Ordinance 2002-31ORDINANCE NO. 02- 31
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102,
AS AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE, WHICH INCLUDES THE
COMPREHENSIVE REGULATIONS FOR TIlE
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 SPCIFICALLY AMENDING THE FOLLOWING:
ARTICLE 2, ZONING, DIVISION 2.1. GENERAL; DIVISION 2.2.
ZONING DISTRICTS, PERMITTED USES, CONDITIONAL
USES, DIMENSIONAL STANDARDS INCLUDING REVISIONS
TO THE C-1 THROUGH C-5 AND INDUSTRIAL ZONING
DISTRICTS LIST OF PERMITTED AND CONDITIONAL USES;
DIVISION 2.4 LANDSCAPING AND BUFFERING; DIVISION 2.6
SUPPLEMENTAL DISTRICT REGULATIONS; DIVISION 2.7
ZONING ADMINISTRATION AND PROCEDURES; DIVISION
2.8 ARCHITECTURAL AND SITE DESIGN STANDARDS AND
GUIDELINES FOR COMMERCIAL BUILDINGS AND
PROJECTS; DIVISION 3.2 SUBDIVISIONS; DIVISION 3.3 SITE-~!~.~
DEVELOPMENT PLANS; DIVISION 3.13 COASTAL ~:!!:~),
CONSTRUCTION SETBACK LINE VARIANCE; SECTION ~-L':.i ~:2 ~'-~
FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, :.¢::
INCLUSION IN THE COLLIER COUNTY LAND
DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE
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 unless
additional amendment cycles are approved by the Collier County Board of County Commissioners pursuant to
Section 1.19.1., LDC; and
WHEREAS, this is the first amendment to the LDC, Ordinance 91-102, for the calendar year 2002;
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 May 29, 2002, and June 19, 2002~ 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.
1
are deleted, words underlined are added
NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier
County, Florida, that:
SECTION ONE:
RECITALS
The foregoing recitals are true and correct and incorporated by reference herein as if fully set forth.
SECTION TWO: FINDINGS OF FACT
The Board of County Commissioners of Collier County, Florida, hereby makes the following
findings of fact:
1. Collier County, pursuant to Sec. 163.3161, et seq., Fla. Stat., the Florida Local Government
Comprehensive Planning and Land Development Regulations Act (hereinafter the "Act"), is required to prepare
and adopt a Comprehensive Plan.
2. After adoption of the Comprehensive Plan, the Act and in particular Sec. 163-3202(1). Fla.
Stat., mandates that Collier County adopt land development regulations that are consistent with and implement
the adopted comprehensive plan.
3. Sec. 163.3201, Fla. Stat., provides that it is the intent of the Act that the adoption and
enforcement by Collier County of land development regulations for the total unincorporated area shall be' based
on; be related to, and be a means of implementation for, the adopted Comprehensive Plan as required by the
Act.
4. Sec. 163.3194(1)(b), Fla. Stat., requires that all land development regulations enacted or
amended by Collier County be consistent with the adopted Comprehensive Plan, or element or portion thereof,
and any land development regulations existing at the time of adoption which are not consistent with the adopted
Comprehensive Plan, or element or portion thereof, shall be amended so as to be consistent.
5. Sec. 163.3202(3), Fla. Stat., states that the Act shall be construed to encourage the use of
innovative land development regulations.
6. On January 10, 1989, Collier County adopted the Collier County Growth Management Plan
(hereinafter the "Growth Management Plan" or "GMP") as its Comprehensive Plan pursuant to the requirements
of Sec. 1634.3161 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
2
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............ ~ .... ,~ deleted, words underlined are added
public health, safety, comfort, good order, appearance, convenience, and general welfare of Collier County;
prevent the overcrowding of land and avoid the undue concentration of population; facilitate the adequate and
efficient provision of transportation, water, sewerage schools, parks, recreational facilities, housing, and other
requirements and services, conserve, develop, utilize, and protect natural resources within the jurisdiction of
Collier County; and protect human, environmental, social, and economic resources; and maintain through
orderly growth and development, the character and stability of present and future land uses and development in
Collier County.
12. It is the intent of the Board of County Commissioners of Collier County to implement the
Land Development Code in accordance with the provisions of the Collier County Comprehensive Plan, Chapter
125, Fla. Stat., and Chapter 163, Fla. Stat., and through these amendments to the Code.
SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE
SUBSECTION 3.A. AMENDMENTS TO DIVISION 2.1., GENERAL
Division 2.1., General, of Ordinance 91-102, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
DIVISION 2.1 GENERAL
Sec. 2.1.15. Prohibited uses and structures.
SUBSECTION
3.a.
AMENDMENTS TO DIVISION 2.2., ZONING DISTRICTS,
PERMITTED USES, CONDITIONAL USES, DIMENSIONAL
STANDARDS.
Division 2.2., Zoning Districts, Permitted Uses, Conditional Uses, Dimensional
Standards, of Ordinance 91-102, as amended, of the Collier County Land Development Code, is
hereby amended to read as follows:
DIVISION 2.2., ZONING DISTRICTS, PERMITTED USES,
CONDITIONAL USES, DIMENSIONAL STANDARDS
Sec. 2.2.6. Residential multiple-family-12 district (RMF-12).
2.2.6.4.3. Minimum yard requirements.
1. Front yard - Thirty feet.
2. Side yards - One-half of the building height as measured from
'~',~,,~,. ,~,,,,~.~"°~:.,,. ...... v,,,,." the first floor of a structure with a minimum of
15 feet.
3
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Sec. 2.2.7. Residential multiple-family-16 district (RMF-16)
2.2.7.4.3. Minimum yard requirements.
Front yard - One half of the building height as measured from eaeh
~,~r: ...... u ..... :~ Ac ~ ~,~,~, .... the first floor of the structure with a
minimum of 30 feet.
2. Side yards - One-half of the building height as measured from eac-h
~the first floor ora structure with a minimum of 15 feet.
Rear yard - One-half the building height as measured from each
~*~r: ...... " ..... :~ c, fa ~*'"'"* .... the first floor of the structure with a
minimum of 30 feet
Sec. 2.2.12.
2.2.12.1.
(C-1)Commercial professional,..o,.a:o°-:~+.~ ~-~-~,tt' ~x and general office district.
Purpose and intent. The C-1 commercial professional and general office district is
intended to allow a concentration of office type buildings and land uses that are
most compatible with, and located near, residential areas. Most C-1 commercial
professional and general office districts are contiguous to, or when within a PUD
will be placed in close proximity to residential areas, and therefore serve as a
transitional zoning district between residential areas and higher intensity
commercial zoning districts. The types of office uses permitted are those that do
not have high traffic volumes throughout the day, which extend into the evening
hours. They will have morning and evening short-term peak conditions. The
market support for these office uses should be those with a localized basis of
market support as opposed to office functions requiring inter-jurisdictional and
regional market support. Because office functions have significant employment
characteristics, which are compounded when aggregations occur, certain personal
service uses shall be permitted, to provide a convenience to office-based
employment. Such convenience commercial uses shall be made an integral part
of an office building as opposed to the singular use of a building. Housing may
also be a component of this district as provided for through conditional use
approval.
2.2.12.2. Permitted uses. The following uses, as identified with a number from the Standard
Industrial Classification Manual (1987), or as otherwise provided for within this
section, are permitted as of right, or as uses accessory to permitted uses in the C-1
commercial professional district and general office district.--the C-I/T commercial
2.2.12.2.1. Permitted uses.
1. Accounting, auditing and bookkeeping services (8721).
2. Automobile parking (7521) except fzr tc.w in parking lots only.
3. Barber shops (7241), except barber schools.
4. Beauty shops (7231), except beauty schools.
5. Business services (groups 7311, 7313, 7322--7331, 7338, '~'~ ': ~, .,,, ,, 7371, 7372,
7374--7376, 7379).
6. Child day care services (8351).
4
Words ~*-'~' *~' ..... u
............ ~,. are deleted, words underlined are added
78.
Group care facilities (category I and II, except for homeless shelters); care
units, except for homeless shelters; nursing homes; assisted living facilities
pursuant to F.S. § 400.402 and ch. 58A-5 F.A.C.; and continuing care
retirement communities pursuant to F.S. § 651 and ch. 4-193 F.A.C.; all
subject to section 2.6.26.
Offices for engineering, architectural, and surveying services (groups 0781,
8711--8713).
9-10. Health services (8011--8049).
Individual and family social services (8322 activity centers, elderly or
handicapped; adult day care centers; and day care centers, adult and
handicapped only).
114-3. Insurance carriers, agents and brokers (groups 6311--6399, 6411).
12-1-3. Legal services (8111).
13-14. Management and public relations services (groups 8741--8743, 8748).
14-1-5. Miscellaneous personal services (7291, 7299, debt counseling only).
154-7. Nondepository credit institutions (groups 6141--6163).
1648. Photographic studios (7221).
1749. Physical fitness facilities (7991 permitted only when physically integrated
and operated in conjunction with another permitted use in this district - no stand
alone facilities shall be permitted).
18~0. Real estate (groups 6531--6541).
19gt-. Shoe repair shops and shoeshine parlors (7251).
20.
Security and commodity brokers, dealer, exchanges and services (groups
6211-6289).
21.
Transportation services (4724), travel agencies only.
2.2.12.3.
Conditional uses. The following uses are permissible as conditional uses in the
(C-1)commercial professional and general office district/* .... :+:,,~ ,~:~+~:~
r,,_, .,~ rex.~, subject to the standards and procedures established in division 2.7.4.
Automobile parking (7521). garages-automobile parking, parking
structures.
2_:. Churches and other places of worship.
3_-t-. Civic, social and fraternal associations (8641).
4g. Depository institutions (groups 6011--6099).
5
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............ ~ ..... deleted, words underlined are added
109.
~.
12~44.
13 -1-~.
14.
Educational services (8211--8231), except regional libraries.
Homeless shelters, as defined by this Code.
Increased building height to a maximum of 50 feet.
Mixed residential and commercial uses subject to the following criteria:
A site development plan is approved pursuant to division 3.3. that is
designed to protect the character of the residential uses and of the
neighboring lands;
b. The commercial uses in the development may be limited in hours of
operation, size of delivery trucks, and type of equipment;
c. The residential uses are designed so that they are compatible with the
commercial uses;
d. Residential dwelling units are located above principal uses;
e. Residential and commercial uses do not occupy the same floor of a
building;
The number of residential dwelling units shall be controlled by the
dimensional standards of the C-l, C !~ district, together with the specific
requirement that in no instance shall the residential uses exceed 50 percent
of the gross floor area of the building;
g. Building height may not exceed two stories;
Each residential dwelling unit shall contain the following minimum floor
areas: efficiency and one-bedroom, 450 square feet; two-bedroom, 650
square feet; three-bedroom, 900 square feet;
A minimum of 30 percent of the mixed-use development shall be
maintained as open space. The following may be used to satisfy the open
space requirements: areas used to satisfy water management requirements,
landscaped areas, recreation areas, or setback areas not covered with
impervious surface or used for parking (parking lot islands may not be
used unless existing native vegetation is maintained);
The mixed commercial/residential structure shall be designed to enhance
compatibility of the commercial and residential uses through such
measures as, but not limited to, minimizing noise associated with
commercial uses; directing commercial lighting away from residential
units; and separating pedestrian and vehicular accessways and parking
areas from residential units, to the greatest extent possible.
Nursing and personal care facilities (8082).
Funeral service,..,. ~ ~-~ ,~. ..... ,~..,,,,.+~:.,~o~ (7261 except crematofies).
Religious organizations (8661).
Soup kitchens, as defined by this Code.
Veterinarian's office (0742), excluding outdoor kenneling.
Any other commercial or professional use which is comparable in nature
6
Words ~*~'~- +~' ..... ~'
............ e,.. are deleted, words underlined are added
with the foregoing list of permitted uses and consistent with the purpose and intent
statement of the district as determined by the board of zoning appeals.
Sec. 2.2.13. Commercial convenience district (C-2).
2.2.13.1.
Purpose and intent. The purpose and intent of the commercial convenience
district (C-2) is to provide lands where commercial establishments may be located
to provide the small scale shopping and personal needs of the surrounding
residential land uses within convenient travel distance except to the extent that
office type uses and land uses carried forward from the C-1 district will expand
the traditional neighborhood size. However, the intent of this district is that retail
and service uses by be of a nature that can be economically supported by the
immediate residential environs. Therefore, the uses should allow for goods and
services that households require on a daily basis, as opposed to those goods and
services that households seek for the most favorable economic price and therefore
require much larger trade areas. It is intended that the C-2 district implements the
Collier County growth management plan within those areas designated
agricultural/rural; estates neighborhood center district of the Golden Gate Master
Plan; the neighborhood center district of the Immokalee Master Plan; and the
urban mixed use district of the future land use element permitted in accordance
with the iocational criteria for commercial and the goals, objectives and policies
as identified in the future land use element of the Collier County growth
management plan. The maximum density permissible in the commercial
convenience district and the urban mixed use land use designation shall be
guided, in part, by the density rating system contained in the future land use
element of the Collier County growth management plan. The maximum density
permissible or permitted in a district shall not exceed the density permissible
under the density rating system.
2.2.13.2.
Permitted uses. The following uses, as defined with a number from the Standard
Industrial Classification Manual (1987), or as otherwise provided for within this
section, are permitted as of right, or as uses accessory to permitted uses in the C-2
commercial convenience district.
2.2.13.2.1. Permitted uses.
Unless otherwise provided for in this section, all permitted uses and all
conditional uses except increased height and mixed residential and
commercial uses of the C-1 commercial professional a, distr:.ct and general
office district '---~ ~-~ r- ~/-,- ....... :,~ ~^c~:^,~, .... :,:~ ,~:~,..;,..
Apparel and accessory stores with 1800 with square feet or less of gross
floor area in the principal structure (groups 5611--5699).
3. Business services (groups 7311, 7313, 7322--7338, 7261 7371-7379, 7384).
Eating places with 2,800 square feet or less of gross floor area in the
principal structure (5812 except contract feeding, dinner theaters, food
service (institutional), industrial feeding).
Food stores with 2,800 square feet or less of gross floor area in the
principal structure (groups 5411 except supermarkets, 5421--5499).
6. Gasoline service stations (5541 subject to section 2.6.28).
General merchandise stores with 1,800 square feet or less of gross floor
area in the principal structure rq'~,
~..-.. 1 5331 - 5399).
Group care facilities (category I and II, except for homeless shelters); care
units, except for homeless shelters; nursing homes; assisted living facilities
7
Words ~*-'~- *~' ..... h
............ ~,, are deleted, words underlined are added
2.2.13.3.
pursuant to § 400.402 F.S. and ch. 58A-5 F.A.C.; and continuing care
retirement communities pursuant to § 651 F.S. and ch. 4-193 F.A.C.; all
subject to section 2.6.26.
Hardware stores with 1,800 square feet or less of gross floor area in the
principal structure (5251).
10. Health services (groups 8011--8049, 8082).
11
Home furniture, furnishing and equipment stores with 1,800 square feet or
less of gross floor area in the principal structure (groups 5713--5719, 5731--
5736).
12. Libraries (8231) except regional libraries.
13.
Miscellaneous repair services, except aircraft, business and office machines,
large appliances, and white goods such as refrigerators and washing
machines (7629--7631).
14.
Miscellaneous retail services with 1,800 square feet or less of gross floor
area in the principal structure (5912, 5942--5961).
15_6. Paint, glass and wallpaper stores with 1,800 square feet or less of gross floor
area in the principal structure (5231).
16_7.
Personal services with 1,800 square feet or less of gross floor area in the
principal structure (groups 7212, 7215, 7221--7251, no beauty or barber
schools, 7291).
178. Security and commodity brokers, dealer, exchanges and services (groups
6211--6289).
189. United States Postal Service (4311 except major distribution center).
19-20. Veterinary services (0742 excluding outside kenneling).
20-1-. Videotape rental with 1,800 square feet or less of gross floor area in the
principal structure (7841).
'9O
Conditional uses. The following uses are permissible as conditional uses in the
commercial convenience district (C-2), subject to the standards and procedures
established in division 2.7.4.
1, Educational services (8221.8222) except regional libraries.
-1-.2~ Homeless shelters, as defined by this Code.
g.3~ Mixed residential and commercial uses subject to the following criteria:
A site development plan is approved pursuant to division 3.3 that is
designed to protect the character of the residential uses and neighboring
lands;
The commercial uses in the development may be limited in hours of
operation, size of delivery trucks, and type of equipment;
8
Words ~*~'"'~- ,k ..... ~,
............ e,- are deleted, words underlined are added
The residential uses are designed so that they are compatible with the
commercial uses;
d. Residential dwelling units are located above principal uses;
e. Residential and commercial uses do not occupy the same floor of a
building;
The number of residential dwelling units shall be controlled by the
dimensional standards of the C-2 district, together with the specific
requirement that in no instance shall the residential uses exceed 50 percent
of the gross floor area of the building or the density permitted under the
growth management plan;
g. Building height may not exceed two stories;
Each residential dwelling unit shall contain the following minimum floor
areas: efficiency and one-bedroom, 450 square feet; two-bedroom, 650
square feet; three-bedroom, 900 square feet;
The residential dwelling units shall be restricted to occupancy by the
owners or lessees of the commercial units below;
A minimum of 30 percent of the mixed use development shall be
maintained as open space. The following may be used to satisfy the open
space requirements: areas used to satisfy water management requirements;
landscaped areas; recreation areas; or setback areas not covered with
impervious surface or used for parking (parking lot islands may not be
used unless existing native vegetation is maintained);
The mixed commercial/residential structure shall be designed to enhance
compatibility of the commercial and residential uses through such
measures as, but not limited to, minimizing noise associated with
commercial uses; directing commercial lighting away from residential
units; and separating pedestrian and vehicular accessways and parking
areas from residential units, to the greatest extent possible.
4. Permitted personal service, video rental or retail uses with more than 1,800 square
feet of gross floor area in the principal structure.
5. Permitted food service (eating places or food stores) uses with more than 2,800
square feet of gross floor area in the permitted principal structure.
6_$. Soup kitchens, as defined by this Code.
7. Any other convenience commercial use which is comparable in nature with th~-
foregoing list of permitted uses and consistent with purpose and intent statement of the
district, as determined by the board of zoning appeals.
Sec. 2.2.14.
2.2.14.1.
Commercial intermediate district (C-3).
Purpose and intent. The purpose and intent of the commercial intermediate
district (C-3) is to provide for a wider variety of goods and services intended for
areas expected to receive a higher degree of automobile traffic. The type and
variety of goods and services are those that provide an opportunity for comparison
shopping and have a trade area consisting of several neighborhoods and are
preferably located at the intersection of two arterial level streets. Most activity
centers meet this standard. This district is also intended to allow all of the uses
9
Words ~*-'~!~ ,h ..... ~,
............ ~., are deleted, words underlined are added
2.2.14.2.
2.2.14.2.1.
permitted in the C-1 and C-2 zoning districts typically aggregated in planned
shopping centers. This district is not intended to permit wholesaling types of
uses, or land uses that have associated with them the need for outdoor storage of
equipment and merchandise. A mixed-use project containing a residential
component is permitted in this district subject to the criteria established herein.
The C-3 district is permitted in accordance with the locational criteria for
commercial and the goals, objectives and policies as identified in the future land
use element of the Collier County growth management plan. The maximum
density permissible in the commercial intermediate district and the urban mixed
use land use designation shall be guided, in part, by the density rating system
contained in the future land use element of the Collier County growth
management plan. The maximum density permissible or permitted in a district
shall not exceed the density permissible under the density rating system.
Permitted uses. The following uses, as defined with a number from the Standard
Industrial Classification Manual (1987), or as otherwise provided for within this
section, are permitted as of right, or as uses accessory to permitted uses in the
commercial intermediate district (C-3).
Permitted uses.
Unless otherwise provided for in this section, all permitted uses of the C-2
commercial convenience district.
2. Apparel and accessory stores with 5,000 square feet or less of gross floor area
in the principal structure (groups 5611--5699).
3. Auto and home supply stores with 5,000 square feet or less of gross floor area
in the principal structure (5531).
Automotive services (7549) except that this shall not be construed to permit
the activity of "wrecker service (towing) automobiles, road and towing
service."
Business services (groups 7311, 7313, 7322--7338, 7361--7379, 7384, 7389
except auctioneering service, automobile recovery, automobile repossession,
batik work, bottle exchanges, bronzing, cloth cutting, contractors'
disbursement, cosmetic kits, cotton inspection, cotton sampler, directories ..
telephone, drive-away automobile, exhibits-building, filling pressure
containers, field warehousing, fire extinguisher, floats-decoration, folding and
refoiding, gas systems, bottle labeling, liquidation services, metal slitting and
shearing, packaging and labeling, patrol of electric transmission or gas lines,
pipeline or powerline inspection, press clipping service, recording studios.
repossession service, rug binding, salvaging of damaged merchandise, scrap
steel cutting and slitting, shrinking textiles, solvent recovery_, spongin~
textiles, swimming pool cleaning, tape slitting, texture designers, textile '
folding, tobacco sheeting, window trimming, and yacht brokers).
Eating places with 6,000 square feet or less in gross floor area in the principal
structure (5812 only). All establishments engaged in the retail sale of
alcoholic beverages for on-premise consumption are subject to locational
requirements of section 2.6.10.
Food stores with 5,000 square feet or less of gross floor area in the principal
structure (groups 5411--5499).
General merchandise stores with 5,000 square feet or less of gross floor area
in the principal structure (groups 5211 5331-5399).
Group care facilities (category I and II, except for homeless shelters); care
units, except for homeless shelters; nursing homes; assisted living facilities
pursuant to § 400.402 F.S. and ch. 58A-5 F.A.C.; and continuing care
10
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............. e~ .... ,~ deleted, words underlined are added
retirement communities pursuant to § 651 F.S. and ch. 4-193 F.A.C.; all
subject to section 2.6.26.
10. [Reserved.]
11.
Home furniture, furnishing, and equipment stores with 5,000 square feet or
less of gross floor area in the principal structure (groups 5712--5736).
12. Libraries (8231).
13. Marinas (4493), subject to section 2.6.22.
14. Membership organizations (8611--8699).
15.
Miscellaneous repair services (groups 7629-7631, 7699 bicycle repair,
binocular repair, camera repair, key duplicating, lawnmower repair, leather
goods repair, locksmith shop, picture framing, and pocketbook repair only).
16.
Miscellaneous retail with 5,000 square feet or less of gross floor area, except
drug stores (groups 5912--5963 except pawnshops and building materials,
5992--5999 except auction rooms, awning shops, gravestones, hot tubs,
monuments, swimming pools, tombstones and whirlpool baths).
17. Museums and art galleries (8412) art galleries only.
18. Nondepository credit institutions (groups 6111--6163).
19.
Paint, glass and wallpaper stores with 5,000 square feet or less of gross floor
area in the principal structure (5231).
20.
Personal services with 5,000 square feet or less of gross floor area in the
principal structure (groups 7211, 7212, 7215, 7216 nonindustrial dry cleaning
only, 7221--7251, 7291, 7299 babysitting bureaus, clothing rental, costume
rental, dating service, depilatory_ salons, diet workshops, dress suit rental,
electrolysis, genealogical investigation service, and hair removal only).
21. Physical fitness facilities (7991)
21.22. Public administration (groups 9111--9199, 9229, 9311, 9411--9451, 9511--
9532, 9611-9661).
22. 23. Retail nurseries, lawn and garden supply stores with 5,000 square feet or
less of gross floor area in the principal structure (5261).
~--3. 24. Veterinary services (groups 0742, 0752 excluding outside kenneling).
25. Videotape rental with 5,000 square feet or less of gross floor area in the
principal structure (7841).
25. 26. United States Postal Service (4311 except major distribution centers).
26. 27. Any use which was permissible under the prior GRC zoning district and
which was lawfully existing prior to the adoption of this Code.
O'7
2.2.14.3.
Conditional uses. The following uses are permissible as conditional uses in the
commercial intermediate district (C-3), subject to the standards and procedures
established in division 2.7.4.
11
Words ~+~'~- +~- ..... ~-
............ ~,, are deleted, words underlined are added
Amusements and recreation services (groups 7911, 7922 community
theaters only, 7933, -mc,~,..,, 7993, 7999 boat rental, miniature golf course,
bicycle and moped rental, rental of beach chairs and accessories only).
Drinking places (5813) excluding bottle clubs. All establishments engaged
in the retail sale of alcoholic beverages for on-premise consumption are
subject to the locationai requirements of section 2.6.10.
Educational services (8221, 8222)
Homeless shelters, as defined by this Code.
Hospitals (groups 8062--8069).
Justice, public order and safety (groups 9211 9224, 9221, 9222, 9224,
9229).
Social services (8322--8399).
Mixed residential and commercial uses, subject to the following criteria:
A site development plan is approved pursuant to division 3.3 that is
designed to protect the character of the residential uses and
neighboring lands;
The commercial uses in the development may be limited in hours of
operation, size of delivery trucks, and type of equipment;
The residential uses are designed so that they are compatible with the
commercial uses;
d. Residential dwelling units are located above principal uses;
eo
Residential and commercial uses do not occupy the same floor of a
building;
f
The number of residential dwelling units shall be controlled by the
dimensional standards of the C-3 district, together with the specific
requirement that in no instance shall the residential uses exceed 50
percent of the gross floor area of the building or the density
permitted under the growth management plan;
g. Building height may not exceed two stories;
Each residential dwelling unit shall contain the following minimum
floor areas: efficiency and one-bedroom, 450 square feet; two-
bedroom, 650 square feet; three-bedroom, 900 square feet;
The residential dwelling units shall be restricted to occupancy by the
owners or lessees of the commercial units below;
j°
A minimum of 30 percent of the mixed-use development shall be
maintained as open space. The following may be used to satisfy the
open space requirements: areas used to satisfy water management
requirements; landscaped areas; recreation areas; or setback areas
not covered with impervious surface or used for parking (parking lot
islands may not be used unless existing native vegetation is
maintained);
k°
The mixed commercial/residential structure shall be designed to
enhance compatibility of the commercial and residential uses
12
Words ~*~'~- *~' ..... ~'
............. ~,, are deleted, words underlined are added
through such measures as, but not limited to, minimizing noise
associated with commercial uses; directing commercial lighting
away from residential units; and separating pedestrian and vehicular
accessways and parking areas from residential units, to the greatest
extent possible.
98. Motion picture theaters, except drive-in (7832).
10.
11.
Permitted personal services, video rental or retail uses (excluding drug stores
(5912)), with more than 5,000 square feet of gross floor area in the principal
structure.
Permitted food service (eating places) uses with more than 6,000 square feet
of gross floor area in the principal structure.
12__.9.Permitted use with less than 700 square feet gross floor area in the principal
structure.
13-1-0. Soup kitchens, as defined by this Code.
1444-. Vocational schools (8243--8299).
15. Any other intermediate commercial use which is comparable in nature with
the foregoing list of permitted uses and consistent with the permitted uses
and purpose and intent statement of the district, as determined by the board
of zoning appeals.
Sec. 2.2.15. General commercial district (C-4).
2.2.15.1.
Purpose and intent. The general commercial district is intended to provide for
those types of land uses that attract large segments of the population at the same
time by virtue of scale, coupled with the type of activity. The purpose and intent
of the C-4 district is to provide the opportunity for the most diverse types of
commercial activities delivering goods and services, including entertainment and
recreational attractions, at a larger scale then the C-1 through C-3 districts. As
such, all of the uses permitted in the C-1 through C-3 districts are also permitted
in the C-4 district. The outside storage of merchandise and equipment is
prohibited, except to the extent that it is associated with the commercial activity
conducted on site such as but not limited to automobile sales, marine vessels, and
the renting and leasing of equipment. Activity centers are suitable locations for
the uses permitted by the C-4 district because most activity centers are located at
the intersection of arterial roads; therefore the uses in the C-4 district can most be
sustained by the transportation network of major roads. The C-4 district is
permitted in accordance with the locational criteria for commercial and the goals,
objectives and policies as identified in the future land use element of the Collier
County growth management plan. The maximum density permissible or permitted
in a district shall not exceed the density permissible under the density rating
system.
2.2.15.2.
Permitted uses. The following uses, as identified within the Standard Industrial
Classification Manual, or as otherwise provided for within this section, are
permitted as of right, or as uses accessory to permitted uses in the general
commercial district (C-4).
2.2.15.2.1. Permitted uses.
Unless otherwise provided for in this Code, all permitted uses in the C-3
commercial intermediate district.
13
Words ~*~''~' ,n ..... s,
............ r,', are deleted, words underlined are added
Agricultural services (groups 0741 except outdoor kenneling, 0742 except
outdoor kenneling, 0752, except outdoor kenneling-0783 ~
Amusements and recreation services, indoor (groups 7911--7941, 7991--
7993, 7997, 7999), outdoor (7999), including only fishing piers and lakes
operation, houseboat rental, pleasure boat rental, operation of party fishing
boats, canoe rental.
Automotive dealers and gasoline service stations (groups 5511,5531, 5541
with services and repairs as described in section 2.6.28, 5571, 5599 new
vehicles only).
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:
Size of vehicles. Carwashes designed to serve vehicles exceeding a
capacity rating of one ton shall not be allowed.
b. Minimum yards.
1. Front yard setback: 50 feet.
2. Side yard setback: 40 feet.
3. Rear yard setback: 40 feet.
c. Minimum frontage. A carwash shall not be located on a lot with less
than 150 feet of frontage on a dedicated street or highway.
d. Lot size. Minimum 18,000 square feet.
Fence requirements. If a carwash abuts a residential district, a masonry
or equivalent wall constructed with a decorative finish, six feet in
height shall be erected along the lot line opposite the residential district
and the lot lines perpendicular to the lot lines opposite the residential
district for a distance not less than 15 feet. The wall shall be located
within a landscaped buffer as specified in section 2.4.7. All walls shall
be protected by a barrier to prevent vehicles from contacting them.
Architecture. The building shall maintain a consistent architectural
theme along each building facade.
g. Noise. A carwash shall be subject to Ordinance No. 90-17, Collier
County Noise Control Ordinance [Code ch. 54, art. IV].
Washing and polishing. The washing and polishing operations for all
car-washing facilities, including self-service car washing facilities, shall
be enclosed on at least two sides and shall be covered by a roof.
Vacuuming facilities may be located outside the building, but may not
be located in any required yard area.
Hours of operation. Carwashes abutting residential districts shall be
closed from 10:00 p.m. to 7:00 a.m.
Building materials, hardware and garden supplies (groups 5231--5261).
Business services (groups 7311--7352, 7359 except airplane, industrial truck,
portable toilet and oil field equipment renting and leasing, 7361--7297 7381,
except armored car and dog rental, 7382-7389 except auctioneering service,
14
Words o+~
............ ~h are deleted, words underlined are added
10.
automobile recovery, automobile repossession, batik work, bottle exchanges,
bronzing, cloth cutting, contractors' disbursement, cosmetic kits, cotton
inspection, cotton sampler, directories - telephone, drive-away automobile,
exhibits-building, filling pressure containers, field warehousing, fire
extinguisher, floats-decoration, folding and refolding, gas systems, bottle
labeling, liquidation services, metal slitting and shearing, packaging and
labeling, patrol of electric transmission or gas lines, pipeline or powerline
inspection, press clipping service, recording studios, repossession service,
rug binding, salvaging of damaged merchandise, scrap steel cutting and
slitting, shrinking textiles, solvent recovery, sponging textiles, swimming
pool cleaning, tape slitting, texture designers, textile folding, tobacco
sheeting and window trimming service).
Commercial printing (2752, excluding newspapers).
Communications (groups 4812--4841) including communications towers up
to specified height, subject to section 2.6.35.
Eating and drinking establishments (5812, 5813) excluding bottle clubs. All
establishments engaged in the retail sale of alcoholic beverages for on-
premise consumption are subject to the Iocational requirements of section
2.6.10.
11.
Educational services (8221, 8222)
Engineering, accounting, research, management and related services (groups
8711--8748).
13.
14.
18.
19.
20.
21.
15.
16.
17.
Group care facilities (category I and II, except for homeless shelters); care
units, except for homeless shelters; nursing homes; assisted living facilities
pursuant to § 400.402 F.S. and ch. 58A-5 F.A.C.; and continuing care
retirement communities pursuant to § 651 F.S. and ch. 4-193 F.A.C.; all
subject to section 2.6.26.
Health services (groups 8051--8059, 8062-8069, 8071--8072 and 8092--
8099).
Hotels and motels (groups 7011, 7021, 7041 when located within an activity
center).
Marinas (4493, 4499 except canal operation, cargo salvaging, ship
dismantling, lighterage, marine salvaging, marine wrecking, steamship
leasing), subject to section 2.6.22.
Miscellaneous repair services (groups 7622--7641, 7699 except agricultural
equipment repair, awning repair, beer pump coil cleaning and repair,
blacksmith shops, catch basin, septic tank and cesspool cleaning,
coppersmithing, farm machinery repair, fire equipment repair, furnace and
chimney cleaning, industrial truck repair, machinery cleaning, repair of
service station equipment, boiler cleaning, tinsmithing, tractor repair).
Miscellaneous retail (groups 5912-5963, 5992-5999).
Motion picture theaters (7832).
Public or private parks and playgrounds.
Personal services (groups 7215, 7217, 7219, 7261 except crematories, 7291--
7299).
15
Words o,..,.t- ,~, ..... h
............ ~,, are deleted, words underlined are added
2.2.15.3.
22. Real estate (group 6512).
23.
Social services (groups 8322--8399, except for homeless shelters and soup
kitchens).
24. [Reserved.]
25. Vocational schools (groups 8243--8299).
Conditional uses for C-4. The following uses are permitted as conditional uses in the
general commercial district (C-4), subject to the standards and procedures
established in division 2.7.4.
1. Agricultural services (groups 0741--0742, 0752, with outdoor kenneling).
2. Amusement and recreation services, outdoor (groups 7948, 7992, 7996, 7999).
3. Auctioneering services, auction rooms (7389, 5999).
Automotive dealers and gasoline service stations (groups 5521, 5551, 5561,
5599 outdoor display permitted).
5. Automotive rental and leasing, outdoor display permitted (groups 7513, 7519).
Bottle clubs. (All establishments engaged in the retail sale of alcoholic
beverages for the on-premise consumption are subject to the locational
requirements of section 2.6.10.)
7. Fishing, hunting and trapping (groups 0912--0919).
8. Fuel dealers (groups 5983--5989).
9. Homeless shelters, as defined by this Code.
10. Hotels and motels (groups 701 l, 7021, 7041 when located outside an activity
center).
11. Justice, public order and safety (groups ~ 9221, 9222, 9224, 9229).
12. Kiosks.
13. Local and suburban transit (groups 4111--4121, bus stop and van pool stop
only).
14. Motion picture theaters (7833).
15. Communication towers above specified height, subject to section 2.6.35.
16. Permitted use with less than 700 square feet of gross floor area in the principal
structure.
17. Soup kitchens as defined by this Code.
18. Motor freight transportation and warehousing (4225 air conditioned and mini-
and self storage warehousing only).
16
Words ~*~'~' '~ .....~'
............ ~,, are deleted, words underlined are added
19.
Any other general commercial use which is comparable in nature with the
foregoing list of permitted uses and consistent with the permitted uses and
purpose and intent statement of the district, as determined by the board of
zoning appeals.
Sec. 2.2.15 ½.
2.2.15 ½.1.
2.2.15 lA .2.
2.2.15 ½.2.1.
1.
Heavy commercial district (C-5).
Purpose and intent. In addition to the uses provided in the C-4 zoning district, the
heavy commercial district (C-5) allows a range of more intensive commercial
uses and services which are generally those uses that tend to utilize outdoor space
in the conduct of the business. The C-5 district permits heavy commercial
services such as full-service automotive repair, and establishments primarily
engaged in construction and specialized trade activities such as contractor offices,
plumbing, heating and air conditioning services, and similar uses that typically
have a need to store construction associated equipment and supplies within an
enclosed structure or have showrooms displaying the building material for which
they specialize. Outdoor storage yards are permitted with the requirement that
such yards are completely enclosed or opaquely screened. The C-5 district is
permitted in accordance with the locational criteria for commercial and the goals,
objectives and policies as identified in the future land use element of the Collier
County growth management plan.
Permitted uses. The following uses, as identified within [with] a number from the
Standard Industrial Classification Manual (1987), or as otherwise provided for
within this section, are permitted as of right, or as uses accessory to permitted
uses in the heavy commercial district (C-5).
Permitted uses.
Unless otherwise provide for in this section, all permitted uses in the C-4
general commercial district.
Auctioneering/auction houses (groups 7389, 5999).
Automotive dealers and gasoline service stations (groups 5511--5599).
Automotive repair, services and parking (groups 7513--7549), provided that
carwashes abutting residential zoning districts shall be subject to the following
criteria:
Size of vehicles. Carwash designed to serve vehicles exceeding a capacity
rating of one ton shall not be allowed.
b. Minimum yards.
(1) Front yard setback: 50 feet.
(2) Side yard setback: 40 feet.
(3) Rearyard setback: 40 feet.
Minimum frontage. A carwash shall not be located on a lot with less than
150 feet of frontage on a dedicated street or highway.
d. Lot size. Minimum 18,000 square feet.
Fence requirements. If a carwash abuts a residential district, a masonry or
equivalent wall constructed with a decorative finish, six feet in height shall
be erected along the lot line opposite the residential district and the lot
lines perpendicular to the lot lines opposite the residential district for a
17
Words ~*"'"~- *~' ..... ~-
............. .., are deleted, words underlined are added
distance not less than 15 feet. The wall shall be located within a
landscaped buffer as specified in section 2.4.7. All walls shall be protected
by a barrier to prevent vehicles from contacting them.
f.
Architecture. The building shall maintain a consistent architectural theme
along each building facade.
g. Noise. A carwash shall be subject to Ordinance No. 90-17, Collier County
Noise Control Ordinance [Code ch. 54, art. IV].
Washing and polishing. The washing and polishing operations for all car-
washing facilities, including self-service car washing facilities, shall be
enclosed on at least two sides and shall be covered by a roof. Vacuuming
facilities may be located outside the building, but may not be located in
any required yard area.
Hours of operation. Carwashes abutting residential districts shall be closed
from 10:00 p.m. to 7:00 a.m.
5. Building construction--general contractors (groups 1521-- 1542).
6. Building materials (groups 5211--5261).
Business services (groups 7311--7353, 7359,7389 contractors' disbursement,
directories-telephone, recording studios, swimming pool cleaning, and textile
designers only).
8. Construction--special trade contractors (groups 1711--1793, 1796, 1799).
9. Education services (groups 8243--8249).
10. Motor freight transportation and warehousing (4225 mini- and self-storage
warehousing only).
11. Fishing, hunting and trapping (groups 0912- 4 0919).
12. Glass and glazing work (1793).
13-1-3. Crematories (7261).
(g a.~ n~ nnn~ n~n9211,
Justice, public orderand safety roups ......
9221, 9222, 9224, 9229).
15~-1-4. Local and suburban transit (groups 4111--4121).
16__~. Mobile home dealers (5271).
1746. Miscellaneous repair services (groups 7622--7699).
Outdoor storage yard, provided outdoor storage yard not be located closer
than 25 feet to any public street and that such yard shall be completely
enclosed, except for necessary ingress and egress, pursuant to the
requirements of Section 2.2.151/2.6 of this Code. This provision shall not
allow as a permitted or accessory use, wrecking yards, junkyards, or yards
used in whole or part for scrap or salvage operations or for processing,
storage, display, or sales of any scrap, salvage, or secondhand building
materials, junk automotive vehicles, or secondhand automotive vehicle
parts.
19 4-8. Printing, publishing, and allied industries (groups 2711, 2721).
18
Words o*~.~v *~' ..... ~-
............ ~,, are deleted, words underlined are added
20-19. Transportation services (groups 4724---14_729).
2.2.15 ½.3.
Conditional uses for C-5. The following uses are permissible as conditional uses in
the heavy commercial district (C-5), subject to the standards and procedures
established in division 2.7.4.
1. Agricultural services (groups 0741--0742, 0752, with outdoor kenneling).
2. Amusement and recreation services, outdoor (groups 7948, 7992, 7996, 7999).
Bottle clubs. (All establishments engaged in the retail sale of alcoholic
beverages for on-premise consumption are subject to the locational
requirements of section 2.6.10.)
4. Child day care services (8351), provided:
All areas and surfaces readily accessible to children shall be free of toxic
substances and hazardous materials. This shall include all adjacent and
abutting properties lying within 500 feet of the childcare center's nearest
property line.
(1) For purposes of this subsection, the following definitions shall
apply:
(a)
Hazardous materials: A material that has any of the following
propenies~.' ignitable, corrosive, reactive and/or toxic.
(b)
Toxic substances: a substance which is, or is suspected to be,
carcinogenic, mutagenic, teratogenic, or toxic to human beings.
It shall not be located within 500 feet of the nearest property line of land
uses encompassing wholesale storage of gasoline, liquefied petroleum,
gas, oil, or other flammable liquids or gases.
Co
It shall not be located on the same street customarily utilized by
construction truck traffic from asphalt plants and excavation quarries.
It shall have a minimum lot area of 20,000 square feet and a minimum lot
width of 100 feet.
eo
It shall provide a minimum usable open space of not less than 30 percent
of the total square footage of the lot area.
It shall provide that all open spaces to be used by children will be
bounded by a fence of not less than five feet in height, to be constructed
of wood, masonry or other approved material.
g. It shall provide a landscape buffer in accordance with division 2.4.
It shall comply with the State of Florida Department of Health and
Rehabilitative Services Child Day Care Standards, Florida Administrative
Code, chapter 10M-12, effective March 11, 1986.
Where a child care center is proposed in conjunction with, and on the
same parcel as, a facility which is a permitted use, the requirements set
forth in subparagraphs a through h above, with the exceptions of
subparagraphs d and e, shall be used to provide the protections to
19
Words ~*'~'~'~- *~- ..... h
............ ~,., are deleted, words underlined are added
children using the child care center intended by this section consistent
with the development of the proposed permitted use.
5. Communications (groups 4812--4841) with communications towers that
exceed specified height, subject to section 2.6.35.
6. Farm product raw materials (groups 5153--5159).
7. Fuel dealers (groups 5983--5989).
8. Homeless shelters, as defined by this Code.
9. Hotels and motels (groups 7011, 7021, 7041 when located outside an activity
center.)
10. Justice, public order and safety (groups 9223--92-~ )
11. Kiosks.
12. Local and suburban passenger transportation (groups 4131--4173).
13. Motion picture theaters (7833, drive-ins).
14. Permitted uses with less than 700 square feet of gross floor area in the
principal structure.
15. Soup kitchens, as defined by this Code.
16. Transfer stations (4212, local refuse collection and transportation only
17. Any other heavy commercial use which is comparable in nature with the,
foregoing list of permitted uses and consistent with the purpose and intent
statement of the district, as determined by the board of zoning appeals
Sec. 2.2.16. Industrial district (I).
2.2.16.2.1.1. Permitted uses.
10. Crematories (7261)
(Renumber remaining list of uses)
2.2.16.2.2.
Uses accessory to permitted uses.
1. Uses and structures that are accessory and incidental to uses permitted as
of right in the I district.
Caretaker's residence, subject to section 2.6.16.
Retail sales and/or display areas as accessory to the principal use,
excluding automotive sales and/or display areas, not to exceed an area
greater than 20 percent of the gross floor area of the permitted principal
20
Words ,gtrack through are deleted, words underlined are added
use, and subject to retail standards for landscaping, parking and open
space.
Recreational vehicle campground and ancillary support facilities when in
conjunction with temporary special event activities such as air shows and
the like.
2.2.16.3.
Conditional uses. The following uses are permitted as conditional uses in
the industrial district (I), subject to the standards and procedures established in
division 2.7.4:
23.
Any other industrial use which is comparable in nature with the foregoing list
of permitted uses and consistent with the purpose and intent statement of the
district, as determined by the board of zoning appeals
Sec. 2.2.20. Planned unit development district.
Sec. 2.2.20.2. General.
2.2.20.2.1. Relation of planned unit development regulations to the growth management
plan, zoning, subdivision, or other applicable regulations. All application for PUDs shall
be in full compliance with the future land uses element and the goals, objectives, and
policies of all elements of the growth management plan. Proposed PUD developments
shall demonstrate consistency with "Smart Growth" principles as adopted in the most
recent policy guide on smart growth by the American Planning Association (APA). Ail
development regulations, including overlay districts or special development standards for
specific land use types, or the like, supplemental regulations and other applicable
provisions of all county ordinances such as, but not limited to, all provisions of the
Collier County land development code, as may be amended, shall apply unless
specifically modified by the approved PUD document and PUD master plan. Where the
application for a PUD proposes to modify any of the regulations set forth in the land
development code, the application, the PUD document and the PUD master plan shall
specifically identify the code section number, the specific regulation and the proposed
modification to such regulation, in a standard format established by the planning service.,:.
director.
Sec. 2.2.21.
Corridor management overlay district (CMO); special regulations for
properties abutting Golden Gate Parkway west of Santa Barbara
Boulevard and Goodlette-Frank Road south of Pine Ridge Road.
2.2.21.5. Landscaping.
2.2.21.5.1. Goodlette-Frank Road.
!
Tree plantings shall consist of canopy trees with a minimum canopy spread of
five feet and height of ten feet at the time of planting. Trees mus-~ .shall be placed
every 30 feet in landscaped areas.
3,. 2~ Palm trees may not be substituted for canopy trees.
21
Words o0 ....~. ,k ..... ~.
............. ~., are deleted, words underlined are added
4:.3_.
Landscape designs shall incorporate the use of xeriscape plant materials species
as listed in the Xeriscape Plant Guide published by the South Florida Water
Management District.
Sec. 2.2.24.
Special treatment overlay district (ST); special regulations for areas
of environmental sensitivity and lands and structures of historical
and/or archaeological significance and the Big Cypress Area of
Critical State Concern.
2.2.24.8
Exceptions from public hearing requirements.
The development services director may administratively approve a site alteration plan or
site development plan for land designated ST without the public hearing otherwise.
required by this section if:
......................... ~ ........ and tThe_ area of the proposed alteration
or development area~om4das is ~O five (5) acres or less in gross area; and
· ;&crc there are no transfer of development rights ar-e-involved, t~e
~:.~,~.. ~.~1, ~.~ e...~:.~. ,~+ and the following conditions, where
applicable, exist:
The proposed site alteration or site development will occur on land
that was lawfully cleared and no more than ten percent of the
cleared lands have re-grown with native vegetation. ''~
Where the proposed alteration or development involves a sSingle-
family principal structure or the renovation or replacement of a
single-family structure andwhere-the proposed site alteration or site
development plan will not require any significant modification of
topography, drainage, flora, or fauna on the site, ar --..'here the
~tructure. s"Significant modification" shall mean modification
greater than ten fit~een percent of the site.
No pollutants will be discharged from the area that will degrade
the air, water or soil below the levels existing at the time of
application.
Water management berms and structures proposed for the
protection and/or enhancement of the ST area:, are c,f will meet the
minimum dimensions permitted approved by the South Florida
Water Management District.
Temporary site alteration for Ooil and gas geophysical surveys and
testing. "Temporary site'_' alteration shall mean only those alterations
involving hand cutting of vegetation for surveys and equipment entry,
shot holes not exceeding six inches in diameter and rutting associated with
vehicle access. Trimming of vegetation for access routes shall be kept to
the minimum width necessary for surveying and testing. The site shall be
restored as required by federal, state and county permits within 90- days
of the start of the project.
Where a conditional use has been approved, along with an environmental
impact statement (EIS) or an exemption from the requirement for an EIS
has been granted pursuant to section 3.8.9. of this code.
22
Words str'..'ck through are deleted, words underlined are added
Site alteration or site development around existing communication towers
to expand or construct accessory structures associated with an already
existing tower, not to exceed five acres.
All other site alteration or site development plan approvals of any size shall be as
required to comply with the provisions in sections 2.2.24.4, 2.2.24.5, and 2.2.24.6., as
applicable.
Sec. 2.2.28. Immokalee Overlay Districts.
2.2.28.1.
Purpose and intent: To create the Immokalee Overlay District with distinct
sub-districts for the purpose of establishing development criteria suitable for
the unique land use needs of the Immokalee Community.
2.2.28.2.1 Murals. Murals in the Immokalee Overlay District and its sub-districts are
intended to support and promote community-based cleanup and other architectural and
aesthetic improvement efforts in the Immokalee Community as set forth below:
1. For the purposes of section 2.2.28, "murals" are defined as paintings or
other artistic depictions directly affixed to, and that do not project more than four
(4) inches from, a building wall.
2. Applications for approval of murals shall be submitted to the community
development and environmental services division. A scale rendering of the mural
in full color, as it will appear on the building, shall accompany applications. Prior
to final action on the application, the staff will obtain a recommendation by the
mural review committee.
3. The board of county commissioners shall appoint a mural review
committee for purposes of reviewing and making recommendations regarding the
proposed murals. The committee shall develop criteria for reviewing mur_a.I
applications.
4. All applications for approval of murals shall receive approval of the mural
review committee.
a. Murals affixed to existing structures require submittal ora site
improvement plan application or an insubstantial change to site
development plan application. Such applications shall be exempt from the
applicable application fees.
b. Murals affixed to new structures require application for approval
of mural as part of a site development plan application. Murals that are
part of a site development plan application ar~ shall not be exempt from
the applicable application fees.
Notwithstanding the definition of"signs" elsewhere in this code, murals
depicting the history, culture, or natural environment of the Immokaleo.
Community that do not have any commercial message or advertisement
are not signs, and therefore, the creation, display, or maintenance of such
murals does not require a sign permit, but does, require the
recommendation of the mural review committee.
2.2.28.5.3. Permitted Uses: All permitted uses within the underlying zoning districts, and
the following uses, as identified in the Standard Industrial Classification Manual (1987),
are permitted as a fight in this sub-district.
23
Words stmc!; through are deleted, words underlined are added
1. Agricultural Services (0723)
2. Wholesale Trade (5148)
3. Agricultural Outdoor Sales
4. Petroleum Bulk Stations and Terminals (5171) and Petroleum and Petroleum
Products Wholesalers, (5172 - gasoline: buying in bulk and selling to farmers
wholesale only) provided:
a. Separation requirements: There shall be a minimum distance of 500 feet,
shortest airline measurement, between the nearest points on any lot or parcel
of land containing such proposed operations, and any lot or parcel which is
already occupied by such operation, or for which a building permit has been
issued.
b. Waiver of separation requirements: The board of zoning appeals may by
resolution grant a waiver of part or all of the minimum separation
requirements set forth above pursuant to section 2.6.28.4. of this code
c. Separation from residentially ~oned lands: There shall be a minimum
distance of 500 feet, shortest airline measurement, from all residentially
zoned land.
d. Maximum lot area: Two (2) acres.
SUBSECTION 3.C. AMENDMENTS TO DIVISION 2.4., LANDSCAPING AND
BUFFERING.
Division 2.4, Landscaping and Buffering, of Ordinance 91-102, as amended, the
Collier County Code, is hereby amended to read as follows:
DIVISION 2.4. LANDSCAPING AND BUFFERING
Sec. 2.4.4. Plant material standards and installation standards.
2.4.4.1 I. Prohibited species. The following plant species shall not be planted:
2.4.4.11.1. Enterolobium cyclocarpum (ear tree).
2.4.4.11.2. Melia azedarach (Chinaberry tree).
2.4.4.11.3. Bischofia javanica (bishopwood).
2.4.4.11.4. Scaevola frutescens (Australian inkberry).
2.4.4.11.5. Dalbergia sissoo (Indian rosewood).
2.4.4.11.6. Sapium sebiferum (Chinese tallow tree).
2.4.4.11.7. Ardisia elliptica (shoe button ardisia).
2.4.4.11.8. Ficus mlcrc, ca~ac microcarpa/Ficus nitida (laurel fig/Cuban laurel).
This list shall be subject to revision as exotic plant species are determined to be noxious,
invasive, cause environmental degradation to native habitats, or to be detrimental to
human health, safety, or the public welfare.
SUBSECTION 3. D. AMENDMENTS TO DIVISION 2.6. SUPPLEMENTAL
DISTRICT REGULATIONS.
24
Words ~* .... ~ ~' .....
............. ~h are deleted, words underlined are added
Division 2.6, Supplemental District Regulations, of Ordinance 91-102, as
amended, the Collier County Land Development Code, is hereby amended to read as
follows:
DIVISION 2.6. SUPPLEMENTAL DISTRICT REGULATIONS
Essential Services.
2.6.9.1
.Permitted uses. The following uses are allowed as aha!: be deemed permitted
uses:
in may every zoning district: water lines, sewer lines, gas lines, telephone lines,
telephone switching stations, cable television, electrical transmission and
distribution lines, substations, emergency power structures, sewage lift stations,
water pumping stations; essential service wells (.including extraction facilities, and
requisite ancillary facilities,) and any other wells which have been or will be
permitted by the South Florida Water Management District or the Florida
department of environmental protection either prior to or subsequent to the
effective date of this ordinance, or if the respective well and/or well related
facility is otherwise required to be installed or constructed by law; in every_ zoning
district: individual private wells and septic tanks, and similar installations
necessary for the performance of these services. If any proposed well is a Collier
County owned well under the permitting jurisdiction of a Florida agency, staff,
early in the county's well permit application process, shall post sign(s) at the
county's proposed well site(s) and shall provide written notice that the county has
applied for a required well permit to property owners within 300 feet of the
property lines of the lots or parcels of land on which the applied-for well is being
sought by the county, including, if applicable, the times and places of the
permitting agency's scheduled public hearings;
in commercial and industrially zoned districts: other Ggovernmental facilities, as
d fi d by thi C d ~s.~ s. ..... :,,,~a ..... : ........ :~ ~.~ :~a..~,..:~ d
e ne s o e, ~,,,, .... v,~ ..... ,,,,,, ,,o,~o ,- ,,,, ...... ,~,,,,,,. ,, ...... ,,,, ...... zone
district~, to the extent the facility and/or service is required by law, rule or
regulation;
in the agricultural and estate zoned districts the following governmental facilities:
nonresidential not-for-profit child care, nonresidential education facilities,
libraries, museums, neighborhood parks_, and recreational service facilities;
in residentially zoned districts: neighborhood parks:
2.6.9.2.Conditional uses. The following uses :hal! be deemed require approval pursuant
to section 2.7.5. as conditional uses_:
a_. in any-every zoning district: electric or gas generating plants, effluent tanks,
major re-pump stations, sewage treatment plants including percolation ponds,
hospitals, hospices, water aeration or treatment plants, governmental facilities;
b_:. in residential, agricultural and estate zoned districts, except as otherwise specified
sec on 2.6.9.1.:
~ regional parks, community parks, safety service facilities, and other
similar facilitiesL=
2.6.35.7. Alligator Alley communication towers.
(6)
25
Words ~"~'"~-
............. ~., are deleted, words underlined are added
-..,,.,, ,..,, ,---,-..o ..-,- v.,.,,,.,~,.. -.,--, ,-, ~,,-,,..,, o,.-,,,~ ~,.,,,,.,,..'ns. a e as
required by section 2.4.6.4, of this code.
SUBSECTION 3.E. AMENDMENTS TO DIVISION 2.7., ZONING
ADMINISTRATION AND PROCEDURES
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.
2.7.2.3.4 Notice and public hearing requirements where proposed amendment initiated
by the board of county commissioners wouM change the zoning map designation of a
parcel or parcels ~ im'o!ves involving ten contiguous acres or more of land in the
county or wouM change the actual list of permitted, conditional, or prohibited uses of
land within a zoning category. Ordinances or resolutions In cases initiated by the board
of county commissioners-ha which the proposed to change to the zoning map designation
of a parcel or parcels of land ~ involving ten acres or more of land, or which
changes the actual list of permitted, conditional or prohibited uses of land within a zoning
category such provisions shall be enacted or amended pursuant to the following minimum
pu c no ce an earing requ rements: ~,j .... '~.~
1
....... :~., g.,~ 4 ...... :~ +~ +~ ....k~:~ ~.;.. The day, +: .... 4 place at
1. The planning commission shall hold at least one advertised public hearing unless
the planning commission elects by a majority decision to hear such ordinance or
resolution to be heard at two public hearings before the planning commission. If
there is only one hearing required before the planning commission, that hearing shall
be held after 5:00 p.m. on a weekday, and if there are two hearings required before
the planning commission, then at least one of the r~quired hearings shall be held after
5:00 p.m. on a weekday, and in which case the first hearing shall be held
approximately seven days after the day that the first advertisement is published. The
second hearing will be held approximately two weeks after the first hearing and shall
be advertised approximately five days prior to the public hearing. The day, time and
place of a second public hearing shall be announced at the first public hearing.
2.7.3.4 Time Limits for approved PUD master plans.
Should the development services director determine that the development has not
commenced in earnest, then upon review and consideration of the report provided by the
owner and any supplemental information that may be provided, the board of county
commissioners shall elect one of the following:
26
Words ,~*~.~1. *k ..... k
............ ~,.. are deleted, words underlined are added
1. To extend the current PUD approval for a maximum period of two years; at the
end of which time, the owner will again submit to the procedure as defined herein.
Require the owner to submit an amended PUD in which the unimproved portions
of the original PUD shall be consistent with the growth management plan. The
existing PUD shall remain in effect until subsequent action by the board on the
submitted amendment of the PUD.
If the owner fails to submit an amended PUD within six months of board action to
require such an amended submittal, then the board may initiate proceedings to
rezone the unimproved portions of the original PUD to an appropriate zoning
classification consistent with the future land use element of the growth
management plan.
If in the event of a moratorium or third party litigation challenging the development order
o_r 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 tkree year
sunset provision.
SUBSECTION 3.F. AMENDMENTS TO DIVISION 2.8., ARCHITECTURAL
AND SITE DESIGN STANDARDS AND GUIDELINES FOR
COMMERCIAL BUILDINGS AND PROJECTS.
Division 2.8., Architectural and Site Design Standards and Guidelines for
Commercial. Buildings and Projects, of Ordinance 91-102, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
DIVISION 2.8. ARCHITECTURAL AND SITE DESIGN STANDARDS AND
GUIDELINES FOR COMMERCIAL BUILDINGS AND
PROJECTS.
2.8.3.4. Pedestrian walkways.
2.8.3.4.1. Purpose and intent. To provide safe opportunities for alternative modes of
transportation by connecting with existing and future pedestrian and bicycle pathways
within the county and to provide safe passage from the public right-of-way to the
eommer-eial building or project, which includes the area between and including the.
parking areas and the building perimeter, and between alternative modes of
transportation.
2.8.3.4.2. Pedestrian access standards. Pedestrian ways, linkages and paths shall be
provided from the building entry(s) to surrounding streets, external sidewalks, and
outparcels and parking areas. Pedestrian ways shall be designed to provide access
between parking areas and the building entrance(s) in a coordinated and safe manner
through the incorporation ofwalkways, sidewalks and crosswalks, Pedestrian ways may
be incorporated within a required landscape perimeter buffer, provided said buffer'
IS
........................ cn average .consistent with t e exceptions outlined in
subsection 2.4.7.3.(4) of this code. Shared pedestrian walkways are encouraged between
adjacent commercial projects.
SUBSECTION 3.G. AMENDMENTS TO DIVISION 3.2, SUBDIVISIONS
27
Words ~*'~''~' ,n ..... ~. o,~
............. ~ .... ,. deleted, words underlined are added
Division 3.2, Subdivisions, of Ordinance 91-102, as amended, the Collier Land
Development Code, is hereby amended to read as follows:
DIVISION 3.2. SUBDIVISIONS
3.2.8.3.4. Buffer areas. Subdivisions or developments shall be buffered for the protection
of property owners from surrounding land uses as required pursuant to division 2.4.
Buffers shall not inhibit pedestrian circulation between adjacent commercial land uses.
Buffers shall be installed during construction as follows and in accordance with division
2.4:
(a)
To separate residential developments from commercial, community use, industrial
and public use developments and adjacent expressways, arterials and railroad
rights-of-way, except where such expressway, arterial, or railroad right-of-way
abuts a golf course.
(b)
To separate commercial, community use, industrial and public use developments
from residential developments.
(c)
To separate subdivisions of residential property that do not result in the submittal
of a site development plan pursuant to the provisions of division 3.3 fi.om other
residential properties.
Separation shall be created with a landscape buffer strip which is designed and
constructed in compliance with the provisions of division 2.4. Such buffer strip(s)
shall be shown and designated on the final plat as a tract of easement and shall not
be located within any public or private fight of way. The ability to locate
buffer(s) within a platted or recorded easement shall be determined pursuant to
the provisions of division 2.4. Buffers adjacent to protected/preserve areas shall
conform to the requirements established by the agency requiring such buffer.
3.2.8.4.8. Fire hydrants.
Residential land development. In one and two-family land developments with
not more than ten dwelling units per acre, fire hydrants shall be spaced not
greater than 500 feet apart and not more than 250 feet from the center of any
lot in the subdivision and shall be connected to mains no less than six inches
in diameter. The system shall provide capacity for fire flows of at least 500
gallons per minute or greater, ~
,t~^ , ......... o .... :~ am~ in addition to maximum day domestic
requirements at residual pressures of not less than 20 pounds per square inch
unless othe~ise required by the applicable fire code.
Commercial industrial single family with structures in excess of SO00 square
~feet, and multifamily developments. Fire hydrants located in these areas shall
be connected to water mains no less than eight inches in diameter. In no case
shall the spacing of hydrants be greater than 599 300 feet apart a::d
,~.~- ....... ,~n c~^, c .... ~.~~-,~- oran). ,^, :_ ,t. ....s..~:..:~;,,, Additional on site
fire hydrants are required when portions of structures are more than 150 feet
from the street. These hydrants shall be located as determined by the fire code
official. Hydrant spacing and size shall be capable of providing water flows
adequate to meet the requirements of the Fire Flow Analysis
-,-. ,, ~-~:'"-c,~ %,-':~z:, nn-:.~ In no case shall the flow be
less than 750 gallons per minute with the residual pressure of 20 pounds per
square inch at the most demanding rcr...ato point of discharge.
28
Words ~'~'~- '~ .....~'
............ ~,, are deleted, words underlined are added
3.H. AMENDMENTS TO DIVISION 3.3. SITE DEVELOPMENT PLANS
Division 3.3, Site Development Plans, of Ordinance 91-102, as amended, the
Collier County Land Development Code, is hereby amended to read as follows:
DIVISION 3.3. SITE DEVELOPMENT PLANS
Sec. 3.3.7. Site Development plan review (SDP) procedures.
3.3.7.1.10 Permits. All necessary permits and necessary applications requiring county
approval and other permitting and construction related items, including but not limited to
the following, shall be submitted and approved with the side development plan:
4. Collier County right-of-way permit, if required, prior to or at site development
plan ~'
...................... ~, v ....... approval.
SUBSECTION 3.I. AMENDMENTS TO DIVISION 3.13 COASTAL
CONSTRUCTION SETBACK LINE VARIANCE.
Division 3.13, Coastal Construction Setback Line Variance, of Ordinance 91-102,
as amended, the Collier County Land Development Code, is hereby amended to read as
follows:
DIVISION 3.13 COASTAL CONSTRUCTION
SETBACK LINE VARIANCE.
Sec. 3.13.8. Permits.
The following activities seaward of the coastal construction setback line shall not require
a hearing by the board of county commissioners, but shall require a coastal construction
setback line permit. Such permit shall be reviewed and approved administratively by site
development review environmental staff. The appropriate fee as set by county resolution
shall be submitted with permit application.
3.13.8.1.
Construc on of a dune walkover ...... et, wen
a Florida Department of Environmental Protection (FDEP) permit has
been obtained and the following criteria have been mel.
3.13.8.1.1. A maximum width of six feet.
3.13.8.1.2.
A minimum separation of 200 feet between walkovers when two or more
walkovers are proposed on a single parcel.
3.13.8.2.
Creation, restoration, re-vegetation or repair of the dune or other natural
area seaward of the CCSL on an individual parcel of land, when a Florida
Department of Environmental Protection (FDEP) permit has been obtained
and the following criteria have been met.
3.13.8.2.1.
Sand used must be compatible in color and grain size to existing sand
subject to FDEP requirements
3.13.8.2.2. Plants utilized shall be 100 percent native coastal species.
29
Words o,~.~. ,~ .....~
............ ~.. are deleted, words underlined are added
3.13.8.2.3.
Restoration plans shall be designed by an individual with expertise in the
area of environmental sciences, natural resource management or landscape
architecture. Academic credentials shall be a bachelors or higher degree.
Professional experience may be substituted for academic credentials on a
year for year basis, provided at least two years of professional experience
are in the State of Florida.
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.
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 ~ , 2002.
.- '"'~, ,SD'
" '?c~ATT~ ''
., [:~,; -
DWIGHT
[~~A~orm And Legal Sufficiency
Marjori~,l. Student
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,
BY:~
JAME~N.
COLETTA, CHAIRMAN
This ordinance filed with the
Secretary of State's Office the
~7~~f~day of _;~AT:~--, ~--~
~nd ac~owledgement of that
filing received thi~ ~y
3O
Words ~*~'~1' .~. ..... ~
............ ~., are deleted, words underlined are added
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 2002-31
Which was adopted by the Board of County Commissioners
on the 19th day of June, 2002, during Special Session.
WITNESS my hand and the official seal of the Boa
County Commissioners of Collier County, Florida, this ~h
day of June, 2002.
DWIGHT E. BROCK
Clerk of Courts and
Ex-officio to Board'
County;~- ~/~, ~i'., Commissioners.
Deputy Clerk