, or stored on, or within ten feet of, any beach dune. Annual beach events which occur during Sea Turtle Nesting Season (May 1 st through October 31st of each year: ...... ~, ......... ........ ~, bc are also subject to the following ccnditicns regulations: A espy sf the All required Florida Department of Environmental Protect Field Permits, ~f - - -~,i .......~ .... , shall be obtained and a copy furnish{ County prior to the time of the scheduled event as set forth in section 2.6 d to Collier 34.~UN ~ 0 ~001 B. Consistent with section 3.13.7.3, and 3.14.6, no structur~ Sfi_et up, i~aetu4h~ or beach raking; or mechanical cleaning activity for any particular Beach Event shall not commence until after monitoring conducted by personnel with prior experience and training in nest surveys procedures and possessing a valid Fish and Wildlife Commission Marine Turt .... -' Conservation le Permit has been c__~_q_9__m~leted the C._~. Prior to all scheduled beach events, every beach event permit holder is required to rope off (or otherwise identify with a physical barrier) an area with no less than a 1:, foot radius around each sea turtle nest that has been identified and marked on a beach, unless a greater distance is required by an applicable State permiL. D. Use of vehicles on the beach is prohibited, except as may be permitted under i-~ Section 3.14.3, 3.14.5, or 3.14.6.q~f-this-ood~ E. Consistent with section 3.13.7.3 ,a, all materials placed on the beach for the purpose of conducting t-he permitted Beach Events shat4 must. be:_ 1)...removed from the beach by no later than 9:30 p.m. 9:09 p.m. of one h .... the date of the event; and 2) no structures may be set, placed, or stored on, or within ten feet of any beach dune, except that materials may remain in an identified staging area until 10:00 p.m. ;Fhe location and size of all staging areas will be as identified in the annual beach events permit. F. 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. G. Identification of sea turtle nests on the beach may cause the Beach Event to be relocated from its planned location or to have additional reasonable, limitations placed on the event pursuant to the recommendation of Collier County Natural Rose's:roes ~ staff in order to protect the identified sea turtle nests in this permit; except that county staff may relocate a staging area as provided for in standard condition 10 E, as part of its daily sea turtle monitoring. H. Pole lighting, and any other object or structure designed to penetrate the beach surface by more than three (3) inches shall be subject to the approval of the FDEP and Collier County. I. A copy of all ~4notices required by t4a-is any penrdt or these regulations stml-t must also be hma-ished provided by the permit holder to Collier County Natural Resources Department. AGENDA ITEM NO. JUN 2 0 2001 ORIGIN: Community Development and Environmental Services AUTHOR: Barbara Burgeson, Sr. Environmental Specialist, and Michelle Arnold, Code Enforcement Director, Patrick G. White, Assistant County Attorney DEPARTMENT: Planning Services LDC PAGE: LDC 3:157 (Supp. 11) LDC SECTION: 3.13 Coastal Construction Setback Line Variance CHANGE: To amend the Coastal Construction Setback Line Variance, Section 3.13, of the Land Development Code for the purpose of adding a more specific penalties section, and to clarify the exemptions from the CCSL section. REASON: A more reasonable penalty section was added to provide code enforcement staff the language needed to be able to enforce this section of the Code. FISCAL & OPERATIONAL IMPACTS: The operational impacts from the staff-supported amendments would be minimal. The cost to the commercial beachfront property owner would also be negligible unless there were violations to this code. RELATED CODES OR REGULATIONS: 3.14. & 2.6.34. Division 3.13. Coastal Construction Setback Line Variance Sec. 3.13.7. Exemptions Sec. 3.13 7 3 Any structure(s)~_such .,o ~,~ ,.~.~, .... '~ ~'~' 5a it m utc,that: 1) do not constitute fixed structure(s), 2) do not require a building permit, 3) weigh less than 100 pounds,..and 4_)_upon review by the d~,~q~pm~at planning services director or his designees,_is/are determined to not present an actual or potential threat to the beach and the dune system and adjacent properties .are exempt from the variance requirements of this division. This exemption shall not be effective during sea turtle nesting season (May 1 - October 31) unless the structures are removed daily from the beach within one hour of sunset pri,v,r te 9:00 p.m. and are not moved onto, or placed on, the beach before completion of monitoring conducted by personnel with prior experience and training in nest surveys procedures and possessing a valid Fish and Wildlife Conservation Commission Marine Turtle Permit (daily sea turtle monitoring), or unless the beach furniture is being actively used or attended durin~ the period of time from 9:30 pm until the next day's monitoring. Exemptions allowed under this provision are not intended to authorize any violation of 370.12, F.S., or any of the provisions of the Endangered Species Act of 1973, as it may be amended. Sec. 3.13.9. Penalty and civil remedies A~ENDAITEM No. JUN 2 0 2001 3.13.9.3.1 Penalty [or a violation to Section 3.13.7.3 Notwithstanding the penalties set forth elsewhere in this Code, the following violations of section 3.13.7.3, which occu.' during sea turtle nesting season,:.. A) 1) setting up of any structures as defined in 3.13.7.3, prior to daily sea turtle ~nonitoring, 2) failing to remove all structures from the beach by 9:30 p.m. w~t~n hcr:r c~' ...... . ,,,, c,.r~c, ~.-,~ or 3) failing to have lights, so required, turned off by 9:00 pm., are subject to the following penalties: First violation: Up to $1,000 fine. Second violation: $2,500 fine and $5,000 fine n~,~ Third or more violation: B) beach front property owners who leave beach furniture unattended on the beach between 9:30 pm and the time of the next day's sea turtle monitoring, are subject to the following penalties: First violation: Written notice of ordinance violation Second violation: Up to $1,000 fine Third or more violation: $2,500 fin.e. More than three violations: $5,000 fine. AGENDA ITEM No. . JUN20 O01 ..... ,,,.. ORIGIN: Community Development & Environmental Services Division AUTHORS: Barbara Burgeson, Sr. Environmental Specialist, Maura Kraus, Sr. Environmental Specialist and Michelle Arnold, Code Enforcement Director, Patrick G. White, Assistant County Attorney DEPARTMENT: Planning Services, Natural Resources, and Code Enforcement LDC PAGE: 3:160 (Supp. 11) LDC SECTION: 3.14. Vehicle on the Beach Regulations. CHANGE: This amendment was written by staff in response to a desire by hotels and commercial beachfront properties to use vehicles on the beach during sea turtle nesting season. During the last amendment cycle the BCC asked staff to consider the consequences of an amendment to the Code, to allow additional use of ATV's during sea turtle nesting season. Staff researched the potential harm that could be caused to protected sea turtles which nest on Collier County beaches and recommended that very restricted use be allowed during sea turtle nesting season. As a result of meetings held with staff, and representatives of the commercial properties and the environmental organizations, changes are proposed to be made to 1) allow commercial beach front properties limited use of vehicles during sea turtle nesting season to facilitate setting up events on the beach and conducting routine business, 2) add a penalties section, 3) add tire identification section and 4) clarify the language regarding PSI of the tires. REASON: The proposed amendments would allow limited vehicular use on the beach during sea turtle nesting season, clarify the PSI description for tire pressure, provide for identification of vehicle treads, and set forth additional penalties to the vehicle on the beach section of the Code. This would provide County Code Enforcement and Natural Resources staff with precise definitions of violations and appropriate methods to resolve them. FISCAL & OPERATIONAL IMPACTS: The operational impacts from the staff-supported amendments would be minimal for the tire tread identification (approximately $50 per ATV fire). RELATED CODES OR REGULATIONS: Annual Beach Events Permits (2.6.34.1) & 3.13. Amend the LDC Code as follows: 3.14.3.4 Vehicle-on-the-beach permits issued in conjunction with special or annual beach events: Vehicles which are used in conjunction with functions on the beach, as permitted by an approved special event temporary use permit, or annual beach events permit, are exempt from the provisions of this division if a vehicle-on the-beach permit has been granted by the planning services director or his designee. All permits issued are subject to the following conditions and limitations: 3.14.3.4.1. The use of vehicles shall be limited to set-up and removal of equipment for the permitted function. AGENDAITEM No.__ JUN 2 0 7001 3.14.3.4.2. Said permits shall be prominently displayed on the vehicle and kept with the vehicle and available for inspection; 3.14.3.4.3. The types of vehicles permitted for this use may include ATV's, non-motorized handcarts or dollies, and small utility wagons, which may be pulled behind the ATV's. 3.14.3.4.4. ipp ....... All vehicles shall be equ ed with large pneumatic tires ..... having a maximum ground-to tire pressure of 10 PSI (pounds per square inch), as established by the Standard PSI Formula. Calculations 'for tire pressure using the standard formula shall be included with each permit application. 3.14.3.4.5. Permits shall only be issued for ATV's when staff has determined that: 1) due to the distance and the excessive weight of the equipment to be moved that it would be prohibitive in nature to use push carts or dollies or 2) a limited designated work area has been established at the foot of the dune walkover for 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 During sea turtle nesting season, the following shall apply: 1) no vehicle may be used on the beach until after completion of daily sea turtle monitoring conducted by personnel with prior experience and training in nest surveys procedures and possessing a valid Fish and Wildlife Conservation Commission Marine Turtle Permit, 2) consistent with sec. 3.13.7.3., there shall be no use of vehicles for set up of chairs or hotel or commercial beach equipment, etc. until after the beach has been monitored; 3) one (1) ingress/egress corridor onto and over the beach, perpendicular to the shoreline from the owner's property, shall be designated by the Collier County Natural Resources Department (CCNRD); additional corridors may be approved when appropriate and necessary; a staging area may be approved for large events and 4) except for designated corridors, all motorized vehicles shall be operated below thc Mean High Water line (MHW), as generally evidenced by- the previous high tide mark. If at anytime CCNRD determines that the designated corridor may cause adverse impacts to the beach, nesting sea turtles, or the ability of hatchlings to traverse the beach to the water, an alternative corridor shall be designated. If no alternative is available, the Vehicle on the Beach permit may be suspended for the remaining period of the sea turtle season. 3.14.3.5. Vehicle-on-the-beach permits issued in conjunction with permanent concession facilities: shall be exempt from the provisions of this division if a vehicle-on-the- beach permit has been granted by the planning services director or his designee. Vehicles which are used in conjunction with approved permitted beach concession activities may be used to set up concession equipment and may be used to remove the equipment from the beach and return it to the approved storage area, subject to the following conditions and limitations: ^6END^ ITEM NO. 3.14.3.5.1. The types of vehicles permitted for this use may include ATV's, non-motorized handcarts or dollies, and small utility wagons, which may be pulled behind the ATV's. 3.14.3.5.2. Said permit shall be prominently displayed on the vehicle and kept with the vehicle and available for inspection. 3.14.3.5.3. All vehicles shall be equipped with large pneumatic tires :~c~,~ ,~ having a maximum ground-to tire pressure of 10 PSI (pounds per square inch), as established by the Standard PSI Formula. Calculations for tire pressure using standard formula shall be included with each permit application. 3.14.3.5.4. Permits shall only be issued for ATV's when one of the following criteria has been met: 1) Evidence has been provided that there is a need to move equipment, which, due to the excessive weight and distance, of equal to or greater than 200 feet, would be prohibitive in nature to move with, push carts or dollies. 2) A limited designated work area has been established at the foot of the dune walkover for loading and unloading and the ATV use is restricted to that limited identified area. 3.14.3.5.5. When not in use all vehicles shall be stored off the beach; 3.14.3.5.6. These vehicles may not be used for transportation of people or equipment throughout the day. The permit shall designate a limited time for equipment set up and for the removal of the equipment at the end of the day. 3.14.3.5.7. During sea turtle nesting season, the following shall apply: 1) no vehicle may be used on the beach until after completion of daily sea turtle monitoring conducted by personnel with prior experience and training in nest surveys procedures and possessing a valid Fish and Wildlife Conservation Commission Marine Turtle Permit; 2) consistent with sec. 3.~3.7.3., there shall be no use of vehicles for set up of chairs or hotel or commercial beach equipment until after the beach has been monitored; 3) one (1) ingress/egress corridor onto and over the beach, perpendicular to the shoreline from the owner's property, shall be designated by the Collier County Natural Resources Department (CCNRD); additional corridors may be approved when appropriate and necessary_ and 4) except for designated corridors, all motorized vehicles shall be operated below MHW, as generally evidenced by the previous high tide mark. If at anytime CCNRD determines that the designated corridor may cause adverse impacts to the beach, nesting sea tuffies, or the ability of hatchlings to traverse the beach to the water, an alternative corridor shall be designated. If no alternative is available, the Vehicle on the Beach permit may be suspended for the remaining period of the sea turtle season. 3.14.3.6. uses of commercial hotel property: Vehicles which are used in conjunctk such as routine equipment set-up that cannot reasonably be accomplishe~ /7 Vehicle-on-the-beach permits for other routine functions associated with permitted n wi th~(~l~i~lXEM · NO. w~thou~ JUN ~ 0 2001 use of such vehicle due to size, weight, volume and such, shall be exempt from the provisions of this division if a vehicle-on-the-beach permit has been granted by the planning services director or his designee, subject to the following conditions and limitations: 3.14.3.6.1. Said permit shall be prominently displayed on the vehicle and kept with the vehicle and available for inspection. 3.14.3.6.2. 3.14.3.6.3. The types of vehicles permitted for this use may include ATV's, non-motorized handcarts or dollies. Permits shall only be issued for ATV's when one of the following criteria has been met: 1) Evidence has been provided that there is a need to move equipment, which, due to the excessive weigh and distance of equal to or greater than 200 feet, would be prohibitive in nature to move with, push carts or dollies. 2) A limited designated work area has been established at the foot of the dune walkover for loading and unloading and the ATV use is restricted to that limited identified area. 3.14.3.6.4. 3.14.3.6.5. 3.14.3.6.7 ipp All vehicles shall be equ ed with large pneumatic tires ' having a maximum ground-to tire pressure of 10 PSI (pounds per square inch), as established by the Standard PSI Formula. Calculations for tire pressure using the standard formula shall be included with each permit application. When not in use all vehicles shall be stored off the beach~ Us ................. & During sea turtle nesting season, the following shall apply: 1) no vehicle may be used on the beach until after completion of daily sea turtle monitoring conducted by personnel with prior experience and training in nest surveys procedures and possessing a valid Fish and Wildlife Conservation Commission Marine Turtle Permit; 2) consistent with sec. 3.13.7.3., there shall be no use of vehicles for set up of chairs or hotel or commercial beach equipment until after the beach has been monitored; 3) one (1) ingress/egress corridor onto and over the beach, perpendicular to the shoreline from the owner's property, shall be established by the Collier County Natural Resources Department (CCNRD); additional corridors may be approved when appropriate and necessary_ and 4) except for designated corridors, all motorized vehicles shall be operated below MHW, as generally evidenced by the previous high tide mark. If at anytime CCNRD determines that the designated corridor may cause adverse impacts to the beach, nesting sea turtles, or the ability of hatchlings to traverse the beach to the water, an alternative corridor shall be designated. If no alternative is available, the Vehicle on the Beach permit may be suspended for the remaining period of the sea turtle season. 3.14.3.7 Tire tread identifications: All rear tires shall be marked with raised metal lettering (minimum 1/2 inch thick attached to the raised tread of the tires) in t identifications can be made when vehicles are used on the beach. Thi JUN 0 2001 shall be required for all new vehicle on the beach permits issued for ATV's and for all vehicles using the beach during sea turtle season Section 3.14.5. Beach raking and mechanical beach cleaning 3.14.5.1. Beach raking and mechanical beach cleaning shall be prohibited on undeveloped coastal barriers unless a state permit is r-equir-ed, obtained. 3.14.5.2. Beach raking and mechanical beach cleaning ~*,~' ........... ~,~, to must comply with the provisions of section 3.14.6 of this division. 3.14.5.3. Beach raking and mechanical beach cleaning shall not interfere with sea turtle nesting, shall preserve or replace any native vegetation on the site, and shall maintain the natural existing beach profile and minimize interference with the natural beach dynamics and function. 3.14.5.4. Beach raking and mechanical beach cleaning devices shall not disturb or penetrate beach sediments by more than the minimum depth necessary, not to exceed one inch, in order to avoid a potential increase in the rate of erosion. In cases where the one-inch depth is not sufficient, a maximum depth of two inches, as allowed by the department of natural resources, will be permitted where approved in writing by the development services director. 3.14.5.5. Heavy equipment shall not be used to conduct beach raking and mechanical beach cleaning. Lightweight vehicles having wide, low profile, low pressure tires shall be used to conduct beach raking and mechanical beach cleaning operations. Sec. 3.14.6. Operations of vehicles on the beach during marine turtle nesting season. The operations of motorized vehicles, including but not limited to and self-propelled, wheeled, tracked, or belted conveyances, shall-be i~s prohibited on coastal beaches above mean high water during sea turtle nesting season, May 1 to October 31, of each year, except in cases for purposes of law enforcement, emergency, or conservation of sea turtles, unless such vehicles have a valid permit issued pursuant to this division. Permits issued pursuant to this division are not intended to authorize any violation of § 370.12, F.S., or any of the provisions of the Endangered Species Act o f 1973, as it may be amended. 3.14.6.1 All tgbeach raking and mechanical beach cleaning during sea turtle nesting season, May 1 to October 31, of each year, o~'~' ~' .... 4,;~,4 ~.. ~ ...... ~ ~,~,~ ........................................ ~ .... been ................... ~ ...... must not e n e recom etion of monitoring conducted by personnel with prior experience and tr~ning in nest su~eys procedures ~d possessing a valid Fish and Wildlife Conse~ation Co~ssion M~ne Tulle Pe~t. 3.14.7 Penalties. Notwithstanding the violations of this division are subject to the following penalties: /? penalties set forth elsewhere in this Code, AGENDA ITEM Nc).__ JUN ~ 0 2001 3.14.7.1. 3.14.7.2. Violations of section 3.14.5., which do not occur during sea turtle nesting season, i.e., occur outside of sea turtle nesting season, are subject to up to a $500 fine per violation. 1. Minor infractions of section 3.14.5 which occur during sea turtle nesting season are subiect to up to a $500 fine per violation. Minor infractions are defined as any activity that will not cause immediate harm to sea turtles or their nesting activity; and include, but are not limited to, the following: 1) use of an unpermitted vehicle; 2) vehicles being operated: a) without required tire tread identification; b) without permit being available for inspection; or c) with impr.oper tire pressure. 2. Major infractions of section 3.14.5 which occur during sea turtle nesting season are subject to the following penalties. Major infractions are defined as any activity that may cause immediate harm to sea turtles or their nesting activities; and include, but are not limited to, the following: 1) use of a vehicle prior to daily sea turtle monitoring, 2) use of a vehicle after 9:00 pm, or 3) use of a vehicle outside of a designated corridor. First violation: $1000 fine and a suspension of permitted activities, including but not limited to: beach raking os activities ~'~ mechanical cleaning ......... ~;,,;*:~ for 70 days or the balance of sea turtle nesting season, whichever is less. ~econd violation: $2,500 fine and a suspension of permitted activities, including but not limited to: beach raking o~ mechanical cleaning activities an~ ':,un-al ~eac~ ..... ~ ~,;,,;*;~ for 70 days or the balance of sea turtle nesting season, whichever is less. Third or more violation: $5,000 fine and a suspension of permitted activities, including but not limited to: beach raking o, mechanical cleaning activities ................ ..... · ~ ~,-*;,,;*;~,~ for 70 days or the balance of sea turtle nesting season, whichever is less. 3.14.7.3. Violations of sections 3.14.3.2.; 3.14.3.4.; 3.14.3.5.; or 3.14.3.6., which do not occur during sea turtle nesting season, i.e., occur outside of sea turtle nesting season, arc, subiect to up to a $500 fine per violation. 3.14.7.4 Violations of sections 3.14.3.2.; 3.14.3.4.; 3.14.3.5.; or 3.14.3.6., which occur during sea turtle nesting season are subject to the following penalties: 1. Minor infractions are subiect to up to a $500 fine per violation. Minor infractions are defined as any activity that will not cause an immediate harm to sea turtles or thei~ nesting activity; and include, but are not limited to, the following: 1) use of an unpermitted vehicle; 2) vehicles being operated: a) without required tire tread identification; b) with permit not available for inspection; or c) with pressure. NO. JUN 2 0 ZOO1 2. Major infractions are defined as any activity that may cause harm to sea turtles ot their nesting activities; and include, but are not limited to, the following: 1) use of a vehicle prior to daily sea turtle monitoring, 2) use of a vehicle after 9:30 p.m. 9:9,0 pm, or 3) vehicle being operated outside of a designated corridor. Major violation:; are subject to the following penalties: First violation: $1000 fine. Second violation: $2,500 fine ~-a ..r cf Third or more violation: AGENDA ITEM No. ,,, JUN ~ 0 ZOO1 ORIGIN: Board of County Commissioners AUTHOR: Patrick G. White (061101-1637) DEPARTMENT: County Attorney's Office LDC PAGES: As reformatted by these changes, see Summary Table of Amendments. CHANGE: Revisions to existing LDC text, and the addition of new text, to implement an initial hearing examiner program. REASON: Text amendments are required to re-assign existing responsibilities and duties of the planning commission, environmental advisory council, board of zoning appeals, and board of county commissioners, and to establish new responsibilities and duties for the hearing examiner and board of county commissioners. FISCAL & ORIENTATION IMPACTS: As per prior Executive Summary of BCC Agenda October 24, 2000, $ 254,000, including initial start-up costs of $42,000. RELATED CODES OR REGULATIONS: Additional amendments to an existing Special Act have now been approved by the State Legislature; a new administrative code must be developed and then approved by the Board of County Commissioners prior to the effective date of these amendments which will be subsequently established by separate resolution of the Board. Amend the LDC as follows, all of this text comprising Sub-section 3.L., of the ordinance amending the LDC, except the concluding text for SECTION SIX, pertaining to special provisions for an additional effective date for only these provisions: Article 1: GENERAL PROVISIONS Division 1.8 Non-conformities Sec. 1.8.6. Change in use. If no structural alterations are made, ~1~,.~,..~. ~~ any nonconforming use of a structure, or of a structure and premises in combination. may be changed to another nonconforming use of the same character, or to a more restricted nonconforming use, provided the ~'"'""~ of ~n~-,li,-.,',+;,-,,', +n 'ri.-,,-, H .... h-, .... + .... ;,-,n~-. H;.n,-+n~ shall find after public notice and UpOR ,..~ ..................... r' ....................... ' hearing that the proposed use is equally or more appropriate to the district tnan.~.~m~^ 1 of 42 ~ ~ JUN 2 0 2001 existing nonconforming use and that the relation of the structure to surrounding properties is such that adverse effect on occupants and neighboring properties will not be greater than if the existing nonconforming use is continued, and so recommends to the board of county commissioners. In permittim such chan~le, the ..... '" ~:e~H~ 'b'~i~ may may require~_appropriate conditions and safeguards in accordance with the intent and purpose of this code. Sec. 1.8.10. Nonconforming structures 1.8.10.4. Nonconforming residential structures, which for the purpose of this section shall mean detached single-family dwellings, duplexes, or mobile homes in existence at the effective date of this zoning code or its relevant amendment and in continuous residential use thereafter, may be altered, expanded, or replaced upon r~ccmmcnd~t!cn ................. ~ ~ ......... ~ cc'"'~,sc,c,', ~.".d approval of the ~,,',~ ,',' -,,-,-,; ....... ,- ~Z~ ...... I ~l~il~l "1'*;""~ hearinq examiner. "' ............. ~ ~:u Notwithstanding the foregoing restrictions as to reconstruction, any residential structure or structures in any residential zone district may after destruction be rebuilt after ~est~t~.r~-to its thc prior extent, height and density of units per acre regardless of the percentage of destruction, subject to compliance with the applicable Building Code requirements in effect at the time of redevelopment. In the event of such rebuilding, all setbacks and other applicable district requirements shall be met unless a variance therefor is obtained from the ~'"'~-'~ ,-~ --'on!ng ..... ~- ........ ~ .... hearinq examiner. For the purpose of this division, a hotel, motel, or boatel shall be considered to be a residential structure. Since the size and nature of the alteration, expansion, or replacement of such nonconforming structures may vary widely, a site plan, and if applicable, preliminary building plans indicating the proposed alteration, expansion, or replacement shall be presented with each petition. Prior to granting such alteration, expansion, or replacement of a nonconforming single-family dwelling, duplex or mobile home, the ,.. ......... ~ ccmm:"s,cn hearin.q examiner o,-,~ *~,,-, ~,-,-,-~ ,-,~ ..... .,, ...................... ~ ccmm!cs!cncrc shall consider and base its his or her approval on the following standards and criteria: Article 2: ZONING Division 2.2. Zoning Districts, Permitted Uses, Conditional Uses, Dimensional Standards Sec. 2.2.2. Rural agricultural district (A). 2 of 42 ~ '~ I AGENDA ITEM No, JUN 2 0 2.001 2.2.2.3. Conditional uses. The following uses are permitted as conditional uses in the rural agricultural district (A), subject to the standards and procedures established in division 2.7.4. 23. Cultural, educational, or recreational facilities and their related modes of transporting participants, viewers or patrons where applicable, subject to all applicable federal, state and local permits. Tour operations, such as, but not limited to 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 Engineers, the Florida Department of Environmental Protection, and the South Florida Water Management District shall be presented to the Planning Services Director prior to Site Development Plan approval. (2) The petitioner shall post the property along the entire property line with no trespassing signs approximately every 300 yards. (3) The petitioner shall utilize only trails identified and approved on 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 of vehicles, and the passenger capacity of any vehicle shall be determined by thc Board of ,,,~;,,,, ^ ....i~ H~rinn the conditional use process. Z,..,, ,,, ,~ · ~t"t""""*'"' ~ ..... (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) Annually, all 4n ......... ~ ?- concll[ional uses TOt [~u/ ~,~,~ ~ ........ ~ ~ner~ If during the review, at an adveAised public hearing meeting the requirements of section 2.7, it is determined by thc Board of 5~-[n~ ~--~-~- that the tour operation ~s detrimental to the environment, and no corrective action has been taken by the petiti ~,~,, ~T~, the B~oard of Zc~ ' JUN 2 0 Z001 30f42 ~ - county commissioners may that it rescind the conditional use advertised public hearinq meetin.q the ~e at an Sec. 2.2.23. Airport overlay district (APO): special regulations for specified areas in and around the airports in Collier County. 2.2.23.3.3. Variances. Any person desiring to erect or increase the height of any structure or use his property not in accordance with the regulations prescribed in this ordinanco Code may apply to the ~,,,r,4 ,.,¢ ?,-,,,..,.,,., ~hearing examiner for a variance from such regulations pursuant to Section 2.7.5. of this Code, except for provisions herein or by Chapter 333, F.S., that are not variable. Sec. 2.2.24. Special treatment overlay district (ST); special regulations for areas of environmental sensitivity and lands and structures of historical and/or archaeological significance and the Big Cypress Area of Critical State Concern. 2.2.24.5. 2.2.24.6. Site alteration plan or site development plan approval required. Prior to the clearing, alteration, or development of any land designated ST. or ACSC- ST, the property owner or his legally designated agent shall apply for and receive approval of a site alteration plan or site development plan, as the case may be, by +~,,- ~,-,or,~ ,,~ ..... ,,, ................. ~ ccmmlcc!cncrs as provided in section 2.2.24.6. Procedures for site alteration plan or site development plan approval for development in ST or ACSC-ST designated land. 2.2.24.6.1. Preapplication conference. Prior to filing a petition for site alteration or site development approval of ST or ACSC-ST land, the petitioner shall request and hold a preapplication conference with the develef~ planning services director and appropriate county staff. The preapplication conference is for the purpose of guidance and information, and for insuring insofar as is possible, that the petition is in conformity with these regulations. No petition for the site alteration or site development approval will be accepted for formal processing until the ~ planning services director has reviewed the petition to determine that all required data is included; a minimum of 30 days shall be allowed for this phase of the review process. County staff shall visit the site, where appropriate. 2.2.24.6.2. Review and recommendation by ~=~ele!ecwe~ planning services director, · w~,,,w,,,, cc,.m.m, Jc$1on and ,,,,,,~ ......,o~ ~,,i .... r- ......... ~, ......................... ., ...... decision by hearin.q examiner. The site alteration plan or site development plan shall be submitted to the de,,~efm=~ plannin.q services director who shall have it reviewed by the appropriate county staff. The planning services director shall then forward the site alteration plan or site development plan and the county staff recommendations to the 4of42 ~ ~'"'"- JUN 2 0 2001 ._ 2.2.24.6.3. hearing ~,-,,.,.,,--~,..,.~,~,~,-,,- ~ final determination by the examiner for review and ..................... -~r within thirt 30 da s ~"~'~*~'"' +~'" "'"'~'"';"" ""' ....... ~' Thc '"~"'"'""""' · · ---~ r"" A r'~ ~' ,"~, ~"~ ~, - -- - ~v, ,,..~ ~-~'' v~.~.~, , ~ ~'~ ~'~= ' Final actior~by ~'"""~ o~ ""'"'*" c~m"m":~i~ncr'~ Final action on the site alteration plan or site development plan lies with the~'"'~'~ cf ,-,.,-~;oo;,--,,-.s hearin.q examiner as action on an administrative matter. CC ................ The bosrd hea~in,q examiner shall review the proposed site alteration plan or site development plan ;'' ~ .... ' ...... ;,--, and shall act formally by -~so!,JtiC,'n, a written decision stipulating reasons for approval, or approval with modification, or denial of the site alteration plan or development plan. Sec. 2.2.26. Golden Gate Parkway Professional Office Commercial Overlay District (GGPPOCO): special conditions for the properties abutting Golden Gate Parkway east of Santa Barbara Boulevard as referenced in the Golden Gate Parkway Professional Office Commercial District Map (Map 2) of the Golden Gate Area Master Plan. 2.2.26.3.14. Variance request. Owners of isolated lots, as of February 5, 1991, (The Adoption of the Golden Gate Master Plan), may petition the bc3rd of · ...,,.,c3~s hearin.q examiner for a variance from the standards in this -"O~:~g ~-~,~, , ' , 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. The procedures and standards for granting such variance shall be similar to those set forth in section 2.7.5.6 and the Jollowing: The variance shall not confer on the petitioner special privileges denied to others in the same zoning district; the variance shall not be injurious to the surrounding neighborhood or otherwise detrimental to the public welfare; and the variance shall be the minimum variance that makes possible a reasonable use of the land, building or structure. Sec. 2,2.28. 2.2.28.3.3.2. Immokalee Overlay Districts. Owners of lots or combinations of lots having less than the required street · -,~,,-,,-,,~o hearin.q examiner for a frontage may petition the board cf zcn',ng --~-r- ...... 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. AGENDA ITEM NO._ -- JUN 2 0 2001 2.2.28.4.3.2. Owners of lots or combination of lots having less than the 150-foot of required frontage may petition the ~,,,,,r,~ ,,~ -,,-,,-,~ ....... '" hearing examiner for a variance from the standard in this sub-district as wil~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. Sec. 2.2.32. Santa Barbara Commercial Overlay District (SBCO). 2.2.32.3.14. Variance request. Owners of property within the Santa Barbara Commercial Overlay District may petition the ~,,--,-,~ ,-* zonir, g ..... ',- hearinq examiner for a variance from the standards in this district (Sec. 2.2.32.3.1. and Sec. 2.2.32.3.4-2.2.32.3.13) 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. The procedures and standards for granting such variances are as set forth in section 2.7.5.6. of this code. Sec. 2.2.33. Bayshore Drive Mixed Use Overlay District. 2.2.33.12 Parking Standards 10. 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 hearing examiner board of --,',,,;,-,,-, ...... ~ ,..-/.-,/,., .... ~ ~, ......... ~ cc'"'m'cc.on and under Section 2.3.5.3.3, shared parking spaces can be separated by Bayshore Drive provided the two properties are located with the BMUD. 2.2.33.20 d. Special conditions for marinas Height of structures may be increased to a maximum height of fifty (50) feet ~',, *~,,,, ~,,,or,~ ,-,~ zoning ..... ,.. f~Ta~ "'~ ............ ~-~ .... ~.----, v upon approval of a variance petition. ~ ]n addition to the findings in section 2.7.5, the hearing examiner shall consider the following: will a literal interpretation of the provisions of this zoning code impose a financial hardship on the applicant. ~,~A ,~ NO. 60f42 ~~ JUN 2 0 ['001 Sec. 2.3.4. Off-street vehicular facilities: design standards. 2.3.4.11. Locational requirements. Exemptions to Iocational requirements: Parking exemption · ,,-,.-,,-,-~- hearing examiner, after review 1. The bcard of zen:rig ,.,~,,~ and recommendation by the '"~""";"" ,-,-,-,-,-,-;o";'-n county staff, may approve a parking exemption under the following circumstances: (1) The permitted use and the proposed off-site parking lot are separated by a collector or arterial roadway; (2) The lot proposed for off-site parking is not zoned commercial; (3) Shared parking, in which two or more permitted uses utilize the same, or a portion of the same required parking. (4) Parking reservation, in which the petitioner believes that the number of required parking spaces is excessive and wishes to reduce the number of parking spaces required to be constructed, while reserving the land area for future parking spaces if determined necessary by the planning services director, or the bc~rd cc -'""'; .... ,-,,~,,~ hearing , ~v, ,,, ,~ ~.~1-'~'-'"'''''~'' . examiner. 2. The "~"""""" ""'"'"";"~';'"'" hearin.q examiner ~and thc bc~rd of "'""'; ....,,,~,,i. shall consider the following criteria for the ,_,.,, ,,, approval of a parking exemption: Sec. 2.3.16. Off-street parking and stacking: required amounts. Minimum off-street parking space requirements are set forth below. Where sta¢ required, the amount listed does not include the first vehicle being serviced (for ~lng [,~IENDA ITEM' '"' · NO. Inve-m JUN 3 0 2001 windows, stacking starts ten feet behind the middle of the pickup window) and is computed at 20 feet per vehicle (turns are computed at 22 feet per vehicle, measured at the outside of the driveway). Stacking for one lane may be reduced if the reduction is added to the other lane(s). Child care/day nursery/ adult day care center Church/house worship/temple/ Synagogue of 1 per employee of the largest workshift plus 1 space for every 10 children/adults. In addition, adequate dropoff and pickup areas shall be provided. 3 for each 7 seats in chapel or assembly area. Other uses are not counted except for residential uses. A reduction of this standard to a minimum of 1 space for each 4 seats, may be applied for in conjunction with an application for a site development plan, through the ~,,-,o,,4 ,.,~-.,.,,,~ ....... ~" hearin.q examiner after review and recommendation of the~.,,..,,-,l~,',,, ;,,,,,, ,,, ,~ comm!cclcn .county staff. This reduction will only be allowed for expansion created by congregational growth, for existing church buildings where the applicant can demonstrate a significant hardship exists. Sec. 2.4.5. Minimum landscaping required for vehicular use areas. 2.4.5.1. Applicability. The provisions of this section shall apply to all new off-street parking or other vehicular use areas. Existing landscaping which does not comply with the provisions of this code shall be brought into conformity to the maximum extent possible when: the vehicular use area is altered or expanded except for restriping of lots/drives, the building square footage is changed, or the structure has been vacant for a period of 90 days or more and a request for an occupational license to resume business is made. These provisions shall apply to all developments with the exception of single-family, two-family, mobile home dwelling units, and dwellings on individually platted lots. Any appeal from an administrative determination relating to these regulations shall be to the ~,,,,r,~ ,.,~ zc,-,i,-,g hearing examiner as an appeal of an administrative matter ,", ..... Prior to issuing occupancy permits for new construction, implementation and completion of landscaping requirements in off-street vehicular facilities shall be required. Where a conflict exists between the strict application of this division and the requirements for the number of off- street parking spaces or area of off-street loading facilities, the requirements of this division shall apply. AGENDA ITEM No. JUN 2 0 2001 Sec. 2.5.5. Permitted signs. 2.5.5.1.2. Real estate signs. The following signs classified as real estate signs shall be permitted in residential districts subject to the following: One ground sign with a maximum height of 6 feet or wall "For Sale," For Rent," or similar sign, with a maximum of four square feet in size, per street frontage for each parcel, or lot less than one acre in size. Said sign shall be located no closer than ten feet from any adjacent residentially used property and may be placed up to the property line abutting a right- of-way, provided it is a minimum of ten feet from the edge of pavement. (No building permit required.) One ground sign with a maximum height of 8 feet or wall "For Sale," "For Rent," or similar sign, with a maximum of 12 square feet in size, per street frontage for each parcel, or lot one to ten acres in size. (No building permit required.) One pole sign with a maximum height of 15 feet or wall "For Sale," "For Rent," or similar sign, with a maximum of 64 square feet in size, per street frontage for each parcel or lot in excess ten acres in size. Real estate signs shall not be located closer than 10 feet from any property line. in the case of undeveloped parcels where the existing vegetation may not allow the location of the sign 10 feet from the property line, the planning services director may allow a reduction in the amount of the required setback however, in no case shall said sign be located closer than five feet from any property line unless authorized by the bccrd cf -,,,,,~,,-. -~,~,,~'-~o hearing examiner through the variance process. 2.5.5.2. Signs within non-residential districts: 2.5.5.2.3. Real estate signs: The following signs classified as real estate signs shall be permitted in non-residential districts subject to the following: 1. One ground sign with a maximum height of 10 feet or wall "For Sale," "For Rent," or similar sign with a maximum area of twelve square feet in size per street frontage for each parcel, or lot less than one acre in size. (No building permit required.) 2. One ground sign with a maximum height of 10 feet or wall "For Sale," "For Rent," or similar sign, with a maximum 32 square feet in size, per street frontage for each parcel, or lot one to ten acres in size. (No building permit required.) - ^~,D^ NO._ -- JUN ~ 0 ?_001 9 of 42 I Pg'- One ground sign with a maximum height of 15 feet or wall "For Sale," "For Rent," or similar sign, with a maximum of 64 square feet in size, per street frontage for each parcel or lot in excess of ten acres in size, Real estate signs shall not be located closer than 10 feet from any property line, In the case of undeveloped parcels where the existing vegetation may not allow the location of the sign 10 feet from the property line, the planning services director may allow a reduction in the amount of the required setback however, in no case shall said sign be located closer than five feet from any property line unless authorized by the board cf zo~i,-,~,..~.~...,..,..~.- hearing examiner through the variance process. Sec. 2.5.11. Variances. The hearinq, examiner, ,....,..,k'"--'4,. ..,"'~ .-..,"'"";,,, ....... ,~ ...,.~...,..,..~" based upon the evidence given in public hearing¢ and the findings of the ,-.~'-,-~,~-,,- ' ' ~. ......... ~ com'~':"°:on hearin,q examiner should determine to the maximum extent possible if the granting of the variance will diminish or otherwise have a detrimental effect on the public interest, safety or welfare. A variance from the terms of this zoning code may be granted based on the requirements of section 2.7.5. or where it can be demonstrated that a sign has significant historic or community significance, and pursuant to the criteria and procedures set forth in section 2.7.5 of this code. In granting any variance, the....._,~.,',-~.~.. ,',~.., .-..,-'"'"",,, ....... ,~ ,-.~.~.....~,.,~" hearing examiner may prescribe the following: 1. Appropriate conditions and safeguards in conformity with this code or other applicable county ordinances. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this code. 2. A reasonable time limit within which the action for which the variance required shall be begun or completed or both. Sec. 2.6.10. Locational restrictions for businesses serving alcoholic beverages. 2.6.10.1.1. No such use shall be located within 500 feet of any established elementary, middle or high school, child care center, public library, church, public park, or public playground, unless a waiver of said distance requirement is granted by a b"'a~'4 ,",~ --,'.,-,~ ....... ~ ..... "'*~'"" the hearing examiner pursuant to section 2.6.10.3. This does not include beach access points. The distance of 500 feet shall be measured as the shortest distance between the lot on which the school, child care center, public library, church, public park or public playground is located and the lot on which the alcoholic beverages are to be sold, except that AGENDA ITEM No. JUN g 0 2001 2.6.10.3. 2.6.10.3.1. 2.6.10.3.4. establishments located in shopping centers shall be measured to the out.er wall of the establishment. Waiver of distance requirement. The hearinq,_ examiner .....~,~'"""~.. '''¢,-,, ~..,-'""';~'"',,, ,~, appeals may, by rcso!ution, grant a__waiver of part or all of the minimum distance requirement set forth in section 2.6.10. if it is demonstrated by the applicant and determined by the hearinq examiner,....,*,.-.~'"""~ .., '''~ .-.-.,,,,,~, ..... ~- that the site proposed for the sale and consumption of alcoholic beverages is separated from an established business whose primary function is the sale of alcoholic beverages for consumption on premises, school, child care center, public library, church, public park or public playground by natural or manmade boundaries, structures or other features which offset or limit the necessity for such minimum distance · ,. ....~'o decision to requirement. The hearing examiner's board of zen:rig ,..~.,.. .... waive part or all of the distance requirement shall be based upon the following factors: The nature and type of natural or manmade boundary, structure or other feature lying between the proposed establishment and an existing school, child care center, public library, church, public park or public playground io to which is determined by the hearin.q examiner bccrd c¢ zcmng .,~,~. .... lessen the need for the total 500-foot distance requirement. Such boundary,, structure or other feature, may include, but not be limited to, lakes, marshes, nondevelopable wetlands, designated preserve areas, canals, and major rights-of-way. Pdor to cOnsideration of such waiver by the hearing examiner bccrd of ..... ~- the applicant shall provide to the planning services ZOning ,-,r~, ..... director a written application for waiver of the distance limitation on an application form supplied by the planning services director, including a legal description of all applicable structures with a survey or boundary sketch to scale, and such other information which the applicant can supply which would assist the hearin.q examiner,,,,,~. ~h"""~ 0F, ,---.....~"'"";~'" ,~,r,-'-.'~""'~'"~"~ in its his evaluation pursuant to the factors set forth above. Upon receipt of the applicant's application and the applicable application fee established by the hearing, examiner board cf ....,~,,.~* ...... ....,,,,,,,.~..,..,,..,,,,;.-.-;,',-,'--~' a public hearing date shall be scheduled before the hearinq examiner board ~'~.,, .-..,-'""';'"",,,,~ ..... ~-' for a determination on the proposed waiver. The applicant shall notify, by certified mail, the owners Or representatives of the subject school, child care center, public library, church, public park or public playground, of the application at least 15 days prior to the public hearing; and evidence of such notification shall be supplied to the planning services director, --'~ Sec. 2.6.11. Fences. 11 of 42 AGENDA ITEM NO. JUN 2 0 2001 2.6.11.2.5. 2.6.11.5.3. Barbed wire, razor wire, spire tips, sharp objects, or electrically charged fen?es shall be prohibited, except that the hearinq examiner ~ ....... ~ appe21s may as an administrative matter, following recommendation by the planning services director, 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. Barbed wire is authorized within agricultural, commercial and industrial districts. Razor or concertina wire is not permitted except in the case of an institution whose purpose it is to incarcerate individuals, i.e., a jail or penitentiary, or by ~'*'--'~' +,', tho ~,,-,~,~ ,-,~ zoning ~-,~,-,~,~ ,-,~-~ .... approval of the hearing examiner of an administrative matter following recommendation by the planning services director. Sec. 2.6.21. Dock facilities. 2.6.21.3 Dock facility extension. Additional protrusion of a dock facility into any waterway .beyond the limits established in subsection 2.6.21.2 of this code may be considere~l appropriate under certain circumstances. The hearing examiner, at a duly advertised public hearinq, shall approve, approve with conditions, or deny, a dock facility extension request based on the criteria below. Advertisement of such hearing shall consist of, 1) publication of a notice of the hearing in a newspaper of general circulation in the county at least 15 days in advance of the hearinq; 2 posting of ~i.qn by the planning services director in full view of the public on the subiecl property; and ) notification by the planning services director of all owners of prope~¢ within 300 feet of the subject property. As to any boat dock extension petition upor~ which the headnq examiner takes action, pursuant to section 5.5.5. (b) 2. of thi.,., Code, an a.q.qr eyed petitioner or adversely affected property owner may appeal suct', final action as set forth in section 5.5.6 (a). The hearinq examiner shall base his or her decision for approval, approval with conditions, or denial, on an evaluation of th(; .following primary and secondary criteria. The application for a boat dock extensior, shall include the following: 1) a signed, sealed survey depicting mean high water, mean Iow water, and relevant water depths measured at no less than 5-fool increments; and 2) a chart, drawn to scale, of the waterway at the site, depicting tho waterway width, the proximity of the proposed facility to any adiacent navi.qablo channel, the proximity of the proposed facility to docks, if any, on the adiacent IotsL and the unobstructed waterway between the proposed facility and the opposite bank or any dock facility on the opposite bank. In order for the hearinq examiner approve the request, it must be determined that at least four (4) of the five (5) primary criteria, and at least four (4) of the six (6) secondary criteria, have been met. These criteria are as follows: 2.6.21.3.3. If deemed necessary based upon review of the above criteria, the h examiner may impose such conditions upon the approval of an exb 12 of 42 .... n'~ENDA ITEM ~nsi~:?. JUN 2 0 2001 request it deems as necessary to accomplish the purposes of this code and protect the safety and welfare of the public. Such conditions may include, but shall not be limited to, greater side setback(s), and provision of Ibht(s), additional reflectors, or reflectors larger than four inches. 2.6.21.4. Boathouse requirements: Boathouses includin )ofed structure built on a dock, may be approved by the the same procedures described in section 2.6.21.3; however, the criteria in section 2.6.21.3. shall apply only to simultaneous application for both a dock extension and a boathouse. In cases where the boathouse is to be constructed on an existing, legally permitted1 dock, these criteria shall not apply since the dock itself is already in compliance with the code. In cases, the fo owing additional criteria shall to boathouses, and all ot these criteria must be met in order for the approve the request · Sec. 2.6.27. Cjuster development. 2.6.27.4.6. Additional reduction to development standards for common architectural theme projects. Additional reduction to the development standards provided at sections 2.6.27.4.2, 2.6.27.4.3, 2.6.27.4.4 and 2.6.27.4.5 may be approved by *hc. r-,.,~..~.....,,,.., r-......,,.~+,, ,.,,.~,,,,,,,~~'-'"";~" ccmmlcslcn for projects defined as common architectural theme projects. In determining whether or not a project qualifies as a common architectural theme project, and if so, the amount of the reduction to develo standards which may be approved, the board of commissioners shall determine that all of the following design features are incorporated into the project: Sec. 2.6.28. Automobile service stations. 2.6.28.4. Waiver of d/stance requirements. The hearing examiner board cf zoning ..... ~o may, by .... ~,,*~,"," grant a waiver of part or all of the minimum separation requirements set forth in section 2.6.28. if it is demonstrated by the applicant and determined by the hearing examiner ~,....r,4,....,..,....~.., ----,"""';"'"',,,,u ~,-,-,,---'-' that the site proposed for development of an automobile service station is separated from another automobile service station by natural or man-made boundaries, structures or other features which offset or limit the necessity for such minimum distance requirements, The hearing examiner's ~,,,,r,~ ,-,~ -.,-...;,.,. ..... ~ decision to waive part or all of the distance requirements shall be based upon the following factors: 13 of 42 ¢_~ AGENi;;~ ITEM NO. JUN 2 0 2001 2.6.28.4.2. Additional conditions. The hearin.q examiner~,,.,,~.~"-"--'4~, ,-,¢,,. zoning ~,~,~,,.,,.,.,..'"' shall have the right to add additional conditions or requirements to its approval of a distance waiver request in order to insure compatibility of the automobile service station with the surrounding area and the goals and objectives of the Growth Management Plan. Sec. 2.6.35. Communications towers. 2.6.35.6.26 Additional findings for variance and conditional use applications. In addition to the findings for conditional use applications and variance applications as required in sections 2.7.4 and 2.7.5 respectively of this code, the following additional findings shall be mad~ by the ~lli~ County ~, ......... ~ ............... hearln.q examiner o~¢~r;.t , nt ~'iS~S s~e~-'appl~abl:e when cons~denng such apphcabons: Division 2.7. Zoning Administration and Procedures Sec. 2.7.2. Amendment procedures. 2.7.2.1. Purpose and intent. This zoning code and the official zoning atlas may, from time to time, be amended, supplemented, changed or repealed. Procedures shall be as follows: 2.7.2.2. Initiation of proposals for amendment. A zoning amendment may .be proposed by: 2.7.2.2.1. Board of county commissioners. 2.7.2.2.2. Planning commission. 2.7.2.2.3. Board of zoning appeals. 2.7.2.2.4. Any other department or agency of the county. 2.7.2.2.5. Any person other than those listed in subsections 2.7.2.2. 1-2.7.2.2.4 above; provided, however, that no person shah propose an amendment for the rezoning of property (except as agent or attorney for an owner) which he does not own. The name of the owner shah appear in each application. All proposals for zoning amendments shall be considered first by the planning commission or hearing examiner in the manner herein set out. All proposals for zoning amendments shall be submitted in writing to the office of the ~ planning services director accompanied by all pertinent information required by this zoning code and which m 14 of 42 ,~ ~-"- JUN S 0 ZOO1 required by the planning commission or hearing examiner for proper consideration of the matter, along with payment of such fees and charges as have been established by the board of county commissioners. No application for zoning amendment shall be heard by the planning commission or hearing examiner until such fees and charges have been paid. 15 of 42 JUN ~ 0 ZOO1 Sec. 2.7.5. Variance procedures. AGENDAITEM No. JUN 2 0 2001 '~'"" 2.7.5.1. Purpose. In specific cases, variance from the terms of this zoning code may be granted by the hearing examiner where said variance will not be contrary to the public interest, safety, or welfare and where owing to special conditions peculiar to the property, a diminution of a regulation is found to have no measurable impact on the public, interest, safety or welfare; or a literal enforcement of the zoning code would result in unnecessary and undue hardship, or practical difficulty to the owner of the property and would otherwise deny the property owner a level of utilization of his/her property that is consistent with the development pattern in the neighborhood and clearly has no adverse effect on the community at large or neighboring property owners, · ,- ....,~ ~--~ ..... *~-'~ evidence given in public The board of --.ch=rig ..~.~, .......... ~. ....... hearingT and the findings and conclusions of the u,..,.,,.i,.,, r,,-,.,.,,..,i.,..~,.,. hearing examiner should determine to the maximum extent possible if the granting of the variance will diminish or otherwise have detrimental effect on the public interest, safety or welfare. A variance from'the terms of this zoning code may be granted based on the requirements of this section. 2.7.5.4. Notice of P!cnn!ng Commission hearing examiner public hearing. Notice of public hearing before the,D"'""~"",-., ,, ,,, 'u .....,r'"~'""~"°~"", ,,,,,..,..,..,, hearing, examiner is given at least 15 days in advance of the public hearing. The owner of the property for which variance is sought, or his agent or attorney designated by him on his petition, shall be notified by mail. Notice of the public hearing shall be prominently posted on the property for which the variance is sought. Notice of the public hearing shall be advertised in a newspaper of general circulation in the county at least one time 15 days prior to the hearing. 2.7.5.5. Notice of the time and place of the public hearing before the ~ Ccmmlsclcn hearing examiner shall be sent at least 15 days in advance of the hearing by mail to all owners of property within 300 feet of the property lines of the land for which a variance is sought. ~,~,~.,,~ ,",.-..~""~"" hearing examiner pubfic hearing. The public hearing(s) shall be held by the,D~"'"~';'"",.~,,,,,,,U r',...m~...-~..,-,...,..,,,,,,,....,..,, hearing, examiner. Any party may appear in person, by agent or attorney, or may submit written comments to the Pp. lanning S_.~services Ddirector. 2.7.5.6. Findings. Before any variance sh=!! may be,...,..,,,,,,.,,,....,.'~'""""~"'~ ~"',..,,..~,,-., ° ....... ...,..,' *",-- +~"- bcard ''~ ""'"~"'"' ..... '-' approved the-,,..,~'"nnln'', ~ r.,.,,-,.,-,.;.-.-~,.,,.....,,,,,,,.,.,,..,, hearing, examiner ohag will consider and be guided by the following standards in making a determination: .~.2.7.5.7. Conditions and safeguards. 17 of 42 hearing examiner may JUN 2 0 2001 appropriate conditions and safeguards in conformity with this zoning code including, but not limited to, reasonable time limits within which the action for which the variance is required shall be begun or completed, or both. In the case of after-the-fact variances, ther..~.,,,,,,,~"'~""~ ...... -..-,,,,.,,---..--,,;~°~ hearin,q, examiner may ¢eeemme~ impose, as a condition of approval, that in the case of the destruction of the encroaching structure, for any reason, to an extent equal to or greater than 50 percent of the actual replacement cost of the structure at the time of its destruction, any reconstruction shall conform to the provisions of this Code in effect at the time of reconstruction. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this zoning code. 2.7.5.8. ~ ....... ~"*;"" of dDeniaL If the "~"""; .... mmisclcn hearing examiner recommends denial of denies a variance request, i~ the record shall state fully in its record....~*'o the hearinq examiner's reason for doing so. Such reasons shall take into account the factors stated in section 2.7.5.6, or such of them as may be applicable to the action of denial and the particular regulations relating to the specific variance requested if any. 2.7.5.9. Status of,.,..,"~"";, ..... ..... ~ m;~"';'"" hearinq examiner report and rezonin¢ recommendations. The report and recommendation of the ccmm~ccic'' hearinq examiner required above shall be final in all cases except those requests for variances which accompany and are a part of a petition for rezonin.q, in which case the report will be included with the hearing examiner's recommendation for the rezoninq request and be advisory only and shall not be binding upon the board of county commissioners ~; .- ~.~, ,,, ._.7....!! 2.7.5.12. = m ~,'1 ,~'~ I~u~. ~N T~=i~~ NO. JUN 2 0 2001 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 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 Additionally, no building or land alteration permit application shall be approved ~ t.,,~..~,,,,,,,~ ..,,,.,,. ~ , ~ , ~, ,v,,,,,~:~, ~ , ,~. ~ a written order from the ~"-"~-'~ '''~ -'""; ....... '-' "" *~"- fo-"- el--an administrative review of thc an interpretation: or variances from the hearinq examiner as provided by this code is obtained, or unless ~ ¢eeeive-a written order from a court or tribunal e¢ of competent jurisdiction is obtained. Article 3: DEVELOPMENT REQUIREMENTS Division 3.9. VEGETATION REMOVAL, PROTECTION, AND PRESERVATION Sec. 3.9.6. Review Procedures. 3.9.6.4. Exceptions. 19 of 42 AGENDA ITEM No. JUN 2 0 2001 3.9.6.4.8. The Collier County ~. ......... ~ commisslcn hearing examiner may grant a variance to the provisions of this section if compliance with the mangrove tree preservation standards of this division would impose a unique and unnecessary hardship on the owner or any other person in control of affected property. Relief shall be granted only upon demonstration by the landowner or affected party that such hardship is peculiar to the affected property and not self-imposed, and that the grant of a variance will be consistent with the intent of this division and the growth management plan. Article 5: DECISION-MAKING AND ADMINISTRATIVE BODIES DIVISION 5.1. BOARD OF COUNTY COMMISSIONERS Sec. 5.1.1. Powers and duties. In addition to any authority granted to the board of county commissioners by general or special law, the board of county commissioners shall have the following powers and duties: 5.1.1.1. To initiate, hear, consider, and adopt amendments to either, or both the text ,-,~ +~-,', r-,.,,;,., r,,.,,,,.,+,, ,-,.,.,,.,+~. ,.,...,.,~,.,,.,,~,,.,., ,-,i,.,-, ................... ~ ~ .............. ~ ........ ~. .... or the ~ ,4...~....,..~.,,,.~,,.~ ..... + ~'~'~'.......... future land use map of the Collier County growth, management plan. 5.1.1.2. To initiate, hear, consider, and adopt amendments to either, or both the land development code ~, ,, .... ~?,~ ........ ~ ,m.,,, ¢,,,.;~,, r,,.., ,,,~, ...... ,,~.. ....... ~ ........ ~, .... or the official zoning atlas of the land development code. 5.1.1.3. To designate and appoint hearing examiners or officers to make decisions or recommendations as the board may deem appropriate. 5.1.1.4. To act to ensure compliance with development orders or permits as approved and issued. 5.1.1.5. To establish reasonable fees to be paid by applicants to recoup the county's expenses and other costs and to reimburse the county for the administrative time and effort spent in accepting, processing, reviewing, or enforcing development orders, development permits, or any other development approvals or applications. 20 of 42 ~-~/ AGENDA ITEM No.__ JUN 2 0 2001 5.1.1.6. To take such other action not delegated to the planning commission, the board of zoning appeals, the hearing examiner, the building board of adjustments and appeals, or the heads of county departments, county divisions and county sections as the board of county commissioners may deem desirable and necessary to implement the provisions of the Collier County growth management plan, the land development code, and any other legitimate governmental interest. Sec. 5.1.2. Public participation. Participation before Board of matters. At pUblic hearings on zoninq matters includin( )ant or his representative at the will be afforded the right to address the board of county commissioners, but only as to the correctness of findings of fact or conclusions of law contained in the record, or to allege the discovery of relevant new evidence which was not known by the participant at the time of the before the hearin¢ examiner and not otherwise disclosed in the record. commissioners may orally question its staff its and an' who is present about matters contained in the written record and procedure. points of law or DIVISION 5.2. PLANNING COMMISSION* Sec. 5.2.1. Establishment and purpose. There is hereby established a planning commission. Sec. 5.2.2. Powers and duties. The planning commission shall have the following powers and duties: 5.2.2.1. To serve as the local planning agency (LPA), and land development regulation commission as required by F.S. §§ 163.3174 and 163.3194. 5.2.2.2. To prepare or cause to be prepared the ,Collier County growth management plan or element or portion thereof and to submit to the board of county commissioners an annual report recommending amendments to such plan, element or portion thereof. 5.2.2.3. To prepare or cause to be prepared the land development regulations and code to implement the Collier County growth management plan, and to AGENDA ITEM -- 21 0f42 Z/~ JUN 2 0 ZOO1 5.2.2.4. 5.2.2.5. 5.2.2.6. submit to the board of county commissioners an annual report recommending amendments to the land development code. To initiate, hear, consider and make recommendations to the board of county commissioners on applications for amendment to the text of the Collier County growth management plan and the land development code. To initiate, review, hear and make recommendations to the board of county commissioners on applications for amendment to the future land use map of the Collier County growth management plan or the official zoning atlas of the land development code. To make its special knowledge and expertise available upon reasonable written request and authorization of the board of county commissioners to any official, department, board, commission or agency of the county, state or federal govemments. 5.2.2.8. 5.2.2.7. To recommend to the board of county commissioners additional or amended rules of procedure not inconsistent with this division to govern the planning commission's proceedings. 5.2.2.8. To perform those functions, powers and duties of the planning commission as set forth in chapter 67-1246, Laws of Florida, incorporated herein and by reference made a part hereof, as said chapter has been or may be amended. 5.2.2.!0. 5.2.2.9. To consider and take final action regarding preliminary subdivision plats processed pursuant to the provisions of division 3.2. Sec. 5.2.3. Commission membership. 5.2.3.1. Qualifications. Members of the planning commission shall be permanent residents and qualified electors of Collier County. Although no specific experience requirements shall be necessary as a prerequisite to appointment, consideration shall be given to applicants who have experience or who have shown interest in the area of planning, zoning and related fields. Further consideration in the appointment of planning commission members shall be made so as to provide the planning commission with the needed technical, professional, business and/or administrative expertise to accomplish the duties and functions of the planning commission as set forth in this code. The appointment of all members to the planning commission shall be by resolution of the board of county commissioners. In the event that any member is no lc s....3c.r ~E,D^,TEM 22 of 42 NO. JUN 2 0 ZOO1 qualified elector or is convicted of a felony or an offense involving moral turpitude while in office, the board of county commissioners shall terminate the appointment of such person as a member of the planning commission. 5.2.3.2. Appointment. The planning commission shall be composed of nine members to be appointed by the board of county commissioners. 5.2.3.3. Initial appointments. Initial appointments to the planning commission shall be made by selection from those members and/or alternates serving on the Coastal Area planning commission and those members and/or alternates serving on the Immokalee Area planning commission immediately prior to the effective date of Ordinance 85-51. The board of county commissioners shall designate seven members from the regular members and/or alternates of the Coastal Area planning commission and two members from the regular members and/or alternates of the Immokalee Area planning commission. If, for any reason, there is an insufficient number of regular and/or alternate members from which to designate the membership of the planning commission, the board shall request and accept applications from the general public to complete the initial appointment of members to the planning commission. Initial members shall be appointed and designated pursuant to resolution of the board of county commissioners. 5.2.3.4. Reappointments. All reappointments to the planning commission shall be made so as to achieve the following geographical distribution of membership: One member: County Commission District No. 4. Two members: County Commission District No. 1. Two members: County Commission District No. 2. Two members: County Commission District No. 3. Two members: County Commission District No. 5 (one from Immokalee). Sec. 5.2.4. Terms of office. The initial terms of office of the planning commission shall be as follows: Three members shall be appointed for a term of two years. Three members shall be appointed for a term of three years. 23 of 42 ('~/' ? AGENDA ITEM No._ -- JUN 2 0 :;'001 Three members shall be appointed for a term of four years. Thereafter, each appointment or reappointment shall be for a term of four years. Each appointment and reappointment shall be made so that the terms of any two members from a single commission district shall not expire in the same year. At the first official meeting of the planning commission, the members of the planning commission shall decide, by mutual consent, and thereafter recommend to the board of county commissioners a term for each of the members that shall address the requirements of section 3.2.3 5.2.3 of this code. After consideration and approval of the recommendation of the planning commission, the board of county commissioners may set forth the recommendation in the form of a resolution. In the event that terms cannot be recommended for any reason, the board shall adopt such resolution as it determines to be appropriate. The resolution adopted by the board shall set forth the date of appointment, term and district for each member appointed. A member may be reappointed by the board of county commissioners for only one successive term, unless there are no other qualified applicants for the member's position. Appointments to fill any vacancy on the planning commission shall be for the remainder of the unexpired term of office. Sec. 5.2.5. Removal from office; failure to attend meetings. 5.2.5.1. Any member of the planning commission may be removed from office by a four-fifths vote of the board of county commissioners, but such member shall be entitled to a public hearing and reconsideration of the vote if he so requests in writing within 30 days of the date on which the vote is taken. 5.2.5.2. If any member of the planning commission fails to attend two consecutive planning commission meetings without cause, the planning commission shall declare the member's office vacant and the vacancy shall be filled by the board of county commissioners. Sec. 5.2.6. Officers; quorum; rules of procedure. 5.2.6.1. At its earliest opportunity, the membership of the planning commission shall elect a chairman and vice-chairman from among the members. Officers' terms shall be for one year, with eligibility for reelection. 5.2.6.2. The presence of five or more members shall constitute a quorum of the planning commission necessary to take action and transact business. In addition, a simple majority vote of at least five members present and voting shall be necessary in order to forward a formal recommendation of approval, approval with conditions, denial, or other recommendation to the board of county commissioners .... A(3ENDA IT~ NO.__ 24 of 42 ! JUN 2,0 ZO01 / t 5.2.6.3. The planning commission shall, by a majority vote of the entire membership, adopt rules of procedure for the transaction of business and shall keep a record of meetings, resolutions, findings and determinations. The planning commission may provide for transcription of such hearings and proceedings, or portions of hearings and proceedings, as may be deemed necessary. Sec. 5.2.7. Compensation. The members of the planning commission shall serve without compensation, but may be reimbursed for such travel, mileage and/or per diem expenses as may be authorized by the board of county commissioners. Sec. 5.2.8. Location of meetings. In order to provide convenience and promote public participation, meetings of the planning commission shall be held in the Immokalee area when matters pending before the planning commission are of sufficient concern to the Immokalee area to warrant such a meeting. The planning commission shall, by majority vote, make such determination at one of its regularly scheduled meetings well enough in advance to allow sufficient time to advertise such Immokalee meeting. All other meetings shall be held at the Collier County Government Center, Naples, Florida, unless otherwise specified by the planning commission or board of county commissioners. Sec. 5.2.9. Staff. The """"'"" ""*" '~ .... ~ ..... * planninq services division shall be the professional staff of the planning commission. Sec. 5.2.10. Meetings. 5.2.10.1. The planning commission may, from time to time, adopt and amend bylaws and rules of procedure not inconsistent with the provisions of these regulations. Such proposed rules of procedure shall be considered as if they were amendments to this article. 5.2.10.2. All meetings and hearings of the planning commission shall be open to the public. 5.2.10.3. Public hearings shall be set for a time certain after due public notice. Sec. 5.2.11. Appeals. As to any I-,,,~ ,~ .... , ..... * -,'-*;*; ....... ~;"'~+;"~' action upon which the planning commission takes final action, an aggrieved petitioner, applicant or an aggrieved party may appeal such final action to the board of county commissioners. An agg NO, JUN 2 0 2001 adversely affected party is defined as any person or group of persons which will suffer an adverse affect to an interest protected or furthered by the Collier CoUnty growth management plan, land development code, or building code(s). The alleged adverse interest may be shared in common with other members of the community at large, but shall exceed in degree the general interest in community good shared by all persons. The board of county commissioners may affirm, affirm with conditions, reverse or reverse with conditions the action of the planning commission. Such appeal shall be filed with the ~ planning services director within 30 days of the date of the final action by the planning commission and shall be noticed for hearing with the board of county commissioners, as applicable, in the same manner as the petition or application was noticed for hearing with the planning commission. The cost of notice shall be borne by the petitioner, applicant or aggrieved party. DIVISION 5.3. BOARD OF ZONING APPEALS* Sec. 5.3.1. Establishment and purpose. There is hereby established a board of zoning appeals. Sec. 5.3.2. Powers and duties. The board of zoning appeals shall have the following powers and duties: 5.3.2.1. To hear, review and approve, approve with conditions, or deny appeals from interpretations made by the ~eve!ef~¢~ planning services director or the long range planning director or administrative decisions pertaining to the growth management plan, the future land use map, the land development code, or the official zoning atlas by the ~ planning services director or the long range planning director or their designees. 5.3.2.3.5.3.2.2. To make its special knowledge and expertise available upon written request and authorization of the board of county commissioners to any official, department, board, or commission of the county. ~5.3.2.3. To recommend to the board of county commissioners additional or amended rules of procedure not inconsistent with this division to govern the board of zoning appeals' proceedings. 26 of 42 ¢~) AGENDA ITEM NO.__ JUN 2 0 2001 5.3.2.5.5.3.2.4. To perform those functions, powers and duties of the board of zoning appeals as set forth in chapter 67-1246, Laws of Florida, incorporated herein and by reference made a part hereof, as said chapter has been or may. from time to time be amended. Sec. 5.3.3. Board membership. 5.3.3.1. Qualifications. Members of the board of adjus.tmeR~ zoning appeals shall be qualified electors in Collier County and residents of the county for two years prior to appointment. In the event that any member is no longer a qualified elector or is convicted of a felony or an offense involving moral turpitude while in office, the board of county commissioners shall terminate the appointment of such person as a member of the board of zoning appeals. 5.3.3.2. Appointment. The board of county commissioners may appoint a board or boards of zoning appeals for its planning area or areas, or may act as such board or boards of zoning appeals itself. Boards of zoning appeals shall have not less than five nor more than ten members. Not more than two members of a board of zoning appeals may be members of a planning commission. Sec. 5.3.4. Terms of office, removal and vacancies. Unless the board of county commissioners acts as a board of zoning appeals, then terms of office, removal from office and vacancies shall be treated as follows: 5.3.4.1. Terms. Terms of office of members of the board of zoning appeals shall be for not less than two nor more than four years, and not more than a minority of such members' terms shall expire in any one year. 5.3.4.2. Removal Any member of a board of zoning appeals may be removed from office for just cause by four-fifths vote of the full membership of the board of county commissioners, but such member shall be entitled to a public hearing if he so requests in writing within 30 days of the date upon which the vote is taken. 5.3.4.3. Vacancy. Wherever a vacancy occurs on a board of zoning appeals which reduces the membership of the board of zoning appeals below five, the board of county commissioners shall fill such vacancy for the remainder of the term, within 30 days after the vacancy occurs. No meetings of a board of zoning appeals shall be held when the membership is less than five. Sec. 5.3.5. Officers, employees and expenses. 27 of 42 AGENDA ITEM No. ,. JUN 2 0 ZOO1 5.3.5.1. Boards of zoning appeals shall elect a chairman and vice-chairman from among the members, and may create and fill such other officers [offices] as are determined to be necessary. Terms of all offices shall be for one year, with eligibility for reelection. 5.3.5.2. Boards of zoning appeals shall adopt rules for the transaction of business, and shall keep a record of resolutions, transactions, findings, and determinations. Boards of zoning appeals may provide for transcription of such hearings and proceedings, or portion of hearings and proceedings, as may be deemed necessary. All such records shall be public records. 5.3.5.3. Boards of zoning appeals may, subject to the approval of the board of county commissioners and within the financial limitations set by appropriations made or other funds available, employ such experts, technicians and staff as may be deemed proper, pay their salaries and make such other expenditures as are necessary to conduct the work of the board of zoning appeals and effectuate its purposes. 5.3.5.4. Members of boards of zoning appeals may receive such travel and other expenses while on official business for the board as are made available by the board of county commissioners for these purposes. Sec. 5.3.6. Appropriations, fees and other income. The board of county commissioners is hereby authorized and empowered to make such appropriations as it may see fit for the conduct of the work of the board of zoning appeals. The board of county commissioners is authorized and empowered to establish a schedule of fees, charges and expenses, and a collection procedure therefor. Sec. 5.3.7. Staff. ............. ¢ ...... ,., ....... planninq services division shall be the professional staff of the board of adjustment. Sec. 5.3.8. Quorum and voting. No meeting of the board of zoning appeals shall be called to order, nor may any business be transacted by the board of zoning appeals without a quorum consisting of at least three members of the board of zoning appeals being present. All actions shall require a simple majority of the members of the board of zoning appeals then present and voting ..... , ~ .... ,,,4~,..,-,,,,,~ ........ ~'~"~' require ~ ..... m,.~,~,~ ...... ,,.,,. Sec. 5.3.9. Meetings. AGENDA ITEM No. ,= JUN 2 0 2001 5.3.9.1. Meetings of the board of zoning appeals shall be held as needed to dispose of matters properly before the board and may be called by the chairman or in writing by three members of the board of zoning appeals. 5.3.9.2. The location of meetings shall be in county offices in Naples. If a matter is postponed due to lack of a quorum, the chairman shall continue the meeting as a special meeting to be held within seven days thereafter. In case of delays caused by other reasons, the hearing shall be rescheduled to the next board of zoning appeals meeting. The secretary shall notify all members of the date of the continued hearing'and also shall notify all parties. Sec. 5.3.10. 5.3.10.1. 5.3.10.2. Operating procedures. The board of zoning appeals may, from time to time, adopt and amend bylaws and rules of procedure not inconsistent with the provisions of these regulations. Such proposed rules of procedure shall be considered as if they were amendments to this article. All meetings and hearings of the board of.~,~,~...,'~'~:' '"+""""'+,,.., ,. zonin.q, appeals shall be open to the public. 5.3.10.3. Public hearings shall be set for a time certain. DIVISION 5-,5. HEARING EXAMINER Sec. 5.5.1. Office established. Pursuant to the powers set forth in section 5.1.1.3., the office of hearin.q examiner is hereby established. The hearing examiner shall have the powers and authority set forth in this division. Sec. 5.5.2. Appointment; qualifications. The board of county commissioners shall appoint the hearing examiner, and may, as necessary, appoint any deputy hearing examiners or hearing examiners pro tempore. Such hearing examiners shall hold their positions at the pleasure of the board of county commissioners. Appointment to, removal from, and qualifications for, such offices shall be according to an administrative code specifically covering this subiect matter. Sec. 5.5.3. Funding. The board of county commissioners shall establish the office of the hearing examiner and appropriately budget such office annually. AGENDA iTEM JUN 2 0 Z001 Sec. 5.5.4 Conduct of meetinqs; reports and records. (a) Rules of procedure. The board of county commissioners shall adopt rules for transaction of hearinq examiner business and the hearing examiner shall conduct all required hearinqs or meetings pursuant to the provisions of applicable regulations and administrative codes of the board of county commissioners. (b) Meetinqs. Meetinqs for the purpose of holdinq public hearings shall be scheduled, noticed, and conducted pursuant to any applicable administrative codes and the provisions contained in this Code. (c) Participation before hearinq examiner. At a public hearinq before the hearing examiner, all persons will be heard as participants. However, the hearing examiner has the riqht to refuse to hear testimony which is irrelevant, repetitive, defamatory, or spurious, and to establish reasonable time limits on testimony. (d) Reports of decisions. After a public hearing is held, the hearing examiner shall make a written report of his decision in accordance with the rules and procedures set forth in this Code and any applicable administrative code, and provide a copy of the report of decision to all parties of record, includinq participants, appropriate county staff, includin.q the county attorney and the county manager, and the Board of County Commissioners. (e) Records. (1) The hearinq examiner shall provide for a court reporter at all proceedings. At a minimum, a summary of testimonies shall be provided in the report of decision itself or as a separate document in addition thereto. Complete transcripts of the entire record shall be provided only at an appellant's request, and the appellant shall bear the costs thereof. (2) The hearinq examiner shall keep indexed records of all meetinqs, agendas, findings, determinations, and reports of decision. Such records shall be public records. Attendance at hearinqs. The hearing examiner may request staff members with personal knowledqe of relevant facts to attend hearinqs and produce relevant documents, and shall advise the county manaqer of any failure to comply with his requests. Sec. 5.5.5. Functions and authority. (a) Action on administrative matters: (1) Administrative recommendations, hearin.q examiner decisions. After staff review and written recommendation on an administrative a NO. JUN g 0 ; 001 (2) (3) directed by a specific provision of this Code to be decided by the hearing examiner, a written final decision will be rendered by the hearing examiner within thirty (30) days of such meeting, in reaching his decision, the hearing examiner must consider: the criteria for the type of application being requested, in particular, those factors set forth in the recommendation of staff; 2. testimony from the applicant; and.. 3. testimony from any members of the public. Administrative appeals, hearing examiner decisions. After staff or the planning services director's review and determination on those administrative applications which do not otherwise require a public hearing, but by specific provision of this Code may proceed directly to the hearing examiner for review on appeal, will result in final decision by the hearing examiner within thirty (30) days. Judicial review. Judicial review of final decisions of the hearing examiner with respect to administrative matters are to the circuit court in accordance with sec. 5.5.6. Variances. (1) (2) (3) Function. The hearing examiner will hear and decide all requests for variances from the terms of the regulations or restrictions of the zoning code and such other codes or ordinances as may be assiqned to him by the Board of County Commissioners, except that no use variance may be heard or considered. Considerations. In reaching his decision, the hearing examiner must consider: ao the criteria for the type of variance being requested, in particular those set forth in section 2.7.5, Staff recommendations; Testimony from the applicant; and Testimony from the public. Findin.qs. Before granting any variance, the hearing examiner must make a finding with respect to each of the criteria set forth in sec. 2.7.5.6. AGENDA ITEM' -- JUN 2 0 2001 (4) Authority. The hearinq examiner has the authority to grant, deny, or modify any request for a variance from the requlations or restrictions of this Code as specifically set forth in sec. 2.7.5.1.1.; provided, however, that no use variance as defined in this code, or any variance from definitions or procedures set forth in this Code, may be granted. bo In reaching his decision, the hearing examiner has the authority to attach conditions and requirements necessary for the protection of the health, safety, comfort, convenience and welfare of the general public. The conditions or requirements must be reasonably related to the variance requested and conform to the requirements of sec. 2.7.5.7. All decisions of the hearinq examiner concernin.q variances filed as part of a ~en~t,~oBat~¢,use petition must be in the form of a written recommendation to the board of county commissioners (5) Judicial review. Judicial review of final decisions of the hearinq examiner with respect to variances are to the circuit court in accordance with sec. 5.5.6. AGENDAITEM No.,, JUN 2 0 2001 (d) Authority of hearing examiner decisions-recommendations. a. b~ The hearin ;xaminer not recommend the of a (e), (5). is more restrictive and the uses bein.q approved are less intense and otherwise permitted within the corresponding land use classification as set forth in the growth management plan. c. In reaching his decisions, the hearing examiner has the authority to -- recommend or impose appropriate and reasonably relatea condit!ons a?d requirements to be attached to any request for a ~6n~i!6~l'~:~!~::6r variance1 as may be applicable. Decisions. All decisions of the hearing examiner concerning ~~ ~i~ffe~§ will be in the form of a written recommendation to the board of county commissioners. Decisions will be delivered or mailed by the hearing examiner to all parties of record, including participants, each individual county commissioner, the county attorney, and the county manager, on the date it is rendered or on the next regular workina day thereafter. ~x¢~{: ~:i~.~e~ i~i~ii~iii~i;0n~i~i~.:~i~.; only a participant Or hi~' representative will be afforded the right to address the board of county commissioners at any subsequent hearing considering such recommendations. Notice of intent to deny based on insufficient information. 33 of 42 AGENDA ITEM NO. JUN ,3 0 2001 (1) If the hearing examiner intends to deny or recommend denial of an application described in subsections (a) through (d) of this section based on the applicant's failure to provide information adequate in scope and detail to address particular issues, he may, in his discretion, send a notice of intent to deny based on insufficient information to all participants in lieu of a denial or a recommendation to deny the application. The notice must state the issues on which additional information is necessary and must direct the applicant to indicate within ten working days whether he intends to provide the information and the date upon which the information will be provided (not to exceed 30 working days). (2) If the applicant does not respond affirmatively within ten working days of the date of the notice, the hearing examiner must prepare and submit a recommendation or decision, whichever is applicable, denying the application to the board of county commissioners and all participants. If the applicant does respond affirmatively, the hearing examiner must send a copy of the response to all participants of record alonq with a notice of a new hearinq date, at which time the new evidence will be considered. (3) The applicant must submit all of the new evidence provided in accordance with this section to the zoninq staff, who will review it and prepare a supplementary staff report addressing only those issues to which the new evidence is relevant. (4) The hearinq followinq the receipt of the new evidence will be limited to those issues to which the new evidence is relevant. (5) No applicant will be entitled to more than one notice of intent to deny based on insufficient information. Sec. 5.5.6. Final decision;/udicial review. (b) Unless otherwise specified, the decision of the hearinq examiner will be final only on administrative matters or variances which are not part of a rezoninq or other development approval request which requires final decision by the board of county commissioners. Judicial review of a final decision of the hearing examiner concerninq such administrative matters or variances will be in circuit court. Jurisdiction for review of any final decision of the hearinq examiner lies exclusively in circuit court. This review may only be obtained throuqh filing a petition for writ of certiorari in accordance with code of laws section 250-60 and pursuant to the Florida Rules of Appellate Procedure. Any such petition must be filed within 30 calendar days after the decision has been rendered. For the purposes of this section, a decision is "rendered" as of the date when it is reduced to writing, signed and dated by the hearinq examiner. Decisic JUN ~ 0 ZOO1 _.... (d). delivered or mailed by the hearing examiner on the date it is rendered or on the next re.qular working day thereafter. The person makinQ application to the hearing examiner for any final decision that is entitled to judicial review, is a necessary and indispensable party to any actio~ seeking iudicial review. This section is not intended to preclude actions pursuant to §163.3215. Sec. 5.5.7. Unauthorized communications with hearin.q examiner. F,S. §70.51 or (a) Definitions. The following words, terms and phrases, when used in this section, will have the meanings ascribed to them in this section, except where the contex[ clearly indicates a different meaning:. Application and appeal mean any matter lying within the jurisdiction of the hearing examiner and any application for rezoning which will be or is scheduled to be heard by the Board of County Commissioners. Hearing examiner means the county hearing examiner or any member of his or her staff, includinQ hearin.q examiners pro tempore. Unauthorized communication means any direct or indirect communication in any form, whether written, verbal or graphic, with the hearing examiner, or the hearing examiner's staff, by any person outside of a public hearing and not on the record, conceming substantive issues in any proposed or pending matte, relating to variances, conditional uses, or any other matter assigned by statute, ordinance, or administrative code to the hearing examiner for discussion o,' recommendation, except as may otherwise be permitted in the county administrative code. (b) Unauthorized communications prohibited. (1) (2) No person shall knowingly have, or attempt to initiate, an unauthorized communication with a hearing examiner, including members of the hearin.q examiner's staff, concerning substantive issues relating to a pending o~' proposed variance or zoning application. (3) No member of the board of county commissioners shall knowingly have or attempt to initiate an unauthorized communication with a hearing examiner concerning any substantive issue relating to an application which will be o~' is currently before a hearing examiner for consideration. Neither the hearing examiners nor any member of their staff shall knowingly have or attempt to initiate unauthorized communication ~vi;.i, board of county commissioners concerning substantive issue; in 35 of 42 5"- ~ JUN ~, 0 2001 application which will be or is pending for the hearinq examiner's consideration. However, the hearing examiners may communicate with the board of county commissioners concerninq procedural matters and the administration of their office. (4) The hearing examiners shall scrupulously avoid improper influences in their deliberations. They shall not initiate or consider an unauthorized communication concerninq a pending application. (5) In reaching a decision, a hearing examiner may obtain the written advice of a disinterested expert other than another county hearing examiner or employee of the county (except a member of the hearinq examiner's staff) concernin.q a matter of law, planninq, or zoning applicable to a proceeding before him. A hearinq examiner must .qive notice of his intention to solicit such advice to all interested participants who appeared at the public hearing personally, by agent or throuqh counsel, or have filed documents or statements in the public record under consideration in the pending matter. Once such advice has been received, the hearinq examiner will then for~vard copies of the written advice received as a result of his request to each participant; and afford all interested participants reasonable opportunity to respond to and rebut the advice on the record prior to renderinq his decision. The opportunity to respond may include a noticed public hearinq granted at the hearing examiner's sole discretion when a written request for same has been filed with a participant's response demonstratinq how a participant may be preiudiced or irreparably harmed if such hearing is not afforded. (6) If an unauthorized communication is knowingly made or attempted to be made to a hearinq examiner or a member of the hearing examiner's staff, such communication shall be publicly disclosed, placed in the public record, and reported by filing a citizen's complaint with the citizen's complaint division of the county sheriff's department or by filing a complaint directly with the state attorney's office on forms to be made available by the hearing examiner's office. If, in their opinion, the attempted or completed unauthorized communication has preiudiced a hearinq examiner's ability to decide a case based obiectively and exclusively on the record of public proceedinqs, the hearinq examiner shall immediately recuse himself and abstain from participating in any consideration of the pending matter. Failure to disclose the receipt of an unauthorized communication is a violation of this section and shall subiect the hearing examiner or his staff to the penalties described in this section. (7) Any unauthorized communication received by a member of the hearinq examiner's staff concerninq a pending matter and prior to the hearinq on such matter shall be copied or transcribed, if necessary, and entered into the record of the pending proceedinqs. Copies of any un~ 36 of 42 5-"~ Lmholalil~t~ ITEM JUN 0 ; 001 communication shall be furnished to all interested parties of record. In establishing rules of procedure for the hearing examiner's office, the hearinq examiner and board of county commissioners shall set filinu deadlines prior to each hearing after which no further submittals, except those presented at the hearing, will be included in the public record for consideration by the hearing examiner. Any materials received after this date will be returned. All items submitted for inclusion in the public record within the adopted timeframes must be forwarded to the hearing examiner's office. Items not included in the public record or presented a[ the hearing will not be considered by the hearing examiner or the board o1' county commissioners. (8) Nothing set forth in this section shall prohibit the discussion of any pending or proposed cases or appeals by and between hearing examiners or between a hearing examiner and any employee of the office of the hearing examiner. Penalties. Any person who knowingly makes or attempts to initiate an unauthorized communication to or with a hearing examiner or a member of the hearing examiner's staff, or any hearing examiner or his staff who fails to publicly disclose and report an unauthorized communication or an attempt to initiate an unauthorized communication, shall be subject to any, or all, of the followin.q penalties: (1) Criminal penalties. Such person shall be subiect to punishment as provided in section 1.9.6 (2) Civil penalties. Such person shall be subject to: a. R~vocation, suspension, or amendment of any permit, variance, ~ -- ~i~!~!i~a~i granted as a result of the hearing examiner action which is the subject of the unauthorized communication. (3) b_ Any other relief available at law or equity. Each unauthorized communication or attempt to initiate an unauthorized communication shall constitute a separate offense under the provisions o,' this section. DIVISION 5.13. ENVIRONMENTAL ADVISORY COUNCIL Sec. 5.13.2. Authority, functions, powers and duties. · 5.13.2.1. The EAC obtains its jurisdiction, powers, and limits of authori board of county commissioners, hereinafter referred to as the ~,~-' ~ 37 of 42 ~_J JUN pursuant to this code, shall act in an advisory capacity to the board in matters dealing with the regulation, control, management, use or exploitation of any or all natural resources of or within the county and the review and evaluation of specific zoning and development petitions and their impact on those resources. 5.13.2.2. The EAC will function to: (1) Advise on the preservation, conservation, protection, management and beneficial use of the physical and biological natural resources (atmospheric, terrestrial, aquatic and hydrologic) of the county in regard to the safety, health and general well-being of the public; (2) Advise and assist the county staff and board toward developing the purpose, intent and criteria of all county ordinances, policies, programs and other initiatives dealing with natural resources. (3) Provide written and oral reports directly to the board regarding recommendations on matters dealing with the protection of natural resources. (4) Review and recommend stipulations addressing the preservation, conservation, protection, management and beneficial use of the county's physical and biological natural resources (atmospheric, terrestrial, aquatic and hydrologic) for petitions and/or plans for selected development orders, including but not limited to rezones, developments of regional impact, provisional uses, subdivision master plans and planned unit development amendments that are directed to the EAC by county ctaff, the board provisions of this Code. 5.13.2.3. The powers and duties of the EAC are as follows: (1) Identify, study, evaluate, and provide technical recommendations to the board on programs necessary for the conservation, management and protection of air, land, and water resources and environmental quality in the county. (2) Advise the board in establishing goals and objectives for the county's environmental conservation and management programs. (3) Advise the board in developing and revising, as appropriate, local rules, ordinances, regulations, programs and other initiatives addressing the use, conservation and preservation of the county's natural resources. (4) Advise the board in the implementation and development of the growth management plan regarding environmental and natural resource issues. (5) Advise the board in identifying and recommending solutions to existing environmental issues. 38 of 42 ann f~ ~f, ~r,', - ~,G~I~II~A ITEM No, JUN 2, 0 z001 (6) (7) Serve as the technical advisory committee to advise and assist the county in the activities involved in the development and implementation of the county environmental resources management program as stated in policy 1.1.1 of the conservation and coastal management element of the growth management plan. Implement the water policy pursuant to chapter 90, article II of this the code of laws and ordinances, as directed by the board of county commissioners. (8) (9) (10) Provide an opportunity for public comment on environmental issues, ordinances and programs. Implement the provisions of the conservation and coastal management element of the county's comprehensive Plan during the review process for development petitions and/or plans. Participate in the review and recommendation process for excavations over 500,000 C.Y., as provided for in division 3.5. (11) Assist in the implementation of any new programs, ordinanCes and/or policies adopted by the board which deal with the conservation, management and protection of air, land, water and natural resources and environmental quality in Collier County. /'1 \ (-1-3) (12) Function as an environmental impact statement (ELS) review board pursuant to division 3.8. {-1-4-)(13)The EAC shall present an annual report to the board at a regular board meeting in May of each year. The report shall list the EAC's achievements for the prior year, present its objectives for the coming year and highlight environmental issues that need further study. Sec. 5.13.6. Scope of land development project reviews. The EAC shall review all land development petitions which require the following: an environmental impact statement )er section 3.8 of the LDC; all develo ~nts of regional im The EAC shall also review any petition which requires approval of the Collier County Planning Commission (Ci 39 of 42 JUN 2 0 2001 the board of county commissioners (BCC) where staff receives a request from the chairman of the EAC, CCPC or the BCC_for that petition to be reviewed by the EAC. Any petitioner may request a waiver to the EAC hearing requirement, when the following considerations are met: 1) no protected species or wetland impacts are identified on the site; 2) an ElS waiver has been administratively granted; 3) ST zoning is present and an administrative approval has been granted; or 4) an ElS was previously completed and reviewed by staff and heard by a predecessor environmental board, and that ElS is less than five years old (or if older than five years, has been updated within six months of submittal) and the master plan for the site does not show greater impacts to the previously designated preservation areas. The surface water management aspects of any petition, that is or will be reviewed and permitted by South Florida Water Management District (SFWMD), are exempt from review by the EAC. Sec. 5.13.7.-Appea/; Reimbursement of expenses. Members of the EAC shall serve without compensation, but shall be entitled to receive reimbursement for expenses reasonably incurred in the performance of their duties upon prior approval of the board of county commissioners. Sec. 5.13.9-8. Review process. This EAC shall be reviewed for major accomplishments and whether it is serving the purpose for which it was created once every four years commencing with 2003 in accordance with the procedures contained in Collier County Ordinance No. 86-41, as amended. [Code ch. 2, art. VIII, div. 2]. 40 of 42 ~ / AGENDA ITEM No. JUN 2 0 2001 Article 6: DIVISION 6.3 DEFINITIONS Participant: means any person who appears at a hearing examiner proceeding, in person or through counsel or authorized representative and provides legal argument, testimony, or other evidence. A participant is entitled to receive a written notice of thu hearing examiner's decision or recommendation. This term includes county staff and thu applicant where appropriate. Status as a participant under this Code is not intended tu enhance, or diminish a person's standing in other legal proceedings, and as such will no[ alter a person's standing under the common law or other applicable procedural rules foP' civil, administrative, appellate, or other proceedings... Unauthorized communication: means any direct or indirect communication, in any form, whether written, verbal or graphic, with the hearing examiner or the hearing examiner's staff, by any person outside of a public hearing and not on the record, concernin.q substantive issues in any proposed or pending matter relating to variances, conditional uses, rezoninc~s, or any other matter assigned by statute, ordinance, or administrativu code to the hearing examiner for decision or recommendation, except as otherwisu permitted. SECTION SIX: EFFECTIVE DATE [add to the end of the existing Ordinance text] . . . except that Section 3.L. of these Land Development Code amendments will not become effective until such date as the Board of County Commissioners establishes by resolution passed with at least a four-fifths majority vote. On that effective date, unless another date is otherwise specified in said resolution, all applications, requests, petitions, or other forms of development approval that are deemed sufficient by the County Manager will be considered and reviewed as set forth in Section 3.L., and the then current Code, ordinances, and laws, except that those projects already heard, or properly advertised to be heard, by the environmental advisory council or planning commission, or both, as of the effective date set forth in the above-stated resolution will be heard, reviewed, and considered under those rules, regulations, and procedures in effect immediately prior to said effective date. Any such project which fails to be fully heard and have a final decision rendered by the County within six months from said effective date will be deemed denied without prejudice, and will subsequently be considered and reviewed under the then current rules, regulations, and procedures of this Code, and other applicable ordinances or laws. Either the resolution referred to above, or an executed copy, will immediately be recorded by the Clerk of the Board in the Official Records of Collier County, thereafter, a certified copy of said recorded resolution will be orware~A~,M NO. -- JUN 2 0 Z001 41 of 42 ~::~. 1 ~ '~ to the Secretary of State for filing. The failure to record or file said resolution will not otherwise act to invalidate or delay the effective date for these regulations. 42 of 42 ~ / ~,~ AGENDA ITEM NO. JUN 2 0 2001 ORIGIN: AUTHOR: DEPARTMENT: LDC PAGE: LDC SECTION: Community Development and Environmental Services Division Ronald F. Nino, Current Planning Manager Planning Services LDC 1.28 Section 1.19.1 CHANGE: To allow the County Board of Commissioners the opportunity to amend the Collier County Land Development Code on other than the two cycles otherwise provided by Section 1.19.1. REASON: It has become apparent that from time to time amendments to the LDC are of such importance that they should not be delayed to the twice-yearly cycle. The County Board of Commissioners should not be constrained from amending the Land Development Code for matters that super majority of the members feel is immediately necessary. FISCAL & ORIENTATION IMPACTS: None. RELATED CODES OR REGULATIONS: None. SEC. 1.19.1 Timing. Amendments to this code may be made not more often than two times during any calendar year as scheduled by the qounty manager, except: 1.19.1.3 x. ,~. ......~' ~- emergency, A dm ............... amen ents to this code may be made more often than twice during the calendar year if the Collier County Board of County Commissioners, by at least a super-majority vote, directs that additional amendments be made for specific purposes. AGENDAITEM NO. JUN 2 0 ZOO1 ORIGIN: Code Enforcement AUTHOR: Michelle Arnold, Director DEPARTMENT: Code Enforcement LDC PAGE: 2:13 & 2:19 LDC SECTION: 2.2.2.2.1. (2) & 2.2.3.2.2. (3) CHANGE.' Limit the number of male fowl or poultry to 5 REASON: This is to address the issue of the raising of fighting cocks by persons living in areas zoned Rural Agricultural and the Estates district. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None Sec. 2.2.2. Rural agricultural district (A) Sec. 2.2.2.2.1. Permitted uses Agricultural activities, including, but not limited to: crop raising; horticulture; fruit and nut production; forestry; groves; nurseries; ranching; beekeeping; poultry and egg production; milk production; livestock raising, and aquaculture for native species subject to the State of Florida Game and Freshwater Fish Commission permits. The following permitted uses shall only. be allowed on parcels 20 acres in size or greater: dairying; ranching; poultry and egg production; milk production; livestock raising; and animal breeding, raising, training, stabling or kenneling. This is not to preclude an individual property owner from the keeping of fowl or poultry, not to exceed 25 in total number, of which only 5 may be male and the keeping of horses and livestock (except for hogs) not to exceed two such animals for each acre, and with not open feedlots, for personal use and not in association with commercial agricultural activity on parcels less than 20 acres in size. The raising or keeping of any animal for the purpose of engaging them in fighting is prohibited. Sec. 2.2.3. Estates district (E) Sec. 2.2.3.2.2. Uses Accessory to permitted uses. Keeping of fowl or poultry, not to exceed 25 in total number, of' may be male, provided such fowl or poultry are kept in an enclos .......... TEM ]re loZ°atcd a JUN S 0 ZOO1 minimum of 30 feet from any lot line, and a minimum of 100 feet from any residence on an adjacent parcel of land. The raising or keeping of any animal for the purpose of engaging them in fighting is prohibited. AGENDAITEM No .... JUN 2 0 2001 ORIGIN: Community Development & Environmental Services AUTHOR: Susan Murray, AICP, Chief Planner DEPARTMENT: Planning Services LDC PAGE: 2:19 - 2:20 LDC SECTION: 2.2.3. Estates District (E) CHANGE: Changes to the Estates (E) zoning district to require Conditional Use approval for Extraction or earthmining. REASON: To comply with direction given to staff from the Board of County Commissioners. The Estates zoning district does not regulate the off-site removal of fill, either as an accessory or permitted use. In 1999, the Board determined that it is reasonable, and that in some cases it may be necessary, for property owners in the Estates zoning district to excavate a minimum amount of fill material and haul it off site. This need could come as a result of a property owner's desire to dig a lake on the property for aesthetic or functional purposes, or as a need for fill to construct buildings on site. Consequently, the Board gave staff direction to develop interim policies, which would address the need for property owners in the Estates to haul fill off site. There are existing policies governing Estates excavations which have been endorsed by the previous Board and applied by staff to date, but have yet to be adopted in the LDC. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None 2.2.3.2.2. Uses accessory to permitted uses. 7. Excavation and related processing and production subject to the following criteria: b. The amount of excavated material ~ .......... removed from the site shall not exceed 4,000 cubic yardq ~l. Amounts in excess of 4,000 cubic yards shall require conditional use approval for earthmining, pursuant to the procedures and conditions set forth in section 2.7.4. and 2.2.3.3. 2.2.3.3. Conditional uses. 7. Extraction or earthmining, and related processing and production not incidental to the development of the property __.~:~_.. _.. .' .............. ~ ......' . NO. JUN Pg. 7001 ORIGIN: Community Development and Environmental Services Division AUTHOR: Ronald F. Nino, AICP DEPARTMENT: Planning Services LDC PAGE: LDC2:42 LDC SECTION · Section 2.2.12.2.1 CHANGE · The purpose of the amendment is to add Churches as a permitted principal use to the C-1 and C-1/T commercial professional and transitional district. REASON: Predecessor ordinances all permitted churches in the commercial zoning districts. It is increasingly difficult to provided for churches in residential zoning districts or portions of PUD'S. A church within an activity center particularly at the neighborhood level could be located compatibly within the activity center thereby having the minimum of conflict with housing areas. Additionally, the existing strip commercial zoning along several major roads makes for suitable and less controversial sites for churches. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None Sec. 2.2.12.2.1 Permitted Uses 1. Accounting, auditing and bookkeeping services (8721). 2. Automobile parking (7521). 3. Barber shops (7241). 4. Beauty shops (7231). Business services (groups 7311, 7313, 7322--7331, 7338, 7361, 7371, 7372, 7374--7376, 7379). 6. Child day care services (8351). 7. Churches and other places of worship g8.Group care facilities (category I and II, except for homeless shelters); care units, except for homeless shelters; nursing homes; assisted living facilities pursuant to § 400.402 F.S. and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to § 651 F.S. and ch. 4-193 F.A.C.; all subject to section 2.6.26. Offices for engineering, architectural, and surveying services (groups 0781 910. Health services (8011--8049). AGENDA iTEM 871 I~-°-$7 i 3). JUN 2 0 2:001 -1412. -t417. 4419. 4-920. -2-021. 2422. Individual and family social services (8322 activity centers, elderly or handicapped; adult day care centers; and day care centers, adult and handicapped only). Insurance carriers, agents and brokers (groups 6311--6399, 6411). Legal services (8111). Management and public relations services (groups 8741--8743, 8748). Miscellaneous personal services (7291). Museums and art galleries (8412). Nondepository credit institutions (groups 6141--6163). Photographic studios (7221). Physical fitness facilities (7991). Real estate (groups 6531--6541). Shoe repair shops and shoeshine parlors (7251). Any other conunercial use or professional services which is comparable in nature with the foregoing uses including those that exclusively serve the administrative as opposed to the operational functions of a business, and are purely associated with activities conducted in an office. AGENDA ITEM No. JUN 2 0 2001 ORIGIN: Community Development & Environmental Services AUTHOR: Chahram Badamtchian DEPARTMENT: Planning Services LDC PAGE: 2:55 LDC SECTION: 2.2.15.2 Permitted Uses, C-4 General Commercial District CHANGE: Changes to the C-4 General Commercial District allowing air-conditioned self-storage uses. REASON: Air-conditioned self-storage uses are low intensity uses that generate a much lower automobile traffic than most other commercial uses within the C-4 district. With some specific criteria the proposed use is comparable and complementary to the uses already permitted within the district. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None Sec. 2.2.15.2 Permitted uses. 20. Motor fright transportation and warehousing (4225 Air-conditioned mini- and self- storage warehousing only and subject to the following criteria: 1. No metal roll-up ara e doors located on the exterior of the erimeter buildin s and walls of buildings which are visible from a public right-of-way.' 2. Access to individual units whether direct or indirect must be from the side of a building that is oriented intemall . 3. No buildin ma exceed 100 feet in len th when ad'acent to residential zonin . 4. No outdoor stora e. 5. The units shall onl be used for storage_. 2,O~L. Public or private parks and Playgrounds -2-t-2,~ Personal services (groups 7215, 7217, 7219, 7261 except crematories, 7291-7299). 2¢.3...~Real Estate (group 6512). 2~4~ Social services (group 8322-8399, except for homeless shelters and soup kitchens). 245. Reserved. 06/11/20O 1 AGENDA ITEM No. JUN 2 0 2001 ORIGIN: Community Development & Environmental Services AUTHOR: Chahram Badamtchian DEPARTMENT: Planning Services LDC PAGE: 2:55 LDC SECTION: 2.2.15.3 Conditional Uses, C-4 General Commercial District CHANGE: Changes to the C-4 General Commercial District allowing air-conditioned self- storage uses as a conditional use. REASON: Air-conditioned self-storage Uses are low intensity uses that generate a much lower automobile traffic than most other commercial uses within the C-4 district. However, their location requires special attention to existing commercial development in particular and relationship to residential areas. There are special design and location considerations that need to be applied on case-by-case bases. For example it would be inadvisable to introduce a personal self storage facility between two predominately retail functions as this breaks up the value of a pedestrian link between the retail concentrations. Then there is the need for compatible architectural styles which cannot be simply resolved by setting conditions precedent to allowing this use as a permitted use. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None 2.2.15.3 Conditional uses for C-4 18.Motor Freight Transportation and Warehousing ( 4225 Air conditioned and mini-and self storage warehousing only). AGENDA ITEM No. JUN 0 7001 ORIGIN: Community Development & Environmental Services AUTHOR: Chahram Badamtchian DEPARTMENT: Planning Services LDC PAGE: 2:64.1 LDC SECTION: 2.2.16 ½ Business park PUD district (BP). CHANGE: Adding air-conditioned self-storage uses and other uses comparable in nature with the foregoing uses, modifying the maximum allowable density for hotels. REASON: Air-conditioned self-storage uses are low intensity uses witch generate a much lower automobile traffic than most other uses within this district. With some specific criteria the proposed use is comparable and complementary to the uses already permitted within the district. The change to the hotel density is intended to make the BD District conform to all other district allowing hotels and motels. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None Sec. 2.2.16 ½. Business park PUD district (BP). 2.2.16 1/2. 2. Permitted uses. The following uses, as identified within the latest edition of the Standard Industrial Classification Manual, or as otherwise provided for within this section, are permitted as a right, or as uses accessory to the business park ~ district, or as uses accessory to permitted primary and secondary uses in the business park PUD district (BP). 2.2.16 ½. 2.1. Permitted Primary Uses - 100% of the total business park district acreage allowed to be developed: 26. Motor freight transportation and warehousing (4225 mini- and self- storage warehousing only and subject to the following criteria: 1. No metal roll-up garage doors located on the exterior of the perimeter walls of buildings which are visible from a public right- of-way. 2. No building may exceed 100 feet in length; 3. No outdoor storage; 4. The units shall only be used fo -stor.~a~. fi°^ ri'EM JUN 2 0 2001 2.2.16 ½.2.2. 267. Paper and allied products (groups 2621-2679) 298. Plastic materials and synthetics (groups 2821-2834) 289. Printing, publishing and allied industries (groups 2711-2796) Professional offices; insurance agencies, (group 6411); insurance carriers (groups 6311-6399); real estate (groups 6531, 6541, 6552, 6553); holding and other investment offices (groups 6712-6799); attorneys (group 8111) 301. Rubber and miscellaneous plastic products (groups 3021, 3052, 3053) 3-1-2. Security/Commodity brokers (group 6211) 393. Transportation equipment (groups 3714, 3716, 3731, 3732, 3751, 3792, 3799) United States Postal Service (group 4311) 345. Wholesale trade - durable goods (groups 5063-5078, 5091, 5092, 5094-5099) 5021-5031, 5043-5049, 3=$6. Wholesale trade - nondurable goods (groups 5111-5159, 5181, 5182, 5191 except that wholesale distribution of chemicals, fertilizers, insecticides, and pesticides shall be a minimum of 500 feet from a residential zoning district, 5192-5199) 37. Any other use which is comparable in nature with the forgoing uses and is otherwise clearly consistent with the intent and purpose statement of the district. Permitted Secondary Uses accessory to the business park PUD District - development limited to a maximum of 30 % of the total acreage of the business park district: Business services (groups 7312, 7313, 7319, 7331, 7334-7336, 7342, 7349, 7352, 7361, 7363, 7371-7384, 7389) Child day care services (group 8351) Depository and non-depository institutions (gro~ 6091, 6099, 6111-6163) ?/ AGENDA I'~EM No. JUN 2 0 2001 o o o Drug stores (group 5912, limited to drug stores and pharmacies) in conjunction with Health Services groups and medical laboratories/research/rehabilitative groups. Hotels (group 7011 hotels only). Maximum density 26 units per acre when located within Activity Centers and 16 units per acre when located outside Activity Centers. The maximum floor area ratio for hotels shall not exceed a factor of 0.60. Membership organizations (group 8611); (group8621); professional organizations unions and similar labor organizations._ ) business associations (group 8631); labor Personal Services (group 7991) Physical fitness facilities and bowling centers (groups 7991, 7933) AGENDA ITEM No.__ JUN 0 2001 ORIGIN: Community Development & Environmental Services AUTHOR: Patrick G. White, Assistant County Attorney DEPARTMENT: County Attorney's Office LDC PAGES: 2:77 & 2:235, respectively LDC SECTIONS: Sec. 2.2.20. Planned unit development district (PUD); and Sec. 2.7.2. Amendment procedures. CHANGE: Amend provisions relating to issuance of impact fee credits for dedications made as part of a rezoning request. REASON: Recognizes procedural changes brought about by passage of the Consolidated Impact Fee Ordinance by making reference to the said Ordinance in two effected sections of the LDC. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: Consolidated Impact Fee Ordinance 2001-13, codified in the Collier County Code, Chapter 74. Amend the LDC Code as follows: Division 2.2. Zoning Districts, Permitted Uses, Conditional Uses, Dimensional Standards Sec. 2.2.20. Planned unit development district (PUD). 2.2.20.3.7. Dedication of the public facilities and development of prescribed amenities. Public Facility Dedication. The Board of County Commissioners may, as a condition of approval and adoption of PUD rezoning and in accordance with the approved master plan of development, require that suitable areas for streets, public rights-of-way, schools, parks, and other public facilities be set aside, im~oved, and/or dedicated for public use. Where impact fees are levied for ~ ~fi~ public facilities, the market value of the lan~et asi~e'f0r the purpose ..... be credited towards :such ~mpact fees~[~ Said credit shall be based on a negotiated amount no greater than the market value of the set aside land prior to the rezoning action, as determined by an accredited appraiser from a list approved by Collier County. Said appraisal shall be submitted to the County Attorney's office and the real property office within 90 days of the date of approval of the rezone, or as otherwise extended in writing by ~ ~o.o~tap JUN 2 0 2001 ~r~e~:, so as to establish the amount of any impact fee credits resulting from Said dedication. Failure to provide said appraisal within this time frame shall ~I~ authorize the county to determine the market value of the se~mme, property. Impact fee credits shill only be effective after recordation of the document conveying the dedicated property to Collier County. Where the term Collier County is used in this section, it shill be construed to include the Collier County Water and Sewer District or other agency or dependent district of Collier County Government. Land set aside and/or to be improved as committed in the PUD document, or master plan, as the case may be, shall be deeded or dedicated to Collier County within 90 days of receipt of notification by the County that the property is needed for certain pending public improvements or as otherwise approved by the Board of County Commissioners during the PUD rezoning approval process. In any case, however, the county shall take title to the set aside property, at the latest, by a date certain established during, and conditioned on, the approval of the PUD zomng. ~t~mo::~,e:0's:~m ~ ~he land set aside and/or to be improved~.~.~ ~,shall be made free and clear of all liens, encumbrances and improvements, except as otherwise approved by the Board. Failure to complete the dedication within the appropriate time frame noted above may result in a recommendation to the Board of consideration of rezoning the subject parcel from its current PUD zoning district to an appropriate zoning district and may result in a violation of this Code pursuant to subsection 1.9.2. Should said dedication of land also include agreed upon improvements, said improvements shall be completed and accepted by the Collier County Board of Commissioners at the development phase which has infrastructure improvements available to the parcel of land upon which said improvements are to be made, or at a specified time provided for within the PUD document. Division 2.7. Zoning Administration and Procedures Sec. 2.7.2. Amendment procedures. 2.7.2.8.1. Dedication of the public facilities and development of prescribed amenities. Public Facility Dedication. The Board of County Commissioners may, as a condition of approval and adoption of the rezoning required that suitable areas for streets, public rights-of-way, schools, parks, and other public facilities be set aside, ' and/or dedicated for public use. Where impact fees are levied for facilities, the market value of the land set aside for -- be credited towards ' fees Said credit shall be based on a negotiated amount not greater than value of the set aside land prior to the rezoning action, as detern the market ined N .~-~l'l'X~ JUN 2 0 2001 accredited appraiser from a list approved by Collier County. Said appraisal shall be submitted to the County Attorney's office and the Real Property office within 90 days of the date of approval of the rezone, or as otherwise extended in writing by Collier County, so as to establish the amount of any impact fee credits resulting from said dedication. Failure to provide said appraisal within this time umay frame shall automatie~l~ authorize the County to determine the market value of the property. Impact fee credits shall only be effective after recordation of the conveyance document conveying the dedicated property to Collier County. Where the term Collier County is used in this section, it shall be construed to include the Collier County Water and Sewer District or other agency or dependent district of Collier County Government. Land set aside and/or to be improved as committed as part of the rezoning approval shall be deeded or dedicated to Collier County within 90 days of receipt of notification by the County that the property is needed for certain pending public improvements or as otherwise approved by the Board of County Commissioners during the rezoning approval process. In any case, however, the County shall take title to the set aside property, at the latest, by a date certain established during, and conditioned on, the approval of the rezoning action. ~no ¢~o!,~ffi arftv, the land set aside and/or to be improved shall be made free and clear of all hens, encumbrances and ~mprovements, except as otherwise approved by the Board. Fmlure to complete the dedication within the ~ t~me frame noted above may result in a recommendation to the Board of consideration of rezoning the subject parcel from its current zoning district to an appropriate zoning district and may result in a violation of this Code pursuant to subsection 1.9.2. Should said dedication of land also include agreed upon improvements, said improvements shall be completed and accepted by the Collier County Board of Commissioners at the development phase which has infrastructure improvements available to the parcel of land upon which said improvements are to be made, or at a specified time provided for within the ordinance approving the rezone. AGENDAITEM NO. JUN 0 2001 C) ORIGIN: Community Development and Environmental Services AUTHOR: Michele R. Mosca, Senior Planner Aaron Blair, Senior Planner DEPARTMENT: Planning Services LDC PAGE: Unknown at this time LDC SECTION: 2.2.28. Immokalee Overlay District; specifically sections 2.2.28.6. Agribusiness Overlay Subdistrict and 2.2.28.8. The Main Street Overlay Subdistrict. CHANGE: Delete references to communication towers as permitted uses, conditional uses and accessory uses from the Prohibited Use section of the Main Street Overlay Subdistrict; and, amend the Permitted Use, Conditional Use and Accessory Use sections of this same Subdistrict to include these references. Amend Map 5, the Agribusiness Overlay Subdistrict (AOSD), to include an additional lot (Newmarket Immokalee Subdivision, Block 59, lot 15) that was inadvertently omitted from the subdistrict's boundary. REASON: Presently, the text referring to communication towers as permitted, conditional, accessory and prohibited uses is combined under the Prohibited Use section of the Main Street Overlay Subdistrict. County legal staff has requested that these references be removed from the Prohibited Use section and placed into the relevant sections of this same Subdistrict for clarity. The map amendment to the Agribusiness Overlay Subdistrict is required to correct a scrivener's error. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None See Following Page AGENDAITEM NO. JUN 2 0 2001 Sec. 2.2.28. 2.2.28.6. Immokalee Overlay District Agribusiness Overlay Subdistrict: AGRIBUSINESS OVERLAY SUB-DISTRICT (AOSD) / INDICATES AGRIBUSINESS OVERLAY SUB--DISTRICT ,~1~ N AGRIBUSINESS OVERLAY SUB-DISTRICT (AOSD) Map 5 (Delete this Map) & ITEM NO. ~ JOhl 2 0 ZOO1 AGRIBUSINESS OVERLAY SUB-DISTRICT (AOSD) INDICATES AGRIBUSINESS OVERLAY SUB-DISTRICT N AGRIBUSINESS OVERLAY SUB-DISTRICT (AOSD) Map 5 (Replace with this Map) AGENDA ITEM No. JUN ,~ 0 2001 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 OVERLAY SUBDISTRICT 2.2.28.8.1 Purpose and intent. The purpose of this designation is to encourage development and redevelopment by enhancing and beautifying the downtown Main Street area through flexible design and development standards. AGENDA ITEM No. JUN 2 0 2001 2.2.28.8.2 2.2.28.8.3 Applicability. These regulations apply to the Main Street Overlay Subdistrict as identified on Map 7 and further identified by the designation "MSOSD" on the applicable official Collier County zoning atlas maps. Permitted Uses. For all properties within the Main Street Overlay Subdistrict, except for properties hatched as indicated on Map 7, the Main Street Overlay Subdistrict, all permitted uses within the uses within the underlying zoning districts contained within this subdistrict, and the following use may be permitted as a right in this subdistrict: 1. Hotel and Motels 7011). 2.2.28.8.4 Permitted uses. For hatched properties within the Main Street Overlay Subdistrict, all permitted uses within the underlying zoning districts contained within this subdistrict, and the following uses are permitted as a right in this subdistrict: All uses allowed in the Commercial Professional District (C-I), of this code (7521). 2.2.28.8.5 Prohibited Uses. All uses prohibited within the underlying residential and commercial zoning districts contained within this subdistrict, and the following uses, shall be prohibited in the Main Street Overlay Subdistrict: o Automobile Parking (group 7521) on all properties having frontage on Main Street, North First Street, South First Street and North 9th Street within the Main Street Overlay Subdistrict. Automotive dealers (groups 5511, 5521, 5531 installation, 5551,5561,5571,5571,5599) on all properties having frontage on Main Street, North First Street and South First Street within the Main Street Overlay Subdistrict. Gasoline Service Stations (group 5541) on all properties having_ frontage on Main Street and gasoline service stations (group 5541 with services and repairs as described in section 2.6.28) are prohibited on all properties having frontage on North First Street and South First Street within the Main Street Overlay Sul- AOENDA ITEM JUN g 0 2001 o 11. Primary uses such as convenience stores and grocery stores are prohibited from servicing and repairing vehicles in conjunction with the sale of gasoline, on ail properties having frontage on Main Street, North First Street and South First Street within the Main Street Overlay Subdistrict. Automotive repair, services, parking (groups 7514, 7515, 7521) and carwashes (group 7542) on ail properties having frontage on Main Street, North First Street and South First Street within the Main Street Overlay Subdistrict. Radio and Television Repair Shops (group 7622 automotive) are prohibited on ail properties having frontage on Main Street, North First Street and South First Street within the Main Street Overlay Subdistrict. Outdoor Storage yards and outdOor storage are Prohibited within any front, side or rear yard on ail properties within the Main Street Overlay Subdistrict. Drive-through areas shail be prohibited on ail properties having frontage on Main Street, North First Street and South First Street within the Main Street Overlay Subdistrict. Warehousing (group 4225) Communication Towers, as defined in section 2.6.35 of this code, except as otherwise noted in this Subdistrict. Any other heavy commerciai use which is comparable in nature with the forgoing uses and is deemed inconsistent with the intent of this subdistrict shall be prohibited. 2.2.28.8.6 Accessory uses. Uses and structures that are accessory and incidentai to the permitted uses as of right in the underlying zoning districts contained within this subdistrict and are not otherwise prohibited b this subdistrict. 2.2.28.8.7 Conditional uses. Uses permitted in the underlying zoning districts contained within this subdistrict, subject to the standards and procedures es in section 2.7.4 and as set forth below: [ablis o~. NDA ITEM JUN g 0 2001 Local and Suburban passenger transportation (groups 4131 4173) located upon commercially zoned properties within the Main Street Subdistrict. 2.2.28.8.8 Outdoor Display and Sale of Merchandise. Outdoor display and sale of merchandise, within the front and side yards on improved properties, are permitted subject to the following provisions: A. The outdoor display/sale of merchandise is limited to the sale of comparable merchandise sold on the premises and as indicated on the proprietor's occupational license. B. The outdoor display/sale of merchandise is permitted on improved commercially zoned properties and is subject to the submission of a site development plan that demonstrates that provisions will be made to adequately address the following: 1. Vehicular and pedestrian traffic safety measures. 2. Location of sale/display of merchandise in relation to parking areas. 3. Fire protection measures. 4. Limited hours of operation from dawn until dusk. Outdoor display and sale of merchandise within the sidewalk area only shall be permitted in conjunction with "Main Street" approved vendor carts, provided the applicant submits a site development plan which demonstrates that provisions will be made to adequately address the following: 1. Location of sale/display of merchandise in relation to road rights- of-way; 2. Vendor Carts are located on sidewalks that afford the applicant a five foot clearance for non-obstructed pedestrian traffic; and 3. Limited hours of operation from dawn until dusk 2.2.28.8.9 Dimensional Standards. Subject to the provisions of this code, for each respective zoning district, except as noted below: 2.2.28.8.9.1 Yard requirements. Maximum yard requirements. 1. Front Yard: 7 or 10 feet. 2. Side Yard: 0 - 10 feet. Minimum yard requirements. 3. Rear Yard: 0 or 5 feet. 4. Abutting Residential. 20 feet. AGENDAITEM No. JUN 0 2001 2.2.28.8.9.2 1. Maximum height of structures. All structures shall be no more than 35 feet in height, hotel/motel uses shall be no more than 50 feet in height. except 2.2.28.8.10 Minimum off-street parking and off-street loading. As permitted by Section 2.2.28.7. standards for parking within the Immokalee Central Business District, and as set forth below: Outdoor caf~ areas, shall be exempt from parking calculations. All properties within the Main Street Overlay Subdistrict, having frontage on Main Street, First Street or Ninth Street are required, by this subdistrict to locate all parking in the rear and/or side yards. 2.2.28.8.11 1. Signs. As required in division 2.5. and as set forth below: Projecting signs are allowed in addition to permitted signs provided such signs do not exceed 6 square feet in size and are elevated to a minimum of 8 feet above pedestrian way. Sandwich Boards are permitted, one per eating establishment, not to exceed 6 square feet in size and shall only be displayed during business hours. 2.2.28.8.12 Commercial design guidelines. Subject to provisions of division 2.8., Architectural and Site Design Standards for Commercial Buildings and ProjectS, except as set forth below: 1. Properties having frontage on Main Street or First Street or Ninth Street are required to locate its primary business entrance on that street. Parcels fronting both Main Street and First Street or both Main Street and Ninth Street are required to locate their primary business entrance on Main Street. 2. Reflective or darkly tinted glass is prohibited on ground floor windows. 3. Properties with less than 50 feet of road frontage shall only require a minimum of one roof change. 4. Commercial projects 5,000 square feet in size or less shall only require a minimum of two design features, as described within section 2.8.4.4.6 of this code. 5. To encourage redevelopment within the Main Street Overlay Subdistrict, for proposed redevelopment of existing projects that do not increase impervious surface area and whose total building area is less than or equal to 5,000 square feet in size, the applicant shall be exempt from Section 2.4.3.1. of the Landscaping and Buffering provision, requiring the seal of a landscape architect and shall also be exempt from Division 2.8. Architectural and Site Design Standards and Guidelines for Commercial Buildings and Projects, requiring the seal of an architect. 6. The minimUm commercial design criteria, as set forth above, shall be applicable to projects with a total building square feet of less than or equal to 5,000 square feet. ^a~D^ ~,~u -- JUN 0 ;'001 2.2.28.8.13 Landscaping and buffering. Subject to provisions of division 2.4, of this code, except as set forth below: To encourage redevelopment, the following landscape criteria shall apply to all commercially zoned properties and those residential properties with permitted commercial uses, except where otherwise prohibited by this subdistrict. The following landscape buffering criteria shall be applicable to projects with a total building square feet of less than or equal to 5,000 square feet: a. properties adjacent to residentially zoned lots/parcels shall provide a minimum 10 foot wide landscape buffer, 6 foot 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 buffer with a single row hedge and trees spaced no more than 30 feet on center. The hedge shall be a minimum of 3 gallon plants 2 feet in height spaced a minimum 3 feet on center at planting. c. a minimum 5 foot buffer, with at least two trees per lot/parcel or one tree per 40 linear feet whichever is greater, shall be required adjacent to all rights-of-ways; d. lots/parcels that are unable to meet the above minimum landscape criteria, shall be required to provide landscape planters and/or flower boxes for each such property, as recommended by the County Landscape Architect or County Planning Director. AGENDAITEM No. JUN 2 0 ZOO1 P0. /4]0_ ORIGIN: Community Development & Environmental Services AUTHOR: Aaron Blair, Senior Planner DEPARTMENT: Planning Services LDC PAGE: Unknown at this time LDC SECTION: 2.2.33 - Bayshore Mixed Use Overlay District CHANGE: To make updates to the Bayshore Drive Mixed Use Overlay District REASON: The Board of County Commissioners directed staff to develop an overlay for the Bayshore Drive corridor that would provide flexibility in uses and standards and provide an incentive for redevelopment along this corridor. This is an update to ensure that redevelopment that occurs happens in a suitable manner for the surrounding neighborhood. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None AGENDAITEM No._ JUN 2 0 2001 O)  LOT ~e Vq~EK S A BAYSHORE DRIVE MIXED USE OVERLAY DISTRICT PREPARED BY: C-~APHICS AND TECHNICAL SUPPORT SECTION COMIdUNITY DEVI~LOPM£NT AND EN'vlRONUENTAt- SERVICES DIVISION PLOT-AUTC*FIL L.PAL DATE: 3-2001 FILE: BAYSHD12-BX11A2. DWG NO. JUN 2 2001 LEGEN~ BAYSHORE DRIVE MIXED USE OVERLAY DISTRICT BARRETT IBY: GRAPHICS AND T~CHNICAL SUPPORT SECTION D ENVIRONMENTAL SER'~CE$ DINS)ON 12-2000 RL£: 8AYSH012-SXllA,OWC PLOT - AUT(~L'iLL.P AL LUNAR STREET AGENDA ITl: VI No. -- JUN 2 0 2001 LEGEND 2.2.33.11 2.2.33.11.1 2.2.33.11.4 Dimensional standards. Minimum larcI requirements.~ To allow the maximum use of the waterfront, building placement on a lot can vary from the required setbacks, provided such variation is recommended b the CRA and the Iounty ~rchitect and approved by the [lanning lirector. Maximum height of structures.1 !rst floor of the building~ the sidewalk level shall be no less than 12 ~::3~fe "' i ~ in hei ht from the finished floor to the finis ommercial uses only. 2.2.33.12 The off-site uirements of 2.3.4.11 of the shall apply[ Vehicular egress points may be located on local streets opposite residential homes provided they are within the B~y~hor~ ~!xed ~s~ O~rlay Distric}. 10. Shared requirements shall be consistent with those provided in /ection ~~ of the lode except that the Ilanning lervices I'~-anment'lirector can approve or deny ~e~<~ zoning appeals or planning commission~ ~i~ ~hared parking spacesIIbe_separated by Bayshore Drive prowde~ ~he two properties are located with~ the BMUD. ~~ Is required I division 2.4 ~ unless specified otherwise below: 2.2.33.14. 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 hei at the time of planting. Landscaping shall be on the residential side of the wall. JUN g 0 ZOO1 All buildings shall meet the requirements set forth in divL, otherwise specified belowI All buildings adjacent to~B~ayt~re Drive will have the principal pedestrian entrance fronting Bayshore Drive. Thirty-five percent of the building fagade that faces Bayshore Drive will be clear lass. Attached building awnings may encroach over the setback line by a maximum of five feet. Neon colors shall not be used as accent colors[ 2.2.33.17. 2.2.33.18. ~. The purpose of this district is to allow maximum use of the waterfront for entertainment while enhancing the area for use by the general public. Development standards for the district are the same as those set forth for the Neighborhood Commercial Subdistrict, unless set forth below. Development in this subdistrict is encouraged to be a mix of restaurant and retail uses while allowing for limited marina uses. do All uses permitted within the Neighborhood Commercial Subdistrict are permitted. Marinas. (lroup 4493~ except all repair and storage of boats must be conducted in an covered area or area internal to the site.) Boats available for rental purposes shall be located in the water or properly screened from the roadways ~ ~ ..,~x~a~?~7: JUN I~ 0 2001 and shall not be visible from the street. Boats available for rental purposes shall be located in the water or ~p~rly screened from the local roadwa s ~~~ll~l~ All boat racks shall be enclosed. Height of structures may be increased to a maximum height of fifty (50) feet by the Ioard of ~oning ~ppeals (BZA) upon approval of a variance petition. The BZA, in addition to the findings in section 2.7.5, shall consider literal interpretation of the provisions of this a financial hardship on the 2.2.33.22.9. 2.2.33.22.13. Building placement and design. Buildin their elements shall adhere to the following: (See I figure ~: Accessory Inits. An accessory unit is a separate structure located at I rear of the property and related to the primary residence for uses which include, but are not limited to: ~ibrary. studio, workshop, playroom, or guest quarters. Ownership of an accessory unit not be transferred independently of the primary residence. The following regulations regarding accessory units apply: 1. Only one accessory unit is permitted per 2. The maximum area of an accessory unit is 550 square feet, limited to one habitable floor. 3. The accessory unit may be above connected to the primary resi~ an enclosed to exceed eight feet in width. Illll JUN 2 0 2001 2.2.33.24. 2.2.33.24.1. 2.2.33.24.2. · . The purpose and ~ntent of this subdistrict is to allow limited home occupational businesses. Home [ccupation~ ~in Section 2.6.20, shall apply unless specified otherwise below. Develol~ment standards for the district are the same as those set forth for the ~esidential [ubdistrict 2, unless ~ set forth below. The home occupations permitted include: []ccountine i2t~ ~l:ke< ng ~8~I~, b~ber shov~ and be tutv sal ,I ~~ se~lces ~ ~ ~, insur~ce a~ents ~d brokers rem estate agents The home occ )ation shall be clearly incidental to and secondary to the use of the dwelling for )oses and shall not change the character of the dwelling unit. The following conditions shall be met: 2. ~ The resident of the home shall be the owner and operator of the ~ 3_ ~ The shall not occupy more than 30 1 of the primary residential structure. 4~ ii~ ~illl~ll/~~Ot employ~ more than two ~ The II . . AGENDA ITEM No. 2 0 2001 6~ 7.._.: A(~ENDA ITEM JUN 2 0 ~001 Figure []-Typical front elevation~~~/// AGENDA ITEM No. ~ JUN 2 0 2001 ,~ ..... /oq A~ENDAtTEM No. - JUN 2 0 2001 ORIGIN: Planning Services Staff AUTHOR: Ray Bellows Principal Planner DEPARTMENT: LDC SECTION: Planning Services 2.2.34 LDC PAGE: Unknown at this time. CHANGE: To amend the Goodland Zoning Overlay District as follows: REASON: Add a standard that reduces the minimum lot area for those properties zoned "RSF-4" in Goodland from 7,500 SF to 5,000 SF. · Add a standard that reduces the minimum interior lot width for the "RSF-4" zoned properties in Goodland from 70 feet to 50 feet. · Reduce the side yard setback in the RSF-4 District in Goodland from 7.5 feet to 5 feet to reflect the existing conditions. · Allow parking of recreational vehicles and equipment in the front yards of properties within the VR and RSF-4 zoning districts. · Allow fishing related equipment (crab traps/boats) to be stored on property or when associated with fishing related business. · Allow parking of property owner's vehicles in the swales fronting the property owner's lot within the VR and RSF-4 zoning districts. Based on a survey of 152 property owners in Goodland, a majority of the respondents indicated their desire to have a zoning overlay that provides development standards that maintains the small town - fishing village environment of Goodland. To that end, the zoning overlay will allow for the storage of fishing and recreational related equipment in the front yards in any residential zoning district. In addition, the reduction to the minimum lot area and lot width requirements of the "RSF-4" District are intended to make the pre-existing non-conforming platted 5,000 square foot lots with a minimum interior lot width of 50 feet conforming lots of record. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: LDC Division 2.2.9. (Village Residential) LDC Division 2.2.4. (RSF-4) LDC Division 2.6.7.2. (Recreational Vehicles) LDC Division 2.1.15. (Prohibited Uses & Structures). AGENDA ITEM ,JUN 2 0 2001 Iil C) Amend the Land Development Code as follows: Sec. 2.2.34. GOODLAND ZONING OVERLAY (GZO) DISTRICT 2.2.34.1 Purpose and Intent: To create design guidelines and development standards that will assure the orderly and appropriate development in the unincorporated area generally known as Goodland. The Goodland Zoning Overlay District (GZO) is intended to provide regulation and direction under which the growth and development of Goodland can occur with assurance that the tropical fishing village and small town environment of Goodland is protected, and preserved and that development and/or redevelopment reflect the unique residential and commercial characteristics of the community. 2.2.34.2 Geographic Boundaries: The boundaries of the Goodland Zoning Overlay District are delineated on Map 1 below. GOODLAND PEAR TREE AVENUE MANGO PALM A~NUE VR HILL AGENDA ITEM No. - JUN 2 0 :;'001 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 the LDC. In the event of a conflict between other provisions of this Code and these regulations, these regulations contained in this overlay shall control. 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 space. Minimum lot requirements. As provided for in the Village Residential Zoning District for each permitted, accessory, and conditional use except for the following: ao Single family/Mobile Home: Minimum Lot area: 4,275 square feet. Minimum Lot width: 45 feet. 2.2.34.4.3 Minimum lot requirements. As provided for in the Residential Single Family District (RSF-4) for each permitted, accessory, and conditional use except for thc, following: a. Minimum Lot area: 5,000 square feet. b. Minimum Lot width: 50 feet 2.2.34.4.4 Minimum yard requirements. As provided for in the Residential Single Family District (RSF-4) for each permitted, accessory, and conditional use except for th~; following: a. Side Yard: 5 feet. 2.2.34.5. Parking/storage of major recreational equipment and personal vehicles 2.2.34.5.~. Within the VR and RSF-4 zoning districts, except for specifically designated Travel Trailer Subdivisions, boats, trailers, recreational vehicles and othe~ recreational equipment may be stored in any yard subject to the following conditions. - - a_ No recreational equipment shall be used for living, sleeping, or housekeeping purposes when parked or stored on a VR or RSF-4 zoned lot. b~ No recreational vehicle or equipment shall exceed 35 feet in length. AGENDA ITEM NO, JUN 2 0 2001 c_ No recreational vehicle or equipment shall be parked, stored or encroach in any County right-of-way or easements~. d_ Recreational vehicles or equipment that exceed 35 feet in length shall be sub'ect to the rovisions of Section 2.6.7.2 of this Code. 2.2.34.5.2. Personal vehicles ma be arked in a draina e swales in the VR and RSF-4 zoning districts ma ark their sub'ect to the followin conditions. a_ No vehicle shall block or impede traffic when parked in a drainage swale on a VR or RSF-4 zoned lot. 2.2.34.6. Storage and display of fishing related equipment. 2.2.34.6.1. Within the VR and RSF-4 zonin districts fishin e ui ment such as crab tra s anchors and other similar items ma be dis la ed or stored in an ard sub'ect to the following conditions. a. The storage of fishing related equipment is permitted only in association with a fishing related business. b. Storage of toxic materials is prohibited. c. ;I'he storage or display area shall be ~ocated a minimum of 5 feet from any ~roperty line or County right-of-way. d. Fishin related items ma be used for decorative u oses. Revised: 7/1/01 AGENDA ITEM No. JUN 2 0 2001 ,,,.//q ORIGIN: Community Development & Environmental Services Division AUTHOR: Ross Gochenaur, Planner II DEPARTMENT: Planning Services LDC PAGES: LDC2:192.1 - 2.192.2.3 LDC SECTION: 2.6.21 Dock facilities CHANGE: 1.) Add a provision allowing administrative approval of more liberal waterway width measurements for determining dock protrusion distance on platted waterways less than 100 feet wide where the mean high water line has receded from the property line; 2.) Revise dock facility extension criteria; 3) Revise the section dealing with boathouses to clarify the relationship between a boathouse and its associated dock facility, and identify which criteria (dock extension and boathouse, or boathouse alone) apply under what circumstances. In addition to these major changes, a number of minor "housekeeping" changes have been made throughout the section; 4) An exhibit inadvertently omitted from this section during an earlier amendment cycle has been reinserted. The major revisions have been urther changes resulting from public comment at the BCC public hearing have been ~ in a darker color; however, staff was not in agreement with all of the changes proposed by the speakers at this hearing. REASON: 1.) Accretion on narrow waterways not reinforced by seawalls sometimes results in a tree waterway width of less than that indicated on a plat, and the code requires that platted waterway width be used whenever available. This change would allow affected property owners to measure their protrusion distance from the mean high water line, rather than the property line (the most restrictive point) once certain requirements for approval have been met. 2.) Questions have been raised regarding how many of the dock facility extension criteria must be met in order for the Planning Commission to approve an extension. The criteria have been separated into five primary and six secondary criteria, with a requirement that at least four of the primary and four of the secondary be met in order to approve the petition. Questions have also been raised regarding the water depth at the site and its relationship to the vessel(s) intended to use the dock. The language has been revised in order to clarify this relationship. Language of all other criteria has been revised as well in an attempt to clarify what objective standards of approval for each criterion need to be met. The two criteria dealing with the impact of the proposed dock on the view of nearby property owners, the most subjective of the criteria, have been reduced to one, with the emphasis shifted to the view of abutting property owners. 3.) Combining dock extensions and boathouses in the same section has causes some confusion over their relationship. The language has been revised to discriminate between simultaneous applications for dock extensions with boathouses, and applications for the addition of a boathouse or covered structure alone to an existing dock. FISCAL & OPERATIONAL IMPACTS: The change involving measurement of waterway width would require an administrative variance application to allow staff to evaluate the request. The fee for this application is $400. Clarification of dock extension criteria ,~,~ld NO. JUN 2 0 : 001 grounds for appeal of Planning Commission decisions as well as the possibility of subsequent litigation. RELATED CODES OR REGULATIONS: LDC Section 2.6.22 (Manatee protection) C Sec. 2.6.21. Dock facilities. high .... ot any any accessory hal! required .... cpprove JUN 2 0 2001 AGENDA ITEM JUN 2 0 2001 set ~ ................. day~ ................................... ~ '~.v. Th may AGENDA ITEM NO. , ,, JUN 2 0 2001 AGENDA ITEM -- No.__ JUN 2 0 2001 9 ~ ~ ~, A = A,] k~*~ ...... * .... * ..... shah ~ ..... ~'~ ..... ,, r ..... :~ (Ord. No. 92-73, ~ 2; Ord. No. 93-37, ~ 3; Ord. No. 94-58, ~ 3, 10-21-94; Ord. No. 95-58, ~ 3, 11-1-95; Ord. No. 96-21, ~ 3; Ord. No. 97-26, ~ 3.D, 6-4-97; Ord. No. 99-46, ~ 3.D, 6-16-99; Ord. No. ~-8, ~ 3.F, 1-25-~; Ord. No. 00-43, ~ 3.F, 6-14-~; Ord. No. ~-92, ~ 3.D, 12-13-00) Code references--Coast~ zone protection, ~ 22-286 et seq.; wa~e~ays, ch. 146. docks do not protrude more than the respective allowable distances_spe,(/ 2.6.21.1. Individual or multi le rivate docks includin moorin ilin s davits lifts and the like are ermitted to serve waterfront ro ert as described in Division 6.3 Definitions r, )vided such :if ~d in subs(;ctions. 2.6.21.1.2. On unbridged barrier islands, a boat dock shall be considered a permitted principal use; however, a dock shall not, in any way, constitute a use or structure which permits, requires, and/or provides for any accessory_ uses and or structures. Boathouses and dock facilities proposed on residentially zoned properties as defined in section 2.1.4 of this code, shall be considered accessory use or structure. Boathouses shall be required to be approved through the procedu~t: and criteria in subsections 2.6.21.3 and 2.6.21.4. In addition, any covered structure erected on private boat dock shall also be considered an accessory_ use, and shall also be required to be approved through the procedures and criteria of subsections 2.6.21.3. and 2.6.21.4. of this code. 2.6.21.1.3. Non-residential dock facilities shall be subject to all of 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 th~: time of site development plan review, based on an evaluation of the criteria in subsectior 2.6.21.3. of this code. 2.6.21.2. Dock facility requirements and restrictions. The following criteria apply to docl~ facilities and boathouses, with the exception of boat dock facilities on manmade lakes and othe~ manmade bodies of water under private control. 2.6.21.2.1. For lots on a canal or waterway that is 100 feet or greater in width, no boathouse, dock facility/boat combination shall protrude more than 20 feet into the waterway (i.e. the total protrusion of the dock facility plus the total protrusion of the moored vessel). A dock extension in accordance with subsection 2.6.21.3. of this code may be granted to allow a protrusion of more. than 20 feet. 2.6.21.2.2. For lots on a canal or waterway that is less than 100 feet in width, dock facilities may occupy no more than 25 percent of the width of the waterway or protrude greater than 20 feet intu the waterway, whichever is lesser. A dock extension in accordance with subsection 2.6.21.3. of this code may be granted to allow a protrusion of more than 20 feet, but at no time shall such a,, extension be granted to allow a protrusion into more than 25 percent of the waterway width. 2.6.21.2.3. All dock facilities on lots with water frontage of 60 feet or greater shall have a side: setback requirement of 15 feet, except as provided in subsections 2.6.21.2 or 2.6.21.4 of this cod,: or as exempted below. All dock facilities (except boathouses) on lots with less than 60 feet of water frontage shall have a side setback requirement of 7 1/2 feet. All dock facilities (excepl boathouses) on lots at the end or side end of a canal or waterway shall have a side setbacl~ requirement of 7 1/2 feet as measured from the side lot line or riparian line, whichever appropriate. 2.6.21.2.3.1. Riparian lines (see Division 6.3, Definitions, riparian line), for lots at the end o, side end of a waterway with a regular shoreline, are established by a line extending from coruer of an end lot and side end lot into the waterway bisecting equidistantly the an~ e crea_~,.i by the two intersecting lots (see Exhibit A). Riparian lines for all other lots should b, estag~'ist~ec~ JUN 0 2001 by generally accepted methods, taking into consideration the configuration of the shoreline, and allowing for the equitable apportionment of riparian rights. Such methods include, but are not limited to, lines drawn perpendicular to the shoreline for regular (linear) shorelines, or lines -drawn perpendicular to the centerline (thread) of the waterway, perpendicular to the line of deep water (line of navigability or edge of navigable channel), as appropriate, for irregular shorelines. 2.6.21.2.4. All dock facilities, regardless of length/protrusion, shall have reflectors and house numbers, no less than four inches in height, installed at the outermost end, on both sides. For mult'ffamil develo ments the house number re uirement is waived. 2.6.21.2.5. All dock facilities are subject to, and shall comply with, all federal and state r~quirements and permits, including but [not] limited to the requirements and permits of the Florida department of environmental protection, the U.S. Army Corps of Engineers, and th~: U.S. Environmental Protection Agency. 2.6.21.2.6. Protection ofseagrass beds. Where new docking facilities or boat dock extensions are proposed, the location and presence of seagrass or seagrass beds within 200 feet of any proposed dock facility shall be identified on. an aerial photograph having a scale of one inch to 200 feet when available from the county, or a scale of one inch to 400 feet when such photographs arc. not available from the county. The location of seagrass beds shall be verified by a site visit by the sile development review director, or his designee, prior to issuance of any project approval or permit. 2.6.21.2.6.1. All proposed dock facilities shall be located and aligned to stay at least ten feet from any existing seagrass beds, except where a continuous bed of seagrasses exists off the shore of the property and adjacent to the property, and to minimize negative impacts to seagrasses and other native shoreline, emergent and submerged vegetation and hard bottom communities. 2.6.21.2.6.2. Where a continuous bed of seagrasses exists off the shore of the property and adjacent to the property, the applicant shall be allowed to build a dock across the seagrass beds~ or a docking facility within ten feet of seagrass beds. Such docking facilities shall comply with the following conditions: 1. The dock shall be at a height of at least 3.5 feet NGVD. 2. The terminal platform area of the dock shall not exceed 160 square feet.. 3. The access dock shall not exceed a width of four feet. 4. The access dock and terminal platform shall be sited to impact the smallest area of seagrass beds possible. 2.6.21.2.6.3. The petitioner shall be required to demonstrate how negative impacts to seagrass beds and other native shoreline vegetation and hard bottom communities have been minimized prior to any project approval or permit issuance. AGENDA ITEM No ..... JUN 2 0 ; 001 2.6.21.3. Dock facili~_ extension. Additional protrusion of a dock facility into any waterway beyond the limits established in subsection 2.6.21.2 of this code may be considered appropriate under certain circumstances. The collier county planning commission, at a duly advertised public hearing, shall approve, approve with conditions, or deny, a dock facil!~,,,e,,,,x, !ension request based on the criteria below~ : ............. ' i~~ ~ " . .]_.._~.~_._._a~a~ ~j ......... - . - - . .-- , .......... ..... ~ ; ...................... .. _.!~__ .... . As to any boat dock extension petition upon which the planning commission takes action, pursuant to subsection 5.2.11 of this code, an aggrieved petitioner or adversely affected property owner may appeal such final action to the board of zoning appeals. The board of zoning appeals may aft-m, affirm with conditions, reverse, or reverse with conditions the action of the planning comrrfission. Such appeal shall be filed with the community development and environmental services division and shall be noticed for hearing by the board of zomn to the procedures and applicable fee set forth in subsection 1.6.6 of this ITEM ~ .......... ~ , ~ su~sectmn.~.6~ ..... ,~. ............... .; , .... ent ~eomnl~ance'~it /.0¢ OUN ~o zoo~ 2.6.21.4.1. Minimum side setback requirement: 15 feet. 2.6.21.4.2. Maximum protrusion into waterw~ is less; th~:r6~ai~fi of canal width or 20 feet, whichever 2.6.21.4.4. Maximum number of boathouses or covered Structures per site: 1. 2.6.21.4.5. All boathouses and covered structures shall be completely open on all four sides. 2.6.21.4.6. Roofing material and roof color shall be the same as materials and colors used on the structure or be of a >alm frond A(tEI~DA ITEM NO. JUN 0 ZOO1 Add this drawing - EXhibit A LOT i 60' 80' OR TYPICAL I~ORE I,F.SS 60' TIIAN 60' -. 100' ]V^'I'I,.'.RWAY ~ · .[ 15' -..' I .r~. 1,5' % LOT 3 15' 16' ? % l,o'r 4. LOT 6 I,OT 6 TYPICAL SE'I'I{^CK IU'JC~Ulltl;iI~tICN'I'$ FOR DOCK FACII.ITIES R.I...-.. {~.i{3ARIAN {..I N I;: AGENDA ITEM NO. · JUN. 2 0 2001 ORIGIN: Community Development & Environmental Services AUTHOR: Patrick G. White, Assistant County Attorney DEPARTMENT: County Attorney's Office LDC PAGES: 2:232 LDC SECTIONS: Sec. 2.7.2.3.4. Amendment procedures. CHANGE: Clarifies that the proposed amendments are initiated by the Board of County Commissioners. REASON: The code previously implied that proposed amendments were initiated by the Board of County Commissioners. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None 2.7.2.3. No~e. 2.7.2.3.4. Notice and public hearing where proposed amendment ~,' ~.~, ~ , ~?~ -- . ..... ;,~, r* would change the zontng map destgnatton of a parcel or parcels of land involving ten contiguous areas or more of land in the county or would change the actual list of permitted, conditional, or prohibited uses of land within a zoning category. In cases mtmte~ne~.t~ar~};~e~ in which the proposed change to the zoning map designation of a parcel or parcels of land ~nvolves ~!~ contiguous ~es~-~r more of land or changes the actual list of,~permitted, conditional or prohibited uses of land within a zoning category g s shall be enacted or amended pursuant to the public notice and hearing requirements by the planning commission and the board of county commissioners. AGENDA ITEM NO. JUN 0 2001 ORIGIN: Code Enforcement AUTHOR: Code Enforcement Investigator John Marsh DEPARTMENT: Code Enforcement LDC PAGE: LDC2:253 LDC SECTION: Sec. 2.7.6. (5) CHANGE: Require a reasonable time frame to obtain inspections and certificate(s) of occupancy on issued after the fact permits. REASON: Currently Code Enforcement investigates cases of which structures, additions, repairs, or remodeling has been completed without obtaining a permit, inspection and a certificate of occupancy. Code Enforcement makes the violator obtain an after the fact building permit however, in most cases the violator will not call for the required inspections or get the required certificate within the six month period before permit abandonment shall be deemed. This will address the lack of monitoring the required building inspections and certificate of occupancy without keeping cases open for long periods of time. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None Sec. 2.7.6. Building permit and certificate of occupancy compliance process. 5. Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under 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. a. In the event the im rovement of ro ert construction of an t ~ re airs or remodelin of an t e that re uires a buildin ermit has b~ :n AGENDA ITEM No. ,. JUN 2 0 2001 completed all required inspection(s) and certificate(s) of occupancy must be obtain within §i~W::~6O) dayg after the issuance of after the fact permit(s). AGENDA ITEM NO. JUN 2 0 2001 ORIGIN: Community Development & Environmental Services AUTHOR: Nancy Siemion, Landscape Architect DEPARTMENT: Planning Services LDC PAGE: 2:290 LDCSECTION: 2.8.3.7.2. Landscaping CHANGE: Increase the size of trees in parking lots proportionately to the size of the parking area. Projects with larger parking lots will have larger trees. REASON: To soften the appearance of large parking lots in front of commercial shopping centers. FISCAL & OPERATIONAL IMPACTS: The trees will cost anywhere from $ 400 to $600 per tree. (Under the current standards, trees cost $150 to $ 400 per tree). RELATED CODES OR REGULATIONS: Division 2.4 Landscaping and Buffering 2.8.3.7.2. Landscaping. The following requirements, with the exception of building perimeter plantings, shall be counted toward the required greenspace and open space requirements of division 2.4. of this code. 1. Until the time specified belows_& at time of planting, trees in vehicular use areas shall be a minimum of 12 to 14 feet height with a six-foot spread and a two and one-half inch caliper and shall have a clear trunk area to a height of seven feet. Beginning on June 1, 2002, at time of planting, trees in vehicular use areas shall be a minimum of 14 to 16 feet hei ht with a six to ei ht foot s read and a three to four inch cali er and shall have a clear trunk area to a hei ht of six feet... AGENDA ITEM NO._ -- JUN 0 ZOO1 ORIGIN: Community Development and Environmental Services Division AUTHOR: Thomas Kuck, Engineering Review Manager, John Houldsworth, Senior Engineer, Donald Blalock, CDES-Technical Professional & County GIS Consultant DEPARTMENT: Planning Services LDC PAGE: LDC3:23 LDC SECTION: 3.2.6.5.3 (3) Subdivision Improvements CHANGE: To require applicant's professional engineer to supply subdivision plat improvement plans in which all data be delivered in the State Plane coordinate system, with a Florida East Projection, and a North American Datum 1983 (NAD83 datum), with United States Survey Feet (USFEET) units; files shall be in a Digital Exchange File (DXF) format; information layers shall have common naming conventions (i.e. right-of-way - ROW, centerlines - CL, edge-of-pavement - EOP, etc.), acceptable to the development services director at the time of preliminary acceptance of the subdivision improvements. REASON: The Community Development and Environmental Services Division is in the process of having thousands of sheets of record Mylar drawings scanned to be saved in CD format as well as having a new Geographical Information System (GIS) coming on line within the next few months. These digital submittal requirements are enacted to enable the County to serve our customers, the public, better. It will allow permitting applications to be reviewed faster, and reduce the number of paper copies to be submitted., and to the drawings. A disk received from the applicant's engineer is easier and cheaper to transfer to CD than scanning a Mylar drawing. FISCAL & OPERATIONAL IMPACTS: The fiscal impact to the County will be reduced fees to have record construction drawings converted to CD format. RELATED CODES OR REGULATIONS: Division 3.2 Subdivisions 3.2.6.5.3 (3) Completion certificate, record improvement plans and supportive documents. The required improvements shall not be considered complete until a statement of substantial completion by the applicant's professional engineer of record along with the final development records have been furnished to, reviewed and approved by the development services director for compliance with this division. The applicant's professional engineer of record shall also furnish one set of record improvement plans on a Mylar or other similar acceptable material, with a minimum of two mil thickness, and two sets of certified prints acceptable to the development services director; - showing the original design in comparison to the actual finished work. The Mylars shall be labeled as record drawings on each sheet prior to printing of the required sets of prints. The applicant's professional engineer shall also submit a ccm x:ter disk I JUNSOZO01 ~ / / / digitally created construction / site plan documents, one (1) disk (CDROM) of the master plan file, including, where applicable, easements, water/wastewater facilities, and storm water drainage system. The digital data to be submitted shall follow these _formatting guidelines: All data shall be delivered in the State Plane coordinate systc,m, with a information layers shall have common naming conventions (i.e. right-of-way- ROW, ~enterlines - CL, edge-of-pavement - EOP, etc.). For a plan to be deemed complete, ~he la erin scheme must be readil understood b Count Staff. These di ital submittal requirements are enacted to enable the County to serve our customers, the Public, better. It will allow permitting applications to be reviewed faster, and reduce; the number of paper copies to be submitted. In addition all property information ~arcels, lots, and requisite annotation) shall be drawn on a unique information layer, with all linework pertaining to the property feature located on that layer. Example: parcels - all lines that form the parcel boundan will be located on one parcel layer.. Annotations pertaining to property information shall be on a unique layer. Example: lot dimensions - lottxt layer. In addition, a copy of applicable measurements, tests and reports made on the w0~k and material during the progress of construction must be furnished. The record construction data shall be certified by the applicant's professional engineer and professional land surveyor and shall include but not be limited to the following items which have been obtained through surveys performed on the completed required improvements: 3.2.6.5.3 (3) LDC AMENDMENT/JH AGENDA ITEM NO. JUN 0 2001 ORIGIN: Planning Services, Engineering Review Section AUTHORS: Thomas E. Kuck, P.E., Engineering Review Manager, John Houldsworth, Senior Engineer DEPARTMENT: Planning Services LDC PAGE: LDC 3:32 LDC SECTION: 3.2 Subdivisions CHANGE: Add requirements for re-submittals of Construction Plans and Plats. REASON: To clarify expectations and provide for consistency in the review process. FISCAL & OPERATIONAL IMPACTS: There are no fiscal or operational impacts. RELATED CODES OR REGULATIONS: 3.2 Subdivisions 3.2.8.2.18. Upon re-submittal of construction plans and plat, the engineer shall identify_ all revisions to the construction plans by lettering or numbering; the surveyor shall identi _fy all revisions to the plat by highlighting the current revisions. The applicant shall also provide a written response to the county's comments, responding to each comment individually. //? AGENDAITEM NO. JUN 2 0 2001 ORIGIN: Community Development and Environmental Services Division AUTHOR: Thomas Kuck, Engineering Review Manager, John Houldsworth, Senior Engineer, Donald Blalock, CDES-Technical Professional & County GIS Consultant DEPARTMENT: Planning Services LDC PAGE: LDC3:60.1 LDC SECTION: 3.2.9.1.6. Subdivision Improvements CHANGE: To require applicant's professional engineer to supply subdivision improvement plans in which all data be delivered in the State Plane coordinate system, with a Florida East Projection, and a'North American Datum 1983 (NAD83 datum), with United States Survey Feet (USFEET)) units; files shall be in a Digital Exchange File (DXF) format; information layers shall have common naming conventions (i.e. right-of-way - ROW, centerlines - CL, edge-of-pavement - EOP, etc.) acceptable to the development services director at the time of preliminary acceptance of the subdivision improvements. REASON: The Community Development and Environmental Services Division is in 'the process of having thousands of sheets of record Mylar drawings scanned to be saved in CD format as well as having a new Geographical Information System (GIS) coming on line within the next few months. These digital submittal requirements are enacted to enable the County to serve our customers, the public, better. It will allow permitting applications to be reviewed faster, and reduce the number of paper copies to be submitted. FISCAL & OPERATIONAL IMPACTS: The fiscal impact to the County will be ~,~d,,,.r~rE~ " NO.__ -- to have record construction drawings converted to CD format. RELATED CODES OR REGULATIONS: Division 3.2 Subdivisions J[J~i ~ 0 7.001 3.2.9.1.6. After the final subdivision plat has been approved by the development sc viceq:,g. / director for compliance with this code as provided in this division, the apl flicant shall resubmit five certified sets of the previously approved improvement plans along with approved copies of all required county, state and federal construction permits. :t:he --1: ..... h~ll ~, ..... ~--:* The applicant's professional engineer shall also submit a_ apt~ ....................... digitally created construction / site plan documents, one (1) disk (CDROM) of the master plan file, including, where applicable, easements, water/wastewater facilities, and storm water drsinage system. The digital data to be submitted shall follow these with information layers shall have common naming conventions (i.e. right-of-way - ROW., ~enterlines - CL, edge-of-pavement - EOP, etc.). For a plan to be deemed complete, //$ the layering scheme must be readily understood by County Staff· These digital submittal requirements are enacted to enable the County to serve our customers, the public, better. It will allow permitting applications to be reviewed faster, and reduce, the number of paper copies to be submitted. In addition all property information (parcels, lots, and requisite annotation) shall be drawn on a unique information layer, with all linework pertaining to the property feature located on that layer. Example: parcels - all lines that form the parcel boundary_ will be located on one parcel layer. Annotations pertaining to property information shall be on a unique layer. Example· lot dimensions - lottxt layer, a ......... a:~, ...... :_:__ ~u^ .~ ..... :__ ~.,_ - ...................................... ~ ........... All construction permits required from local, state and federal agencies must be submitted to the development services director prior to commencing development within any phase of a project requiring such permits. 3.2.6.5.3 (3) LDC AMENDMENT/JH AGENDA ITEM NO._ JUN ~ 0 7001 ORIGIN: Community Development and Environmental Services Division AUTHOR: Thomas Kuck, Engineering Review Manager, John Houldsworth, Senior Engineer, Donald Blalock, CDES-Technical Professional & County GIS Consultant DEPARTMENT: Planning Services LDC PAGE: LDC 3:78.1.1 LDC SECTION: 3.3.12. Site Development Plans CHANGE: To require applicant's professional engineer to supply site development plans in which all data be delivered in the State Plane coordinate system, with a Florida East Projection, and a North American Datum 1983 (North American Datum 1983), with United States Survey Feet (USFEET) units; files shall be in a Digital Exchange File (DXF) format; information layers shall have common naming conventions (i.e. right-of-way - ROW, centerlines - CL, edge-of- pavement - EOP, etc.) acceptable to the development services director at the time of preliminary acceptance of the subdivision improvements. REASON: The Community Development and Environmental Services Division is in the process of having thousands of sheets of record Mylar drawings scanned to be saved in CD format as well as having a new Geographical Information System (GIS) coming on line within the next few months. These digital submittal requirements are enacted to enable the County to serve our customers, the public, better. It will allow permitting applications to be reviewed faster, and reduce the number of paper copies to be submitted. FISCAL & OPERATIONAL IMPACTS: The fiscal impact to the County will be reduced fees to have record construction drawings converted to CD format. RELATED CODES OR REGULATIONS: Division 3.2 Subdivisions 3.3.12. Electronic Data Requirement~ After the final site development plan has been approved by the development services director for compliance with this code as provided in this division, the applicant's professional engineer shall also submit a digitally created construction / site plan documents, one (1) disk (CDROM) of the master plan file, including, where applicable, easements, water/wastewater facilities, and storm water drainage system. The digital data to be submitted shall follow these formatting guidelines: All data shall be delivered in the Plane coordinate system, with a Florida East Proiection.~ and Datum with United States Survey Feet shall be in a Digital Exchange File (DXF) format; information layers shall have common naming conventions (i.e. right-of-way - ROW, centerlines - CL, edge-of-pavement - EOP, etc.). For a plan to be deemed complete, the layering scheme must be readily understood by County Staff. These digital submittal requirerr ~nts ,a,~Eu°^ enacted to enable the County to serve our customers, the public, better. It will allox~ ermitting JUN 2 0 2001 applications to be reviewed faster, and reduce the number of paper copies to be submitted. In addition all property information (parcels, lots, and requisite annotation) shall be drawn .on a unique information layer, with all linework pertaining to the property_ feature located on that layer. Example: parcels - all lines that form the parcel boundary_ will be located on one parcel layer. Annotations pertaining to property information shall be on a unique layer. Example: lot dimensions - lottxt layer. 3.3.12. LDC AMENDMENT/JH AGENDAITEM t No. JUN 2 0 2001 ORIGIN: Community Development & Environmental Services AUTHOR: Patrick White, Assistant County Attorney DEPARTMENT: County Attorney LDC PAGE: LDC3.90.3 LDC SECTION: 3.5 Excavations CHANGE: Change the applicability requirements for excavation permits to allow for changes in excavation regarding public facility improvement projects. REASON: This change will expedite the process used by the County or other public entity to build needed public roads, water and sewer improvements. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: Amend the LDC Code as follows: Sec. 3.5.3. Applicability; permit required. It shall be unlawful for any person, association, corporation or other entity to create, attempt to create, or alter an excavation without having obtained a permit therefore, except for public capital facility improvement projects, or as otherwise provided herein. AGENDAITEM No. JUN 2 0 2001 ORIGIN: Community Development & Environmental Services AUTHOR: Maura Kraus, Senior Environmental Specialist DEPARTMENT: Natural Resources LDC PAGE: 6:47 LDC SECTION: 6.3 Definitions CHANGE: Add a definition for PSI (Pounds per Square Inch) calculations. REASON: FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: 3.14.3 Exceptions; permit Amend the LDC Code as follows: 6.3 Definitions PSI (Pounds per Square Inch): Standard Formula for Establishing Ground-to-tire (PS1) Formula for establishing a vehicles maximum ground-to-t irc pressure in pounds per square inch (psi) for vehicle on the beach and beach cleaning permit condtt~ons (See division 3.14.3): psi- Vehicle weight (lbs) / footprint (in2). Example: 404 lbs (ATV weight) + 200 (person and equipment weight) / 198 inches2 (ATV with a 6"X8.25" foot print X 4 tires) = 3.1 psi AGENDA ITEM No. JUN 2 0 2001 ORIGIN: Community Development & Environmental Services AUTHOR: Patrick White, Assistant County Attorney DEPARTMENT: County Attorney LDC PAGE: LDC6:49 LDC SECTION: 6.3 Definitions CHANGE: Add the word "water" and change the word "drainageway" to "drainage" in the definition of "Right-of-way". REASON: This change will remove any ambiguity regarding whether storm water retention facilities are included in the definition of right-of-way. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: Division 3.2 Subdivisions Amend the LDC Code as follows: 6.3 Definitions Right-of-way: A strip of land, public or private, ocCupied or intended to be occupied by a street, crosswalk, railroad, electric transmission line, oil or gas pipeline, storm water drainage, va-y, water main, sanitary or storm sewer main, or for similar special use. The usage of the term "right-of-way" for land platting purposes shall mean that every right-of-way, whether public or private, hereafter established and shown on a plat is to be separate and distinct from the lots or parcels adjoining such right-of-way and not included within the dimensions or areas of such lots or parcels. (See division 3.2.) -- AGENDA ITEM No. JUN 2 0 2001 ORIGIN: Community Development & Environmental Services AUTHOR: Susan Murray, AICP DEPARTMENT: Planning Services LDC PAGE: LDC6:59 LDC SECTION: Division 6.3 Definitions CHANGE: To clarify the definition of 'Structure' to more clearly define that "walls" as regulated in 2.6.11. "Fences", are intended to be regulated in the same manner as fences. REASON: The LDC's definition of a "Structure" specifically excludes fences, but does not mention walls. Walls, which function like a fences, should be and were intended to be excluded from the definition of a structure for the following reasons. LDC Section 2.6.11. "Fences," establishes the regulatory framework for fences. Within that section, both walls and fences are referenced. Within these regulations, there is no distinction between walls and fences, and in fact, all of the regulations for fences also apply to walls. Staff's opinion is that the only reason they are differentiated in section 2.6.1 1 is for clarification purposes, to insure that fences and walls are regulated in the same manner. It is obvious that the function of a fence or wall is identical, and their elevations, supporting mechanisms, and methods of attachment to the ground are nearly identical. The definition of Structure should be clarified to include the word "walls". FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: 2.6.11 Amend the LDC as follows: 6.3 Definitions Structure: Anything constructed or erected which requires a fixed location on the ground, or in the ground, or attached to something having a fixed location o'n or in the grgund. Fences and walls, gates or posts are not intended to be structures. (See division 3.4 [sic].) AGENDA ITEM NO. JUN 2 0 7001 ORIGIN: Community Development & Environmental Services AUTHOR: Susan Murray, AICP DEPARTMENT: Planning Services LDC PAGE: LDC6:65 LDC SECTION: Division 6.3 Definitions CHANGE: To correct an error in the definition of' Yard' REASON: The LDC's definition of a "Yard" mistakenly defines the open space as required to be "obstructed" by a structure rather than "unobstructed". FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None Amend the LDC as follows: 6.3 Definitions Yard: The required open space, unoccupied and ~ unobstructed by any structure or portion of a structure from 30 inches above the general ground level of the graded lot upward, provided, however, that fences and walls may be permitted in any yard subject to height limitations indicated herein. AGENDA ITEM NO.__ -- JUN 2 0 ?.001 ,~.uJE ~-crJ iiiuj r~ C~ IJJ C~J~ C~ o I,-C~ mm CCC) ILl Z F- LU