Backup Documents 10/24/2001 SBOARD OF COUNTY COMMISSIONERS
SPECIAL MEETING
OCTOBER 24, 2001
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
October 24, 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
1
October 24, 2001
FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST
TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (941) 774-8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN
THE COUNTY COMMISSIONERS' OFFICE.
PLEDGE OF ALLEGIANCE
This item requires that all participants be sworn in and ex parte disclosure be
provided by Commission members. An Ordinance amending Ordinance Number
91-102, as amended, the Collier County Land Development Code, which includes the
Comprehensive Zoning Regulations for the Unincorporated Area of Collier County,
Florida, by providing for: Section One, Recitals: Section Two, Findings of Fact:
Section Three, Adoption of Amendments to the Land Development Code, more
specifically amending the following: Article 2, Zoning, Division 2.2 Zoning Districts,
Permitted uses, Conditional Uses, Dimensional Standards, Division 2.7. Zoning
Administration and Procedures; Article 3, Division 3.5 Excavation; and readopting
certain amendments to Division 2.5 Signs, Section Four, Conflict and Severability;
Section Five, Inclusion in the Collier County Land Development Code; and Section
Six, Effective Date.
Ordinance 2001-60 - Adopted 5/0
3. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383.
2
October 24, 2001
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
To: Clerk to the Board: Please place the following as a:
XXX Normal legal Advertisement [] Other:
(Display Adv., location, etc.)
OriginatingDept/Div: Comm. Dev. Serv./Planning Person: Dcm Blalock Date: 9/26/01
Petition No. (If none, give brief description): LD C - C y c 1 ~ 2 A- S pe c i a 1
Drive
[]LegallyRe~ked
O~d. amending Ord. 91-102, Collier
County Land Development Code
Petitioner: (Name&Address): Collier County Planning Services 2800 N. Horseshoe
ATT': Don Blalock
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet)
Hearing before XXX BCC BZA Other
Requested Hearing date: ]O[2-lJf/t~[ Based on advertisement appearing 15 days before hearing-
Newspaper(s) to be used: (Complete only if important):
XXX Naples Daily News Other
Proposed Text: (Include legal description & common location & Size:
Companion petition(s), if any & proposed hearing date:
Does Petition Fee include advertising cost? [] Yes [] No If Yes, what account should be charged for advertising costs:
113-138312-649110 Approved by:
Division Head Date - County Manager Date
List Attachments:
DISTRIBUTION INSTRUCTIONS
For hearings before BCC or BT, A: Initiating person to complete one coy and obtain Division Head approval before
submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request
for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute
copies:
[] County Manager agenda file: to [] Requesting Division [] Original
Clerk's Office
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
O Y
Date Received:
ORDINANCE NO. 01- ~
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102,
AS AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE, WHICH INCLUDES THE
COMPREHENSIVE ZONING REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS:
SECTION TWO, FINDINGS OF FACT: SECTION THREE,
ADOPTION OF AMENDMENTS TO THE LAND
DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING
THE FOLLOWING: ARTICLE 2, ZONING, DIVISION 2.2.
ZONING DISTRICTS, PERMITTED USES, CONDITIONAL
USES, DIMENSIONAL STANDARDS, DIVISION 2.7. ZONING
ADMINISTRATION AND PROCEDURES; ARTICLE 3,
DIVISION 3.5 EXCAVATION; AND READOPTING CERTAIN
AMENDMENTS TO DIVISION 2.5 SIGNS, SECTION FOUR,
CONFLICT AND SEVERABILITY; SECTION FIVE,
INCLUSION IN THE COLLIER COUNTY LAND
DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE
DATE.
WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners adopted
Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LDC) , which has been
subsequently amended; and
WHEREAS, the LDC may not be amended more than two times in each calendar year pursuant to
Section 1.19.1., LDC; and
WHEREAS, this is the first amendment to the LDC, Ordinance 91-102, for the calendar year 2001;
and
WHEREAS, on March 18, 1997, the Board of County Commissioners adopted Resolution 97-177
establishing local requirements and procedures for amending the LDC; and
WHEREAS, all requirements of Resolution 97-177 have been met; and
WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold
advertised public hearings on October 10, 2001 and October 24, 2001, and did take action concerning these
amendments to the LDC; and
WHEREAS, the subject amendments to the LDC are hereby determined by this Board to be
consistent with and to implement the Collier County Growth Management Plan as required by Subsections
163.3194 (1) and 163.3202 (1), Florida Statutes; and
WHEREAS, all applicable substantive and procedural requirements of the law have been met.
NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier
County, Florida, that:
SECTION ONE: RECITALS
The foregoing recitals are true and correct and incorporated by reference herein as if fully set forth.
SECTION TWO: FINDINGS OF FACT
Words str'..'-ck t?~cugk are deleted, words underlined are added.
1
The Board of County Commissioners of Collier County, Florida, hereby makes the following
findings of fact:
1. Collier County, pursuant to Sec. 163.3161, et seq., Fla. Stat., the Florida Local Government
Comprehensive Planning and Land Development Regulations Act (hereinafter the "Act"), is required to prepare
and adopt a Comprehensive Plan.
2. After adoption of the Comprehensive Plan, the Act and in particular Sec. 163-3202(1). Fla.
Stat., mandates that Collier County adopt land development regulations that are consistent with and implement
the adopted comprehensive plan.
3. Sec. 163.3201, Fla. Stat., provides that it is the intent of the Act that the adoption and
enforcement by Collier County of land development regulations for the total unincorporated area shall be based
on; be related to, and be a means of implementation for, the adopted Comprehensive Plan as required by the
Act.
4. Sec. 163.3194(1)(b), Fla. Stat., requires that all land development regulations enacted or
amended by Collier County be consistent with the adopted Comprehensive Plan, or element or portion thereof,
and any land development regulations existing at the time of adoption which are not consistent with the adopted
Comprehensive Plan, or element or portion thereof, shall be amended so as to be consistent.
5. Sec. 163.3202(3), Fla. Stat., states that the Act shall be construed to encourage the use of
innovative land development regulations.
6. On January 10, 1989, Collier County adopted the Collier County Growth Management Plan
(hereinafter the "Growth Management Plan" or "GMP") as its Comprehensive Plan pursuant to the requirements
of Sec. 1634.3161 et seq. Fla. Stat., and Rule 9J-5, F.A.C.
7. Sec. 163.3194(1)(a), Fla. Stat., mandates that after a Comprehensive Plan, or element or
portion thereof, has been adopted in conformity with the Act, all development undertaken by, and all actions
taken in regard to development orders by, governmental agencies in regard to land covered by such
Comprehensive Plan or element or portion thereof shall be consistent with such Comprehensive Plan or element
or portion thereof.
8. Pursuant to Sec. 163.3194(3)(a), Fla. Stat., a development order or land development
regulation shall be consistent with the Comprehensive Plan if the land uses, densities or intensities, in the
Comprehensive Plan and if it meets all other criteria enumerated by the local government.
9. Section 163.3194(3)(b). Fla. Stat., requires that a development approved or undertaken by a
local government shall be consistent with the Comprehensive Plan if the land uses, densities or intensities,
capacity or size, timing, and other aspects of development are compatible with, and further the objectives,
policies, land uses, densities or intensities in the Comprehensive Plan and if it meets all other criteria
enumerated by the local government.
10. On October 30, 1991, Collier County adopted the Collier County Land Development Code,
which became effective on November 13, 1991 and may be amended twice annually.
11. Collier County finds that the Land Development Code is intended and necessary to preserve
and enhance the present advantages that exist in Collier County; encourage the most appropriate use of land,
water and resources, consistent with the public interest; overcome present handicaps; and deal effectively with
future problems that may result from the use and development of land within the total unincorporated are of
Collier County and it is intended that this Land Development Code preserve, promote, protect, and improve the
public health, safety, comfort, good order, appearance, convenience, and general welfare of Collier County;
prevent the overcrowding of land and avoid the undue concentration of population; facilitate the adequate and
efficient provision of transportation, water, sewerage schools, parks, recreational facilities, housing, and other
requirements and services, conserve, develop, utilize, and protect natural resources within the jurisdiction of
Collier County; and protect human, environmental, social, and economic resources; and maintain through
orderly growth and development, the character and stability of present and future land uses and development in
Collier County.
Words struclc t~rougk are deleted, words underlined are added.
2
12. It is the intent of the Board of County Commissioners of Collier County to implement the
Land Development Code in accordance with the provisions of the Collier County Comprehensive Plan, Chapter
125, Fla. Stat., and Chapter 163, Fla. Stat., and through these amendments to the Code.
SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE
SUBSECTION 3.A.
AMENDMENTS TO ZONING DISTRICTS, PERMITTED
CONDITIONAL USES, DIMENSIONAL STANDARD DIVISION
USES,
Division 2.2., Zoning Districts, Permitted Uses, Conditional Uses, Dimensional Standards, of
Ordinance 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as
follows:
DIVISION 2.2.
ZONING DISTRICTS, PERMITTED USES,
DIMENSIONAL STANDARDS
Sec. 2.2.12. Commercial professional district (C-l).
Sec. 2.2.12.2.1. Permitted uses
2. Automobile parking (7521) except for tow-in parking.
Sec. 2.2.14. Commercial intermediate district (C-3).
Sec. 2.2.14.2.1 Permitted uses
Sec. 2.2.15.
CONDITIONAL
4. Automotive services (7549) except that this shall not be construed to permit
the activity of "wrecker service (towing) automobiles, road and towing service."
General commercial district (C-4).
Sec. 2.2.15.2.1 Permitted uses
5. Automotive repair, services, parking ( groups 7514, 7515,7521 except that
this shall not be construed to permit the activity of "tow-in parking lots", and
carwashes ( group 7542, provided that carwashes abutting residential zoning
districts shall be subject to the following criteria: _.
USES,
Sec. 2.2.16.
Industrial district (I).
Sec. 2.2.16.2.1 Permitted uses
Words ~' .... t~ ~. ..... ~.
........... ~.. are deleted, words underlined are added.
3
18.
General Aviation Airport which may include for use during temporary
special event activities such as air shows and the like a recreational vehicle
-1819.
campground and ancillary support facilities.
Gunsmith shops (group 7699) with accessory shooting range for testing
and training except for outdoor shooting ranges.
Heavy construction (groups 1611-1629
SUBSECTION 3.B.
AMENDMENTS TO ZONING AND ADMINISTRATION PROCEDURES
DIVISION
Division 2.5., Signs, of Ordinance 91-102, as amended, the Collier County Land Development Code,
is hereby amended to read as follows:
DIVISION 2.5. SIGNS
Sec. 2.5.5. Permitted signs.
2.5.5.1.
Signs within residential zoned districts and as applicable to residential designated
portions of PUD zoned properties.
2.5.5.1.1. Development standards.
Maximum allowable height. All signs within residential zoned districts
and as applicable to residential designated portions of PUD zoned
properties are limited to a maximum height of eight feet, or as provided
within this code. Height shall be measured from the lowest centerline
grade of the nearest public or private R.O.W. or easement to the
uppermost portion of the sign structure.
o
Minimum setback. All signs within residential zoned districts and as
applicable to residential designated portions of PUD zoned properties shall
not be located closer than 15 10 feet from the property line, unless
otherwise noted below or as provided for in section 2.1.13.
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 4-5 10 feet or wall "For Sale,"
"For Rent," or similar sign, with a maximum of 64 square feet in size, per
street frontage for each parcel or lot in excess ten acres in size.
Real estate signs shall not be located closer than 4-5 10 feet from any
property line. In the case of undeveloped parcels where the existing
Words ...... ~r ,~. ..... ~' are deleted, words underlined are added.
4
2.5.5.1.3.
2.5.5.1.4.
2.5.5.1.5.
2.5.5.1.6.
vegetation may not allow the location of the sign -1-5 10 feet from the
property line, the planning services director may allow a reduction in the
amount of the required setback however, in no case shall said sign be
located closer than five feet from any property line unless authorized by
the board of zoning appeals through the variance process.
o
Real estate signs shall be removed when an applicable temporary use
permit has expired, or within seven days of any of the following
conditions: ownership has changed; the property is no longer for sale; rent
or lease; or, the model home is no longer being used as a model home.
A sign advertising that a property has been sold or leased shall not be
displayed for more than gO 14 days after it is erected.
Model home signs. One on-premises sign for model homes, approved in
conjunction with a temporary use permit in any zoning district not to exceed 32
square feet. Model home sign copy shall be limited to the model name, builder's
name, name and address, phone number, price, logo, and model home. Model
home signs shall not be illuminated in any manner (No building permit
required.)
Construction signs. All supports for such signs shall be securely built,
constructed, and erected and shall be located on the site under construction,
subject to the following:
One ground sign with a maximum height of 6 feet or wall sign, with a
maximum of four square feet in size, may be used as a construction sign
by the general contractor of the development or as a permit board, within
each front yard for each parcel less than one acre in size. (No building
permit required.)
One ground sign with a maximum height of 8 feet or wall sign, with a
maximum of 12 square feet in size, may be used as a construction sign by
the general contractor of the development or as a permit board, within
each front yard for each parcel one to ten acres in size. (No building
permit required.)
One pole sign with a maximum height of 15 10 feet or wall sign, with a
maximum of 64 square feet in size, may be used as a construction sign by
the general contractor of the development or as a permit board, within
each front yard for each parcel in excess of ten acre in size.
One ground sign with a maximum height of 6 feet or wall sign, with a
maximum of four square feet in size, may be used as a construction sign
by each contractor, lending institution, or other similar company involved
with the development, regardless of parcel size, (No building permit
required.)
Residential directional or identification signs. Directional or identification signs
no greater than four square feet in size, and located internal to the subdivision or
development may be allowed subject to the approval of the planning services
director, or his designee. Such signs shall only be used to identify the location or
direction of approved uses such as models or model sales centers, club house,
recreational areas, etc. These signs may be clustered together to constitute a sign
with a maximum area of 24 square feet and a maximum height of eight feet. Such
clustered signs shall require a building permit. For signage to be located
along the Golden Gate Parkway see division 2.2, section 2.2.21.1 and 2.2.21.6.2.
On-premises signs within residential districts. Two ground signs with a maximum
height of 8 feet or wall residential entrance or gate signs may be located at each
entrance to a multi-family, single-family, mobile home or recreational vehicle
park subject to the following requirements: Furthermore, bridge signs bridge signs
Words struck t~rc.t:gh are deleted, words underlined are added.
5
2.5.5.1.7.
2.5.5.2.
2.5.5.2.1.
located on private bridges directly leading to private communities shall not be
considered off- premise signs. Bridge signs complying with the requirements of
section 2.5.5.1.6 may be substituted for ground or wall signs in residential
districts.
Such signs shall contain only the name of the subdivision, the insignia or
motto of the development and shall not contain promotional or sales
material. Said signs shall maintain a 10 -1-5-foot setback from any property
line unless placed on a fence or wall subject to the restriction set forth in
section 2.6.11.
The ground or wall signs shall not exceed a combined area of 64 square
feet, and shall not exceed the height or length of the wall or gate upon
which it is located.
o
Logos without any verbal content and similar architectural features less
than ten square feet in area not containing any letters or numbers shall not
be considered signs and shall be allowed throughout the development.
However, should such architectural embellishments be located closer than
ten feet to any sign, then it shall be considered an integral part of the sign
and shall be subject to the restrictions of this section.
Conditional uses within the residential and agricultural districts.
Conditional uses within the residential district are permitted one wall sign
with a maximum of 32 square feet. Coruer lots are permitted two such
wall signs.
Conditional uses within the agricultural district in the urban area,
residential and estates districts with a street frontage of 150 feet or more
and a land area of 43,560 square feet or larger are permitted a ground sign
with a maximum height of 8 feet with and a maximum area of 32 square
feet.
Bulletin boards and identification signs for public, charitable, educational
or religious institutions located on the premises of said institutions and not
exceeding 12 square feet in size. (No building permit required.)
The Board of County Commissioners may approve additional signage as
may be deemed appropriate during the conditional use approval process.
Signs within non-residential districts:
Design criteria and uldnified sign plan. Where multiple on-premise signs are
proposed for a single site or project, or in the case of a shopping center or multi-
use building, a unified sign plan shall be employed. An application for site
development or site improvement plan approval shall be accompanied by a
graphic and narrative representation of the unified sign plan to be utilized on the
site. The unified sign plan must be applied for by the property owner, or his or her
authorized agent. The unified sign plan may be amended and resubmitted for
approval to reflect style changes or changing tenant needs. Design elements which
shall be addressed in both graphic and narrative form include:
(a) Colors;
(b) Construction materials and method;
(c) Architectural design;
(d) Illumination method;
(e) Copy style;
Words ...... "'~' ..... ~' are deleted, words underlined are added.
6
(-2-)(h)
Sign type(s) and location(s); and, conformance with the following:
No wall sign shall exceed 80 percent of the width of the unit(s) or
the building occupied by a business with a minimum of ten percent
clear area on each outer edge of the unit(s)or the building;
All wall signs for multi-use buildings shall be located at a
consistent location on the building facade, except that anchor
tenants may vary from this locational requirement in scale with the
anchor's tenant's larger primary facade dimensions. All signs shall
adhere to the dimensions provided for in the unified sign plan; and
Pole signs shall provide a pole cover no less than 50 percent of the
width of the sign, with architectural design features including
colors and/or materials common to those used in the design of the
building the sign is accessory to. A minimum 100 square foot
planting area shall be provided around the base of any ground or
pole sign, consistent with the provisions of division 2.5. of this
Code r~ m,,~,~,-:^~ , ~ ~.~, .... ',
Illustration 16
(Remove Illustration)
2.5.5.2.1.1.
(k)
(m)
The sign shall not be in the shape of a logo and the logo shall not
protrude from the sign.
The use of fluorescent colors is prohibited.
Outparcels.. In addition to the above requirements, tmifie~signs-ptat:~for
outparcels, regardless of the size of the outparcel, shall be limited to the
following:
Words air-ack through are deleted, words underlined are added.
7
2.5.5.2.2.
(a)
use In addition to any wall signs permitted by this Code, outparcels may
by allowed one additional sixty square feet wall sign facing the shopping
center if the additional sign is not oriented towards any public right-of-
way. In no case the number of wall signs for an outparcel can exceed 2
signs; and,
(b)
A single ground or pole sign for outparcels having a frontage of 150 feet
or more, not to exceed 60 square feet. Monument signs shall be limited to
-1-5 8feet in height.
Development standards.
Maximum allowable height. All pole or ground signs within non-
residential zoned districts and as applicable to non-residential designated
portions of PUD zoned properties are limited to a maximum height of 15
feet when located along an arterial or collector roadway and 12 feet for all
other roads, except as provided in this Code for pole or ground signs for
automobile service stations and outparcels which are limited to a
maximum height of 8 feet; the maximum height for directory signs is
limited to 20 feet. ~;~u~ c~, ..... , .... ,, ....,~ o; ........ +u ..... :~
v ................................. He t shall be measured from the lowest
centerline grade of the nearest public or private R.O.W. or easement to the
uppermost portion of the sign structure.
Minimum setback. All pole or ground signs within non-residential zoned
districts and as applicable to non-residential designated portions of PUD
zoned properties shall not be located closer than 15 10 feet from the
property line. Directory signs shall not be closer than 15 feet from the
property line, unless otherwise noted below or as provided for in section
2.1.13.
Maximum allowable sign area: 80 square feet for pole or ground signs
located along an arterial or collector roadway and 60 square feet for all
other roads, 60 square feet for outparcels and automobile service stations
and 150 square feet for directory signs.
The location of all permanent pole, ground and directory signs shall be
shown on the landscape plans as required by section 2.4.4.17.
The maximum size limitation shall apply to each structure. Pole or ground
signs may be placed back to back or in V-type construction with not more
than one display on each facing for a maximum of two display areas for
each V-type sign, and such sign structure shall be considered as one sign.
o
Spot or floodlights shall be permitted only where such spot or floodlight is
non-revolving and said light shines only on the owner's premises or signs
and away from any right-of-way.
Words struck through are deleted, words underlined are added.
8
2.5.5.2.3.
2.5.5.2.4.
Real estate signs: The following signs classified as real estate signs shall be
permitted in non-residential districts subject to the following:
One ground sign with a maximum height of 10 feet or wall "For Sale,"
"For Rent," or similar sign with a maximum area of twelve square feet in
size per street frontage for each parcel, or lot less than one acre in size.
(No building permit required.)
One ground sign with a maximum height of 10 feet or wall "For Sale,"
"For Rent," or similar sign, with a maximum 32 square feet in size, per
street frontage for each parcel, or lot one to ten acres in size. (No building
permit required.)
One ground sign with a maximum height of-l-5 10 feet or wall "For Sale,"
"For Rent," or similar sign, with a maximum of 64 square feet in size, per
street frontage for each parcel or lot in excess of ten acres in size.
Real estate signs shall not be located closer than 4-5 10 feet from any
property line. In the case of undeveloped parcels where the existing
vegetation may not allow the location of the sign -1-5 10 feet from the
property line, the planning services director may allow a reduction in the
amount of the required setback however, in no case shall said sign be
located closer than five feet from any property line unless authorized by
the board of zoning appeals through the variance process.
Real estate signs shall be removed when an applicable temporary use
permit has expired, or within seven days of any of the following
conditions: ownership has changed; or, the property is no longer for sale,
rent or lease.
o
A sign advertising that a property has been sold or leased shall not be
displayed for more than 30 14 days after it is erected.
Construction signs. All supports for such signs shall be securely built,
constructed, and erected and shall be located on the site under construction and no
closer than -1-5 10 feet from any property line, and subject to the following:
One ground sign with a maximum height of 10 feet or wall sign, with a
maximum of 12 square feet, may be used as a construction sign by the
general contractor of the development or as a permit board, within each
front yard for each parcel less than one acre in size. (No building permit
required.)
One ground sign with a maximum height of 10 feet or wall sign, with a
maximum of 32 square feet in size, may be used as a construction sign by
the general contractor of the development or as a permit board, within
each front yard for each parcel one to ten acres in size. (No building
permit required.)
o
One pole ground sign with a maximum height of-l-5 10 feet or wall sign,
with a maximum of 64 square feet in size, may be used as a construction
sign by the general contractor of the development or as a permit board,
within each front yard for each parcel in excess of 10 acres in size.
One ground or wall sign, with a maximum of 4 square feet in size, may be
used as a construction sign by each contractor, lending institution, or other
similar company involved with the development, regardless of parcel size.
(No building permit required).
All construction signs must be removed prior to the issuance of a
certificate of occupancy.
Words struck througk are deleted, words underlined are added.
9
2.5.5.2.5.
On-premise signs. On-premise pole signs, ground signs, projecting signs, wall
signs, and mansard signs shall be allowed in all nonresidentially zoned districts
subject to the restrictions below:
2.5.5.2.5.1.
Pole or ground signs. Single-occupancy parcels, shopping centers, office
complexes, business parks, or industrial parks having frontage of 150 feet or more
on a public street, or combined public street frontage of 220 linear feet or more
for comer lots, shall be permitted one pole or two ground signs. Additional pole
or ground signs may be permitted provided that there is a minimum of a 1,000-
foot separation between such signs, and all setback requirements are met. In no
case shall the number of pole or ground signs exceed two per street frontage. In
addition, multiple-occupancy parcels such as shopping centers, office complexes,
business parks, or industrial parks containing 25,000 square feet or more of gross
leasable floor area, and eight of more independent businesses will be permitted
di ig ~:.. .... : .....;~ ~c.~,~ ....... ~:~ i gl
one rectory s n v, ........................... ~ ........for a s n e entrance
on each public street. When any directory sign is proposed then pole or ground
signs shall be limited to the name and logo of the complex and shall not contain
name of any tenant. The directory sign shall contain a minimum of 4 and a
maximum of 8 tenant names. The name of businesses located on outparcels shall
not appear of directory signs.
~.2.5.5.2.5.1.1.The minimum 15 foot setback requirement may be administratively reduced by a
maximum of ten feet by the planning services director upon submission of the
administrative variance fee and a written request. However in no case shall the
required setback be reduced to less than 5 feet. The planning services director's
decision to reduce the required 15 foot setback shall be based on the following:
a)
Where it can be demonstrated that within the adjacent right-of-way
the area between the property line and the edge of
pavement is excessively wide and that the actual paved area
is unlikely to be widened to the extent that reduction in the
required setback will result in the sign being any closer
than 30 feet to the edge of pavement;
b)
Where
due to the existing site conditions and improvements, it can
be demonstrated that adherence to the required minimum
required -1-5-,,,,,~ setback will have a deleterious effect on
the safety of users of the site from the perspective of
vehicular parking and vehicular and pedestrian .ingress and
egress;
c)
Where
due to the nature and location of existing landscape features
and/or specimen trees, it would be prudent to allow for a
reduction in the required setback so as to most
appropriately locate the sign structure; or,
d)
The extent of the reduction is the minimum amount necessary to
provide relief from the applicable conditions cited above.
Words gtr'.:ck tLro'.:g~ are deleted, words underlined are added.
10
2.5.5.2.5.2.
2.5.5.2.5.3.
2.5.5.2.5.4.
2.5.5.2.5.5.
Wall, mansard, canopy or awning signs. One wall, mansard, canopy or awning
sign shall be permitted for each single-occupancy parcel, or for each
establishment in a multiple-occupancy parcel. End units within shopping centers,
or single occupancy parcels where there is double frontage on a public right-of-
way, shall be allowed two signs, but such signs shall not be placed on one wall. Ln
...... ~ .............. 2 o-e, .... Retail businesses with a floor area of larger than
~--','~'-'-" ~ aaa 25,000 square feet and a front wall length of more than 200 linear feet,
are allowed three wall signs; however, the combined area of those signs shall not
exceed the maximum allowable display area for signs by this code.
The maximum allowable display area for signs shall not be more than 20
percent of the total square footage of the visual facade of the building to
which the sign will be attached and shall not, in any case, exceed 150
square feet for buildings or units up to 24,999 square feet, 200 square feet
for buildings or units between 25,000 and 59,999 square feet and 250
square feet for buildings over 60,000 259 square feet in area far an:,' gign.
Projecting signs. Projecting signs may be substituted for wall or mansard signs
provided that the display area of the projecting sign shall not exceed 60 square
feet of display area.
Projecting signs shall not project more than four feet from the building
wall to which it is attached.
Projecting signs shall not extend above the roofline of the building to
which it is attached.
3. Projecting signs shall not project into the public right-of-way.
Projecting signs which project over any pedestrian way shall be elevated
to a minimum height of eight feet above such pedestrian way.
Under-canopy signs. In addition to any other sign allowed by this code, one
under-canopy sign shall be allowed for each establishment in a shopping center.
This sign shall not exceed six square feet in area and shall be a minimum of eight
feet above finished grade. Under canopy signs do not require a building permit
unless the sign is equipped with an electrical component.
Signage for automobile service stations:
The followings are the only signs allowed in automobile services stations and
convenience stores with gas pumps.
Words S*..pdcld through are deleted, words underlined are added.
11
Window s,~ns: .... : o.~, ............. ~, ............ ~ ................
peru:rift-ed- as allowed in section 2.5.6.13 of this code.
An illuminated corporate logo with a maximum area of 12 square feet
shall be allowed on a canopy face which is adjacent to a dedicated street or
highway. Otherwise, accent lighting~ and back lighting and accent striping
are i-s prohibited on canopy structures.
o,.,~ ~: ..........~,, u:~,:.~.~ u .......... One (1) ground sign shall be
permitted for each site and shall be placed within a 200 square foot
landscaped area. Height is limited so that the top edge of the sign face is
less than eight feet above grade. Maximum permitted area :30 60 square
feet.
~ Signage, logos, advertising and information are prohibited
above gas pumps.
Wall signs: As allowed in section 2.5.5.2.5.2. of this code.
Directional signs: As allowed in section 2.5.6.2. of this code.
2.5.5.2.5.8.1.
Political signs. Political campaign signs and posters shall be permitted subject to
the following requirements:
Prior to the erection, installing, placing, or displaying of a political sign a
bulk temporary permit shall be obtained. The permit number shall appear
on every sign or on the pole supporting the sign. The fee for said bulk
permit shall be as adopted by resolution by the board of county
commissioners. A cash bond in the amount of $500.00 shall be posted
with the Collier County Development Services to insure adequate clean up
and removal of all political signs installed under the said permit. This
bond is not intended to replace the applicant's responsibility to remove all
political signs installed under the said permit. The Collier County
Development Services shall return such bond to the permitee if all signs
for the candidate or the issue for which the permit was issued is removed
within seven days after the election. In the case of non-compliance with
the requirements of this Code, the money in its entirety will be used by the
Development Services to take corrective actions.
Political campaign signs or posters within residentially zoned or used
property shall not exceed four square feet in size, and shall not be located
closer than five feet to any property line. Political signs placed within
residential districts shall require written permission from the property
owner.
Political campaign signs or posters will be permitted in all other zoning
districts within a maximum copy area of 40 32 square feet per sign, and
shall be located no closer than -1-5 10 feet to any property line. The number
of such signs shall be limited to one two signs for each lot or parcel per
bulk permit issued for each candidate or issue.
All supports shall be securely built, constructed and erected to conform
with the requirements of this code.
The maximum height of any political campaign sign or poster, except
those that may be affixed to a wall, shall be limited to eight feet.
Political signs shall be erected not more than 60 45 calendar days prior to
an election or political event, and shall be removed within seven calendar
Words struck ~rough are deleted, words underlined are added.
12
days after the election, event, or after the campaign issue has been
decided.
2.5.5.2.5.8.3. Special events signs. A special events sign not exceeding 32 square feet in size
may be displayed to announce or advertise such temporary uses as fairs, carnivals,
circuses, revivals, sporting events, or any public, charitable, educational event.
Such sign shall be located no closer than -1-5 10 feet to any property line. Such
signs shall require a building permit. Such signs shall require a building permit.
Special event signs shall be erected not more than 15 calendar days prior to the
advertised event and shall be removed within seven calendar days after the event
has taken place.
2.5.5.2.9.
Special purpose signs (on-site). Due to the unique and varied nature of the
following uses, additional signs may be required to provide the desired level of
service to the public. Special purpose signs shall be permitted as follows:
2.5.5.2.5.9.1.
Time and temperature signs. One time and temperature sign having a surface area
not exceeding 12 square feet shall be permitted at each industrial, commercial or
other non-residentially zoned property. Such signs may be affixed to the structure
of a pole or ground sign. Such sign shall require a building permit.
2.5.5.2.5.10.
Commercial, business park and industrial directional or identification signs.
Directional or identification signs no greater than six square feet in size, four feet
in height, and located internal to the subdivision or development and with a
minimum setback of 10 4-5 feet, may be allowed subject to the approval of the
community development and environmental services administrator, or his
designee. Such sign shall only be used to identify the location or direction of
approved uses such as sales centers, information centers, or the individual
components of the development;_. D._directional or identification signs
maintaining a common architectural theme maybe combined into a single sign not
to exceed six feet in height and 64 square feet in area. Such signs shall require a
building permit. For signage to be located along the Golden Gate Parkway, see
division 2.2, sections 2.2.21.1 and 2.2.21.6.2 and the Golden Gate Master Plan.
Logos shall not occupy more than 20 percent of the directional sign area when
the said sign is more than six square feet in area. Directional signs are also
subject to restrictions of section 2.5.6.2. of this code.
2.5.5.2.5.11.
On-premise signs within agricultural districts in the rural agricultural area
designated on the_future land use map o_f the growth management plan. On-
premises signs shall be permitted within agriculturally zoned or used property, for
agri-commercial uses defined within the Collier County zoning ordinance only,
and subject to the following restrictions:
2.5.5.2.5.11.1.
One pole or ground sign identifying the farm organization, located at the entrance
or gate of each street frontage, and only for permitted agricultural uses. The
maximum allowable sign area for each pole or ground sign shall not exceed 100
square feet with a maximum height of 20 feet, and shall be located a minimum of
15 feet from any property lines, public or private right-of-way or easement.
2.5.5.2.5.11.1.1. On premise signs within agricultural zoned districts in the urban area shall
comply with the requirements of section 2.5.5.2. of the land development code.
2.5.5.2.5.11.2.
Seasonal farm signs (on-site). One temporary ~ ground sign, with a
maximum height of 10 feet, and located a minimum of 10 feet from any property
line, public or private right-of-way or easement, identifying the farm, farm
organization, entrance, or gate not exceeding 40 32 square feet in area. This sign
shall be used to identify temporary agricultural offices so as to expedite the
exportation of crops to various parts of the county. Such signs shall be permitted
for a period not to exceed 30 days and may be issued only twice in any calendar
year. Such signs shall require a building permit.
Words str'ack tkro',:g~, are deleted, words underlined are added.
13
2.5.5.2.5.11.3.U-Pic signs. One U-Pic sign located at the entrance on each street frontage. The
maximum allowable sign area for each U-Pic sign shall not exceed 32 square feet
in area and a maximum height of 10 feet, and shall be located a minimum of 4-5
10 feet from any property line, public or private right-of-way or easement.
2.5.5.2.5.11.4.
Wall, mansard canopy or awning signs within agricultural districts. Wall,
mansard, canopy or awning signs shall be permitted within agriculturally zoned or
used property, for agri-commercial uses defined within the Collier County zoning
ordinance only, and subject to the following restrictions:
One wall or mansard, canopy or awning sign shall be permitted for each
principal use structure on the parcel. Corner parcels or double-frontage
parcels shall be allowed one sign per street frontage, but such signs shall
not be combined for the purpose of placing the combined area on one wall.
The maximum allowable display area for any sign shall not be more than
20 percent of the total square footage of the wall to which it is affixed, and
shall not in any case exceed 250 square feet in area per sign.
2.5.5.2.5.12.
Off-premises directional signs. Off-premises directional signs are permitted
subject to review and approval of the design and location of such signs by the
community development and environmental services administrator, or his
designee, if the following requirements are met:
Off-premises directional signs shall only be permitted in nonresidentially
zoned, or agricultural districts.
o
No more than two one sided or one double sided off-premise directional
signs shall be permitted, identifying the location and nature of a building,
structure, or use which is not visible from the arterial roadway serving
such building, structure, or uses, provided:
1. Each sign is not more than 12 square feet in area.
o
The sign is not more than eight feet in height above the lowest
center grade of the arterial roadway.
3. The sign is located no closer than 4-5 10 feet to any property line.
The applicant must submit with the permit application notarized,
written permission from the property owner where the off-site sign
is located.
o
The sign shall only be located within 1,000 feet of the intersection
of the arterial roadway serving the building, structure, or use.
Off-premises directional signs shall not be located closer than 50 feet from
a residentially zoned district.
Off-premises directional signs shall not be located closer than 100 feet
from another off-premises directional sign.
Sec. 2.5.6. Signs exempt from permitting.
In addition to those signs identified elsewhere in this code, the following signs are
exempt from the permit requirements of this code, and shall be permitted in all
districts subject to the limitations set forth below:
2.5.6.1.
Signs required to be maintained or posted by law or governmental order, rule, or
regulation.
2.5.6.2. On-premises directional signs, not exceeding six square feet in area and four feet in
height, intended to facilitate the movement of pedestrians and vehicles within the
Words sin:c!: tkrct:g~ are deleted, words underlined are added.
14
2.5.6.3.
2.5.6.4.
2.5.6.5.
2.5.6.6.
2.5.6.7.
2.5.6.8.
2.5.6.9.
2.5.6.10.
2.5.6.11.
2.5.6.12.
2.5.6.13.
2.5.6.14.
2.5.6.15.
site upon which such signs are posted. On-premises directional signs shall be
limited to two at each vehicle access point and a maximum of four internal to the
development. Internal signs are not intended to be readily visible from the road.
Directional signs are also subject to restrictions of section 2.5.5.2.5.10. of this
code.
One identification sign, professional nameplate, or occupational sign for each
professional office, or business establishment not to exceed two square feet in sign
area and placed flush against a building face or mailbox side, and denoting only
the name of the occupant and, at the occupant's election, the occupant's profession
or specialty and/or the street address of the premise.
Memorial plaques, cornerstones, historical tablets, and similar types of
commemorative signs when cut into any masonry surface or when constructed of
bronze or other noncombustible materials.
"No Trespassing," "No Dumping," or other prohibitory or safety type signs, provided
each sign does not exceed three square feet in size.
One ground or wall "For Sale," "For Rent," or similar sign per street frontage for each
parcel, or lot less than ten acres in size.
One on-premises sign for model homes, approved in conjunction with a temporary use
permit in any zoning district.
One
on-premises open house sign not to exceed four square feet in size. Such sign shall
not be located within -1-5 10 feet of any property line, right-of-way or access
easement.
Bulletin boards and identification signs for public, charitable, educational or religious
institutions located on the premises of said institutions and not exceeding 12
square feet in size.
Signs located on fences or walls surrounding athletic fields, or within sports
arenas, stadiums and the like, not to exceed 32 square feet in size, per sign. Signs
shall be oriented along the fence or wall to face the field(s) or playing area, and
away from any adjacent public or private roads.
Traffic control and safety signs or other municipal, county, state or federal signs,
legal notices, railroad crossing signs, danger signs and such temporary emergency
signs when erected by an appropriate authority.
Window merchandise displays which are changed on a regular basis, meaning no
less frequently than every 30 days.
Non-electrical, non-illuminated and non-reflective Wwindow signs not exceeding
25 percent of each window area.
Signs located at the entrance drive of residences located upon 2.25-acre lots or
greater, displaying the name and address of the resident and not exceeding four
square feet in area.
Flags, or insignias of governmental, religious, charitable, fraternal or other
nonprofit organizations when displayed on property owned by or leased to said
organization. Non-commercial flags that will be flown on a flagpole that does not
exceed 15 feet in height above finish grade or extend more than ten feet from any
building they are attached to, are allowable if the number of flags displayed does
not exceed those described in section 2.5.5.2.3.8 and the flagpoles do not require a
certified design or be sealed by a Florida registered engineer as described in
section 2.5.5.2.3.8.
Words of .... ~' *~' ..... ~'
........... ~. are deleted, words underlined are added.
15
2.5.6.16.
2.5.6.17.
2.5.6.18.
2.5.6.19.
2.5.6.20.
2.5.6.21.
Sec. 2.5.7.
2.5.7.1.
2.5.7.2.
2.5.7.3.
2.5.7.4.
2.5.7.5.
2.5.7.6.
2.5.7.7.
2.5.7.8.
2.5.7.9.
2.5.7.10.
2.5.7.11.
2.5.7.12.
2.5.7.13.
Advertising and identifying signs located on taxicabs, buses, trailers, trucks, or
vehicle bumpers, provided such sign does not violate section 2.5.7 of this code.
Religious displays that do not constitute advertising.
Painting, repainting or cleaning without modifying the existing sign copy or design of
an advertising structure, or changes which are determined by the planning services
director to be less than a substantial improvement.
Copy changes for shopping center, theaters, billboards or marquees that have
routine changes of copy, or are specifically designed for changes of copy.
One ground or wall sign may be used as a construction sign by the general
contractor of the development, within each front yard for each parcel less than ten
acres in size
Temporary signs in conjunction with an approved temporary use permit.
Prohibited signs.
It shall be unlawful to erect, cause to be erected, maintain or cause
to be maintained, any sign not expressly authorized by, or exempted from this
code. The following signs are expressly prohibited:
Signs which are in violation of the building code or electrical code adopted by
Collier County.
Abandoned signs.
Animated or activated signs, except time and temperature signs.
Flashing signs or electronic reader boards.
Rotating signs or displays.
Illuminated signs in any residentially zoned or used district, except residential
identification signs, residential nameplates, and street signs that are illuminated by
soft or muted light. Nonresidential uses within residentially used or zoned districts
by conditional use, PUD ordinance, or as otherwise provided for within the zov, ie, g
ord;,nance Land Development Code, shall be allowed the use of illuminated signs,
subject to the approval of the community services administrator or his designee.
Signs located upon, within, or otherwise encroaching upon county or public rights-
of-way, except as may be permitted under the provisions of Ordinance [No.] 82-
91, as amended, and those erected by a governmental agency or required to be
erected by a governmental agency.
Billboards.
Strip lighted signs.
Neon type signs, except non-exposed neon signs covered with an opaque or
translucent shield which will prevent radiation of direct light, within all
commercial and industrial districts.
Roof signs.
Portable signs.
Signs which resemble any official sign or marker erected by any governmental
agency, or which by reason of position, shade or color, would conflict with the
proper function of any traffic sign or signal, or be of a size, location, movement,
Words struck t~rzugk are deleted, words underlined are added.
16
content, color, or illumination which may be reasonably confused with or
construed as, or conceal, a traffic control device.
2.5.7.14.
Signs, commonly referred to as snipe signs, made of any material whatsoever and
attached in any way to a utility pole, tree, fence post, stake, stick or any other
object located or situated on public or private property, except as otherwise
expressly allowed by, or exempted from this code.
2.5.7.15. Wind signs (except where permitted as part of section 2.5.5 and 2.5.6 of this code).
2.5.7.16.
Any sign which is located adjacent to a county right-of-way within the
unincorporated areas of the county which sign was erected, operated or maintained
without the permit required by section 2.5.12 having been issued by the
community development services administrator or his designee shall be removed
as provided in section 2.5.7. Such signs shall include but are not limited to
structural signs, freestanding signs, [and] signs attached or affixed to structures or
other objects.
2.5.7.17.
Any description or representation, in whatever form, of nudity, sexual conduct, or
sexual excitement, when it:
2.5.7.17.1.
Is patently offensive to contemporary standards in the adult community as a whole
with respect to what is suitable sexual material for minors; and
2.5.7.17.2. Taken as a whole, lacks serious literary, artistic, political, or scientific value.
2.5.7.18. Any ~: ..... r.;.r.
o.~, .......... Beacon lights.
2.5.7.19.
Any sign which 1~ emits audible sound, vapor, smoke, or gaseous matter.
2.5.7.20.
Any sign which 13 obstructs, conceals, hides, or otherwise obscures from view any
official traffic or government sign, signal, or device.
2.5.7.21.
Any sign which 1~ employs motion, has visible moving parts, or gives the illusion
of motion (excluding time and temperature signs).
2.5.7.22.
Any sign which t is erected or maintained so as to obstruct any firefighting
equipment, window, door, or opening used as a means of ingress or egress for fire
escape purposes including any opening required for proper light and ventilation.
2.5.7.23.
Any sign which G constitutes a traffic hazard, or detriment to traffic safety by
reason of its size, location, movement, content, coloring, or method of
illumination, or by obstructing or distracting the vision of drivers or pedestrians.
2.5.7.24.
Signs mounted on a vehicle, be it the roof, hood, trunk, bed, and so on, where said
sign is intended to attract or may distract the attention of motorists for the purpose
of advertising a business, product, service, or the like, whether or not said vehicle
is parked, or driven, excluding emergency vehicles, taxi cabs, and delivery
vehicles, where a roof mounted sign does not exceed two square feet. This section
shall not apply to magnetic type signs affixed to or signs painted on a vehicle,
provided said vehicle is used in the course of operation of a business, and which
are not otherwise prohibited by this code. It shall be considered unlawful to park a
vehicle and/or trailer with signs painted, mounted or affixed, on site or sites other
than that at which the firm, product, or service advertised on such signs is offered.
2.5.7.25.
Any sign which Iduses flashing or revolving lights, or contains the words "Stop,"
"Look," "Danger," or any other words, phrase, symbol, or character in such a
manner as to interfere with, mislead, or confuse vehicular traffic.
2.5.7.26.
Any sign which advertises or publicizes an activity not conducted on the premises
upon which the sign is maintained, except as otherwise provided for within this
code.
Words struck th. rough are deleted, words underlined are added.
17
2.5.7.27.
No sign shall be placed or permitted as a principal use on any property, in any
zoning district except as follows: U-Pic signs, political signs or signs approved by
temporary permit pursuant to the time limitations set forth herein.
2.5.7.28. Inflatable signs.
2.5.7.29. Accent lighting as defined in this code.
2.5.7.30.
Illuminated signs, neon or otherwise, installed inside businesses and intended to be
seen from the outside
Sec. 2.5.8. Termination of prohibited signs.
All signs expressly prohibited by section 2.5.7. and their supporting structures,
shall be removed within 30 days of notification that the sign is prohibited by the
Collier County Code Enforcement Director, or his designee, or, within 30 days of
the end of the amortization period contained in section 2.5.9. or, in the alternative,
shall be altered so that they no longer violate section 2.5.7. Billboards with an
original cost of $100.00 or more, and which have been legally permitted, shall be
treated as nonconforming signs and removed pursuant to section 2.5.9.3.
Sec. 2.5.9. Nonconforming signs.
Existing signs not expressly prohibited by this code and not conforming to its
provisions shall be regarded as nonconforming signs.
2.5.9.1.
The following signs, and sign structures shall be removed or made to conform to
this code within 90 days from the effective date thereof.
2.5.9.1.1. Signs made of paper, cloth or other nondurable materials.
2.5.9.1.2. All temporary signs.
2.5.9.1.3. Those signs described in sections 2.5.6.7, 2.5.6.13, 2.5.6.14, 2.5.6.17, and 2.5.6.18.
2.5.9.1.4.
All non-conforming on-premises signs, and sign structures having an original cost
or value of $100.00 or more, and originally built prior to January 1st 1991, which
do not comform to the requirements of the 1991 LDC and all illuminated and/or
animated signs, neon or otherwise, installed inside commercial establishments and
intended to be seen from the outside may be maintained until February 1st, 2003, at
which date all such signs must be made to comply with the requirements of this
code or removed, except as provided below:
2.5.9.2.
Nonconforming off-premises signs. All nonconforming off-premises signs, and
sign structures having an original cost or value of $100.00 or more may be
maintained for the longer of the following periods:
2.5.9.2.1.
Two years from the date upon which the sign became nonconforming under this
ordinance.
2.5.9.2.2.
A period of three to seven years from the effective date of this ordinance,
according to the amortization table below.
Sign Cost/Value
$100.00 to $1.000.00
Permitted Years from
Effective Date of
this Amendment
3
Words smack t~.r.~ugh are deleted, words underlined are added.
18
$1,001.00 to $3,000.00 4
$3,001.00 to $10,000.00 5
More than $10,000.00 7
2.5.9.2.3.
Any owner of an off-premises sign who requests an amortization period longer
than two years shall, within one year from the date of enactment of these
regulations, register the sign with the code enforcement director, or his designee.
The following information shall be provided at the time of registration; the cost or
value, whichever is greater, of the sign; the date of erection; or the cost or value
and date of the most recent renovation; a photograph of the sign or signs and their
supporting structure, not less than five inches by seven inches in size; and a
written agreement to remove the sign at or before the expiration of the
amortization period applicable to the sign. The off-premise sign owner's signature
shall be witnessed before a notary public on all requests for extended
amortizations. A registration fee of $50.00 shall be paid at the time of registration.
Sec. 2.5.10. Continuation of nonconforming signs.
Subject to the limitations imposed by section 2.5.9 of this code, a nonconforming
sign may be continued and may shall be maintained in good condition for the
duration of amortization period as required by this code, but shall not be:
2.5.10.1.
Structurally or mechanically extended or altered to further the nonconformity,
except in cases where it has been determined that there exists imminent danger to
the public safety.
2.5.10.2.
Repaired or rebuilt when destroyed or damaged to the extent of 50 percent or more
of its replacement value, except in conformity with this code.
2.5.10.3.
A nonconforming permanent on-premises or off-premises sign shall not be
replaced by another nonconforming sign except that substitution or interchange of
letters, on nonconforming signs shall be permitted through the period of
nonconformity established by this code.
2.5.10.4.
Continued in use when any land use to which the sign pertains has ceased for a
period of 90 consecutive days, or has otherwise changed.
2.5.10.5.
Nonconforming status shall not be afforded to any sign erected without the
required permit issued by the county, state, or any federal agency either before or
after the enactment of this code, or to any pre-existing signs which have been
illegally installed, constructed, placed or maintained.
2.5.10.6.
In the case of sign which would be permitted by, and conform to, the regulations
of this code, except that such signs violate the maximum height, minimum
setback from a property line, maximum sign area and other similar development
standards, the planning services director, or his designee, may approve structural
alterations upon written request, provided the sign and or supporting structure is
redesigned so as to remove one or more of the nonconforming aspects of the sign.
Sec. 2.5.12. Permit applications.
2.5.12.1.
General. Any person wishing to erect, place, rebuild, reconstruct, relocate, alter, or
chance change the sign copy (see section 2.5.5. for exceptions) of any sign shall
apply for and receive a building permit in accordance with Resolution 91-642,
prior to the commencement of any work. A building permit will be issued by the
community development services administrator, or his designee, provided that all
Words struck through are deleted, words underlined are added.
19
2.5.12.2.
2.5.12.3.
2.5.12.4.
2.5.12.4.1.
2.5.12.4.2.
2.5.12.4.3.
2.5.12.4.4.
2.5.12.4.5.
2.5.12.4.6.
2.5.12.4.7.
2.5.12.4.8.
2.5.12.4.9.
2.5.12.5.
2.5.5.2.1.2.
permit requirements of the code and all other applicable provisions of Collier
County's ordinances and regulations have been met.
Permit fees. A building permit fee shall be collected pursuant to the fee schedule
set forth by resolution.
Form. Every application for a building permit shall be in writing upon forms to be
furnished by the community development and environmental services
administrator, or his designee.
Application contents. In order to obtain a permit to erect, place, rebuild,
reconstruct, relocate, alter or ehavtee change the sign copy of any sign under the
provision of this code, an applicant shall submit to the building official a building
permit application which shall set forth in writing a complete description of the
proposed sign including:
The name, address and telephone number of the: (a) owner and lessee of the sign
and (b) sign contractor or erector of the sign.
The legal description and the street address of the property upon which the sign is
to be erected.
The dimensions of the sign including height.
The copy to be placed on the face of the sign.
Other information required in the permit application forms provided by the
community development and environmental services administrator, or his
designee; including two copies of the site plan, elevation drawings of the
proposed sign and identification of the type, height, area and location of all
existing pole signs, ground signs and directory signs on the subject parcel.
Two blueprints or ink drawings, certified by a Florida registered engineer or
architect, of the plans and specifications and method of construction and
attachment to the building or the ground for all pole signs and all projecting signs;
and any ground sign over 32 square feet.
Wall signs, or any separate part thereof, which is to be affixed to a wall shall be
fastened flush with the surface with fasteners which shall have the capacity to
carry the full load of the sign or separate part thereof under wind load conditions
of the approved Collier County Building Code Ordinance [Code § 22-106 et seq.],
Flood Ordinance [Code ch. 62. art. II], and the Coastal Building Zone Ordinance
[Code ch. 22, art. VIII]. Any such sign or separate part thereof which is not
mounted flush with the surface and which weighs more than 20 pounds shall have
a Florida registered engineer design the mounting or fastening system and depict
the system on signed and sealed drawings which shall accompany the permit
application.
If the sign or sign copy is to be illuminated or electronically operated, the
technical means by which this is to be accomplished.
The permit number shall be displayed or affixed at the bottom of the sign face and
shall have the same life expectancy as the sign. Such permit number shall be
clearly legible to a person standing five feet in front of the base of the sign and in
no case shall the permit number be less than one-half inch in size.
Expiration of permit. Building permits shall expire and become null and void if
the work authorized by such permit is not commenced and inspected within six
months from the date of issuance of the permit.
Adherence to the unifi'ed sign plan: Requests for building permits for permanent
on-premise signs shall adhere to the unified sign plan, which shall be kept on file
Words gtrucl~ t~rzug~ are deleted, words underlined are added.
20
Sec. 2.5.13.
2.5.13.1.
2.5.13.1.1.
2.5.13.1.2.
in the community development and environmental services division. Requests to
permit a new sign, or to relocate, replace or structurally alter an existing sign shall
be accompanied by a unified sign plan for the building or project the sign is
accessory to. Existing permitted signs may remain in place; however, all future
requests for permits, whether for a new sign, or relocation, alteration, or
replacement of an existing sign, shall adhere to the unified sign plan for the
property.
Enforcement.
General. No sign shall hereafter be erected, placed, altered or moved unless in
conformity with this code. All signs located within Collier County shall comply
with the following requirements:
The issuance of a sign permit pursuant to the requirements of this code shall not
permit the construction or maintenance of a sign or structure in violation of an
existing county, state or federal law or regulation.
All signs for which a permit is required shall be subject to inspections by the
county manager administrator or his designee. The county manager administrator,
or his designee, is hereby authorized to enter upon any property or premises to
ascertain whether the provisions of this code are being adhered to. Such entrance
shall be made during business hours, unless an emergency exists. The county
manager administrator, or his designee, may order the removal of any sign that is
not in compliance with the provisions of this code, is improperly maintained, or
which would constitute a hazard to the public health, safety, and welfare.
SUBSECTION 3.C. AMENDMENTS TO ZONING AND ADMINISTRATION PROCEDURES
DIVISION
Division 2.7., Zoning and Administration Procedures, of Ordinance 91-102, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
DIVISION 2.7. ZONING AND ADMINISTRATION PROCEDURES
Sec. 2.7.2. Amendment procedures.
2.7.2.3.2.
Notice and public hearing where proposed amendment wouM change zoning
classification of land. In the case of an application for the rezoning of land, to
include rezonings initiated by other than the board of county commissioners or
amendments to planned unit developments, such provisions shall be enacted or amended
pursuant to the following public notice and hearing requirements by the planning
commission and the board of county commissioners.
A sign shall be posted at least 15 days prior to the date of the public hearing by
the planning commission. The sign to be posted s?~l measure, at least 1~/~ square
f~bie~r-e,~a~ shall contain substantially the following language and the sign's
copy shall utilize the total area of the sign:
PUBLIC HEARING TO REZONE THIS PROPERTY
FROM TO
(or where applicable the following:)
Words str'..'cl: thra'.'.gh are deleted, words underlined are added.
21
PUBLIC HEARING REQUESTING CONDITIONAL USE (VARIANCE)
APPROVAL
(both to contain the following information:)
TO PERMIT:
DATE:
TIME:
(Sufficiently Clear to Describe the Project)
TO BE HELD IN COMMISSIONERS MEETING ROOM, COLLIER COUNTY
GOVERNMENT CENTER.
The size area. of the signs shall be as follows:
(i) For properties less than one (1) acre in size, the sign shall measure
at least 1 V2 square feet in area
(ii) For properties one (1) acre or more in size, the sign shall measure
at least 32 square feet in area.
In the case of signs located on properties less than one (1) acre in size, a
Thc sign shall be erected by the development services director in full view
of the public on each street side of the subject property, o~:-' '~--~ +- ,~
vezoaed. Where the property for which rezoah~ approval is sought is
landlocked or for some other reason the signs cannot be posted directly on
the subject property l~qd to Le rezcned, then the sign or signs shall be
erected along the nearest street right-of-way, with an attached notation
indicating generally the distance and direction to the subject propeffy. ~
.... ~ ....~ ............ the
In the case of signs located on properties one (1) acre or more in size, the
applicant will be responsible for erecting the required sign(s). A sign shall
be erected in full view of the public on each street side of the subject
property. Where the subject property is landlocked or for some other
reason the signs cannot be posted directly on the property, then the sign or
signs shall be erected along the nearest street right-of-way, with an
attached notation indicating generally the distance and direction to the
subject property. One sign shall be erected at a spacing of one sign for
every 500 linear feet of road frontage and there shall be at least one sign
on each fronting road. The applicant shall provide evidence that the
sign(s) were erected, by furnishing photographs of the sign(s) dated to the
time of their erection to the Planning Services Department at least ten (10)
days prior to the scheduled public hearing by the planning commission
whichever has jurisdiction.. The signs shall remain in place until the date
upon either of the following occurrences: 1. Final action is taken by the
Board of County Commissioners or 2. The receipt of written notification
by the Planning Services Department Director from the applicant
requesting to withdraw the petition or requesting its indefinite
continuance..r,. .... ~:"" ~"' ~: ..........tto :A^.4 1. +l.,; .... 1-,~+:~.., ~h~ll ly
The planning commission or hearing examiner shall hold one advertised
public hearing. Notice of the time and place of the public hearing by the
planning commission or hearing examiner shall be sent at least 15 days in
advance of the hearing by mail to the owner of the subject property or his
designated agent or attorney, if any.
Words str'.:ck through are deleted, words underlined are added.
22
Notice of the time and place of the public heating by the planning
commission or hearing examiner shall be advertised in a newspaper of
general circulation in the county at least one time at least 15 days prior to
the public hearing. Where applicable, the notice shall clearly describe the
land uses that are intended to be developed, applicable development
standards, intensity or density in terms of total floor area of commercial or
industrial space, and dwelling units per acre for residential projects, and a
description of the institutional or recreational uses when part of the
development strategy. The advertisement shall also include a location
map that identifies the approximate geographic location of the subject
property.
For subject properties located within the Urban designated area of thc
Growth Management Plan, N notice of the time and place of the public
hearing by the planning commission shall be sent by the County twice.
The first notice shall be sent no less than 15 days after the receipt by the,
Planning Services Department of a sufficient application. The second
notice shall be sent at least 15 days in advance of the hearing. Both notices
shall be sent by mail to all owners of property within 200 500 feet of the
property lines of the land for which an approval ......... 6 .... v ....... d
........... v ....... ~. ~/ ........... nt, is sought; provided, however, that
where the l~d for which the approval ..... ; .... m~ .... ~
......... 6 .................. ~t, is
sought is pan of, or adjacent to, land owned by the same person, the 399-
500 - foot dist~ce shall be measured from the boundmies of the entire
ownership or PUD, except that notice need not be m~led to any property
owner located more than one-half mile (2,640 feet) from the subject
For the pu~oses of this requirement, the names and addresses of property
owners shall be deemed those appe~ing on the latest t~ rolls of Collier
County and any other persons who have formally requested the County to
be notified.
For subject properties located within areas of the Growth Management Plan
that are not designated Urban, all of the foregoing notice requirements
apply, except that written notification must be sent to all property owners
within 1000 linear feet of the subject property. For the purposes of this
requirement, the names and addresses of property owners shall be deemed
those appearing on the latest tax rolls of Collier County and any other
persons who have formally requested the County to be notified.
7. For property located within the Agricultural/Rural designated area of
the Growth Management Plan, any application for rezoning, PUD
amendment, conditional use, or variance request shall require written
notification to all property owners within 1000 linear feet of the subject
property.
Notice of the time and place of the public hearing by the board of county
commissioners shall be advertised in a newspaper of general circulation in
the county at least one time at least 15 days prior to the public hearing.
The clerk to the board of county commissioners shall notify by mail each
real property owner whose land is subject to rezoning, ~ PUD
amendment, conditional use or variance, and whose address is known by
reference to the latest ad valorem tax records. The notice shall state the
substance of the proposed ordinance or resolution. Such notice shall be
given at least 15 days prior to the date set for the public hearing, and a
copy of such notices shall be kept available for public inspection during
the regular business hours of the clerk to the board of county
commissioners.
Words struck t~roug~ are deleted, words underlined are added.
23
g. 10. he board of county commissioners shall hold one advertised public hearing
on the proposed ordinance or resolution and may, upon the conclusion of
the hearing, immediately adopt the ordinance or resolution.
2.7.2.3.5.
Public participation requirements for regoning. PUD amendment, or conditional
use; and.for variances or parking exemptions.
Applicants requesting a rezoning, PUD amendment, or conditional use
approval shall conduct at least one public informational meeting after a
pm-application meeting and prior to submitting a sufficient application to
Collier County. Written notice of the meeting shall be sent to all property
owners who are required to receive legal notification from the County
pursuant to Section 2.7.2.3.2. Notification shall also be sent to property
owner, condominium and civic associations, and civic organizations
whose members are impacted by land use changes within their general
area and who have formally notified the County of their request to be,
notified. A notarized copy of all parties noticed, and the date, time, and
location of the meeting, shall be furnished to the planning services
department and the office of the board of county commissioners no less
than 10 days prior to the scheduled date of the public informational
meeting. The applicant shall make arrangements for the location of the
meeting. The location should be reasonably convenient to those property
owners who are required to receive notice and shall be large enough to
accommodate expected attendance. The applicant shall further cause an
announcement of the meeting, its purpose, location, and time to be placed
within a newspaper of general circulation at least seven (7) days prior to
the public informational meeting. The Collier County staff planner
assigned to attend the pre-application meeting shall also attend the public,
informational meeting and shall serve as the facilitator of the meeting.
however, the applicant is expected to make a presentation of how it
intends to develop the subject property. The applicant is required to
audio- or video-tape the proceedings of the meeting and to provide a copy
of same to the planning services department.
o
Applicants requesting variance approval or parking exemption approval
shall provide documentation to the planning services department
indicating that property owners within 150 feet of the subject site have
been consulted concerning the extent and nature of the variance or parking
exemption requested. Where it has been determined that there is a
functioning property owner, condominium or civic association who have
formally notified the County of their request to be notified, then the
applicant shall provide written documentation to the planning services
department indicating that these organizations have also been consulted
concerning the extent and nature of the variance or parking exemption
requested. The applicant shall provide a written account of the result of
such contacts and shall submit any and all written comnmnications to the
planning services department. A written account of the contacts, the list of
property owner contacts and any other written communications shall be
submitted to the planning services department at least two weeks prior to
the scheduled date of the first advertised public hearing.
Sec. 2.7.3. Planned unit development procedures
Sec. 2.7.3.4
Time limits for approved PUD master plans. In the event that a PUD master plan
is given approval, and the landowner(s) shall:
Words gtr'.'.c.k t~rc,',:gh are deleted, words underlined are added.
24
For residential portions of PUD'S the owner entity shall initiate physical
development of infrastructure improvements including access roads,
internal roads, sewer and water utilities and any other related
infrastructure that would allow a minimum of fifteen (15) percent of the
designated residential areas to be developed with authorized dwelling.
units immediately following the third (3) year from its approval date and
fifteen (15) percent every year thereafter.
For the non-residential portions of PUD'S and commercial and industrial
PUD'S the owner entity shall initiate physical development of a minimum
of fifteen (15) percent of authorized floor area when approved on the basis
of a defined amount of floor space, immediately following the third (3)
year from its approval date. In the event floor area is not the defining
intensity measure then twenty-five (25) percent of the land area to include
some representative portion of building space shall be constructed
immediately following the third (3) year from its approval date. The same
amount of improvement shall be required every year thereafter up to an
amount representing seventy-five (75) percent of authorized buildable
areas and floor area. Thereafter the PUD is exempt from any further sunset
provisions.
The project developer shall submit to the development services director a
status report on the progress of development annually ....... : .... --~
.................. ~ .... from the date of the PUD approval by the Board of
County Commissioners. The singular purpose of the report will be to
evaluate whether or not the project has commenced in earnest in
accordance with the criteria set forth above. PUD'S approved prior to the
date of these amended provisions remain subject to the tolling requirement
of the then five (5) year sunset provision however, amendments made
thereafter shall be subject to the 3-year sunset. All PUD'S approved
subsequent to this current requirement shall be subject to the provisions
noted above.
Sec. 2.7.4. Conditional uses procedures.
2.7.4.3.
Notice andpublic hearing. Notice and public hearing by the planning
commission and the board of zoning appeals shall be as provided for under
subsection 2.7.2.3.2., such that the provisions applicable to the board of county
commissioners shall apply to the board of zoning appeals All testimony given
shall be under oath and the action by the planning commission and the board of
..... ~ ...... :~: ..... zoning appeals shall be quasi-judicial in nature.
Additionally, the requirements of section 2.7.2.3.5., must be met.
Sec. 2.7.5. Variance procedures.
Words str'.'.ck thrc'.:gh are deleted, words underlined are added.
25
2.7.5.4.
Notice of Planning Commission public hearing. *,T~,;~ ~C ~.a.U. ~.~.;~ ~C ....
............. , ................. ~, ................ j .................... public
...... j !5 a ...... ;~
v~iance is saught, shall be as provided for under subsection 2.7.2.3.2.
Additionally, the requirements of section 2.7.2.3.5., must be met.
SUBSECTION 3.D. AMENDMENTS TO EXCAVATION DIVISION
Division 3.5. Excavation, of Ordinance 91-102, as amended, the Collier County Land Development
Code, is hereby amended to read as follows:
DIVISION 3.5 EXCAVATION
Sec. 3.5.2. Purpose.
The purpose of this division is to establish a reasonable regulatory framework to regulate
excavations within the County so as to minimize any potentially adverse impacts of the
excavation activity on public health, safety and welfare of the citizens of this County and its
natural resources.
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.
3.5.3.1
Excavations are defined in the definitions section of the ordinance as the removal
of any material to a depth greater than three feet below the existing grade over
any area, or one foot below existing grade over an area greater than 10,000 square
feet.
3.5.3.2
Excavations on undeveloped coastal barriers shall be prohibited, except as
specified in section 3.12.8.3. (Ord. No. 93-37, 3)
Sec. 3.5.4. Exemptions.
The following activities, to the extent specified herein, are exempt from the requirements of this
division, provided that no excavated material is removed off-site, but are subject to compliance
with all other applicable laws and county ordinances:
3.5.4.1
Earth moving in conjunction with any routine maintenance activity which restores
the excavation to the final, and previously excavated, slope and depth
configuration approved by the board, or with the installation of an underground
utility which is to be backfilled. Material generated by this maintenance may be
Words ....... t~,rough are deleted, words underlined are added.
26
3.5.4.4
3.5.4.2
3.5.4.2.1
3.5.4.6.
3.5.4.6.1.
3.5.4.6.2.
3.5.4.6.3.
hauled offsite with administrative staff level approval if so specified in an
approval letter.
The regrading only of any property for aesthetic purposes, including berming or
contouring, that does not create a body of water or affect existing drainage
patterns or remove native vegetation in excess of County standards.
Agricultural drainage and irrigation work incidental to agricultural operations.
(see 3.5.5.1.2 for offsite hauling)
Excavations incidental to agriculture surface water management and water use
facilities as included in existing South Florida Water Management District
permits. All excavated materials must remain on lands under the same ownership.
Any transportation of materials over public roads is subject to appropriate
transportation road use fees.
The grading, filling, and moving of earth in conjunction with road construction
within the limits of the right-of-way or construction easement, when the
construction plans have been approved by the Collier County or State Department
of Transportation.
Excavation does not exceed one acre in area and 4-3 20 feet in depth.
No excavated material is removed from the property.
A building permit for the single-family home must be issued prior to the County
issuing a letter of exemption.
Activities 3.5.4.1, (except removal of excess material) 3.5.4.2, 3.5.4.3, 3.5.4.5,
and 3.5.4.6 do not require letters of exemption. Activities 3.5.4.4 and 3.5.4.7 must
submit plans or drawings of the proposed activity to Engineering Plan Review for
a formal letter of exemption.
Sec. 3.5.5.
3.5.5.1.
3.5.5.1.1.
3.5.5.1.2.
Excavation review procedures.
Types of excavation permits. The permits required by this division shall be issued
by the Development Services threem~ Department in accordance with the
procedures set forth herein and shall come under one of the following categories:
Private excavations. Private excavations are considered to be an excavation o._gn
non-commercial property where the excavated material is not removed from the
property and where the disturbed surface area at grade does not exceed two acres.
Where more than one excavation is proposed for the same piece of property or
properties under common ownership and the combined disturbed surface area
exceeds two acres, the permits shall not be issued as a private excavation.
Commercial excavations. (Types I, II, & III (A, B, C)) Commercial excavations
are considered to be any excavation wherein the excavated material is removed
from the subject property. An exception to this is that up to 4000 C.Y. of
excavated material may be removed from an agriculturally zoned site if the fill is
the result of a legitimate agricultural use or in conjunction with a commercial
excavation permit as defined in other sections of this code.
7~ype I commercial- in Estates zoning with a surface area less than 3.0 acres and a
volume less than 60,000 cubic yards.
Words ....... t~rough are deleted, words underlined are added.
27
3.5.5.1.3.
3.5.5.2.
3.5.5.2.1
3.5.5.2.2.
3.5.5.3.
Type H commercial- in Estates zoning with dimensions and volume greater than
those listed for Type I commercial.
Type IIIA commercial- in agricultural zoning with a volume less than 100,000
cubic yards.
Type III B commercial- in agricultural zoning with a volume equal to or greater
than 100,000 cubic yards and less than 500,000 cubic yards.
Type III C commercial- in agricultural zoning with a volume equal to or greater
than 500,000 cubic yards and less than or equal to 5,000,000 cubic yards.
Type III D commercial- in agricultural zoning with a volume greater than
5,000,000 cubic yards.
All approved developments with offsite hauling will be considered Type III E
commercial.
The minimum parcel size for any Type III commercial excavations shall be 20
acres.
Development excavation. Development excavations are considered to be any
excavation located within the boundaries of a planned unit development, or
subdivision development, having approved construction plans (to include
S.D.P.'s), or an industrial or commercial project, or where the disturbed area of an
excavation exceeds two acres, but no fill is removed from the subject property for
any purpose whatever provided that:
The excavations were clearly defined and detailed as to location, size,
shape, depth, and side slopes during the development's review process
and, if applicable, approved by the board after appropriate public hearings.
If approved by the board during the rezone and/or preliminary subdivision
plat process, excavated material in an amount up to ten percent (to a
maximum of 20,000 cubic yards) of the total volume excavated may be
removed from the development. Intentions to remove material must be
clearly stated during the development's review and approval process.
h'suance o_f permits.
Issuance of private and development excavation permits. The Development
Services Director may administratively approve and issue private and
development excavation permits where all of the applicable standards of this
division have been meet. When, in his opinion, the standards have not been met,
the application shall be submitted to the Environmental Advisory board Council
for recommendation with ultimate approval or denial required of the board.
Issuance of commercial excavation permits. Applications for commercial
excavation permits shall be reviewed by the Community Development and
Environmental Serviceds Administrator, or his designee, and by the
Environmental Advisory bcard Council for recommendation and approved by the
board. When a request is made to remove surplus fill material from a
previously approved development excavation, the requirement for review by
the Environmental Advisory board Council shall be waived, but dependant on
haul route and amount of fill to be hauled, staff may require approval by Collier
County Planning Commission. ~ .......
- '-'1-'1~'
Notice of meeting. The Development Services Director shall give prior written
notice of the _E_nvironmental Advisory bc~d Council meeting, by first class mail,
as noted in section 3.5.6.1.3.4, to all adjacent property owners (within 300 feet of
Words str',:ck tb. rc'dgh are deleted, words underlined are added.
28
3.5.5.4.
3.5.5.4.2
3.5.5.4.8
3.5.5.4.3.
3.5.5.5.
3.5.5.6.
3.5.5.6.1.
3.5.5.6.2.
the property line or within 500 feet of the excavation itself) as determined by
reference to the latest official tax rolls.
For Type I and Type II excavations, all owners of existing homes or homes under
construction, (i.e. having broken ground on the date of submittal of the
excavation) within 1 mile of the site along the haul route must be notified as listed
in Section 3.5.6.1.3.4, and they may request that the item be heard publicly by the
Board of County Commissioners.
Excavation permit criteria. Approval by the Site Development Review Director
and the Board shall be granted only upon competent and substantial evidence
submitted by the applicant, that:
Dust or noise generated by the excavation will not cause a violation of any
applicable provisions of article 2 of this code. Rock crushing operations or
material stockpiles that will be adjacent to any existing residential area may
require separate County approval.
Appropriate sediment control devices (hay bales, silt screens, etc.) shall be
employed to prevent sedimentation within the wetland pursuant to the design
requirements of division 3.7. Any building site adjacent to a wetland and elevated
by filling, must employ the same erosion control devices. Fill must be stabilized
using sod, oi, see .... or mulch if an
The excavation will not adversely affect groundwater levels, water quality,
hydroperiod or surface water flowways. The Development Services Director may
require the applicant to monitor the quality of the water in the excavation and
adjacent ground and surface waters. Under no circumstances shall the excavation
be conducted in such a manner as to violate Collier County or applicable State of
Florida water quality standards.
Other permits required. All appropriate state and federal permits or approvals for
work in jurisdictional areas shall be provided to the Development Services
Director prior to issuance of an excavation permit.
The excavation permit automatically carries with it permission to remove
vegetation within 20 feet of the lake control contour elevation and for the
stockpile area.
Fees and guarantees. Upon Community Development and _Environmental
Services Administrator, or his designee, approval on behalf of the Board of
County Commissioners, the applicant will, within 60 days of written notification
from the Community Development and _Environmental Services Administrator,
pay the required permit fee, road impae~ use fee if required, and post, if required,
the appropriate performance guarantee, in a format approved by the County
Attorney. In addition, the applicant shall provide written proof of payment of road
impact use fees in accordance with section 3.5.9.3, if required.
Failure to pay the fees and post the guarantee, within this time period shall
constitute abandonment of the excavation permit application and will require
complete reapplication and review in accordance with all requirements in effect at
the time of reapplication, with the following exceptions:
Upon receipt of an applicant's written request with sufficient justification, as
determined by the Development Services Director, and payment of a time
extension fee, the Development Services Director may, one time only, authorize
the extension of the permit issuance time for up to an additional 60 days.
All previously approved excavation permits that have yet to be issued by the
Development Services Director become eligible for the above time extensions
upon the effective date of this division.
Words str'.:ck tkrcx:gh are deleted, words underlined are added.
29
3.5.5.7.1.
3.5.5.6.2.
Sec. 3.5.6.
3.5.6.1
3.5.6.1.2.
3.5.6.1.3.
Private excavation and Type I and Type II commercial permits shall be valid for a
period of 12 months from the date of issuance. If the work is not completed in that
time, a second application, with a reapplication fee must be submitted to the
Development Services Director, requesting up to an additional 12 months to
complete the excavation. If the Development Services Director finds sufficient
good cause to grant the request, a permit extension will be issued.
Commercial Type III and development excavation permits will be of indefinite
duration or until the excavation reaches the limits of the permitted size, provided
the excavating operation remains active in accordance with the requirements of
this division.
Application requirements for excavation permits.
Unless otherwise directed, one copy of all required application documents shall be
submitted to the Development Services Director on a form to be supplied by
Collier County. The application shall include, but not be limited to, the following
information:
Proof of ownership, legal description and location of the property involved. A
small location map, drawn on 8 V2- inch by 11-inch paper, shall accompany the
application, clearly showing the location of the proposed excavation(s) in relation
to commonly recognized landmarks.
A signed application provided by the county and completed by the applicant or
his agent which includes:
3. Exhibits prepared and sealed by the project's surveyor/engineer showing.
The level of the mean annual high and low water table with a
justification of how the elevations were arrived at.
For development and all Type III commercial excavations, logs of
soil auger borings with field classification shall be provided, unless
existing recent data is available and provided to the Development
Services Director, for use in determining minimum and maximum
depths and appropriate side slope configurations, and evidence of
any confining layers, £this latter to determine if on-site or adjacent
wetlands are "perched.") The depth of the soil auger borings shall
extend to a point at least one foot below the proposed bottom
elevation of the excavation, and shall be of at least the following
density according to size of each excavation; zero to 4.9 acres/two
locations; 5 to 9.9 acres/three locations; 10 acres or more/three
locations plus one for each additional 20 acres or fractional part
thereof.
For private and Type I commercial excavations, two auger borings
or a simple machine excavated hole to a depth of 13 feet below wet
season water table must be submitted.
For Type I and Type II excavations, the site must be posted with a
notification of the date, time, and location of the public hearings
before the Board of County Commissioners.
For Type I and Type II excavations, a map of all occupied
dwellings and dwellings under construction at the time of
submittal of the application along the haul route one mile in any
direction must be submitted along with stamped envelopes
addressed to the owners of those lots.
If the project is to be submitted to the Environmental Advisory bc, m-d
Council a list of the names and addresses, obtained from the latest official
tax rolls, of all owners or owner associations of property within one-fourth
mile of the excavation or on-site vehicle access route or within 300 feet of
the property lines of the property on which the excavation is to be
performed, whichever is less. The applicant shall also furnish the
Words gtr',:cl: t?.rat:gh are deleted, words underlined are added.
30
3.5.6.1.
3.5.6.2.
Development Services Director with said owners' names and addresses on
preaddressed four-inch by 9 V2-inch envelopes with first class, plus one
additional ounce, postage ready for mailing.
For Type I and Type II excavations, all owners of existing homes or
homes under construction (i.e. having broken ground on the date of
submittal of the application) within one mile of the site along the haul
route must be notified. The petitioner shall submit a list of these
homeowners along with stamped (double first class rate') pre-addressed
envelopes to the Community Development Division, Engineering Review
Department.
If excavated material will be removed from the property, and unless, due
to site-specific circumstances, the requirement is waived by
Transportation ser-viees Operations Director, a traffic and road impact
analysis will be made by the applicant to address the following:
eo
The site-specific road work within the zone of influence which is
necessary prior to the start of the project and which arc will be
necessary during the project so as to assure that premature road
failure and/or severe road damage will not occur.
............................. v .......... v ...._Roa wor obe
undertaken by the applicant to mitigate adverse road impacts along
with confirmation of the security, if applicable, to be provided by
the applicant to assure completion of the identified road work. Any
and all security and/or performance guarantee required in excess of
$100,000.00 as set forth in the road use analysis shall be secured or
guaranteed in accordance with section 3.5.10.
Should there not be concurrence by Transportation Operations
Director and the applicant, of about the improvements,
maintenance, performance guarantee and/or other requirements on
the part of both parties based on the road impact analysis, the
permit application along with applicable information shall be
subject to review and recommendation by the .... : ......·
................ al
....... .~ .... Collier County Planning Commission followed by
review and action by the Board.
The permittee may provide a phasing plan whereby the required
performance guarantee may be reduced provided that security
requirements are met in the first phase. No additional excavation shall take
place in future ~phases until either the first phase is completed and
approved by Collier County or additional security requirements are
provided for the future phase(s) of work. Performance guarantees for
platted lakes shall be in an amount equal to the engineer's certified
construction estimate.
Should blasting be necessary in conjunction with the excavation, all blasting shall
be done under an approved Collier County user/blaster permit with no overburden
removed prior to blasting from the area planned for excavation unless otherwise
approved by the Development Services Director. Said permits shall be obtained
from the Collier County Development Services Department. Should approval for
blasting not be granted to the applicant, the applicant shall remain responsible to
meet any and all requirements of an approved excavation permit unless the
subject excavation permit is modified in accordance with this division.
If trees are to be removed as a result of the excavating operation, ~
............................... a simultaneous submittal shall be made to the
environmental staff of the planning services department. Release by
environmental staff will constitute a permit for removal of the vegetation when
the excavation permit has been granted.
Words struck t?.rcx:gh are deleted, words underlined are added.
31
3.5.6.3.
If trees are to be removed as a result of the excavating operation, a-vegetmi4m
................................ a simultaneous submittal shall be made to the
environmental staff of the Planning Services Department. Release by
environmental staff will constitute a permit for removal of the vegetation when
the excavation permit is granted.
Sec. 3.5.7. Construction requirements for the construction of excavations.
3.5.7.1.
Setbacks. Excavations shall be located so that the te~p cf bank control elevation
contour of the excavation shall adhere to the following minimum setback
requirements:
3.5.7.1.1.
Fifty feet from the right-of-way line or easement line of any existing or proposed,
private, or public, street, road, highway or access easement. Exceptions to the
above-referenced setbacks may be developed and shall be subject to final
approval by the Development Services Administrator or his designee. Said
exceptions shall be based upon recognized standards for traffic engineering and
road design (AASHTO and/or Manual of Uniform Minimum Standards for
Design, Construction and Maintenance for Streets and Highways, State of
Florida) and shall incorporate such factors as road alignment, travel speed, bank
slope, road cross section, and need for barriers. However, lakes immediately
adjacent to "T intersections" shall be located based on a specific design analysis
by the applicant's engineer which provides for safety and traffic considerations at
the intersection.
3.5.7.1.2.
Fifty feet from side, rear, or abutting property lines, except where the excavation
is located in agriculturally or industrially zoned districts abutting a residentially
zoned district, the setback shall be 100 feet from the residentially zoned property.
Exceptions to these setbacks may be granted based upon the installation of proper
fencing (minimum 6 feet chain link) berms, walls, or other engineered protective
measures for the portion of the property line within 100 feet of the lake. The
minimum setback from any property line to the control elevation contour shall be
20 feet.
3.5.7.1.3.
From jurisdictional wetlands setbacks will be determined using standards set by
SFWMD.
3.5.7.2.
Side slopes. The finished side slopes of the excavated area, expressed as the ratio
of the horizontal distance in feet to one foot of vertical drop, shall be as follows:
A maximum 4.0 to one slope shall be graded from the existing grade to a
breakpoint at least O,,fee ten feet below the control elevation me:h': c, nnual Iow
· amter-4evet. Below this breakpoint, slopes shall be no steeper than 2.0 to one.
3.5.7.2.1.
All governing side slopes shall be considered from *~'~,,,~ tc, p ~'~ ~'~[~ ^'~ ~-~
~,~-: ~ ~- ~ ~:~: ........ a, .... ' 20 feet outside the control elevation contour
of the resulting excavation.
3.5.7.2.2.
If rock, homogenous to the bottom of the excavation, is encountered at any
elevation above the breakpoint, then the remaining slope below the breakpoint
shall be no steeper than 0.5 to one. If said homogenous rock is encountered below
the breakpoint, the slope below the breakpoint shall be no steeper than 2.0 to one
to the rock elevation, and no steeper than 0.5 to one from the rock elevation to to
~: ~:~,~ [ .... ;.~ ~;~ ~,~, ,.~ .... ,h ........... ' ~ ........ *~ ~ ..... ~ the bottom of
the excavation.
3.5.7.2.4.
Exceptions to the side slope requirements that may be justified by such
alternatives as artificial slope protection or vertical bulkheads shall be approved in
advance by the site development review director, where justification is
Words str'.'.ck ~.re. ugh are deleted, words underlined are added.
32
3.5.7.2.5.
documented in a design analysis prepared by a professional engineer registered in
the State of Florida. Bulkheads may be allowed for no more than 40 percent of the
shoreline length, but compensating littoral zone area must be provided.
zones- for pu~oses of this ordinance, the littoral zone of a l&e in Collier County
will be defined as the ~ea of the l~e lying in the zone between two feet below
WSWT to one foot above WSWT. An ~ea of littoral zone equivMent to 2% of thc
total area of the lake at control elevation shall be planted with wetland type
vegetation. This littor~ planting zone will be at an 8:1 minimum side slope.
Littoral planting zones should be adjacent to and waterward of control structures
....... v ....... or pipe outlets or inlets and shall be a minimum of 15 feet from any
discharge structure or pipe intake so as not to impede or break flow. The
following criteria shall be the minimum standards in the creation of the littoral
zone.
3.5.7.3.1.
Littoral zones may be moved or consolidated to areas within any lake in
an interconnected lake system at a rate of 1.25 more than the original
amount.
All Collier County listed prohibited exotics shall be removed as they
occur, manually or with U.S. Environmental Protection Agency approved
herbicides, when they exceed ten percent coverage.
At the time of planting: minimum tree height shall be eight feet; minimum
shrub height shall be 24 inches; minimum herbaceous height shall be 12
inches. The height requirement may be administratively waived where the
required height of trees, shrubs, or herbaceous plants are not available.
An annual monitoring report shall be forwarded to Compliance Services
Environmental Staff, until such time as criteria set forth :in section
3.5.7.2.5(1) have been satisfied.
In order to ensure a minimum eighty (80) percent coverage of littoral zone
planting areas, a performance guarantee pursuant to the provisions of section
3.5.10 will be required upon completion and acceptance of each excavation
permitted by the county. The value of the guarantee shall be based on a cost
estimate to replace the original installed littoral zone plants. The guarantee must
be submitted in a format approved by the County Attorney and approved by the
Community Development Services Adminiatrator Director, or his designee, on
behalf of the Board of County Commissioners prior to preliminary acceptance of
the permitted excavation(s) and shall be held for a period of a minimum of one
year to allow the plantings to become established within the lake. The guarantee
may only be released by the county upon the completion of a final inspection
which confirms that at least 80 percent coverage has been obtained.
Maximum. Private and development excavations shall not exceed 4-3 20 feet in
depth unless computations using the "fetch formula" of maximum depth = 5 feet
+ (0.015) x (mean fetch in feet) indicate that deeper depths are feasible. The mean
fetch shall be computed as follows: (A+B)/2 where "A" is the average length
parallel to the long axis of the excavation and "B" is the average width of the
excavation as measured at right angles to the long axis.
Commercial excavations shall not exceed 20 feet in depth unless otherwise
supported by the "fetch formula" or if it can be shown from a comparative water
quality study of another similar lake (comparable geometry) that depths in excess
of 20 feet will not, because of aquifer conditions or relative location to coastal
saline waters, have a detrimental effect on the ground water resources in the
surrounding area.
...... t~ through are
Words ....... deleted, words underlined are added.
33
3.5.7.3.3
3.5.7.5.
3.5.7.6
3.5.7.7
3.5.7.9.
3.5.7.10
Over-excavation.. In those instances where the excavator over-excavates the
depth of the excavation by more than an average of ten percent, written
justification shall be submitted to the Development Services Director by the
project' s surveyor/engineer providing an assessment of the impact of the over-
excavation on the water quality of the excavation. If, upon review of the
assessment statement by the Development Services Director and Advisory Bc, ard
Council, the increased depth is found to be unacceptable, the permittee shall be
required to fill the excavation to the permitted depth with materials and methods
approved by the Development Services Director. If the depth is deemed
acceptable by the Development Services Director and approved, by the
Environmental Advisory Board, a penalty shall be set by resolution for each cubic
yard of excavated material.
Hours of operation. Hours of operation and blasting operations shall be regulated
by appropriate County ordinance and State laws. Unless otherwise approved by
the Development Services Director, all excavation operations with the exception
of dewatering pumps, which are within 1,000 feet of developed residential
property, shall be limited to operating hours between 7:00 a.m. and 6:00 p.m.,
Monday through Saturday. Additionally, such excavation operations shall be in
compliance with any and all County ordinances which establish operating controls
by hours, days, noise level, or other parameters relating to public health, safety
and welfare. Hours of operation for private and for Type I and Type II
commercial shall be 7:00 a.m. to 5:00 p.m. Monday through Friday.
Restoration. Upon completion of the excavation operation, the subject property
shall be restored as required by the 1986 State of Florida Resource Extraction
Reclamation Act (F.S. ch. 378, pt. IV). Reclamation shall mean the reasonable
rehabilitation of the total disturbed area where the resource extraction has
occurred, and shall meet the reclamation performance standards established by the
State. All disturbed areas, including the excavation side slopes above the water
line and a 20-foot wide area around the entire perimeter of the excavation, shall
be sodded or fertilized and seeded with a quick-catch seed variety approved by
the Development Services Director within 60 days of the final side slope shaping
in order to minimize the potential for erosion.
Discontinuance of operations. If the excavating operation is inactive for a period
of 90 consecutive days, except due to strikes or acts of God, all side slopes,
including the working face, shall be brought into conformance with this division
and a report so stating, prepared and sealed by the project's surveyor/engineer
shall be submitted to the Development Services Director. Reconunencement shall
also be reported to the Development Services Director. If the excavating operation
is never started or is discontinued for a period of one year, that permit is void
unless a written request is made by the permittee with sufficient justification for a
time extension in which case the Development Services Director may authorize a
permit extension for up to 180 days. A new permit must be approved prior to
commencement.
Amendments to approved excavations. Substantial changes to any approved
excavation permit, (i.e. changes resulting in an increase of 20% or more in
excavated volume resulting in less than 50,000 additional cubic yards)~ must be
submitted to project plan review for review and approval, with such approval
granted in writing prior to commencement of any proposed change. Failure to
comply with the permit requirements shall be cause for the Development Services
Director to issue stop work orders on all excavation related activities taking place
or planned for the subject property. Insubstantial changes shall not require prior
written approval and shall include reductions in surface area not affecting water
management design quantities of material to be removed. A written description of
proposed insubstantial change, including an illustrated as-built as per the
excavation permit, to any approved excavation shall be submitted in writing to
project plan review and to the Development Compliance Department.
Special Requirements_for Type I and Type H Commercial Excaw~tions
Words gtr'.'.cl: t?~rc'ag~ are deleted, words underlined are added.
34
3.5.7.10.1
3.5.7.10.2
3.5.7.10.3
3.5.7.10.4
3.5.7.10.5
3.5.7.10.6
Type I and Type II commercial excavations will be required to apply for a
conditional use for the parcel(s) that the excavation occurs on.
Conditional use and excavation permits shall have a one (1) year time limit with
provision for a one (1) year extension upon payment of a renewal fee.
Blasting will not be permitted. If test holes show that rock is less than 12 feet
from the original grade, removal methods must receive staff approval.
Hours of operation for digging and/or offsite hauling will be 7:00 a.m. to 5:00
p.m., Monday through Friday.
All areas disturbed for fill storage must be seeded and mulched upon completion
of construction. Prior to release of bonding, the planted seed must reach a height
of 6". Rye grass is acceptable.
Lake Location and Sige.
For parcels 5.00 acres in size and smaller, the surface of the lake can occupy a
maximum of 40% of the lot area.
For parcels over 5.00 acres up to 10.00 acres, the surface area of the lake can
occupy a maximum of 45% of the lot area.
For parcels over 10.00 acres, the surface area of the lake can occupy a maximum
of 50% of the lot area.
Finished lakes must have an irregular shape with no corners less than 40 feet in
radius, and must otherwise conform to Section 2.8.4.7.1 of the Land Development
Code.
3.5.7.10.7
3.5.7.10.8
Setbacks less than 50% feet (from control elevation contour to property line) are
allowable if proper fencing (48 inches high and "childproof") is used. There shall
be no exceptions to the 50 foot front yard setback from the road R.O.W. line.
Depths. Type I and Type II Commercial Excavations shall not exceed 20 feet in
depth. The minimum depth shall be 12 feet at the middle of the excavation. See
3.5.7.3.1 for exceptions.
Sideslopes shall be no steeper than one (1) foot vertical to four (4) feet horizontal
to a depth of i:Pme--{9) ten (10) feet below ~:~:~ ......~
,~,,~ ..... ~ ...... control elevation and
may be as steep as one (1) foot vertical to two (2) feet horizontal below that
elevation.
3.5.7.10.9
3.5.7.10.10
3.5.7.10.11
3.5.7.10.12
Sec. 3.5.8.
Building envelope. A minimum one (1) acre building envelope will be shown. The
envelope shall be contiguous, rectangular in shape, and may extend to the
property lines and include setbacks. The minimum dimension of the rectangle
shall be 150 feet.
Stockpiles. Temporary stockpile areas shall occupy a minimum of one (1) acre.
The stockpile area may occupy the future homesite. Proper erosion control and
sediment measures must be used at the stockpile site.
Littoral zone plantings must conform to Section 3.5.7.2.5.
Federal and State Agency Permits. Any excavation in Golden Gate Estates
occurring in an area containing SFWMD (Southwest Florida Water Management
District), DEP (Department of Environment Protection), or USACOE (United
States Army Corps of Engineers)jurisdictional vegetation must obtain a permit
from the applicable agency prior to issuance of the excavation permit.
Inspection and reporting requirements.
Words struck t~rc, agh are deleted, words underlined are added.
35
3.5.8.1.1.
Status reports. The permittee shall provide the development services director with
an excavation activities status report as follows:
Private and Type I and Type H commercial excavations. A final status
report within 30 days after the final completion of the excavation.
Development and all Type III commercial excavations. An annual status
report every 12 months over the duration of the permit and a final status
report within 30 days after the final completion of each phase of the
excavation. If a final status report will be filed within four months of the
required annual status report, then the need for the preceding annual status
report shall be waived.
3.5.8.1.2.
Collier County personnel are not obligated to carry out a detailed topographic
survey to determine compliance with this division. Upon a finding of violation of
this division or the special conditions of the excavation permit, the Development
Services Director shall advise the permittee in writing by certified letter. The
permittee shall, within 15 days of receipt of such notice, have either the violation
corrected or submit in writing why such correction cannot be accomplished within
the 15-day period. Such written communication shall also state when the violation
is to be corrected. If, in the opinion of the Development Services Director, the
delay in correcting the violation is excessive, he may recommend to the Board
that the excavation permit be temporarily suspended or permanently revoked.
Upon correction of the violation, the permittee may be required by the
Development Services Director to have an appropriate report, letter and/or survey,
whichever is applicable, prepared, sealed and submitted to Collier County by the
project's engineer/surveyor. Failure to do so shall be cause for revoking the
permit.
3.5.8.1.3.
Status reports. The permittee shall provide the Development Services Director
with an excavation activities status report as follows:
Private and Type I and Type H commercial excavations. A final status
report within 30 days after the final completion of the excavation.
The final or annual status report shall consist of no less than the following
information as may be deemed necessary by the Development Services
Director, to accurately determine the status of the excawttion, its
compliance with this division and the special conditions of the excavation
permit:
(1)
A base line along the top of the perimeter of the excavation, clearly
referenced to known points and adjacent property or tract lines, if
appropriate, with right angle cross sections taken which clearly
show the as-built side slope and depth of the excavation at each
station. Unless otherwise approved by the Development Services
Director, cross sections shall be taken every 100 feet on
excavations less than five acres, and every 200 feet on excavation
over five acres. Partial cross sections showing the as-built side
slopes will be necessary on the ends of the excavation and around
the perimeter of the excavation where due to its irregular shape, the
base line right angle cross sections do not accurately depict the
actual constructed slopes. The cross section survey data shall be
plotted at an appropriate scale and the as-built side slope ratio
computed for each of the segments between the survey data points
The approved design cross section, including the breakpoints, shall
be superimposed on each as-built cross section to facilitate visual
verification of substantial compliance with provisions of this
division. Side slopes shall be graded to within a reasonable
tolerance as will be determined by the Development Services
Director, depending upon local site conditions.
Words struck t?~rc, ugh are deleted, words underlined are added.
36
(4)
Calculation of volume of excavated material as follows: Cubic
yards used on site + Cubic yards removed from site + Cubic yards
remaining on site in stockpiles = Total cubic yards excavated
during reporting period.
A certification form from the project's surveyor/engineer
stating that they have visually inspected all dikes around
any dewatering storage areas, if any, and have alerted the
permittee of any apparent weak spots or failures which
shall be promptly corrected by the permittee to assure that
there will be no potential for dike rupture that would cause
off-site flooding.
bo
A certification form from the project's surveyor/engineer
shall accompany all final completion status reports stating
that, based on their observations and surveys, all work on
the excavation(s) was completed within reasonably
acceptable standards of this division and any special
stipulations placed upon the excavation permit.
SECTION FOUR: CONFLICT AND SEVERABILITY
In the event this Ordinance conflicts with any other Ordinance of Collier County and other
applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE
The provisions of this Ordinance shall become and be made a part of the Land Development
Code of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to
accomplish such, and the word "ordinance" may be changed to "section", "article", or any other
appropriate word.
Words strucl~ thrg'.'.g~ are deleted, words underlined are added.
37
SECTION SIX: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of
Collier County, Florida, this
day of
ATTEST:
,2001.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
JAMES D. CARTER, Ph.D., CHAIRMAN
DWIGHT E. BROCK, CLERK
Approved As To Form And Legal Sufficiency
/l~(X~arjorie M. Student
Assistant County Attorney
I:\ LDC_Amendments\LDC Cycle 2A-SPECIAL - 2001\LDC ORD Cycle SPECIAL_2A-I .doc
Words :~ack iF. re, ugh are deleted, words underlined are added.
38
September 28, 2001
Ms. Pam Perrell
Naples Daily News
1075 Central Avenue
Naples, FL 34102
Re: Notice of Public Hearing to Consider Petition 2001-02,
Special Cycle 2A-Special
Dear Pam:
Please advertise the above referenced petition on Monday, October
8, 9.001 and kindly send the Affidavit of Publication, in
duplicate, together with charges involved to this office.
Thank you.
Sincerely,
Ellie Hof fman,
Deputy Clerk
Enclosure
Charge to: Account 113-138312-649110
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on WEDNESDAY, OCTOBER 24, 2001, in the
Boardroom, 3rd Floor, Administration Building, Collier County
Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board
of County Commissioners will consider the enactment of a County
Ordinance. The meeting will commence at 5:05 P. M. The title of the
proposed Ordinance is as follows:
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS AMENDED,
THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE
COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA
OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE,
RECITALS; SECTION TWO, FINDINGS OF FACT: SECTION THREE,
ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE
SPECIFICALLY AMENDING THE FOLLOWING: ARTICLE 2, ZONING,
DIVISION 2.2 ZONING DISTRICTS, PERMITTED USES, CONDITIONAL
USES, DIMENSIONAL STANDARDS, DIVISION 2.7, ZONING
ADMINISTRATION AND PROCEDURES; ARTICLE 3, DIVISION 3.5
EXCAVATION; AND READOPTING CERTAIN AMENDMENTS TO DIVISION
2.5 SIGNS, SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION
FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE;
AND SECTION SIX, EFFECTIVE DATE.
Petition No. LDC-2001-02, Special Cycle 2A, Planning
Services Department, representing the Board of County
Commissioners of Collier County, Florida, requesting
amendments to Ordinance 91-102, as amended, the Collier
County Land Development Code.
Copies of the proposed Ordinance are on file with the Clerk to
the Board and are available for inspection. All interested
parties are invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must
register with the County administrator prior to presentation of
the agenda item to be addressed. Individual speakers will be
limited to 5 minutes on any item. The selection of an individual
to speak on behalf of an organization or group is encouraged. If
recognized by the Chairman, a spokesperson for a group or
organization may be allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials
included in the Board agenda packets must submit said material a
minimum of 3 weeks prior to the respective public hearing. In
any case, written materials intended to be considered by the
Board shall be submitted to the appropriate County staff a
minimum of seven days prior to the public hearing. Ail material
used in presentations before the Board will become a permanent
part of the record.
Any person who decides to appeal a decision of the 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 based.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
JAMES D. CARTER, Ph.D., CHAIRMAN
DWIGHT E. BROCK, CLERK
By: /s/Ellie Hoffman, Deputy Clerk
(SEAL)
Ellie J. Hoffman
To:
Subject:
paperrell@naplesnews.com
Petition LDC-2001-2
Good Morning, Pam,
Please advertise the above referenced
notice as indicated on the attached.
Thanks.
Ellie
LDC 2001-02.doc
LDC 2001-02.do¢
Ellie J. Hoffman
From:
Sent:
To:
Subject:
System Administrator [postmaster@naplesnews.com]
Friday, September 28, 2001 11:42 AM
Ellie J. Hoffman
Delivered: Petition LDC-2001-2
PetitionLDC-2001-2
<<Petition LDC-2001-2>> Your message
To: ,paperrell®naplesnews.com'
Subject: Petition LDC-2001-2
Sent: Fri, 28 Sep 2001 11:44:22 -0400
was delivered to the following recipient(s):
Perrell, Pamela on Fri, 28 Sep
2001 11:42:14 -0400
Naples Daily News
NapLes, FL 34102
Affidavit of Publication Naples DaiLy News
BOARD OF COUNTY CONNISSIONERS
CHRIS HORTON
PO BOX 413016
NAPLES FL 34101-3016
REFERENCE: 001230
58329195 2001-02 2A-SPECIAL N
State of FLorida
County of Collier
Before the undersigned authority, personally
appeared Phil Lewis, who on oath says that he
serves as the Editor and Vice President of the
Naples Daily News, a daily newspaper published at
Naples in Collier County, FLorida: thet the
attached copy of advertising was published in said
newspaper on dates Listed.
Affiant further says that the said Naples Daily
News is a newspaper published at Naples, in said
Collier County, FLorida, and that the said
newspaper has heretofore been continuously
published in said Collier County, FLorida, each
day and has been entered as second class mail
~atter at the post office in Naples, in said
Collier County, FLorida, for a period, of 1 year
next preceding the first publication of the
attached copy of advertisement; and affiant
further says that she has neither paid nor
promised any person, firm or corporation any
discount, rebate, commission or refund for the
purpose of securing this advertiseaent for
pubLiction in the said newspaper.
PUBLISHED ON: 10/08
AD SPACE: 148.000 INCH
FILED ON: 10/08/01
Signature of Affiant ~..;.~J~
Sworn to and Subscribed before me thi~ ~ day of
Personally kno y ' (
SPE
PER
TIC
DU
TION
I
TION
FLI
:?.~:: ~!~., Nancy Evans
. ,. :,: k~Y COMMISSION ~ CC849~70 EXPIRES
July 18, 2005
OCT i III 001 I
AND
20014
Dsvelopmenf
NTY
commence
The title of the
Collier County, Florida
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARING~__~~
To: Clerk to the Board: /__~ ~
Advertisement ~
Please place the following as a: ~ Normal Legal .
(Display Adv., location, etc.)
Originating Dept/Div: Planning Services Person: ~,; Date:
(Sign clearly,
Petition No. (If none, give brief description): LDC-2001-2A Special Cycle
Petitioner: (Name & address): Collier County Planning Services, 2800 North Horseshoe Drive, Naples, Fla.
Name & Address of any person(s) to be notified by Clerk's Office:
(If more space needed, attach separate sheet)
Hearing before: / XX / BCC / / BZA / / Other
Requested hearing date: l~~l~;ed ~n advertisement appearing 5 days before hearing.
Newspaper(s) to be used: (Comp±ere on±y ir importa t / /, -- /XXXX/ Naples Daily News
or legally required / /) /-. / Other
Proposed Text: (lnclude legal description & common location & si~:
LDC-2001-02A Special Cycle - See attached legal ad
Companion petition(s), if any, & proposed hearing date:
Does Petition Fee Include Advertising Cost? Yes XXX No /. ? If yes, what account should be charged
for advertising costs: ; ;3 --~ g3~ ' ~ ~9~ ~ O
Reviewed by: ~ ~J~ ~ Approved by:
Division Head ~ II ~ ~/~'~/O/ County Manager Date
List Attachments~ C~' I/ -i
' (3)
DISTRIBUTION INSTRUCTIONS
For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head
approval before submitting to County Manager. NOTE: If legal document is involved{ be sure that any
necessary legal review, or request for same{ is submitted to County Attorney before submitting to
County Manager. The Manager's Office will distribute copies:
/ / County Manager agenda file; / / Requesting Division; / / Original
to Clerk's Office
B. Other hearings: Initiating Division Head to approve and submit original to Clerk's Office, retaining a
copy for file.
FOR ................ ' ........................... ' .... --"'" ......
US~ ONLY
Date____Received Date Advertised
Date of P.H.~//~/
FAX
TO:
Pam Perrell
LOCATION:
FAX NO.:
COMMENTS:
Naples Daily News
(941) 263-4703
Please advertise the enclosed notice as
indicated
FROM:
Teri Michaels
Board Minutes & Records
LOCATION: COLLIER COUNTY COURTHOUSE
FAX NO:
PHONE NO:
(941) 774-8408
(941) 774-8406
DATE SENT:
TIME SENT:
9/24/2001
3:00 PM
# OF PAGES: (Including cover) 5
September 24, 2001
Ms. Pam Perrell
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re' Notice of BCC Public Hearing to be held October 24, 2001; LDC-2001-
2A Special Cycle (5 day)
Dear Pam:
Please advertise the above referenced notice and map on Thursday,
October 18, 2001. This advertisement should be no less than one-quarter
page and the headline in the advertisement should be in a type no smaller
than 18 point. The advertisement should not be placed in that portion of
the newspaper where legal notices and classified advertisements appear.
Kindly send the Affidavit of Publication, in duplicate, with charges involved to
this office.
Thank you.
Sincerely,
Teri Michaels,
Deputy Clerk
Enclosures
P.O./Account # 113-138312-649110
COLLIER COUNTY GOVERNMENT
COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION
PLANNING SERVICES DEPARTMENT
2800 NORTH HORSESHOE DRIVE
NAPLES, FL 34104
October 24, 2001
BCC Public Hearing
NOTICE OF CONSIDERATION/ADOPTION
Notice is hereby given that on WEDNESDAY, October 24, 2001, at
5:05 P.M. in the Boardroom, 3rd Floor, Building "F," Collier
County Government Center, 3301 East Tamiami Trail, Naples,
Florida, the Board of County Commissioners will consider the
enactment of a County Ordinance pursuant to Chapter 125.66(2),
Florida Statutes, the title of which is as follows:
AN ORDINANCE AMENDING ORDINANCE NUMBER
91-102, AS AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE, WHICH INCLUDES THE
COMPREHENSIVE ZONING REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA, BY PROVIDING FOR: SECTION ONE,
RECITALS~ SECTION TWO, FINDINGS OF FACT~
SECTION THREE, ADOPTION OF AMENDMENTS TO THE
LAND DEVELOPMENT CODE, MORE SPECIFICALLY
AMENDING THE FOLLOWING= ARTICLE 2, ZONING,
DIVISION 2.2. ZONING DISTRICTS, PERMITTED
USES, CONDITIONAL USES, DIMENSIONAL
STANDARDS, DIVISION 2.7. ZONING
ADMINISTRATION AND PROCEDURES~ ARTICLE 3,
DIVISION 3.5 EXCAVATION~ AND READOPTING
CERTAIN AMENDMENTS TO DIVISION 2.5, SIGNS,
SECTION FOUR, CONFLICT AND SEVERABILITY~
SECTIVE FIVE, INCLUSION IN THE COLLIER COUNTY
LAND DEVELOPMENT CODE~ AND SECTION SIX,
EFFECTIVE DATE
-1-
PHONE (941) 403-2400 FAX (941) 643-6968 www. co.collier, fl.us
October 24, 2001
BCC Public Hearing
NOTICE OF CONSIDERATION/ADOPTION
Notice is hereby given that on WEDNESDAY, October 24, 2001, at
5:05 P.M. in the Boardroom, 3rd Floor, Building "F," Collier
County Government Center, 3301 East Tamiami Trail, Naples,
Florida, the Board of County Commissioners will consider the
enactment of a County Ordinance pursuant to Chapter 125.66(2),
Florida Statutes, the title of which is as follows:
AN ORDINANCE AMENDING ORDINANCE NUMBER
91-102, AS AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE, WHICH INCLUDES THE
COMPREHENSIVE ZONING REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA, BY PROVIDING FOR: SECTION ONE,
RECITALS: SECTION TWO, FINDINGS OF FACT:
SECTION THREE, ADOPTION OF AMENDMENTS TO THE
LAND DEVELOPMENT CODE, MORE SPECIFICALLY
AMENDING THE FOLLOWING~ ARTICLE 2, ZONING,
DIVISION 2.2. ZONING DISTRICTS, PERMITTED
USES, CONDITIONAL USES, DI~NSIONAL
STANDARDS, DIVISION 2.7. ZONING
ADMINISTRATION AND PROCEDURES; ARTICLE 3,
DIVISION 3.5 EXCAVATION; AND READOPTING
CERTAIN AMENDMENTS TO DIVISION 2.5, SIGNS,
SECTION FOUR, CONFLICT AND SEVERABILITY;
SECTIVE FIVE, INCLUSION IN THE COLLIER COUNTY
LAND DEVELOPMENT CODE; AND SECTION SIX,
EFFECTIVE DATE
-1-
Ail interested parties are invited to appear and be heard.
Copies of the proposed ordinance are available. Any'person who
decides to appeal a decision of the 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.
LDC BCC AD 2 (5 day)
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
JAMES D. CARTER, Ph.D.,CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Maureen Kenyon, Deputy Clerk
I T48S I T47S I T4, S I T4gS I TSOS I T51S I T52S 1 T53S I
IAI
0 io
r. 0
0
U
.JJ,.NO00 O,b'VMO~I~B J,.Z, NnO0 30~0
NAPLES DAILY NEWS
Published Daily
Naples, FL 34102
Affidavit of Publication
State of Florida
County of Collier
Before the undersigned they serve as the authority, personally
appeared Angela Bwant, who on oath says that they
serve as the Administrative Assistant To The Publisher of the
Naples Daily, a daily newspaper published at Naples, in
Collier County, Florida; distributed in Collier and Lee counties
of Flor/da; that the attached copy of the advertising, being a
in the matter of PUBLIC NOTICE
was published in said newspaper 1 time(s) in the issue
on October 18, 2001.
Affiant further says that the said Naples Daily News is a newspaper
published at Naples, in said Collier County, Florida, and that the said
newspaper has heretofore been continuously published in said Collier
County, Florida; distributed in Collier and Lee counties of Florida,
each day and has been entered as second class mail matter at the post
office in Naples, in said Collier County, Florida, for a period of 1
year next preceding the first publication of the attached copy of
advemsement; and affiant further says that he has neither paid nor
promised any person, firm or corporation any discount, rebate,
commission or refund for the purpose of securing this advertisement for
publication in the said newspaper.
( SignaYure of affiant)
Sworn *.o and subscribed before me
this 19th day of October, 2001
I .nTIC OF CONSIDER .TIO .
~' '- SDAY October 24, 200 ,
~ Mntlr~ is herebv given ~at on WEDNE .~ .:~, ~_,,.. r~.,~ nnvernment
P.M. in the Boardroom,.3r~ ~lo~r, But g ~;ida the Board of CounW
Center, 3301 ~st Tam~am~ Trail, Naples, Fi; , . -
commissione~ will consider .the ena~ment of a Coun~ Ordinance pursuant
to Chapter 125.66 (2), Florida S~tut~s, ~'*~b of which is as follows:
' A CE AMg"01. OrO na.c[ .UMa[r 9[-[02, AS
CLUDES THE COMPREHENSl E'
WHIC~I~ ...... .,,,,,~aa~ ED AR~ OF COLLIER COUNt,
TIONS FOE t~C um~-RAT ·
FLORIDA, BY PROVlOING FOR: SECTION ONE, RECITALS: SEC-
TION ~O, FINOINGS OF FACT: sE~iON THREE, ADOPTION OF
MENTS TO THE ~NO D~ELOPMENT CODE, MORE SPE-
AMEND · ARTICLE 2, ZONING,
ClFICALLY AMENDING THE FOLLOWING.
2.2. ZONING DISTRICTS, PERMI~ED USES, CONDI'
DIVISION DIVISION 2.7. ZON'
.. TIONAL USES, DIMENSIONAL STANDARDS,
lNG ADMINISTRATION AND PROCEDURES; ARTICLE· 3, DIVISION
. VATION; AND R~DOPTING CERTAIN AMENOMENTS TO
3 5 ~CA ........ .,~,, =nH= CONFLICT AND S~ERA'
BILI~; SECTION FIVE, INCLUSION IN THE COLLIER COUN~
~ND DEVELOPMENT CODE; AND SECTION SlX, EFFECTIVE
Ali interested paffies are invited to appear and be heard. Copies of the pm-
' are available. Any persons w~o decides to appeal a d~i-
p~sed~dlnanc' -' -~, the moceedl~r~alnlng thereto
sion ot the Board will need a re~,.d of ~ ' ' ' '
and, therefore, may need to ensur:e that a verbatim of the proceed-
ings is made, which record i~Cl"des the testimony upon which the appeal is
to be based. , ~.' · 't'~ r
' - BOARD OF COUN~ COMMISSIONERS
COLLIER COUNTY, FLORIDA
JAMES D. CARTER, Ph.D., CHAIRMAN
OWlGHT E. BROCK, CLERK
By: Maureen Kenyon, Oepub/Clerk
Colllir Countg
FIoPIdm
October
ORDINANCE NO. 01- 6 0
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102,
AS AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE, WHICH 1NCLUDES THE
COMPREHENSIVE ZONING REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS:
SECTION TWO, FINDINGS OF FACT: SECTION THREE,
ADOPTION OF AMENDMENTS TO THE LAND
DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING
THE FOLLOWING: ARTICLE 2, ZONING, DIVISION 2.2.
ZONING DISTRICTS, PERMITTED USES, CONDITIONAL
USES, DIMENSIONAL STANDARDS, DIVISION 2.7. ZONING
ADMINISTRATION AND PROCEDURES; ARTICLE 3,
DIVISION 3.5 EXCAVATION; AND READOPTING CERTAIN
AMENDMENTS TO DIVISION 2.5 SIGNS, SECTION FOUR,
CONFLICT AND SEVERABILITY; SECTION FIVE,
INCLUSION IN THE COLLIER COUNTY LAND
DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE
DATE.
. WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners adopted
Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LDC) , which has been
subsequently amended; and
WHEREAS, the LDC may not be amended more than two times in each calendar year pursuant to
Section 1.19.1., LDC; and
WHEREAS, this is the first amendment to the LDC, Ordinance 91-102, for the calendar year 2001;
and
WHEREAS, on March 18, 1997, the Board of County Commissioners adopted Resolution 97-177
establishing local requirements and procedures for amending the LDC; and
WHEREAS, all requirements of Resolution 97-177 have been met; and
WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold
advertised public hearings on October 10, 2001 and October 24, 2001, and did take action concerning these
amendments to the LDC; and
WHEREAS, the subject amendments to the LDC are hereby determined by this Board to be
consistent with and to implement the Collier County Growth Management Plan as required by Subsections
163.3194 (1) and 163.3202 (1), Florida Statutes; and
WHEREAS, all applicable substantive and procedural requirements of the law have been met.
NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier
County, Florida, that:
SECTION ONE: RECITALS
The foregoing recitals are true and correct and incorporated by reference herein as if fully set forth.
SECTION TWO: FINDINGS OF FACT
Words struck throug~ are deleted, words underlined are added.
1
The Board of County Commissioners of Collier County, Florida, hereby makes the following
findings of fact:
1. Collier County, pursuant to Sec. 163.3161, et seq., Fla. Stat., the Florida Local Government
Comprehensive Planning and Land Development Regulations Act (hereinafter the "Act"), is required to prepare
and adopt a Comprehensive Plan.
2. After adoption of the Comprehensive Plan, the Act and in particular Sec. 163-3202(1). Fla.
Stat., mandates that Collier County adopt land development regulations that are consistent with and implement
the adopted comprehensive plan.
3. Sec. 163.3201, Fla. Stat., provides that it is the intent of the Act that the adoption and
enforcement by Collier County of land development regulations for the total unincorporated area shall be based
on; be related to, and be a means of implementation for, the adopted Comprehensive Plan as required by the
Act.
4. Sec. 163.3194(1)(b), Fla. Stat., requires that all land development regulations enacted or
amended by Collier County be consistent with the adopted Comprehensive Plan, or element or portion thereof,
and any land development regulations existing at the time of adoption which are not consistent with the adopted
Comprehensive Plan, or element or portion thereof, shall be amended so as to be consistent.
5. Sec. 163.3202(3), Fla. Stat., states that the Act shall be construed to encourage the use of
innovative land development regulations.
6. On January 10, 1989, Collier County adopted the Collier County Growth Management Plan
(hereinafter the "Growth Management Plan" or "GMP") as its Comprehensive Plan pursuant to the requirements
of Sec. 1634.3161 etseq. Fla. Stat., and Rule 9J-5, F.A.C.
7. Sec. 163.3194(1)(a), Fla. Stat., mandates that after a Comprehensive Plan, or element or
portion thereof, has been adopted in conformity with the Act, all development undertaken by, and all actions
taken in regard to development orders by, governmental agencies in regard to land covered by such
Comprehensive Plan or element or portion thereof shall be consistent with such Comprehensive Plan or element
or portion thereof.
8. Pursuant to Sec. 163.3194(3)(a), Fla. Stat., a development order or land development
regulation shall be consistent with the Comprehensive Plan if the land uses, densities or intensities, in the
Comprehensive Plan and if it meets all other criteria enumerated by the local government.
9. Section 163.3194(3)(b). Fla. Stat., requires that a development approved or undertaken by a
local government shall be consistent with the Comprehensive Plan if the land uses, densities or intensities,
capacity or size, timing, and other aspects of development are compatible with, and further the objectives,
policies, land uses, densities or intensities in the Comprehensive Plan and if it meets all other criteria
enumerated by the local government.
10. On October 30, 1991, Collier County adopted the Collier County Land Development Code,
which became effective on November 13, 1991 and may be amended twice annually.
11. Collier County finds that the Land Development Code is intended and necessary to preserve
and enhance the present advantages that exist in Collier County; encourage the most appropriate use of land,
water and resources, consistent with the public interest; overcome present handicaps; and deal effectively with
future problems that may result from the use and development of land within the total unincorporated are of
Collier County and it is intended that this Land Development Code preserve, promote, protect, and improve the
public health, safety, comfort, good order, appearance, convenience, and general welfare of Collier County;
prevent the overcrowding of land and avoid the undue concentration of population; facilitate the adequate and
efficient provision of transportation, water, sewerage schools, parks, recreational facilities, housing, and other
requirements and services, conserve, develop, utilize, and protect natural resources within the jurisdiction of
Collier County; and protect human, environmental, social, and economic resources; and maintain through
orderly growth and development, the character and stability of present and future land uses and development in
Collier County.
Words stn:c!: t~rm:g~ are deleted, words underlined are added.
2
12. It is the intent of the Board of County Commissioners of Collier County to implement the
Land Development Code in accordance with the provisions of the Collier County Comprehensive Plan, Chapter
125, Fla. Stat., and Chapter 163, Fla. Stat., and through these amendments to the Code.
SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE
SUBSECTION 3.A.
AMENDMENTS TO ZONING DISTRICTS, PERMITTED
CONDITIONAL USES, DIMENSIONAL STANDARD DIVISION
USES,
Division 2.2., Zoning Districts, Permitted Uses, Conditional Uses, Dimensional Standards, of
Ordinance 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as
follows:
DIVISION 2.2.
Sec. 2.2.12.
Sec. 2.2.14.
ZONING DISTRICTS, PERMITTED
DIMENSIONAL STANDARDS
USES, CONDITIONAL USES,
Commercial professional district (C-l) and commercial professional
transitional district (C-I/T).
2.2.12.2.1. Permitted uses.
2. Automobile parking (7521) except for tow-in parking.
Commercial intermediate district (C-3).
2.2.14.2.1 Permitted uses.
4. Automotive services (7549) except that this shall not be construed to permit
the activity of "wrecker service (towing) automobiles, road and towing service."
General commercial district (C-4).
Sec. 2.2.15.
2.2.15.2.1 Permitted uses.
5. Automotive repair, services, parking ( groups 7514, 7515, 7521 except that
this shall not be construed to permit the activity of "tow-in parking lots"), and
carwashes ( group 7542), provided that carwashes abutting residential zoning
districts shall be subject to the following criteria:
Words struck threugh are deleted, words underlined are added.
3
Sec. 2.2.16.
Industrial district (I).
2.2.16.2.1 Permitted uses.
4-819.
4-920.
-2-021.
22.
2-323.
18. General aviation airport.
Gunsmith shops (group 7699) with accessory shooting range for testing
and training except for outdoor shooting ranges.
Heavy construction (groups 1611-1629).
Health services (8011 accessory to industrial activities conducted on-site
only).
Industrial and commercial machinery and computer equipment (3511-
3599).
Leather and leather products (groups 3131-3199).
-2-324. Local and suburban transit (groups 4111- 4173).
-242~5. Lumber and wood products (groups 2426, 2431-2499).
2-52__66. Measuring, analyzing, and controlling instruments; photographic, medical
and optical goods; watches and clocks (groups 3812-3873).
g62___~7. Membership organizations (groups 8611,8631).
g-728. Miscellaneous manufacturing industries (groups 3911-3999).
gg 2_~9. Miscellaneous repair services (groups 7622-7699) with no associated retail
sales.
g930. Motor freight transportation and warehousing (groups 4212, 4213-4225,
4226 except oil and gas storage, and petroleum and chemical bulk
stations).
gO 3__!_1. Outdoor storage yards pursuant to the requirements of section 2.2.151/2.6.
3-1- 32. Paper and allied products (2621-2679).
3-~ 33. Personal services (groups 7211- 7219).
3-334. Physical fitness facilities (group 7991).
543_~5. Printing, publishing and allied industries (groups 2711-2796).
3-536. Railroad transportation (4011, 4013).
563'7. Real estate brokers and appraisers (6531).
3-73___~8. Rubber and miscellaneous plastics products (groups 3021, 3052, 3053).
Words str'ack t?~rc, t:gh are deleted, words underlined are added.
4
39.
40.
4-3 43.
43 44.
44 45.
/15 46.
~.fi 47.
47 48.
Stone, clay, glass, and concrete products (groups 3221,3251, 3253, 3255-
3273, 3275, 3281)
Textile mill products (groups 2211-2221, 2241-2259, 2273-2289, 2297,
2298).
Transportation equipment (groups 3714, 3716, 3731, 3732, 3751, 3761,
3764, 3769, 3792, 3799).
Transportation by air (groups 4512-4581 ..... * ~:~-,'*o ',,,-~ ' ~,~,~
__ Transportation services (groups 4724-4783, 4789 except stockym:ds).
__ United States Postal services (4311).
__ Welding repair (7692).
Wholesale trade- durable goods (groups 5012-5014, 5021-5049, 50-63-
5092, 5094-5099).
Wholesale trade - nondurable goods (groups 5111-5159, 5181, 5182, 5191
except that wholesale distribution of chemicals, fertilizers, insecticides, and
pesticides shall be a minimum of 500 feet from a residential zoning district
(5192-5199).
Any other use which is comparable in nature with the foregoing uses and is
otherwise clearly consistent ~vith the intent and purpose statement of the
district.
2.2.16.2.2. Uses accessory to permitted uses.
Recreational vehicle campground and ancillary support facilities when in
coniunction with temporary special event activities such as air shows and
the like.
SUBSECTION 3.B. AMENDMENTS TO SIGNS DIVISION
Division 2.5., Signs, of Ordinance 91-102, as amended, the Collier County Land Development Code,
is hereby readopted to read as follows:
DIVISION 2.5. SIGNS
Sec. 2.5.5. Permitted signs.
2.5.5.1.
Signs within residential zoned districts and as applicable to residential designated
portions of PUD zoned properties.
2.5.5.1.1. Development standards.
Maximum allowable height. All signs within residential zoned districts
and as applicable to residential designated portions of PUD zoned
properties are limited to a maximum height of eight feet, or as provided
within this code. Height shall be measured from the lowest centerline
grade of the nearest public or private R.O.W. or easement to the
uppermost portion of the sign structure.
Minimum setback. All signs within residential zoned districts and as
applicable to residential designated portions of PUD zoned properties shall
Words struc!: through are deleted, words underlined are added.
5
not be located closer than 15 10 feet from the property line, unless
otherwise noted below or as provided for in section 2.1.13.
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.)
o
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 4-5 10 feet from any
property line. In the case of undeveloped parcels where the existing
vegetation may not allow the location of the sign -t-5 10 feet from the
property line, the planning services director may allow a reduction in the
amount of the required setback however, in no case shall said sign be
located closer than five feet from any property line unless authorized by
the board of zoning appeals through the variance process.
Real estate signs shall be removed when an applicable temporary use
permit has expired, or within seven days of any of the following
conditions: ownership has changed; the property is no longer for sale; rent
or lease; or, the model home is no longer being used as a model home.
o
A sign advertising that a property has been sold or leased shall not be
displayed for more than 30 14 days after it is erected.
2.5.5.1.3.
Model home signs. One on-premises sign for model homes, approved in
conjunction with a temporary use permit in any zoning district not to exceed 32
square feet. Model home sign copy shall be limited to the model name, builder's
name, name and address, phone number, price, logo, and model home. Model
home signs shall not be illuminated in any manner (No building permit
required.)
2.5.5.1.4.
Construction signs. All supports for such signs shall be securely built,
constructed, and erected and shall be located on the site under construction,
subject to the following:
One ground sign with a maximum height of 6 feet or wall sign, with a
maximum of four square feet in size, may be used as a construction sign
by the general contractor of the development or as a permit board, within
each front yard for each parcel less than one acre in size. (No building
permit required.)
One ground sign with a maximum height of 8 feet or wall sign, with a
maximum of 12 square feet in size, may be used as a construction sign by
the general contractor of the development or as a permit board, within
each front yard for each parcel one to ten acres in size. (No building
permit required.)
Words str'ack t~ra'agh are deleted, words underlined are added.
6
o
One pole sign with a maximum height of 15 feet or wall sign, with a
maximum of 64 square feet in size, may be used as a construction sign by
the general contractor of the development or as a permit board, within
each from yard for each parcel in excess often acre in size.
One ground or wall sign, with a maximum of four square feet in size, may
be used as a construction sign by each contractor, lending institution, or
other similar company involved with the development, regardless of parcel
size, (No building permit required.)
2.5.5.1.5.
Residential directional or identification signs. Directional or identification signs
no greater than four square feet in size, and located internal to the subdivision or
development may be allowed subject to the approval of the planning services
director, or his designee. Such signs shall only be used to idemify the location or
direction of approved uses such as models or model sales centers, club house,
recreational areas, etc. These signs may be clustered together to constitute a sign
with a maximum area of 24 square feet and a maximum height of eight feet. Such
clustered signs shall require a building permit. For signage to be located alone
along the Golden Gate Parkway see division 2.2, section 2.2.21.1 and 2.2.21.6.2.
2.5.5.1.6.
On-premises signs within residential districts. Two ground signs with a maximum
height of 8 feet or wall residential entrance or gate signs may be located at each
entrance to a multi-family, single-family, mobile home or recreational vehicle
park subject to the following requirements:
Such signs shall contain only the name of the subdivision, the insignia or
motto of the development and shall not contain promotional or sales
material. Said signs shall maintain a I__Q0 -1-5-foot setback from any property
line unless placed on a fence or wall subject to the restriction set forth in
section 2.6.11. Furthermore, bridge signs located on private bridges
directly leading to private communities shall not be considered off-
premise signs. Bridge signs complying with the requirements of section
2.5.5.1.6 may be substituted for ground or wall signs in residential
districts.
The ground or wall signs shall not exceed a combined area of 64 square
feet, and shall not exceed the height or length of the wall or gate 'upon
which it is located.
Logos without any verbal content and similar architectural features less
than ten square feet in area not containing any letters or numbers shall not
be considered signs and shall be allowed throughout the developmem.
However, should such architectural embellishments be located closer than
ten feet to any sign, then it shall be considered an integral part of the sign
and shall be subject to the restrictions of this section.
2.5.5.1.7. Conditional uses within the residential and agricultural districts.
Conditional uses within the residential district are permitted one wall sign
with a maximum of 32 square feet. Corner lots are permitted two such
wall signs.
Conditional uses within the agricultural district in the urban area,
residential and estates districts with a street frontage of 150 feet or more
and a land area of 43,560 square feet or larger are permitted a ground sign
with a maximum height of 8 feet with and a maximum area of 32 square
feet.
o
Bulletin boards and identification signs for public, charitable, educational
or religious institutions located on the premises of said institutions and not
exceeding 12 square feet in size. (No building permit required.)
Words sir'ack thm'agh are deleted, words underlined are added.
7
2.5.5.2.
2.5.5.2.1.
The Board of County Commissioners may approve additional signage as
may be deemed appropriate during the conditional use approval process.
Signs within non-residential districts:
Design criteria and u~nified sign plan. Where multiple on-premise signs are
proposed for a single site or project, or in the case of a shopping center or multi-
use building, a unified sign plan shall be employed. An application for site
development or site improvement plan approval shall be accompanied by a
graphic and narrative representation of the unified sign plan to be utilized on the
site. The unified sign plan must be applied for by the property owner, or'his or her
authorized agent. The unified sign plan may be amended and resubmitted for
approval to reflect style changes or changing tenant needs. Design elements which
shall be addressed in both graphic and narrative form include:
(a) Colors;
(b) Construction materials and method;
(c) Architectural design;
(d) Illumination method;
(e) Copy style;
(f) Sign type(s) and location(s); and, conformance with the following:
No wall sign shall exceed 80 percent of the width of the unit(s) or
the building occupied by a business with a minimum of ten percent
clear area on each outer edge of the unit(s)or the building.;
All wall signs for multi-use buildings shall be located at a
consistent location on the building facade, except that anchor
tenants may vary from this locational requirement in scale with the
anchor's tenant's larger primary facade dimensions. All signs shall
adhere to the dimensions provided for in the unified sign plan; and
Pole signs shall provide a pole cover no less than 50 percent of the
width of the sign, with architectural design features including
colors and/or materials common to those used in the design of the
building the sign is accessory to. A minimum 100 square foot
planting area shall be provided around the base of any ground or
pole sign, consistent with the provisions of division 2.5. of this
o e see ............. e ow
are deleted, words underlined are added.
8
Illustration 16
(Illustration 16 is deleted)
2.5.5.2.1.1.
2.5.5.2.2.
The sign shall not be in the shape of a logo and the logo shall not
protrude from the sign.
(k) The use of fluorescent colors is prohibited.
Outparcels.. In addition to the above requirements, md=fied-signs-pta-as-for
outparcels, regardless of the size of the outparcel, shall be limited to the
following:
(a)
use In addition to any wai{ signs permitted by this code, outparcels may
by allowed one additional sixty square foot wall sign facing the shopping
center if the additional sign is not oriented towards any public right-of-
way. In no case shall the number of wall signs for an outparcel exceed 2
signs; and,
(b)
A single ground or-pole sign for outparcels having a frontage of 150 feet
or more, not to exceed 60 square feet. Pole Ground signs shall be limited
to -1-5 8feet in height.
Development standards.
Maximum allowable height. All pole or ground signs within non-
residential zoned districts and as applicable to non-residential designated
portions of PUD zoned properties are limited to a maximum height of L5
feet when located along an arterial or collector roadway and 12 feet for all
other roads, except as provided in this code for pole or ground signs for
automobile service stations and outparcels which are limited to a
maximum height of 8 feet; the maximum height for directory signs is
Words struck through are deleted, words underlined, are added.
9
2.5.5.2.3.
limited to 20 feet. ~;~'* c~, ..... , .... u .... ~ ·
..... ;~ c ..... :'~;~ '~:~ section. Height shall be measured from the lowest
centerline grade of the nearest public or private R.O.W. or easement to the
uppermost potion of the sign structure.
Minimum setback. All pole or ground signs within non-residential zoned
districts and as applicable to non-residential designated portions of PUD
zoned properties shall not be located closer than 15 10 feet from the
property line. Directory signs shall not be closer than 15 feet from the
property line, unless otherwise noted below or as provided for in section
2.1.13.
Maximum allowable sign area: 80 square feet for pole or ground signs
located along an arterial or collector roadway and 60 square feet for all
other roads, 60 square feet for outparcels and automobile service stations
and 150 square feet for directory signs.
The location of all permanent pole, ground and directory signs shall be
shown on the landscape plans as required by section 2.4.4.17.
The maximum size limitation shall apply to each structure. Pole or ground
signs may be placed back to back or in V-type construction with not more
than one display on each facing for a maximum of two display areas for
each V-type sign, and such sign structure shall be considered as one sign.
Spot or floodlights shall be permitted only where such spot or floodlight is
non-revolving and said light shines only on the owner's premises or signs
and away from any right-of-way.
Real estate signs: The following signs classified as real estate signs shall be
permitted in non-residential districts subject to the following:
One ground sign with a maximum height of 10 feet or wall "For Sale,"
"For Rent," or similar sign with a maximum area of twelve square feet in
size per street frontage for each parcel, or lot less than one acre in size.
(No building permit required.)
One ground sign with a maximum height of 10 feet or wall "For Sale,"
"For Rent," or similar sign, with a maximum 32 square feet in size, per
street frontage for each parcel, or lot one to ten acres in size. (No building
permit required.)
One pole 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 4-5 10 feet from any
property line. In the case of undeveloped parcels where the existing
vegetation may not allow the location of the sign -1-5 10 feet from the
property line, the planning services director may allow a reduction in the
amount of the required setback however, in no case shall said sign be
located closer than five feet from any property line unless authorized by
the board of zoning appeals through the variance process.
Real estate signs shall be removed when an applicable temporary use
permit has expired, or within seven days of any of the following'
conditions: ownership has changed; or, the property is no longer for sale,
rent or lease.
o
A sign advertising that a property has been sold or leased shall not be
displayed for more than 90 14 days after it is erected.
Words str'ack through are deleted, words underlined are added.
10
2.5.5.2.4.
Construction signs. All supports for such signs shall be securely built,
constructed, and erected and shall be located on the site under construction and no
closer than -1-5 10 feet from any property line, and subject to the following:
One ground sign with a maximum height of 10 feet or wall sign, with a
maximum of 12 square feet, may be used as a construction sign by the
general contractor of the development or as a permit board, within each
front yard for each parcel less than one acre in size. (No building permit
required.)
One ground sign with a maximum height of 10 feet or wall sign, with a
maximum of 32 square feet in size, may be used as a construction sign by
the general contractor of the development or as a permit board, within
each front yard for each parcel one to ten acres in size. (No building
permit required.)
One pole sign with a maximum height of 15 feet or wall sign, with a
maximum of 64 square feet in size, may be used as a construction sign by
the general contractor of the development or as a permit board, within
each front yard for each parcel in excess of 10 acres in size.
One ground or wall sign, with a maximum of 4 square feet in size, may be
used as a construction sign by each contractor, lending institution, or other
similar company involved with the development, regardless of parcel size.
(No building permit required).
All construction signs must be removed prior to the issuance of a
certificate of occupancy.
2.5.5.2.5.
On-premise signs. On-premise pole signs, ground signs, projecting signi, wall
signs, and mansard signs shall be allowed in all nonresidentially zoned districts
subject to the restrictions below:
2.5.5.2.5.1.
Pole or ground signs. Single-occupancy parcels, shopping centers, office
complexes, business parks, or industrial parks having frontage of 150 feet or more
on a public street, or combined public street frontage of 220 linear feet or more
for corner lots, shall be permitted one pole or tw,~ ground signs sign. Additional
pole or ground signs may be permitted provided that there is a minimum of a
1,000-foot separation between such signs, and all setback requirements are met. In
no case shall the number of pole or ground signs exceed two per street frontage.
In addition, multiple-occupancy parcels such as shopping centers, office
complexes, business parks, or industrial parks containing 25,000 square feet or
more of gross leasable floor area, and eight of more independent businesses will
be permitted one directory sign _,:,u .... : .....:-~ ~,r ~ ~n ....... fe fo
............................... ,~ ....et r a
single entrance on each public street. When a directory sign is proposed then pole
or ground signs shall be limited to the name and logo of the complex and shall not
contain name of any tenant. The directory sign shall contain a minimum of 4 and
a maximum of 8 tenant names. The name of businesses located on outparcels shall
not appear of directory signs.
1.
Words str',:ck through are deleted, words underlined are added.
11
&2.5.5.2.5.1.1. The minimum ! 5 foot setback requirement may be administratively reduced by a
maximum of ten feet by the planning services director upon submission of the
administrative variance fee and a written request. However in no case shall the
required setback be reduced to less than 5 feet. The planning services director's
decision to reduce the required ! 5 foot setback shall be based on the following:
a)
Where it can be demonstrated that within the adjacent right-of-way
the area between the property line and the edge of pavement is
excessively wide and that the actual paved area is unlikely to be
widened to the extent that reduction in the required setback will
result in the sign being any closer than 30 feet to the edge of
pavement;
b)
Where due to the existing site conditions and improvements, it can
be demonstrated that adherence to the required minimum required
-t-5-foot setback will have a deleterious effect on the safety of users
of the site from the perspective of vehicular parking and vehicular
and pedestrian ingress and egress;
c)
Where due to the nature and location of existing landscape features
and/or specimen trees, it would be prudent to allow for a reduction
in the required setback so as to most appropriately locate 'the sign
structure; or,
d)
The extent of the reduction is the minimum amount necessary to
provide relief from the applicable conditions cited above.
A
2.5.5.2.5.2.
Wall, mansard, canopy or awning signs. One wall, mansard, canopy or awning
sign shall be permitted for each single-occupancy parcel, or for each
establishment in a multiple-occupancy parcel. End units within shopping centers,
or single occupancy parcels where there is double frontage on a public right-of-
way, shall be allowed two signs, but such signs shall not be placed on one wall. In
..... + ..... ~ ........ ~ 2 s~gns. Retail businesses with a floor area of larger than
15,099 25,000 square feet and a front wall length of more th~ 200 linear feet,
are allowed three wall signs; however, the combined area of those signs shall not
exceed the maximum allowable display area for signs by this code.
The maximum allowable display area for signs shall not be more than 20
percent of the total square footage of the visual facade of the building to
which the sign will be attached and shall not, in any case, exceed 150
square feet for buildings or units up to 24,999 square feet, 200 square feet
for buildings or units between 25,000 and 59,999 square feet and 250
square feet for buildings over 60,000 250 square feet in area for any .sign.
Words strack through are deleted, words underlined are added.
12
2.5.5.2.5.3.
Projecting signs. Projecting signs may be substituted for wall or mansard signs
provided that the display area of the projecting sign shall not exceed 60 square
feet of display area.
Projecting signs shall not project more than four feet from the building
wall to which it is attached.
Projecting signs shall not extend above the roofline of the building to
which it is attached.
3. Projecting signs shall not project into the public right-of-way.
Projecting signs which project over any pedestrian way shall be elevated
to a minimum height of eight feet above such pedestrian way.
2.5.5.2.5.4.
Under-canopy signs. In addition to any other sign allowed by this code, one
under-canopy sign shall be allowed for each establishment in a shopping center.
This sign shall not exceed six square feet in area and shall be a minimum of eight
feet above finished grade. Under canopy signs do not require a building permit
unless the sign is equipped with an electrical component.
2.5.5.2.5.5. Signage for automobile service stations:
The followings are the only signs allowed in automobile services stations and
convenience stores with gas pumps.
Window s ns: m,.; .... j .................. ~, ....... , .........~ ........ ,
in section 2.5.6.13 of this code.
An illuminated corporate logo with a maximum area of 12 square feet
shall be allowed on a canopy face which is adjacent to a dedicated street or
highway. Otherwise, accent lighting= and back lighting and accent striping
are is prohibited on canopy structures.
· o-e ..... }- .......... , .......... o One (1) ground sign shall be
permitted for each site and shall be placed within a 200 square foot
landscaped area. Height is limited so that the top edge of the sign face is
less than eight feet above grade. Maximum permitted area vA) 60 square
feet.
I4htmi4aaled-s Signage, logos, advertising and information are prohibited
above gas pumps.
o
Wall signs: As allowed in section 2.5.5.2.5.2. of this code.
o
Signs: As allowed in section 2.5.6.2. of this code.
2.5.5.2.5.8.1. Political signs. Political campaign signs and posters shall be permitted silbject to
the following requirements:
Prior to the erection, installing, placing, or displaying of a political sign a
bulk temporary permit shall be obtained. The permit number shall appear
on every sign or on the pole supporting the sign. The fee for said bulk
permit shall be as adopted by resolution by the board of county
commissioners. A cash bond in the amount of $500.00 shall be posted
Words struck through are deleted, words underlined are added.
13
with the Collier County Community Development and Environmental
Services Division to insure adequate clean up and removal of all political
signs installed under the said permit. This bond is not intended to replace
the applicant's responsibility to remove all political signs installed under
the said permit. The Collier County Community Development and
Environmental Services Division shall return such bond to the permitee if
all signs for the candidate or the issue for which the permit was issued are
removed within seven days after the election. In the case of non-
compliance with the requirements of this code the bond will be fbrfeited.
Political campaign signs or posters within residentially zoned or used
property shall not exceed four square feet in size, and shall not be located
closer than five feet to any property line. Political signs placed within
residential districts shall require written permission from the property
owner.
Political campaign signs or posters will be permitted in all other zoning
districts within a maximum copy area of 40 32 .square feet per sign, and
shall be located no closer than 4-5 10 feet to any property line. The number
of such signs shall be limited to one two, signs for each lot or parcel per
bulk permit issued for each candidate or issue.
All supports shall be securely built, constructed and erected to conform
with the requirements of this code.
o
The maximum height of any political campaign sign or poster, except
those that may be affixed to a wall, shall be limited to eight feet.
Political signs shall be erected not more than 60 45 calendar days prior to
an election or political event, and shall be removed within seven calendar
days after the election, event, or after the campaign issue has been
decided.
2.5.5.2.5.8.3. Special events signs. A special events sign not exceeding 32 square feet in size
may be displayed to announce or advertise such temporary uses as fairs, carnivals,
circuses, revivals, sporting events, or any public, charitable, educational event.
Such sign shall be located no closer than -1-5 10 feet to any property line. Such
signs shall require a building permit. Special event signs shall be erected not
more than 15 calendar days prior to the advertised event and shall be removed
within seven calendar days after the event has taken place.
2.5.5.2.9.
Special purpose signs (on-site). Due to the unique and varied nature of the
following uses, additional signs may be required to provide the desired level of
service to the public. Special purpose signs shall be permitted as follows:
2.5.5.2.5.9.1.
Time and temperature signs. One time and temperature sign having a surface area
not exceeding 12 square feet shall be permitted at each industrial, commercial or
other non-residentially zoned property. Such signs may be affixed to the' structure
of a pole or ground sign. Such sign shall require a building permit.
2.5.5.2.5.10.
Commercial, business park and industrial directional or identification signs.
Directional or identification signs no greater than six square feet in size, four feet
in height, and located internal to the subdivision or development and with a
minimum setback of 1_9_0 -1-5 feet, may be allowed subject to the approval of the
community development and environmental services administrator, or his
designee. Such sign shall only be used to identify the location or direction of
approved uses such as sales centers, information centers, or the individual
components of the development;_. Ddirectional or identification signs
maintaining a common architectural theme may be combined into a single sign
not to exceed six feet in height and 64 square feet in area. Such signs shall require
a building permit. For signage to be located along the Golden Gate Parkway, see
division 2.2, sections 2.2.21.1 and 2.2.21.6.2 and the Golden Gate Master Plan.
Words struc!: t?.reugk are deleted, words underlined are added.
14
Log,% ' Logos
shall not occupy more than 20 percent of the directional sign area when the said
sign is more than six square feet in area. Directional signs are also subject to
restrictions of section 2.5.6.2. of this code.
2.5.5.2.5.11.
On-premise signs within agricultural districts in the rural agricultural area
designated on the future land use map o_f the growth management plan . On-
premises signs shall be permitted within agriculturally zoned or used property, for
agri-commercial uses defined within the Collier County zoning ordinance only,
and subject to the following restrictions:
2.5.5.2.5.11.1.
One pole or ground sign identifying the farm organization, located at the entrance
or gate of each street frontage, and only for permitted agricultural uses. The
maximum allowable sign area for each pole or ground sign shall not exceed 100
square feet with a maximum height of 20 feet, and shall be located a minimum of
15 feet from any property lines, public or private right-of-way or easement.
2.5.5.2.5.11.1.1. On premise signs within agricultural zoned districts in the urban area shall
comply with the requirements of section 2.5.5.2. of the land development code.
2.5.5.2.5.11.2.
Seasonal farm signs (on-site). One temporary pole-or ground sign, with a
maximum height of 10 feet, and located a minimum of 10 feet from any property
line, public or private right-of-way or easement, identifying the farm, farm
organization, entrance, or gate not exceeding 40 32 square feet in area. This sign
shall be used to identify temporary agricultural offices so as to expedite the
exportation of crops to various parts of the county. Such signs shall be permitted
for a period not to exceed 30 days and may be issued only twice in any calendar
year. Such signs shall require a building permit.
2.5.5.2.5.11.3. U-Pic signs. One U-Pic sign located at the entrance on each street frontage. The
maximum allowable sign area for each U-Pic sign shall not exceed 32 square feet
in area and a maximum height of 10 feet, and shall be located a minimum of-l-5
10 feet from any property line, public or private right-of-way or easement.
2.5.5.2.5.11.4.
Wall, mansard canopy or awning signs within agricultural districts. Wall,
mansard, canopy or awning signs shall be permitted within agriculturally zoned or
used property, for agri-commercial uses defined within the Collier County zoning
ordinance only, and subject to the following restrictions:
One wall or mansard, canopy or awning sign shall be permitted for each
principal use structure on the parcel. Corner parcels or double-frontage
parcels shall be allowed one sign per street frontage, but such signs shall
not be combined for the purpose of placing the combined area on one wall.
The maximum allowable display area for any sign shall not be more than
20 percent of the total square footage of the wall to which it is affixed, and
shall not in any case exceed 250 square feet in area per sign.
2.5.5.2.5.12.
Off-premises directional signs. Off-premises directional signs are permitted
subject to review and approval of the design and location of such signs by the
community development and environmental services administrator, or his
designee, if the following requirements are met:
Off-premises directional signs shall only be permitted in nonresidentially
zoned, or agricultural districts.
No more than two one sided or one double sided off-premise directional
signs shall be permitted, identifying the location and nature of a building,
structure, or use which is not visible from the arterial roadway serving
such building, structure, or uses, provided:
& a_. Each sign is not more than 12 square feet in area.
Words struck thrzugh are deleted, words underlined are added.
15
The sign is not more than eight feet in height above the lowest
center grade of the arterial roadway.
-3. c_. The sign is located no closer than 4-5 10 feet to any property line.
4. d.
The applicant must submit with the permit application notarized,
written permission from the property owner where the off-site sign
is located.
The sign shall only be located within 1,000 feet of the intersection
of the arterial roadway serving the building, structure, or use.
Off-premises directional signs shall not be located closer than 50 feet from
a residentially zoned district.
4. Off-premises directional signs shall not be located closer than 100 feet
from another off-premises directional sign.
Sec. 2.5.6. Signs exempt from permitting.
In addition to those signs identified elsewhere in this code, the following signs are
exempt from the permit requirements of this code, and shall be permitted in all
districts subject to the limitations set forth below:
2.5.6.1.
Signs required to be maintained or posted by law or governmental order, rule, or
regulation.
2.5.6.2.
On-premises directional signs, not exceeding six square feet in area and four feet
in height, intended to facilitate the movement of pedestrians and vehicles within
the site upon which such signs are posted. On-premises directional signs shall be
limited to two at each vehicle access point and a maximum of four internal to the
development. Internal signs are not intended to be readily visible from the road.
Directional signs are also subject to restrictions of section 2.5.5.2.5.10. of this
code.
2.5.6.3.
One identification sign, professional nameplate, or occupational sign for each
professional office, or business establishment not to exceed two square feet in sign
area and placed flush against a building face or mailbox side, and denoting only
the name of the occupant and, at the occupant's election, the occupant's profession
or specialty and/or the street address of the premise.
2.5.6.4.
Memorial plaques, cornerstones, historical tablets, and similar types of
commemorative signs when cut into any masonry surface or when constructed of
bronze or other noncombustible materials.
2.5.6.5.
"No Trespassing," "No Dumping," or other prohibitory or safety type signs,
provided each sign does not exceed three square feet in size.
2.5.6.6.
One ground or wall "For Sale," "For Rent," or similar sign per street frontage for
each parcel, or lot less than ten acres in size.
2.5.6.7.
One on-premises sign for model homes, approved in conjunction with a
temporary use permit in any zoning district.
2.5.6.8.
One on-premises open house sign not to exceed four square feet in size. Such sign
shall not be located within -1-5 10 feet of any property line, right-of-way or access
easement.
Words struck through are deleted, words underlined are added.
16
2.5.6.9.
Bulletin boards and identification signs for public, charitable, educational or
religious institutions located on the premises of said institutions and not
exceeding 12 square feet in size.
2.5.6.10.
Signs located on fences or walls surrounding athletic fields, or within sports
arenas, stadiums and the like, not to exceed 32 square feet in size, per sign. Signs
shall be oriented along the fence or wall to face the field(s) or playing area, and
away from any adjacent public or private roads.
2.5.6.11.
Traffic control and safety signs or other municipal, county, state or federal signs,
legal notices, railroad crossing signs, danger signs and such temporary emergency
signs when erected by an appropriate authority.
2.5.6.12.
Window merchandise displays which are changed on a regular basis, meaning no
less frequently than every 30 days.
2.5.6.13.
Non-electrical, non-illuminated and non-reflective Wwindow signs not exceeding
25 percent of each window area.
2.5.6.14.
Signs located at the entrance drive of residences located upon 2.25-acre lots or
greater, displaying the name and address of the resident and not exceeding four
square feet in area.
2.5.6.15.
Flags, or insignias of governmental, religious, charitable, fraternal or other
nonprofit organizations when displayed on property owned by or leased to said
organization. Non-commercial flags that will be flown on a flagpole that does not
exceed 15 feet in height above finished grade or extend more than ten feet from
any building they are attached to, are allowable if the number of flags displayed
does not exceed those described in section 2.5.5.2.3.8 and the flagpoles do not
require a certified design or be sealed by a Florida registered engineer as described
in section 2.5.5.2.3.8.
2.5.6.16.
Advertising and identifying signs located on taxicabs, buses, trailers, trucks, or
vehicle bumpers, provided such sign does not violate section 2.5.7 of this code.
2.5.6.17. Religious displays that do not constitute advertising.
2.5.6.18.
Painting, repainting or cleaning without modifying the existing sign copy or design
of an advertising structure, or changes which are determined by the planning
services director to be less than a substantial improvement.
2.5.6.19.
Copy changes for shopping center, theaters, billboards or marquees that have
routine changes of copy, or are specifically designed for changes of copy.
2.5.6.20.
One ground or wall sign may be used as a construction sign by the general
contractor of the development, within each front yard for each parcel less than ten
acres in size
2.5.6.21. Temporary signs in conjunction with an approved temporary use permit.
Sec. 2.5.7. Prohibited signs.
It shall be unlawful to erect, cause to be erected, maintain or cause to be
maintained, any sign not expressly authorized by, or exempted from this code. The
following signs are expressly prohibited:
2.5.7.1.
Signs which are in violation of the building code or electrical code adopted by
Collier County.
2.5.7.2.
Abandoned signs.
2.5.7.3.
Animated or activated signs, except time and temperature signs.
Words struck through are deleted, words underlined are added.
17
2.5.7.4.
Flashing signs or electronic reader boards.
2.5.7.5.
Rotating signs or displays.
2.5.7.6.
Illuminated signs in any residentially zoned or used district, except residential
identification signs, residential nameplates, and street signs that are illuminated by
soft or muted light. Nonresidential uses within residentially used or zoned districts
by conditional use, PUD ordinance, or as otherwise provided for within the ~
ordinance land development code, shall be allowed the use of illuminated signs,
subject to the approval of the community services administrator or his designee.
2.5.7.7.
Signs located upon, ~vithin, or otherwise encroaching upon county or public rights-
of-way, except as may be permitted under the provisions of Ordinance [No.] 82-
91, as amended, and those erected by a governmental agency or required to be
erected by a governmental agency.
2.5.7.8.
Billboards.
2.5.7.9.
Strip lighted signs.
2.5.7.10.
Neon type signs, except non-exposed neon signs covered with an opaque or
translucent shield which will prevent radiation of direct light, within all
commercial and industrial districts.
2.5.7.11. Roof signs.
2.5.7.12. Portable signs.
2.5.7.13.
Signs which resemble any official sign or marker erected by any governmental
agency, or which by reason of position, shade or color, would conflict with the
proper function of any traffic sign or signal, or be of a size, location, movement,
content, color, or illumination which may be reasonably confused with or
construed as, or conceal, a traffic control device.
2.5.7.14.
Signs, commonly referred to as snipe signs, made of any material whatsoever and
attached in any way to a utility pole, tree, fence post, stake, stick or any other
object located or situated on public or private property, except as otherwise
expressly allowed by, or exempted from this code.
2.5.7.15. Wind signs (except where permitted as part of section 2.5.5 and 2.5.6 of this code).
2.5.7.16.
Any sign which is located adjacent to a county right-of-way within the
unincorporated areas of the county which sign was erected, operated or maintained
without the permit required by section 2.5.12 having been issued by the
community development services administrator or his designee shall be removed
as provided in section 2.5.7. Such signs shall include but are not limited to
structural signs, freestanding signs, [and] signs attached or affixed to structures or
other objects.
2.5.7.17.
Any description or representation, in whatever form, of nudity, sexual conduct, or
sexual excitement, when it:
2.5.7.17.1.
Is patently offensive to contemporary standards in the adult community as a whole
with respect to what is suitable sexual material for minors; and
2.5.7.17.2. Taken as a whole, lacks serious literary, artistic, political, or scientific value.
2.5.7.18. Any sign which Beacon lights.
2.5.7.19. Any sign which t~ emits audible sound, vapor, smoke, or gaseous matter.
Words struck t?~eugk are deleted, words underlined are added.
18
2.5.7.20.
2.5.7.21.
2.5.7.22.
2.5.7.23.
2.5.7.24.
2.5.7.25.
2.5.7.26.
2.5.7.27.
2.5.7.28.
2.5.7.29.
2.5.7.30.
Sec. 2.5.8.
Sec. 2.5.9.
2.5.9.1.
Any sign which O obstructs, conceals, hides, or otherwise obscures from view any
official traffic or government sign, signal, or device.
Any sign which g; employs motion, has visible moving parts, or gives the illusion
of motion (excluding time and temperature signs).
Any sign which t is erected or maintained so as to obstruct any firefighting
equipment, window, door, or opening used as a means of ingress or egress for fire
escape purposes including any opening required for proper light and ventilation.
Any sign which g constitutes a traffic hazard, or detriment to traffic safety by
reason of its size, location, movement, content, coloring, or method of
illumination, or by obstructing or distracting the vision of drivers or pedestrians.
Signs mounted on a vehicle, be it the roof, hood, trunk, bed, and so on, where said
sign is intended to attract or may distract the attention of motorists for the purpose
of advertising a business, product, service, or the like, whether or not said vehicle
is parked, or driven, excluding emergency vehicles, taxi cabs, and delivery
vehicles, where a roof mounted sign does not exceed two square feet. This section
shall not apply to magnetic type signs affixed to or signs painted on a vehicle,
provided said vehicle is used in the course of operation of a business, and which
are not otherwise prohibited by this code. It shall be considered unlawful to park a
vehicle and/or trailer with signs painted, mounted or affixed, on site or sites other
than that at which the firm, product, or service advertised on such signs is offered.
Any sign which l~uses flashing or revolving lights, or contains the words "Stop,"
"Look," "Danger," or any other words, phrase, symbol, or character in such a
manner as to interfere with, mislead, or confuse vehicular traffic.
Any sign which advertises or publicizes an activity not conducted on the premises
upon which the sign is maintained, except as otherwise provided for within this
code.
No sign shall be placed or permitted as a principal use on any property, in any
zoning district except as follows: U-Pic signs, political signs or signs approved by
temporary permit pursuant to the time limitations set forth herein.
Inflatable signs.
Accent lighting as defined in this code.
Illuminated signs, neon or otherwise, installed inside businesses and intended to be
seen from the outside.
Termination of prohibited signs.
All signs expressly prohibited by section 2.5.7. and their supporting structures,
shall be removed within 30 days of notification that the sign is prohibited by the
Collier County Code Enforcement Director, or his designee, or, within 30 days of
the end of the amortization period contained in section 2.5.9. or, in the alternative,
shall be altered so that they no longer violate section 2.5.7. Billboards with an
original cost of $100.00 or more, and which have been legally permitted, shall be
treated as nonconforming signs and removed pursuant to section 2.5.9.3. ·
Nonconforming signs.
Existing signs not expressly prohibited by this code and not conforming to its
provisions shall be regarded as nonconforming signs.
The following signs, and sign structures shall be removed or made to conform to
this code within 90 days from the effective date thereof.
Words struck threugh are deleted, words underlined are added.
19
2.5.9.1.1. Signs made of paper, cloth or other nondurable materials.
2.5.9.1.2. All temporary signs.
2.5.9.1.3. Those signs described in sections 2.5.6.7, 2.5.6.13, 2.5.6.14, 2.5.6.17, and 2.5.6.18.
2.5.9.1.4.
All non-conforming on-premises signs, and sign structures having an original cost
or value of $100.00 or more, and originally built prior to January 1st 1991, which
do not comform to the requirements of the 1991 code and all illuminated and/or
animated signs, neon or otherwise, installed inside commercial establishments and
intended to be seen from the outside may be maintained until February 1 st, 2003, at
which date all such signs must be made to comply with the requirements of this
code or removed, except as provided below:
2.5.9.2.
Nonconforming off-premises signs. All nonconforming off-premises signs, and
sign structures having an original cost or value of $100.00 or more may be
maintained for the longer of the following periods:
2.5.9.2.1.
Two years fromthe date uponwhich the sign became nonconforming under this
ordinance.
2.5.9.2.2.
A period of three to seven years from the effective date of this ordinance,
according to the amortization table below.
Sign Cost/Value
$100.00 to $1.000.00 3
$1,001.00 to $3,000.00 4
$3,001.00 to $10,000.00 5
More than $10,000.00 7
Permitted Years from
Effective Date of
this Amendment
2.5.9.2.3.
Any owner of an off-premises sign who requests an amortization period longer
than two years shall, within one year from the date of enactment of these
regulations, register the sign with the code enforcement director, or his designee.
The following information shall be provided at the time of registration; the cost or
value, whichever is greater, of the sign; the date of erection; or the cost or value
and date of the most recent renovation; a photograph of the sign or signs and their
supporting structure, not less than five inches by seven inches in size; and a
written agreement to remove the sign at or before the expiration of the
amortization period applicable to the sign. The off-premise sign owner's signature
shall be witnessed before a notary public on all requests for extended
amortizations. A registration fee of $50.00 shall be paid at the time of registration.
Sec. 2.5.10. Continuation of nonconforming signs.
Subject to the limitations imposed by section 2.5.9 of this code, a nonconforming
sign may be continued and may shall be maintained in good condition for the
duration of amortization period as required by this code, but shall not be:
2.5.10.1.
Structurally or mechanically extended or altered to further the nonconformity,
except in cases where it has been determined that there exists imminent danger to
the public safety.
Words strucl: thrzugh are deleted, words underlined are added.
20
2.5.10.2.
Repaired or rebuilt when destroyed or damaged to the extent of 50 percent or
more of its replacement value, except in conformity with this code.
2.5.10.3.
A nonconforming permanent on-premises or off-premises sign shall not be
replaced by another nonconforming sign: All non-conformin~ signs shall be
brought into full compliance as part of any future change requiring a building
permit. A permit for routine maintenance or non-structural repairs shall be
exempt from the requirements of this subsection provided the cost of such repairs
does not exceed 50 percent of the replacement cost of the sign. e-~-epcthm
sSubstitution or interchange of letters, on nonconforming signs shall be permitted
through the period of nonconformity established by this code.
2.5.10.4.
Continued in use when any land use to which the sign pertains has ceased for a
period of 90 consecutive days, or has otherwise changed.
2.5.10.5.
Nonconforming status shall not be afforded to any sign erected without the
required permit issued by the county, state, or any federal agency either before or
after the enactment of this code, or to any pre-existing signs which have been
illegally installed, constructed, placed or maintained.
Sec. 2.5.12. Permit applications.
2.5.12.1.
General. Any person wishing to erect, place, rebuild, reconstruct, relocate, alter,
or c-havx-e change the sign copy (see section 2.5.5. for exceptions) of any sign
shall apply for and receive a building permit in accordance with Resolution 91-
642, prior to the commencement of any work. A building permit will be issued by
the community development services administrator, or his designee, provided that
all permit requirements of the code and all other applicable provisions of Collier
County's ordinances and regulations have been met.
2.5.12.2.
Permit fees. A building permit fee shall be collected pursuant to the fee schedule
set forth by resolution.
2.5.12.3.
Form. Every application for a building permit shall be in writing upon forms to be
furnished by the community development and environmental services
administrator, or his designee.
2.5.12.4.
Application contents. In order to obtain a permit to erect, place, rebuild,
reconstruct, relocate, alter or ehav, c--e change the sign copy of any sign under the
provision of this code, an applicant shall submit to the building official a building
permit application which shall set forth in writing a complete description of the
proposed sign including:
2.5.12.4.1.
The name, address and telephone number of the: (a) owner and lessee of the sign
and (b) sign contractor or erector of the sign.
2.5.12.4.2.
The legal description and the street address of the property upon which the sign is
to be erected.
2.5.12.4.3. The dimensions of the sign including height.
2.5.12.4.4. The copy to be placed on the face of the sign.
Words strugk through are deleted, words underlined are added.
21
2.5.12.4.5.
2.5.12.4.6.
2.5.12.4.7.
2.5.12.4.8.
2.5.12.4.9.
2.5.12.5.
2.5.5.2.1.2.
Sec. 2.5.13.
2.5.13.1.
2.5.13.1.1.
2.5.13.1.2.
Other information required in the permit application forms provided by the
community development and environmental services administrator, or his
designee; including two copies of the site plan, elevation drawings of the
proposed sign and identification of the type, height, area and location of all
existing pole signs, ground signs and directory signs on the subject parcel.
Two blueprints or ink drawings, certified by a Florida registered engineer or
architect, of the plans and specifications and method of construction and
attachment to the building or the ground for all pole signs and all projecting signs;
and any ground sign over 32 square feet.
Wall signs, or any separate part thereof, which is to be affixed to a wall shall be
fastened flush with the surface with fasteners which shall have the capacity to
carry the full load of the sign or separate part thereof under wind load conditions
of the approved Collier County Building Code Ordinance [Code § 22-106 et seq.],
Flood Ordinance [Code ch. 62. art. II], and the Coastal Building Zone Ordinance
[Code ch. 22, art. VIII]. Any such sign or separate part thereof which is not
mounted flush with the surface and which weighs more than 20 pounds shall have
a Florida registered engineer design the mounting or fastening system and depict
the system on signed and sealed drawings which shall accompany the permit
application.
If the sign or sign copy is to be illuminated or electronically operated, the
technical means by which this is to be accomplished.
The permit number shall be displayed or affixed at the bottom of the sign face and
shall have the same life expectancy as the sign. Such permit number shall be
clearly legible to a person standing five feet in front of the base of the sign and in
no case shall the permit number be less than one-half inch in size.
Expiration of permit. Building permits shall expire and become null and void if
the work authorized by such permit is not commenced and inspected within six
months from the date of issuance of the permit.
Adherence to the un~fied sign plan: Requests for building permits for permanent
on-premise signs shall adhere to the unified sign plan, which shall be kept on file
in the community development and environmental services division. Requests to
permit a new sign, or to relocate, replace or structurally alter an existing sign shall
be accompanied by a unified sign plan for the building or proiect the sign is
accessory to. Existing permitted signs may remain in place; however, all future
requests for permits, whether for a new sign, or relocation, alteration, or
replacement of an existing sign, shall adhere to the unified sign plan for the
property.
Enforcement.
General. No sign shall hereafter be erected, placed, altered or moved unless in
conformity with this code. All signs located within Collier County shall comply
with the following requirements:
The issuance of a sign permit pursuant to the requirements of this code shall not
permit the construction or maintenance of a sign or structure in violation of an
existing county, state or federal law or regulation.
All signs for which a permit is required shall be subject to inspections by the
county maimge~ administrator or his designee. The county mmmgev-administrator,
or his designee, is hereby authorized to enter upon any property or premises to
ascertain whether the provisions of this code are being adhered to. Such entrance
shall be made during business hours, unless an emergency exists. The county
~administrator, or his designee, may order the removal of any sign that is
not in compliance with the provisions of this code, is improperly maintained, or
which would constitute a hazard to the public health, safety, and welfare.
Words struck t?,~zugh are deleted, words underlined are added.
22
SUBSECTION 3.C. AMENDMENTS TO ZONING ADMINISTRATION AND PROCEDURES
DIVISION
Division 2.7., Zoning Administration and Procedures, of Ordinance 91-102, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
DIVISION 2.7. ZONING ADMINISTRATION AND PROCEDURES
Sec. 2.7.2. Amendment procedures.
2.7.2.3.2.
Notice and public hearing where proposed amendment would change zoning
classification of land and _for conditional uses and variances. In the case of an
application for the rezoning of land, to include rezonings, conditional uses and
variances initiated by other than the board of county commissioners or
amendments to planned unit developments, such provisions shall be enacted or
amended pursuant to the following public notice and hearing requirements by the
planning commission and the board of county commissioners. Rezoning,
conditional use and variance petitions initiated by the board of county
commissioners or its agencies for county owned land shall be subject to these
provisions.
A sign shall be posted at least 15 days prior to the date of the public
hearing by the planning commission. The sign to be posted sha!4-measum
aVteas¢-l--//~ square feet in area and shall contain substantially the following
language and the sign's copy shall utilize the total area of the sign:
PUBLIC HEARING TO REZONE THIS PROPERTY
FROM TO
(or where applicable the following:)
PUBLIC HEAR1NG REQUESTING
CONDITIONAL USE (VARIANCE) APPROVAL
(both to contain the following information:)
TO PERMIT:
DATE:
TIME:
(Sufficiently clear to describe the project)
TO BE HELD IN COMMISSIONERS MEETING ROOM, COLLIER
COUNTY GOVERNMENT CENTER.
The area of the signs shall be as follows:
a. For properties less than one (1) acre in size, the sign shall measure at
least 1 ½ square feet in area.
b. For properties one (1) acre or more in size, the sign shall measure at
least 32 square feet in area.
In the case of signs located on properties less than one (1) acre in size, a
T!,e sign shall be erected by the development services director in full view
Words struck thrzugh are deleted, words underlined are added.
23
of the public on each street side of the subject property, said land t,o ~e
r-e-zoned. Where the property for which vezoai~ approval is sought is
landlocked or for some other reason the signs cannot be posted directly on
the subject property.,_,.'~-~ +~,~ *-~,,. ....... ~,.~,..,.,~,'~ then the sign or signs shall be
erected along the nearest street right-of-way, with an attached notation
indicating generally the distance and direction to the subject property_, fro:
............... v ......... parcel of land.
In the case of signs located on properties one (1) acre or more in size, the
applicant shall be responsible for erecting the required sign(s). A sign shall
be erected in full view of the public on each street upon which the subject
property has frontage. Where the subject property is landlocked, or for
some other reason the signs cannot be posted directly on the property, then
the sign or signs shall be erected along the nearest street right-of-way,
with an attached notation indicating generally the distance and direction to
the subject property. There shall be at least one sign on each external
boundary which fronts upon a street, however, in the case of external
botmdaries along a street with greater frontages than 1320 linear feet,
signs shall be placed equidistant from one another with a maximum
spacing of 1000 linear feet, except that in no case shall the number of
signs along an exterior boundary fronting on a street exceed four signs.
The applicant shall provide evidence to the planning services department
that the sign(s) were erected by furnishing photographs of the sign(s)
showing the date of their erection at least ten (10) days prior to the
scheduled public hearing by the planning commission, whichever has
jurisdiction. The signs shall remain in place until the date of either of the
following occurrences: 1. Final action is taken by the board of county
commissioners or 2. The receipt of written notification by the planning
services department director from the applicant requesting to withdraw the
petition or requesting its indefinite continuance.
The planning commission shall hold one advertised public hearing. Notice
of the time and place of the public hearing by the planning commission
shall be sent at least 15 days in advance of the hearing by mail to the
owner of the subject property or his designated agent or attorney, if any.
Notice of the time and place of the public hearing by the planning
commission shall be advertised in a newspaper of general circulation in
the county at least one time at least 15 days prior to the public hearing.
Where applicable, the notice shall clearly describe the proposed land uses,
applicable development standards, intensity or density in terms of total
floor area of commercial or industrial space and dwelling units per acre for
residential projects, and a description of the institutional or recreational
uses when part of the development strategy. The advertisement shall also
include a location map that identifies the approximate geographic location
of the subject property.
For subject properties located within the urban designated area of the
future land use element of the growth management plan, N notice of the
time and place of the public hearing by the planning commission shall be
sent by the county twice. The first notice shall be sent no less than 30 days
after the receipt of a sufficient application by the planning services
department. The second notice shall be sent at least 15 days in advance of
the hearing. Both notices shall be sent by mail to all owners of property
within 200 500 feet of the property lines of the land for which an approval
Words ....... tF. rough are deleted, words underlined are added.
24
provided, however, that where the land for which the approval ~
~. m ~r~ .... '~-~* is sought is part of, or adjacent to, land owned by the
same person, the 209- 500 - foot distance shall be measured from the
boundaries of the entire ownership or PUD, except that notice need not be
mailed to any property owner located more than one-half mile (2,640 feet)
from the subject property !and or PUD for which rezoning or PUD
.... ,~,; ...... t,, For the purposes of this requirement, the names and
addresses of property owners shall be deemed those appearing on the
latest tax rolls of Collier County and any other persons or entities who
have made a formal request of the county to be notified.
For subiect properties located within areas of the future land use element
of the growth management plan that are not designated urban, all of the
foregoing notice requirements apply, except that written notification must
be sent to all property owners within 1000 linear feet of the subject
property. For the purposes of this requirement, the names and addresses of
property owners shall be deemed those appearing on the latest tax rolls of
Collier County and any other persons or entities who have formally
requested the county to be notified.
Notice of the time and place of the public hearing by the board of county
commissioners shall be advertised in a newspaper of general circulation in
the county at least one time at least 15 days prior to the public hearing.
The clerk to the board of county commissioners shall notify by mail each
real property owner whose land is subject to rezoning, or PUD
amendment, and whose address is known by reference to the latest ad
valorem tax records. The notice shall state the substance of the proposed
ordinance or resolution. Such notice shall be given at least 15 days prior to
the date set for the public hearing, and a copy of such notices shall be kept
available for public inspection during the regular business hours of the
clerk to the board of county commissioners.
8=. 10. The board of county commissioners shall hold one advertised public
hearing on the proposed ordinance or resolution and may, upon the
conclusion of the hearing, immediately adopt the ordinance or resolution.
2.7.2.3.5.
Public participation requirements for rezonings, PUD amendments, conditional
uses, variances or parking exemptions.
Applicants requesting a rezoning, PUD amendment, or conditional use
approval shall conduct at least one public informational meeting after a
pre-application meeting with and prior to submitting a sufficient
application to the planning services department. Written notice of the
meeting shall be sent to all property owners who are required to receive
legal notification from the county pursuant to section 2.7.2.3.2.
Notification shall also be sent to property owners, condominium and civic
associations whose members are impacted by the proposed land use
changes and who have formally requested the county to be notified . A
list of such organizations shall be provided and maintained by the county,
but the applicant shall bear the responsibility of insuring that all parties are
notified. A copy of the list of all parties noticed as required above, and the
date, time, and location of the meeting, shall be furnished to the planning
services department and the office of the board of county commissioners
no less than 10 days prior to the scheduled date of the public informational
meeting. The applicant shall make arrangements for the location of the
Words struck through are deleted, words underlined are added.
25
meeting. The location should be reasonably convenient to those property
owners who are required to receive notice and the facilities shall be of
sufficient size to accommodate expected attendance. The applicant shall
further cause a display advertisement, 'A page, in type no smaller than 18
point and shall not be placed in that portion of the newspaper where legal
notices and classified advertisements appear stating the purpose', location,
and time of the meeting, to be placed within a newspaper of general
circulation in the county at least seven (7) days prior to the public
informational meeting. The Collier County staff planner assigned to
attend the pre-application meeting, or designee, shall also attend the public
informational meeting and shall serve as the facilitator of the meeting,
however, the applicant is expected to make a presentation of how it
intends to develop the subject property. The applicant is required to
audio- or video-tape the proceedings of the meeting and to provide a copy
of same to the planning services department.
Any applicant requesting variance approval or parking exemption
approval shall provide documentation to the planning services department
indicating that property owners within 150 feet of the subiect site have
been advised of the extent and nature of the variance or parking exemption
requested within 30 days of receipt of a letter indicating that the
application is sufficient. Where it has been determined that there is a
property owner, functioning condominium or civic association who has
made formal request of the county to be notified, then the applicant shall
provide written documentation to the planning services department
indicating that such property owner or organization has also been notified
concerning the extent and nature of the variance or parking exemption
requested. The applicant shall provide a written account of the result of
such meeting and shall submit any and all written communications to the
planning services department. A written account of the meeting, the list of
property owners, homeowner or condominium associations notified and
any other written communications shall be submitted to the planning
services department at least two weeks prior to the scheduled date of the
first advertised public hearing.
As a result of mandated meetings with the public, any commitments made
by the applicant shall be reduced to writing and made a part of the record
of the proceedings provided to the planning services department These
written commitments will be made a part of the staff report to the county's
appropriate review and approval bodies and made a part of the
consideration for inclusion in the conditions of approval of any applicable
development approval order.
Sec. 2.7.3. Planned unit development (PUD) procedures.
2.7.3.4
Time limits for approved PUD master plans. In the event that a PUD master plan
is given approval, and the landowner(s) shall:
1
............... e, ...................... , -'" 1-' .................. a. pprov
~*1~, ................... j ..... rp. Ig$1op,~rg.
Wordso+ .... ,.+~ ..... ~
............. s- are deleted, words underlined are added.
26
For residential portions of PUDs, the owner entity shall initiate physical
development of infrastructure improvements, including access roads,
internal roads, sewer and water utilities and any other related
infrastructure, that supports a minimum of fifteen (15) percent of the
designated residential area or areas of the PUD by the third anniversary
date of the PUD approval. An additional fifteen (15) percent of such
infrastructure shall be completed every year thereafter until PUD buildout.
For the non-residential portions of PUDs and commercial and industrial
PUDs the owner entity shall initiate physical development of a minimum
of fifteen (15) percent of authorized floor area when approved on the basis
of a defined amount of floor space, by the third anniversary date of the
PUD approval. In the event the floor area is not the defining intensity
measure, then twenty-five (25) percent of the land area to include some
representative portion of the building space shall be constructed by the
third anniversary of the PUD approval date. The same amount of
development shall be required every year thereafter up to an amount
representing seventy-five (75) percent of authorized buildable area and
floor area. Thereafter the PUD shall be exempt from these sunset
provisions.
The pr,eject developer owner entity shall submit to the development services
director a status report on the progress of development annually ~
**,~ .......... c,~, amnIv,,ro~,y' .... date from the date of the PUD approval by the board of
county commissioners. The singular purpose of the report will be to evaluate
whether or not the project has commenced in earnest in accordance with the
criteria set forth above. PUDs approved prior to October 24, 2001 remain subject
to the PUD five (5) year sunset provision. Amendments made thereafter shall be
subject to the three year provision. PUDs and PUD amendments made thereafter
shall be subject to the three year sunset provision. If in the event of a moratorium
or other action of government that prevents the approval of any final development
order the duration of the suspension of the approval shall not be counted towards
the three year sunset provision.
Sec. 2.7.4. Conditional uses procedures.
2.7.4.3.
Notice andpublic hearing. Notice and public hearing by the planning commission
and the board of zoning appeals shall be as provided for under subsection
2.7.2.3.2., such that the provisions applicable to the board of county
commissioners shall apply to the board of zoning appeals All testimony given
shall be under oath and the action by the planning commission and the board of
.~.,~..~* ...... ,~.,-....~,o..,.,..;~; ..... o zoning appeals shall be quasi-judicial in nature.
Additionally, the requirements of section 2.7.2.3.5. must be met.
Sec. 2.7.5. Variance procedures.
2.7.5.4.
Notice of Planning Commission public hearing. Notice of public hearing before
th P1 i C i i i ' e ann ng omm ss on
Words struck tSrough are deleted, words underlined are added.
27
shall be as provided for under subsection 2.7.2.3.2.
SUBSECTION 3.D. AMENDMENTS TO EXCAVATION DIVISION
Division 3.5. Excavation, of Ordinance 91-102, as amended, the Collier County Land Development
Code, is hereby amended to read as follows:
DIVISION 3.5 EXCAVATION
Sec. 3.5.3. 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 therefor, except as provided
herein.
3.5.3.1
Excavations are defined as the removal of any material to a depth greater than
three feet below the existing grade over any area, or one foot below existing grade
over an area greater than 10,000 square feet.
3.5.3.2
Excavations on undeveloped coastal barriers shall be prohibited, except as
specified in section 3.12.8.3.
Sec. 3.5.4. Exemptions.
The following activities, to the extent specified herein, are exempt from the requirements of this
division, provided that no excavated material is removed off-site, but are subject to c9mpliance
with all other applicable laws and county ordinances:
3.5.4.1
Earth moving in conjunction with any routine maintenance activity which restores
the excavation to the final, and previously excavated, slope and depth
configuration approved by the board, or with the installation of an underground
utility which is to be backfilled. Material generated by such maintenance activity
may be hauled offsite with administrative staff level approval, if so specified in an
approval letter.
3.5.4.2
Foundations of any building or structure, providing the excavation will be
confined to the area of the structure only.
3.5.4.3
Excavations relating to the accessory use of property which by nature are of
limited duration and designed to be filled upon completion, i.e., graves, septic
tanks, swimming pools, fuel storage tanks, etc.
3.5.4.4
The regrading only of any property for aesthetic purposes, including berming or
contouring, that does not create a body of water or affect existing drainage
patterns or remove native vegetation in excess of county standards.
3.5.4.5
Agricultural drainage and irrigation work incidental to agricultural operations (see
subsec. 3.5.5.1.2 for offsite hauling).
Words str'.'-ck through are deleted, words underlined are added.
28
3.5.4.5.1
Excavations incidental to agriculture surface water management and water use
facilities as included in existing South Florida Water Management District
permits. All excavated materials must remain on lands under the same ownership.
Any transportation of materials over public roads is subject to appropriate
transportation impac4 road use fees.
3.5.4.6.
The grading, filling, and moving of earth in conjunction with road construction
within the limits of the right-of-way or construction easement when the
construction plans have been approved by the Collier County or state department
of transportation.
3.5.4.7.
Farm animal watering ponds or excavations located on single-family lots / tracts
where the net property size is two acres or more are exempt from the permitting
procedures contained in this division, but must comply with all the construction
standards of this division. Such exemptions apply only if:
3.5.4.7.1.
Excavation does not exceed one acre in area and 4-3 20 feet in depth.
3.5.4.7.2.
A building permit for the a single-family home must be issued prior to the county
issuing a letter of exemption.
Activities set forth in subsections 3.5.4.1, (except removal of excess material)
3.5.4.2, 3.5.4.3, 3.5.4.5, and 3.5.4.6 do not require letters of exemption. Activities
set forth in subsections 3.5.4.4 and 3.5.4.7 require plans or drawings of the
proposed activity to the engineering plan review department for a formal letter of
exemption.
Sec. 3.5.5. Excavation review procedures.
3.5.5.1.
Types of excavation permits. The permits required by this division shall be issued
by the development services dC, eetov department in accordance with the
procedures set forth herein and shall come under one of the following categories:
3.5.5.1.1.
Private excavations. Private excavations are considered to be an excavation on
non-commercial property where the excavated material is not removed from the
property and where the disturbed surface area at grade does not exceed two acres.
Where more than one excavation is proposed for the same piece of property or
properties under common ownership and the combined disturbed surface area
exceeds two acres, the permits shall not be issued as a private excavation.
3.5.5.1.2.
Commercial excavations. ~ypes I, II, & III (A, B, C,D)) Commercial excavations
are considered to be any excavation wherein the excavated material is removed
from the subject property. Except that up to 4000 cubic yards of excavated
material may be removed from an agriculturally zoned site if the fill is the result
of a legitimate agricultural use as defined in other sections of this code.
For purposes of this section, the following definitions shall apply:
Type I commercial excavation - Located in estates zoning districts with a surface
area less than 3.0 acres with an excavated material volume less than 60,000 cubic
yards.
Type H commercial excavation - Located in estates zoning districts with
dimensions greater than those listed for type I commercial.
T1;pe III,4 commercial excavation - Located in agricultural zoning districts with a
volume less than 100,000 cubic yards.
Words struck through are deleted, words underlined are added.
29
T~;pe III B commercial excavation - Located in agricultural zoning districts with a
volume equal to or greater than 100,000 cubic yards and less than 500,000 cubic
yards.
T1;pe III C commercial excavation - Located in agricultural zoning districts with a
volume equal to or greater than 500,000 cubic yards and less than or equal to
5,000,000 cubic yards.
Type III D commercial excavation - Located in agricultural zoning districts with a
volume greater than 5,000,000 cubic yards.
All approved developments with offsite hauling activities will be considered Type
III B commercial excavations.
The minimum lot size for any Type III commercial excavation shall be 20 acres.
3.5.5.1.3.
Development excavation. Development excavations are considered to be any
excavation located within the boundaries of a planned unit development, or
subdivision development, having approved construction plans (to include SDPs),
or an industrial or commercial project, or where the disturbed area of an
excavation exceeds two acres, but no fill is removed from the subject property for
whatever purpose provided that:
The excavations were clearly defined and detailed as to location, size,
shape, depth, and side slopes during the development's review process
and, if applicable, approved by the board after appropriate public
hearings.
If approved by the board during the rezone and/or preliminary subdivision
plat process, excavated material in an amount up to ten percent (to a
maximum of 20,000 cubic yards) of the total volume excavated may be
removed from the development. Intentions to remove material must be
clearly stated during the development's review and approval process. Tl~e
3.5.5.2.
Issuance of permits.
3.5.5.2.1
Issuance of private and development excavation permits. The development
services director may administratively approve and issue private and development
excavation permits where all of the applicable standards of this division have been
met. When, in his opinion, the standards have not been met, the application shall
be submitted to the environmental advisory board council for recommendation
with ultimate approval or denial required of the board.
3.5.5.2.2.
Issuance of commercial excavation permits. Applications for commercial
excavation permits shall be reviewed by the community development and
environmental servicesd administrator, or his designee, and by the environmental
advisory be, ar~ council for recommendation and approved by the board. When a
request is made to remove surplus fill material from a previously approved
development excavation, the requirement for review by the environmental
advisory ~,v, ar~ council shall be waived, but dependent on haul route and amount
of fill to be hauled, staff may require approval by collier county planning
commission.
3.5.5.3
Notice of meeting. The development services director shall give prior written
notice of the environmental advisory board council meeting, by first class mail, as
noted in section 3.5.6.1.3.4, to all adjacent property owners (within 300 feet of the
property line or within 500 feet of the excavation itselO as determined by
reference to the latest official tax rolls.
Words struck through are deleted, words underlined are added.
30
For Type I and Type II excavations, all owners of existing homes or homes under
construction, (i.e. having broken ground on the date of submittal of the excavation
permit application) within 1 mile of the site along the haul route must be notified
in accordance with subsection 3.5.6.1.3.4, of the code. Such property owners may
request that the item be heard by the board of county commissioners at a public
hearing.
3.5.5.4.
3.5.5.4.1
3.5.5.4.2
3.5.5.4.3
3.5.5.4.4
3.5.5.4.5
3.5.5.4.6
3.5.5.4.7
3.5.5.4.8
3.5.5.5
3.5.5.6
Excavation permit criteria. Approval by the site development review director and
the board shall be granted only upon competent and substantial evidence
submitted by the applicant, that:
The excavation will not interfere with the natural function of any sanitary, storm
or drainage system, or natural iqowage flow way, whether public or private, so as
to create flooding or public health hazards or jeopardize the functions of the
natural resources and environment of Collier County.
Dust or noise generated by the excavation will not cause a violation of any
applicable provisions of article 2 of this code. Rock crushing operations or
material stockpiles that will be adjacent to any existing residential area may
require separate county approval.
The excavation will not adversely affect groundwater levels, water quality,
hydroperiod or surface water flowways. The development services director may
require the applicant to monitor the quality of the water in the excavation and
adjacent ground and surface waters. Under no circumstances shall the excavation
be conducted in such a manner as to violate Collier County or applicable State of
Florida water quality standards.
The excavation will be constructed so as not to cause an apparent safety hazard to
persons or property.
The excavation does not conflict with the growth management plan or land
development regulations adopted pursuant thereto, nor does it conflict with
existing zoning regulations. Special criteria and approval procedures may be
necessary for projects within the Big Cypress Area of Critical State Concern.
In cases where a wetland is no longer capable of performing environmental
functions or providing environmental values or in cases where it is determined
that no reasonable alternative exists other than disrupting a wetland, certain
alterations may be allowed, except as otherwise authorized through previous
county review processes.
Flow of water within and through preserved wetlands shall not be impeded.
Appropriate sediment control devices (hay bales, silt screens, etc.) shall be
employed to prevent sedimentation within the wetland pursuant to the design
requirements of division 3.7. Any building site adjacent to a wetland and elevated
by filling, must employ the same erosion control devices. Fill must be stabilized
usng so , o~ see ~ .... _or muc : ...... =- v ..... s .............. p~,
Other permits required All appropriate state and federal permits or approvals for
work in jurisdictional areas shall be provided to the development services director
prior to issuance of an excavation permit.
The excavation permit shall include authorization to remove vegetation within 20
feet of the lake control contour elevation and for the stockpile area.
Fees and guarantees. Upon community development and environmental services
administrator, or his designee, approval on behalf of the board of county
commissioners, the applicant will, within 60 days of written notification from the
Words arrack through are deleted, words underlined are added.
31
community development and environmental services administrator, pay the
required permit fee, road impae4 use fee if required, and post, if required, the
appropriate performance guarantee, in a format approved by the county attorney.
In addition, the applicant shall provide written proof of payment of road :.mpact
use fees in accordance with section 3.5.9.3, if required.
Failure to pay the fees and post the guarantee, within this time period shall
constitute abandonment of the excavation permit application and will require
complete reapplication and review in accordance with all requirements in effect at
the time of reapplication, with the following exceptions:
3.5.5.6.1.
Upon receipt of an applicant's written request with sufficient justification, as
determined by the development services director, and payment of a time extension
fee, the development services director may, one time only, authorize the extension
of the permit issuance time for up to an additional 60 days.
3.5.5.6.2.
All previously approved excavation permits that have yet to be issued by the
development services director become eligible for the above time extensions upon
the effective date of this division.
3.5.5.7.
Duration of excavation permits.
3.5.5.7.1.
Private excavation and Type I and Type II commercial excavation permits shall
be valid for a period of 12 months from the date of issuance. If the work is not
completed in that time, a second application, with a reapplication fee must be
submitted to the development services director, requesting up to an additional 12
months to complete the excavation. If the development services director finds
sufficient good cause to grant the request, a permit extension will be issued.
3.5.5.7.2.
Commercial Type III and development excavation permits will be of indefinite
duration or until the excavation reaches the limits of the permitted size, provided
the excavating operation remains active in accordance with the requirements of
this division.
Sec. 3.5.6. Application requirements for excavation permits.
3.5.6.1.
Unless otherwise directed, one copy of all required application documents shall be
submitted to the development services director on a form to be supplied by Collier
County. The application shall include, but not be limited to, the following
information:
3.5.6.1.1
The name, address, and telephone number of the applicant or his agent, and, if
known, the excavator.
3.5.6.1.2.
Proof of ownership, legal description and location of the property involved. A
small location map, drawn on 8 ½- inch by 11-inch paper, shall accompany the
application, clearly showing the location of the proposed excavation(s) in relation
to commonly recognized landmarks.
3.5.6.1.3.
A signed ~;.n,;~.
-vv ......... statement provided by the county and completed by the
applicant or his agent which includes:
A statement that he has read this division and agrees to conduct the
excavation in accordance with this division, this code and other county
and state codes and laws.
A statement of the purpose of the excavation and intended use of the
excavated material.
3. Exhibits prepared and sealed by the project's surveyor/engineer showing.
Words st.~ack t~re'ag~ are deleted, words underlined are added.
32
do
eo
The boundaries of the property.
Existing grades on the property.
The level of the mean annual high and low water table with
supporting information relative to how elevations were determined.
The grades which will exist following the completion of the
excavation.
The volume of the excavation as measured from the natural grade.
Easements, existing utilities, roads and setbacks, and zoning.
Drainage and flowways.
Aerial limits of any special site vegetation such as mangrove,
cypress or other wetland species.
For development and all Type III commercial excavations, logs of
soil auger borings with field classification shall be provided, unless
existing recent data is available and provided to the development
services director, for use in determining minimum and maximum
depths and appropriate side slope configurations and evidence of
any confining layers, (this latter to determine if on-site or adjacent
wetlands are "perched.") The depth of the soil auger borings shall
extend to a point at least one foot below the proposed bottom
elevation of the excavation, and shall be of at least the following
density according to size of each excavation; zero to 4.9 acres/two
locations; 5 to 9.9 acres/three locations; 10 acres or more/three
locations plus one for each additional 20 acres or fractional part
thereof.
For private and Type I commercial excavations, two auger borings
or a simple machine excavated hole to a depth of 13 feet below the
wet season water table must be submitted.
For Type I and Type II commercial excavations, the site must be
posted with a notification of the date, time, and location of the
public hearing before the board of county commissioners.
For Type I and Type II commercial excavations, a map of all
existing dwellings and dwellings under construction at the time of
submittal of the application along the haul route, one mile in any
direction, must be submitted along with envelopes having postage
for two ounces and addressed to the owners of those dwellings or
dwellings under construction.
If the project is to be submitted to the environmental advisory ~aard
council, a list of the names and addresses, obtained from the latest official
tax rolls, of all owners or owner associations of property within one-fourth
mile of the excavation or on-site vehicle access route or within 300 feet of
the property lines of the property on which the excavation is to be
performed, whichever is less. The applicant shall also furnish the
development services director with said owners' names and addresses on
preraddressed four-inch by 9 ½-inch envelopes with first class, plus one
additional ounce, postage ready for mailing.
For Type I and Type II excavations, all owners of existing homes or
homes under construction (i.e. having broken ground on the date of
submittal of the application) within one mile of the site along the haul
route must be notified. The petitioner shall submit a list of these
homeowners along with stamped, having 2 ounces worth of first class
postage, pre-addressed envelopes to the community development division,
engineering review department.
Water management plan detailing methods for the conservation of existing
on-site and off-site surface drainage systems and groundwater resources.
Copies of an appropriate surface water management permit and/or water
use permit (dewatering) as required and issued by the South Florida Water
Management District shall be provided to the development services
director prior to commencing the excavation operation.
Words struck t~re,'agh are deleted, words underlined are added.
33
If excavated material will be removed from the property, and unless, due
to site-specific circumstances, the requirement is waived by transportation
ser-¢,c-~ operations director, a traffic and road impact analysis will be
made by the applicant to address the following:
Identifying the project's zone of influence, that is, the distance
from the site that traffic is either generated from or attracted to.
The existing condition of the road system within the excavation
project's zone of influence.
The capacity of the road system within the zone of influence to
handle existing traffic, normal growth in the traffic, and additional
traffic generated from the excavation project in consideration of
the time frame of the traffic generation and the wheel loadings of
such traffic.
The site-specific road work within the zone of influence which are
is necessary prior to the start of the project and which are will be
necessary during the project so as to assure that premature road
failure and/or severe road damage will not occur.
v^~ ..... ~. ,^ r. .... ~.~.~. r.., ,~ ...... *" and Road work to be
undertaken by the applicant to mitigate adverse road impacts along
with confirmation of the security, if applicable, to be provided by
the applicant to assure completion of the identified road work. Any
and all security and/or performance guarantee required in excess of
$100,000.00 as set forth in the road use analysis shall be secured or
guaranteed in accordance with section 3.5.10.
Should there not be concurrence by transportation ser-viees
operations director and the applicant, of about the improvements,
maintenance, performance guarantee and/or other requirements on
the part of both parties based on the road impact analysis, the
permit application along with applicable information shall be
subject to review and recommendation by the ~
~,~,,; ..... r,~,a collier county planning commission followed by
review and action by the board.
The permittee may provide a phasing plan whereby the required
performance guarantee may be reduced provided that security
requirements are met in the first phase. No additional excavation, shall take
place in future phases until either the first phase is completed and
approved by Collier County or additional security requirements are
provided for the future phase(s) of work. Performance guarantees for
platted lakes shall be in an amount equal to the engineer's certified
construction estimate.
3.5.6.3.
If trees are to be removed as a result of the excavating operation, ~
here, re wer!z shall ce, mmence. A simultaneous submittal shall be made to the
environmental staff of the planning services department. Approval by
environmental staff will constitute a permit for removal of the vegetation when
the excavation permit is granted.
Sec. 3.5.7. Construction requirements for the construction of excavations.
All requirements of the South Florida Water Management District, Permit Information Volume
IV, along with the following requirements shall apply to all excavations.
Words sir'ac]: through are deleted, words underlined are added.
34
3.5.7.1.
Setbacks. Excavations shall be located so that the *~ ^c ~,~.1.
,,.}, .......control elevation
contour of the excavation shall adhere to the following minimum setback
requirements:
3.5.7.1.2.
3.5.7.1.3.
3.5.7.2.
3.5.7.2.1.
3.5.7.2.2.
Fifty feet from side, rear, or abutting property lines, except where the excavation
is located in agriculturally or industrially zoned districts abutting a residentially
zoned district, the setback shall be 100 feet from the residentially zoned property.
Exceptions to these setbacks may be granted if the following criteria are met:
installation of proper fencing (minimum 4 feet chain link), berms, walls, or other
engineered protective measures for the portion of the property line within 100 feet
of the lake. The minimum setback from any property line to the control elevation
contour shall be 20 feet.
From jurisdictional wetlands setbacks will be determined using standards set by
SFWMD.
Side slopes. The finished side slopes of the excavated area, expressed as the ratio
of the horizontal distance in feet to one foot of vertical drop, shall be as follows:
A maximum 4.0 to one slope shall be graded from the top--o~,he-bae~ existing
grade to a breakpoint at least three ten feet below the control elevation mea~
annual !ow water level. Below this breakpoint, slopes shall be no steeper than 2.0
to one.
All governing side slopes shall be considered from *~'~ *^~ ~cr,~_~, ,,c fr,,,
~o,,~:,1 ,,~ ,+ ,~:~,: ........ a level 20 feet outside the control elevation contour
of the resulting excavation.
If rock, homogenous to the bottom of the excavation, is encountered at any
elevation above the breakpoint, then the remaining slope below the breakpoint
shall be no steeper than 0.5 to one. If said homogenous rock is encountered below
the breakpoint, then the slope below the breakpoint shall be no steeper than 2.0 to
one to the rock elevation, and no steeper than 0.5 to one from the rock elevation
+~ +1..,~ 1,.,~++~ ~/' +I-, ........ +~,.,~ II' ......... ~ .... .~o~ M..,~I1 +1.,~ th ~[ +,-, .,-,~
~;--;~+~ Io,.o +1~o~ o{~ te~+ 1..,~!0.¥ +1., ...... *,.-,,,ol 1~,,,, ,.,,,+~ 1 .... I fe
,,_~, ............................................................. to ten et
below the control elevation.
3.5.7.2.5.
pu¢oses of this ordin~ce, the littoral zone of a lake in Collier Cowry is defined
as the area of the lake lying in the zone between two feet below WSWT (wet
season water table) to one foot above WSWT. An area of littoral zone equivalent
to 2% of the total area of the lake at control elevation shall be planted with
wetland type vegetation. This littoral planting zone will be at an 8:1 .minimum
side slope.
Littoral planting zones should be adjacent to and waterward of control structures
· ,vlq,~q-possib~ or pipe outlets or inlets and shall be a minimum of 15 feet from any
discharge structure or pipe intake so as not to impede or break flow. The
following criteria shall be the minimum standards in the creation of the littoral
zone.
Words struck tk, ro'agh are deleted, words underlined are added.
35
o
Littoral zones may be moved or consolidated to areas within any lake in
an interconnected lake system at a rate of 1.25 greater than the original
amount.
All Collier County listed prohibited exotics shall be removed as they
occur, manually or with U.S. Environmental Protection Agency approved
herbicides. Cattails shall be removed manually or with U.S.
Environmental Protection Agency approved herbicides when they exceed
ten percent coverage.
At the time of planting: minimum tree height shall be eight feet; minimum
shrub height shall be 24 inches; minimum herbaceous height shall be 12
inches.
An annual monitoring report shall be forwarded to compliance services
environmental staff, until such time as criteria set forth in section
3.5.7.2.5(1) have been satisfied.
3.5.7.3.3.
Over-excavation. In those instances where the excavator over-excavates the
depth of the excavation by more than an average of ten percent, written
justification shall be submitted to the development services director by the
project's surveyor/engineer providing an assessment of the impact of the over-
excavation on the water quality of the excavation. If, upon review of the
assessment statement by the development services director and advisory board
council, the increased depth is found to be unacceptable, the permitte'e shall be
required to fill the excavation to the permitted depth with materials and methods
approved by the development services director. If the depth is deemed acceptable
by the development services director and approved by the environmental advisory
board council, a penalty will be against the permitee for the volume of over-
excavated material. The penalty shall be set by resolution for each additional
cubic yard of excavated material.
3.5.7.5.
Hours of operation. Hours of equipment and blasting operations shall be regulated
by appropriate county ordinance and state laws. Unless otherwise approved by the
development services director, all excavation operations with the exception of
dewatering pumps, which are within 1,000 feet of developed residential property,
shall be limited to operating hours between 7:00 a.m. and 56:00 p.m., Monday
through Saturday. Hours of operation for private and for Type I and Type II
commercial excavations shall be 7:00 a.m. to 5:00 p.m., Monday through Friday.
Additionally, such excavation operations shall be in compliance with any and all
county ordinances which establish operating controls by hours, days, noise level,
or other parameters relating to public health, safety and welfare.
3.5.7.9.
3.5.7.10
Amendments to approved excavations. Substantial changes to any approved
excavation permit, (i.e. changes resulting in an increase of 20% or more in
excavated volume resulting in less than 50,000 additional cubic yards), must be
submitted to project plan review for review and approval, with such approval
granted in writing prior to commencement of any proposed change. Failure to
comply with the permit requirements shall be cause for the development services
director to issue stop work orders on all excavation related activities taking place
or planned for the subject property. Insubstantial changes shall not require prior
written approval and shall include reductions in surface area not affecting water
management design quantities of material to be removed. A written description of
proposed insubstantial change, including an illustrated as-built as per the
excavation permit, to any approved excavation shall be submitted in writing to
project plan review and to the development compliance department.
Special requirements for 7~¥pe I and Type H commercial excavations
Words ...... ~' "' ..... h are deleted, words underlined are added.
36
3.5.7.10.1
Type I and Type II commercial excavations will be required to apply for a
conditional use approval for the parcel(s) that the excavation occurs on.
3.5.7.10.2
Conditional uses and excavation permits expire after one (1) year, with a
provision for one (1) additional one year extension upon payment of a renewal
fee.
3.5.7.10.3
Blasting will not be permitted. If test holes show that rock is less than 12 feet
from the original grade, removal methods must receive staff approval.
3.5.7.10.4
Hours of operation for digging and/or offsite hauling will be 7:00 a.m. to 5:00
p.m., Monday through Friday.
3.5.7.10.5
All areas disturbed as a result of fill storage must be seeded and mulched upon
completion of construction. Prior to release of the performance bond, the planted
seed must reach a height of 6 inches. Rye grass is acceptable for this purpose.
3.5.7.10.6 Lake location and size.
For parcels 5.00 acres in size and smaller, the surface of the lake can occupy a
maximum of 40% of the lot area.
For parcels over 5.00 acres up to 10.00 acres, the surface area of the lake can
occupy a maximum of 45% of the lot area.
For parcels over 10.00 acres, the surface area of the lake can occupy a maximum
of 50% of the lot area.
Finished lakes shall be irregularly shaped with no corners less than 40 feet in
radius, and must otherwise conform to subsection 2.8.4.7.1 of the land
development code.
Setbacks less than 50 feet from control elevation contour to property line are
permitted if proper fencing (48 inches high and "childproof") is used. There shall
be no exceptions to the 50 foot front yard setback from the road right-of-way line.
3.5.7.10.7
Depths. Type I and Type II commercial excavations shall not exceed 20 feet in
depth. The minimum depth shall be 12 feet at the middle of the excavation. See
subsection 3.5.7.3.1 for exceptions.
3.5.7.10.8
Sideslopes shall be no steeper than one (1) foot vertical to four (4) feet horizontal
to a depth often (10) feet below control elevation and may be as steep as one (1)
foot vertical to two (2) feet horizontal below that elevation.
3.5.7.10.9
Building envelope. A minimum one (1) acre building envelope is required. The
envelope shall be contiguous, rectangular in shape, and may extend to the
property lines and include setbacks. The minimum dimension of any side of the
rectangle shall be 150 feet.
3.5.7.10.10
Stockpiles. Temporary stockpile areas shall occupy a minimum of one (1) acre.
The stockpile area may occupy the future homesite. Proper erosion control and
sediment measures (meeting NYPDES standards) must be used at the stockpile
site.
3.5.7.10.11. Littoral zone plantings must conform to subsection 3.5.7.2.5.
3.5.7.10.12
Federal and state agency permits. Any excavation in an area containing SFWMD
(Southwest Florida Water Management District), DEP (Department of
Environmental Protection ) zoning district, or USACOE (United States Army
Corps of Engineers) jurisdictional vegetation must obtain a permit from the
applicable agency prior to issuance of the excavation permit.
Words struck through are deleted, words underlined are added.
37
Sec. 3.5.8. Inspection and reporting requirements.
3.5.8.1. Inspection.
3.5.8.1.3.
3.5.8.2.
3.5.8.2.1.
Collier County personnel is are not obligated to carry out a detailed topographic
survey to determine compliance with this division. Upon a finding of violation of
this division or the special conditions of the excavation permit, the development
services director shall advise the permittee in writing by certified letter. The
permittee shall, within 15 days of receipt of such notice, have either the violation
corrected or submit in writing why such correction cannot be accomplished within
the 15-day period. Such written communication shall also state when the violation
is to be corrected. If, in the opinion of the development services director, the
delay in correcting the violation is excessive, he may recommend to the board that
the excavation permit be temporarily suspended or permanently revoked. Upon
correction of the violation, the permittee may be required by the development
services director to have an appropriate report, letter and/or survey, whichever is
applicable, prepared, sealed and submitted to Collier County by the project's
engineer/surveyor. Failure to do so shall be cause for revoking the permit.
Reporting
Status reports. The permittee shall provide the community development and
environmental services administrator, or his designee, with an excavation
activities status report as follows:
Private and T);pe I and Type H commercial excavations. A final status
report within 30 days after the final completion of the excavation.
Development and all Type III commercial excavations. An annual status
report every 12 months over the duration of the permit and a final status
report within 30 days after the final completion of each phase of the
excavation. If a final status report will be filed within four months of the
required annual status report, then the need for the preceding annual status
report shall be waived.
SECTION FOUR: CONFLICT AND SEVERABILITY
In the event this Ordinance conflicts with any other Ordinance of Collier County and other
applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE
The provisions of this Ordinance shall become and be made a part of the Land Development
Code of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to
accomplish such, and the word "ordinance" may be changed to "section", "article", or any other
appropriate word.
Words sir'ac!: t~re'agh are deleted, words underlined are added.
38
SECTION SIX: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this ,~ day of (Q~, 2001.
Attest ii to Ckat~&in's
st~flature
Approved as to Form and Legal Sufficiency:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Marj ori{~l. Student
Assistant County Attorney
I:\ LDC_Panendments\LDC Cycle 2A-SPECIAL - 2001\LDC ORD Cycle SPECIAL_2A-I.doc
Words struck through are deleted, words underlined are added.
39
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2001-60
Which was adopted by the Board of County Commissioners
on the 24th day of October, 2001, during Special Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 31st
day of October, 2001.
Clerk
of
Courts
and .. C,leYrk: .... '....?,.
, , ,- ,~. .. ...'~,-.'.,~ ;
Ex-officio to Board
uouncy Comm~ssioner~ :
By: Ellie Itof fman,
Deputy Clerk