Loading...
Agenda 11/04/2002 W AGENDA BCC WORKSHOP - NOVEMBER 4, 2002, 9:00 A.M. - 12:00 P.M. TIME +/- 20 MINUTES +/- 30 MINUTES 10 minute Break +/- 60 MINUTES +/- 30 MINUTES TOPIC 1. Division 1.6 Interpretations 2. Division 1.8, Non-conformities 3. Division 2.6 Supplemental District Regulations 4. Public Comments EXECUTIVE SUMMARY THE SECOND OF THREE FALL WORKSHOPS TO INCLUDE DISCUSSION OF THE LAND DEVELOPMENT CODE SPECIFICALLY DIVISION 1.6, INTERPRETATIONS; DIVISION 1.8 NONCONFORMITIES; DIVISION 2.6 SUPPLEMENTAL DISTRICT REGULATIONS. OBJECTIVE: To respond to the Board's direction with respect to conduct a comprehensive review and re-write of the County's Land Development Code. Specifically to present to the Board an overview of Division 1.6, Interpretations; Division 1.8, Nonconformities; Division 2.6, Supplemental District Regulations and to discuss the plans for future amendments to the LDC with respect to these Divisions of the Land ' Development Code. CONSIDERATIONS: Division 1.6, Interpretations: Staff will present an overview of the current regulations and give statistical information regarding the number and types of interpretations. Staff will present the pros and cons of the regulations and any issues they've had over the past year with respect to implementation. Division 1.8, Nonconformities: Staff will present an overview of the current regulations. Division 2.6, Supplemental District Regulations: Landscape Code: Staff will present an overview of the current regulations. They will explain the role of the supplemental district regulations and positive and negative aspects to the current code. Staff will explain the impact of these regulations and some issues and concerns with respect to their administration. GROWTH MANAGEMENT PLAN: This proposal has no immediate impact on the Growth Management Plan. Staff will ensure that future amendments to the LDC are consistent with the Growth Management Plan and any future changes thereto. FISCAL IMPACT: The estimated cost to conduct a comprehensive re-write of the Land Development Code is the equivalent of 2.5 FTE's for a period of 2 years, at a cost of approximately $260,733. This excludes time and cost associated with amending the Land Development Code as a result of the adoption of the Rural Fringe and Rural Land amendments to the Growth Management Plan, or any amendments associated with the Community Character Plan or any other zoning overlay amendments. It is anticipated that funding for this project will come from Community Development fund (113). RECOMMENDATION: That the Board of County Commissioners consider the information presented by staff and give direction to staff to take action in the form of amendments to the Land Development Code and/or Growth Management Plan which best serve the interests of the public. PREPARED BY: CURRENT PLANNING SECTION DATE REVIEWED BY: MX~GAi~T WUIgRSYLE, AfCP, DIRECTOR PLANNINI3 SERVICES DEPARTMENT /c~ 27 a?._.. APPROVED BY: ~TRATOR /OMML~ITY DEVELOPMENT & ENVIRONMENTAL SVCS. DIVISION 1.6 INTERPRETATIONS Section 1.6.1. Authority Section 1.6.2. Initiation Section 1.6.3. Procedures Section 1.6.5.1. Notice Section 1.6.6. Appeals § 1.5.7 COLLIER COUNTY LAND DEVELOPMENT CODE quality public services which eliminates needless duplication of public facilities and instead employs the use of regional facilities as opposed to multiple or smaller scale and less efficient local, public or private utility facilities. The prevision and treatment of water, sewer and reuse irrigation water within the Collier County Water-Sewer District as a matter of local land development policy and regulation shall be provided by Collier County Water-Sewer District facilities in conformance with this code and all other applicable county ordinances, regulations and policies relative to the provision of such utility facilities and services. The provisions of this code and all other applicable ordinances, regulations and policies of the county shall be construed as applicable planning and permitting laws, rules, regulations, and policies which control development of lands within the Collier County Water-Sewer District to be services [serviced] by a special-purpose government such as a comm,mlty development district. (Ord. No. 92-73, § 2) DMSION 1.8. INTERPRETATIONS Sec. 1.~L1. Authority. The plann/ng services director shall have the authority to make all interpretations of the text of this code, the boundaries of zoning districts on the official zoning atlas, and to make all interpretations of the text of the growth management plan and the boundaries of land use districts on the future land use map. The chiefbuildlng official shall have the authority to make all interpretations of the text of this code on matters related to the building code, building permit requirements, building construc- tion administrative code or building permits. In cases where interpretations of both the building official and planning services director are requested jointly, any conflict shall be resolved by the community development and environ- mental services administrator. (Ord. No. 95-58, § 3, 11-1-95) Sec. 1.8-~. Initiation. An interpretation may be requested by any affected person, resident, developer, land owner, government agency or department, or any person having a contractual interest in land in Collier County. 1.6.3.1. Submission of request for interpretation. Before an interpretation shall be provided by the plonnlng services director, or chief building official, whichever is applicable, a request for interpretation shall be submitted to the planning Supp. No. 7 LDCI:10 GENERAL PROVISIONS § 1.6.5 services director or chief building official, whichever is applicable, ~n a form~ established by him. A fee for the request and processing of the request shall be established at a rate set by the board of county commissioners from time to time and shall be charged to and paid by the applicant. 1.6.3.2. Determination of completeness. After a request for interpretation has been received, the planning services director or chief building official, whichever is applicable, shall determine whether the request is complete. If the planning services director or chief or building official, whichever is applicable, deter- mines that the request is not complete, he shall serve a written notice on the applicant specifying the deficiencies. The planning services director or chief building official, whichever is applicable, shall take no further action on the request for interpretation until the deficiencies are remedied. 1.6.3.2.1. Notification of affected property owner. Where a site specific interpretation has been requested by a party other than the affected property owner, Collier County shall notify the property owner that an interpretation has been requested concerning their property. 1.6.3.3. Rendering of interpretation. After the request for in~rpretation has been determined complete, the plAnuing services director or chief building official, whichever is applicable, shall review and evaluate the request in light of the growth management plan, the future land use map, the code and/or the official zoning arias, and building cede related matters, whichever is applicable, and render an interpretation. The planning services director and the chief building official may consult with the county attorney and other county departments before rendering an interpretation. Prior to the release to the applicant of any interpretation, the interpretation shall be reviewed by the county attorney for legal form and sufficiency. Interpretations made pursuant to this section shall be rendered within 45 days of issuance of a determination of completeness made pursuant to section 1.6.3.2. (Ord. No. 92-73, § 2; Ord. No. 95-58, § 3, 11-1-95; Ord. No. 97-83, § 3.A, 12-17-97) Sec. 1.6.4. Form. The interpretation sh_~ll be in writing and shall be sent to the applicant by certified mail return receipt requested. The community development and environmental services administrator shall maintain an official record of all interpretations rendered by either the planning services director or chief building official, which shall be available for public inspection during normal business hours. Supp. No. '7 LDCI:ll § 1.6.5.1 COLLIER COUNTY LAND DEVELOPMENT CODE 1.6.5.1. Notice of interpretation. The community development and environmental services administrator shall provide public notification upon the issuance of an interpretation. For general interpretations of the building code, Growth Management Plan or Land Development Code, notice of the interpretation and appeal time-frame shall be advertised in a newspaper of general circulation in the County. For interpretations affecting a specific parcel of land, notice of the interpretation and appeal time-frame shall be advertised in a newspaper of general circulation, and mail notice of the interpretation shall be sent to all property owners within 300 feet of the property lines of the land for which the interpretation is effective. 1.6.5.2. Effective time limits of an interpretation. An interpretation rendered by the planning services director or the building official, as the case may be, shall remain in effect until the appropriate code section is amended to clarify the applicable provision or provisions which warranted the interpretation, or until such time as the interpretation is adopted, modified, or rejected as a result of an appeal to the board of zoning appeals and/or the building beard of adjustments and appeals, by the applicant or other individual or entity identified in section 1.6.2 of this code. From the time the interpretation is rendered and the time the appropriate code section is amended, or in the case of an appeal, until such time as the board of zoning appeals and/or buildi,~g board of adjustments and appeals has rendered its finding, no further request for interpretation regarding the same issue shah be permitted. (Ord. No. 95-58, § 3, 11-1-95; Ord. No. 97-83, § 3.A, 12-1%97) Sec. 1.6.6. Appeal fo board of zoning appeals or building board of adjustments and appeals. Within 30 days after receipt by the applicant or affected property owner of a written interpretation sent by certified mail return receipt requested by the plznnlng services director or chief building official, or within 30 days of publication of public notice of interpretation, the applicant~ affected property owner, or aggrieved or adversely affected party may appeal the interpretation to the building board of adjustments and appeals for matters relating to building and technical codes as shown in division 1.18 or to the board of zoning appeals for all other matters in this code. For the purposes of this section, an affected property owner is defined as an owner of property located within 300 feet of the property lines of the land for which the interpretation is effective. An aggrieved or affected party is defined as any person or group of persons which will suffer an adverse effect to an interest protected or furthered by the Collier County Growth Management Plan, Land Development Code, or building code(s). The alleged adverse interest may be shared in common with other members of the community at large, but shall exceed in degree the general interest in commtmity good shared by all persons. A request for appeal shah be filed in writing. Such request shall state the basis for the appeal and shall include any pertinent information, exhibits and other backup information in support of the appeal. A fee for the. application and processing of an appeal shall be established at a rate No. 7 LDCI:12 DIVISION 1.8 NONCONFORMITIES Section 1.8.1. General Section 1.8.2. Nonconforming lots of record Section 1.8.3. Nonconforming uses Section 1.8.5. Change in tenancy or ownership Section 1.8.6. Change in Use Section 1.8.9. Change to conforming use Section 1.8.10.Nonconforming Structures Section 1.8.12 Destruction Section 1.8.13. Repairs and Maintenance GENERAL PROVISIONS 1.8.2' mation and data shall be submitted within 30 days of the public notice specified in section 1.7.10 above. (Ord. No. 92-73, § 2) DMSION 1.8. NONCONFORMITIES 1.8.1.1. 1.8.1. Generally. Intent. Within the zoning districts established by the land development code or amendments that may later be adopted, there may exist lots, structures, uses of land, water and structures, and characteristics of use which were lawful before this code was adopted or amended, but which would be prohibited, regulated, or restricted und.er the terms of this cede or future amendments. It is the intent of this division to permit these .nonconformities to continue until they are voluntarily renovated or removed as required by this code, but not to encourage their survival. It is further the intent of the land development code that the nonconformities shall not be enlarged upon, expanded, intensified, or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district. 1.8.1.2. Declaration. Nonconforming uses are declared by this division to be incompat- ible with permitted uses in the districts involved. A nonconforming use of a structure, a nonconforming use of land or water, or a nonconforming use of structure, land or water in combination shall not be extended or enlarged after the effective date of this code or relevant amendment thereto by attachment on a structure or premises of additional signs intended to be seen from off the premises, or by the addition of other uses of a nature which would be prohib- ited generally in the district involved, except as provided for within section 1.8.10.4. 1.8.1.3. Vestedp'rojects. To avoid undue hardship, nothing in this code shall be deemed to require a change in the plans, construction, or designated use of a building or property on which a building permit had been applied for prior to the effective date of adoption of relevant amendment of this code. In addition, nothing in this code shall be deemed to require a change in the plans, construction, or designated use of any property for which a development plan was lawfully required and approved prior to the effective date of adoption of relevant amendment of this cede, provided that such plan shall expire two years from the date of said approval, or one year from the date of adoption of this code, whichever shall first occur, if no actual construction has been com- menced; and thereafter, all development shall be in accordance with the zoning regulations then in effect. Any such approved plat or plan may be amended by approval of the board of county commissioners, provided the degree of nonconformity with this code shall not be in- creased. (Ord. No. 92-73, § 2) Sec. 1.8.2. Nonconforming lots of recor~L In any district, any permitted or permissible structure may be erected, expanded, or altered on any lot of record at the effective date of adoption or relevant amendment to this code. A. The minimum yard requirements in any residential district except RMF-6 and E estates) shall be as for the most similar district to which such lot Supp. No. 2 LDC1:17 1.8.2 COLLIER COUNTY LAND DEVELOPMENT CODE of record most closely conforms' in area, width and permitted use, except that when possible the greater of any yard requirement in either district shall apply, and except when specifically provided for in the district reg- ulations. B. The minimum side yard requirement in any commercial or industrial district shall be equal to the height of the proposed principal structure, or the minimum side yard requirement in the district, whichever is lesser. (Ord. No. 92-73, § 2) Sec. 1.8.3. Nonconforming uses of land~ or waters or structures only. Where, at the effective date of adoption or relevant amendment of this code, lawful use of lands or waters exists which would not he permitted under this code, the use may be continued, long as it remains otherwise lawful, provided: 1.8.3.1. Enlargement, increase, .interisificotion, alteration. No such nonconforming use shall be enlarged, intensified, increased, or extended to occupy a greater area of land, structure, or water than was occupied at the effective date of adoption or relevant amendment of this land development code, except a single-family, duplex, or mobile home use as provided for within section 1.8.10.4. 1.8.3.2. Movement. No such nonconforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use at the effective date of adoption or relevant amendment of this land development code. 1.8.3.3. Discontinuance. If any such nonconforming use ceases for any reason (except where gover~__mental action impedes access to the promises) for a period of more than 180 consecutive days, any subsequent use of land shall conform to the regulations specified by this code for the district in which such land is located. Notwithstanding the above definitions of discontinuance relative to a nonconforming use of land or water or structure, whe~-~m'o~lam~-wat abled; water management facilities; landscaping;, and other site improvements as required in l)iv;.~;8 ~his ~ie;~pr/er~o the~ofm~eme~t,f~my~K-lamt, water or structure, sahi deficiencies as may apply shall be remedied, to the greatest extent possible given the physical constraints on the property, via the appropriate administrative processes found in Div. 3.3, or as otherwise required by this Code. 1.8.3.4. Subdivision or structural additions. No land in nonconforming use shall be subdivided, nor shall any structures be added on such land except for the purposes and in a manner conforming to the regulations for the district in which such land is located; provided, however, that subdivision may be made which does not increase the degree of nonconformity of the use. 1.8.3.5. Nonconformities not involving the use of a principal structure. Nonconformities not involving the use of a princilml structure, including, but not limited to, open storage, building supplies, vehicies, mobile homes, trailers, equipment Supp. No. 2 LDCi:18 GENERAL PROVISIONS 1.8.4 and machinery storage, junkyard, commercial animal yards and the like, shall be discontinued within one year of the effective date of this code or relevant amendment of this code. (Ord. No. 95-31, § 3, 4-18-95) Sec. 1.8.4. Extension of use in building m_,,n!festly designed for such use. Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the effective date of adoption or relevant amendment of this code. Any nonconforming uss which occupied a portion of a building not originally designed or intended for such use shall not be extended to any other part ol' the building. No nonconforming use shall be extended to occupy any land outside the building, nor any additional building on the same lot or parcel, not used for such nonconforming use at the effective date of adoption or relevant amendment of this code. Supp. No. 2 LDC1:18.1 GENERAL PROVISIONS § 1.8.10.2' Sec. 1.8.5. Change in tenancy or ownership. There may be a change in tenancy, ownership, or.management of a nonconforming use pro- vided there is no change in the nature or character of such nonconforming use. Sec. 1.8.6. Change in If no structural alterations are made, any nonconforming use of a structure, or of a structure and premises i~ combination may be changed to another nonconforming use of the same character, or to a more restricted nonconforming use, provided the board of zoning appeals, upon application to the development services director, shall find after public notice and hearing that the proposed use is equally or more appropriate to the district than the existing noncon- forming use and that the relation of the structure to surrounding properties is such that adverse effect on occupants and neighboring properties will not b~ greater than if the existing nonconforming use is continued. In permitting such change, the board of zoning appeals may require appropriate conditions and safeguards in accordance with the intent and purpose of this code. Sec. 1.8.7. Casual, temporary, or illegal use. The casual, temporary, or illegal use of land or structures, or land and structures in combi- nation, shall not be sufficient to establish the existence of a nonconforming use or to create rights in the continuance of such use. Sec. 1.8.8. Uses under conditional use provisions not nonconforming uses. All uses lawfully existing on the effective date of this code which are permitted as a conditional use in a district under the terms of this code shall not be deemed a nonconforming use in such district, but shall without further action be deemed to have a conditional use permit. Sec. 1.8.9. Change to conforming use requires future conformity with district regu- lations. Where a structure, or structure and premises in combination, in or on which a nonconforming use is replaced by a permitted use shall thereafter conform to the regulations for the district in which the structure is located, and [sic] the nonconforming use shall not thereafter be resumed nor shall any other nonconforming use be permitted. Sec. 1.8.10. Nonconforming structures. Where a structure lawfully exists at the effective date of the adoption of this ordinance or relevant amendment that could not be built under this code by reason of restrictions on lot area, lot coverage, height, yards, location on the lot, 0r__~re~uirements. other than use con- cerning the structure, such structure may be continued so lon~ as it remains othe~xs-----i~wful, subject to the following provisions: 1.8.10.1. No such nonconforming structure may be enlarged or altered i which increases its nonconformi___t~ but any structure or po~-~~ may be al- ~'-ered to decrease its nonconformity; provided, however, that the alteration, expansion, or replacement of nonconforming single-family dwellings, duplexes or mobile homes shall be permitted in accordance with section 1.8.10.4. 1.8.10.2. Should such nonconforming structure or nonconforming portion of a structure be destroyed by any means to an extent of more than 50 percent of its actual Supp. No. 1 LDCI:19 § 1.8.10.2 COLLIER COUNTY LAND DEVELOPMENT CODE replacement cost at time of destruction, as determined by a cost estimate submitted to the site development review director, it shall not be reconstructed, except in conformity with provisions of this zoning code. 1.8.10.3. Should such structure be moved for any reason for any ¢[istance whatever, other than as a result of governmental action, it shall thereafter conform to the regulations for the district in which it is located after it is moved. 1.8.10.4. Nonconforming residential structures, which for the purpose of this section shall mean detached single-family dwellings, duplexes or mobile homes in existence at the effective date of this zoning code or its relevant amendment and in continuous residential use thereafter, may be altered, expanded, or replaced upon recommendation of the Collier County planning commission and approval of the board of zoning appeals by resolution. Notwithstanding the foregoing restr/ct/ons as to reconstruction, any residen- tial structure or structures in any residential zone district may be rebuilt after destruction to the prior extent, height and density of units per acre regardl2ss of the percentage of destruction, subject to compliance with the app.licable Building Code requirements in effect at the time of redevelopment. In the event of such rebuilding, all setbacks and other applicable district require- ments shall be met unless a variance therefor is obtained from the board of zoning appeals. For the purpose of this division, a hotel, motel, or beatel shall be considered to be a residential structure. Since the size and nature of the alteration, expansion or replacement of such nonconforming structures may vary widely, a site plan, and if applicable, preliminary building plans indicating the proposed alteration, expansion or replacement shall be presented with each petition. Prior to granting such alteration, expansion or replacement of a nonconforming single-family dwelling, duplex or mobile home, the planning commission and the board of county commissioners shall consider and base its approval on the following standards and criteria: 1.8.10.4.1. The alteration, expm~ion or replacement will not increase the density of the parcel or lot on which the nonconforming single-family dwelling, duplex or mobile home is located; 1.8.10.4.2. The alteration, expansion or replacement will not exceed the building height requirements of the district most closely associated with the subject noncon- forming use; 1.8.10.4.3. The alteration, expansion or replacement will not further encroach upon any nonconforming setback; 1.8.10.4.4. The alteration, expansion or replacement will not decrease or further decrease the existing parking areas for the structure; 1.8.10.4.5. The alteration, expansion or replacement will not damage the character or quality of the neighborhood in which it is located or hinder the proper future development of the surrounding properties; and 1.8.10.4.6. Such alteration, expansion or replacement will not present a threat to the health, safety or welfare of the community or its resident. {Ord. No. 93-89, § 3; Ord. No. 94-58, § 3, 10-21-94) Supp. No. I LDCI:20 GENERAL PROVISIONS § 1.~.13" Sec. 1.8.11. Improvements or additions to nonconforming mobile homes. Improvements or additions to nonconforming mobile homes containing conforming uses, in the A agriculture district only, shall be permitted if the addition or improvement complies fully with the setback and other applicable regulations. 1.8.11.1. Issuance and reissuance of building permits when multiple mobile homes are located on a single parcel of land. Where specific zoning districts permit mobile home development and said lands have been substantially developed prior to the effective date of this code with multiple mobile hemes under singular ownership without an approved site development plan, as required by division 3.3 of this code, no further building permits for the placement or replacement of mobile homes may be obtained except as defined below. 1.8.11.1.1. Mobile home replacement. Prior to issuance of any building permit for replace- ment of a mobile home, the property owner or authorized agent shall provide the site development review director, or his designee, with three copies' of a scaled drawing of the subject parcel which indicates: 1. Proof of building permit issuance for structure being replaced. 2. The location of the structure to be replaced and its relationship to a~a- cent mobile homes and parcel boundaries. 1.8.11.1.2. Additional mobile homes. Prior to issuance of a building permit for any addi- tionai mobile home(s), the applicant or authorized agent shall obtain a site development plan, consistent with division 3.3 of the land development code. As part of the SDP application, building permit numbers of all existing mobile homes shall be submitted. 1.8.11.1.3. [Maximum density.] In no case shall the issuance or reissuance of building permits cause the density of the subject parc~. 1 to exceed that provided in the density rating system of the growth management plan or the Immokalee fu- ture land use map, except as may be provided in section 1.8.10.4 of this code. (Ord. No. 93-89, § 3) Sec. 1.8.12. Destruction of major structure or structures. When nonconforming use status applies to a major structure or structures, or to a major structure or structures and premises in combination, removal or destruction of the structure or structure shall eliminate the nonconforming status of the land. "Destruction" of the struc- ture for purposes of this subsection is hereby defined as damage to the extent of more than 50 percent of the replacement cost at the time of the destruction. Upon removal or destruction as set out in this section, the use of land and structures shall therefore conform to the regulations for the district in which such land is located. Sec. 1.8.13. Repairs and maintenance. On any nonconforming structure or portion of a structure and on any structure containing a nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of nonbearing w~)~s, fixtures, wiring, or plumbing to an extent not exceeding 20 percent of the current assessed valuation of the structure (or of the nonconforming portion of the structure if a nonconforming portion of a structure is involved), LDC1:21 § 1.8.13 COLLIER COUNTY LAND DEVELOPMENT CODE provided that the cubic content of the structure existing at the date it becomes noncont'orming shall not be increased except subject further to the exception provided at section 1.8.10, herein. (Ord. Bio. 93-89, § 3) Sec. 1.8.14. Nonconforming structures unsafe because of lack of m~i~temmce. If a nonconforming structure or portion of a structure, or any structure containing'a noncon- forming use becomes physically unsafe or unlawful due to lack of repairs or maintenance, and is declared by the duly authorized official of Collier County to be unsafe or unlawful by reason of physical condition, it shall not thereat~er be restored, repaired, or rebuilt except in confor- mity with the regulations of the district in which it is located. Sec. 1.8.15. Nonconforming structures ,,nsaufe for reasons other than lack of mainte- I1Rnce, If a nonconforming structure or portion of a structure, or any structure containing a nonc0n- forming use, becomes physically unsafe or unlawful for reasons other this lack of rep .air~ or maintenance, nothing contained herein shall be deemed to prevent the strengthening or re- storing to a safe condition of such building or part thereof declared to the [be] unsafe by the authorized official of Collier County charged with the public safety; provided, however, that where such unsafenesa or unlawfulness is the result of damage from destruction, the per- centage of damage limitations set out in section 1.8.12, as the case may be, shall apply. DMSION 1.9. ENFORCEMENT Sec. 1.9.1. General. The provisions of this code shall be enforced by (1) the Collier County code enforcement board pursuant to the authority granted by F.S. § 162.01 et seq., (2) by the board of county commis- sioners through its authority to enjoin and restrain any person violating the code, or (3) by Collier County through the prosecution of violations in the name of the State of Florida pursuant to the authority granted by F.S. § 125.69. The county manager shall have the right to inspect those lands, waters, or structures affected by this code and to issue citations for violations. 1.9.1.1. The term "county manager" as used in this code shall mean the county man- ager or his designee. (Ord. No. 92-73, § 2; Ord. No. 93-89, § 3) Sec. 1.9.2. Violation. Whenever, by the provisions of this code, the performance of any act is required, or the performance of any act is prohibited, or whenever any regulation or limitation is imposed on the use or development of any land or water, or on the erection of a structure, a failure to comply with such provisions shall constitute a violation of this code. (Ord. No. 93-89, § 3) Sec. 1.9.3. Complaints regm. dtng violatlons. Whenever a violation of this code occurs, or is alleged to have occurred, any person may file a complaint. Such complaint stating fully the causes and basis thereof shall be Cried with the county manager. The county manager, or his designee, shall record properly such complaint, LDCl:22 DIVISION 2.6 SUPPLEMENTAL DISTRICT REGULATIONS Section 2.6.2 Accessory Buildings and Structures Section 2.6.3 Exclusions from Height Limits Section 2.6.7. Parking and storage of certain vehicles Section 2.6.9. Essential Services Section 2.6.10.Locational restrictions for businesses serving alcoholic beverages Section 2.6.11 Fences Section 2.6.13.Miscellaneous Structures Section 2.6.20. Home Occupations Section 2.6.28. Automobile service stations Section 2.6.33. Temporary use permits ZONING 2.6.2.1 shall be considered a separate and distinct offense. Further, each day of continued violation or noncompliance shall be considered as a separate offense. Nothing herein contained shall prevent or restrict the county from ts_king such other lawful action in any court of competent jurisdiction as is necessary to prevent or remedy any violation or noncompliance. Such other lawful actions shall include, but shall not be limited to, an equitable action for injunctive relief or an action at law for dAm%o~s. Further, nothing in this section shall be construed to prohibit the county from prosecuting any violation of this Code by means of a code enforcement beard established pursuant to the subsidiary of F.S. ch. 162. (Ord. No. 96-21, § 3; Ord. No. 00-8, § 3.E.; Ord. No. 01-60, § 3.B.) DIVISION 2.6. SUPPI,EM'F~NTAL DIb-'TP, ICT REGULATIONS 2.6.1. Visibility at intersections in all zoning distriet~ On a corner lot in all ZOning districts, no fence, wall, hedge, planting, or structure shall be erected, planted, or allowed to grow in such a m_~nner as to obstruct vision between a height of 30 inches and eight feet above the centerline grades of the intersecti_Lng strsets in the area bounded by the right-of-way lines of such comer lots and a line joining points along said right-of-way lines 25 feet from the point of intersection, parking is prohibited in this area. Trees are permitted, so long as the foliage is cut away and lnAintAined within the 30-inch and eight-foot clearance requirement. Posts for ilb~mlnAting fixtures, trat~c control, fences and street nome signs are permit, so long as the sign or equipment is not within the prescribed clear space and the fence does not visually impede the clear sight of the intersection. (See section 2.4.4.13.) (Ord. No. 92-73, § 2) Sec. 2.6~. Accessory buildings and structures. 2.6.2.1. Location of accessory buildings and structures. For the purposes of this section, in order to determine yard requirements, the term "accessory structure" shall include detached and attached accessory use structures or buildings notwlth- st~ndlng the attsehment of such structure or buildi~ containing tho accessory use to the principal use structure or building. Accessory buildings and structures must be constructed simultaneously with or followi~ the construc- tion of the principal structure and shah conform with the fonowing setbacks and building separations: Supp. No. 13 LDC2:184.3 2.6.2.1 COLLIER COUNTY LAND DEVELOPMENT CODE ' ..... ACCESSORY STRUCTURES" ,, NON-WATERFRONT LOTS AND NON-GOLF COURSE LOTS f~mil~ SPS 10 feet SPS 10 feet 2. One-story parlrlnE structures .,.a/or carjxn-te SPS 35 feet SPS 10 feet 3. M,~,~-~ory par~,",g structu_.'ee SPS 35 feet SPS 1]1*~ 4. Sw~,-mlnE pool and/or screen an- clo~ure (one- and two-¢~mil~) SPS 10 feet SPS N 5. Sw~-,mlnE pool (multiple.family and Cg_mmC~ial) SP8 20 feet 15 feet N 6. T~nnls courts (private) (one. and two-fomil~r) -qPS 15 feet SPS 10 feet 7. Tennis courts (multiple.family, and c~mme~ial) SPS 20 feet 15 feet 20 feet 8. Utilitlr bnjldln~ ~PS 10 feet 8PS 10 9. Cb_~iol~e_~ barbecue areas SPS 10 feet SPS 10 feet 10. A~ached screen porch SPS 10 feet SPS N/A 11. UNlisted a_~-_~_a~ry SPS SPS SPS 10 feet 12. Satellite dish a~nna lhrp 15 feet SPS 10 f~t 2.6.2.2. N = None. N/A = Not applicable. NP = Structure allowed in rear of buil&ing only. SPS = Calculated same as principal structure. * = 1 foot/foot of accessory height = I foot/foot of building separation. [Accessory structures on waterfront lots and golf course lots.] ACCESSORY STRUCTURESe ON WATERFRONT LOTS AND GOLF COURSE LOTS Setbacks Structure Front Rear S/de (/f Det~hed) 1. ParklnE garage or carport, single. fs~l~ SPS SPS SPS 10 fe~t 2. One.story parl~i%~ sto_,_~O_ ~as SPS SPS SPS 10 feet 3. MultistorY parlrlnE structures SPS SPS SPS 1/1~ 4. Swir-mlnE pool and/or screen an- closure (one- ~nd two-~mil~) SPS 10 feeta SPS N 5. ~wimmln~ pool (multiple.~mily v. lld c~mmel'~i~l) 8PS 20 feet 15 feet N Supp. No. 13 LDC2:184.4 ZONING 2.6.2.3 Structure to Structure Front Rear Side Clf Detached) 6. Te~nla courts (private) (one- and ~wo.f~,nil~) SPS 15 feet SPS 10 f~t 7. Tennis cour~ (multiple-C-rally and ,~mmAr~ial) SP~ 35 feet SPS 20 feet 8. Boathousez and boat sheltem (pti. rate) SPS N/A 7.5 feet or 15 feet 10 feet (See section 9. Utility bui]~i-~ SPS SPS 10 feet 10 feet 10. Ch;,-:~% barbeo__~_~ are~ SPS 10 feet ~P~ N 11. Da~t~ hoi~t~ ~,d_ ~ N/A N/A 7.5 feet or 15 feet SPS (See sect/on 2.6.21.5) 12. A~$eh~l screen porch SPS 10 feet~ SPS ,~ 13. Unlisted ,o~ory SPS SPS ~ 10 f~t 14. Doc~ d~~-~ and mooring pilin? N/A N/A '.5 feet or 15 feet (See section [2.621.5]) ~t sh'ps ,nd ,~mps (private) N/A N/A 7.5 feet I N/A 15. 16. S~_t~lllt~_ d;,h ant~nn~m I~P 15 feet ~l~[ 10 feet N = None. N/A = Not applicable. NP -- Structure allowed in rear of building only. May be located on pad at ground level, but not mounted on roof. SPS -- Calculated s~me as principal structure. 1X/foot of accessory height = 1/foot of bui]dlnE separation. lin those cases where the coastal construction control line is involved, the coastal construction control line will apply. s20 feet where SWirnmln..~ pool decks exceed 4 feet in height above top of seawall or top of bank, except Marco Island and Isles of Capri which may construct to a maximum of seven feet above the seawall with a m~-imum of four feet of stem wall exposure, with the rear setback of ten feet. ~20 feet where floor or deck of porch exceeds 4 feet in height above top of seawall or top of b~nir; except Marco Island and Isles of Capri which may construct to a ma=imum of seven feet above the seawall with a m,~im,,m of four feet of stem wall exposure, with the rear setback of ten feet. 2.6.2.3. Limitations as to size of accessory buildings and structures. Accessory build- ings shall not occupy an area greater than five percent of the total lot area in all residential zoning districts, or occupy an area greater than 40 percent of any building envelope (i.e., area of lot remaining for building purposes ai~r accounting for required setbacks), whichever is the lesser, provided the total mn~mnm coverage provision of thls ordinance for all principal and accessory Supp. No. 11 LDC2:184.5 2.6.2.3 COLLIER COUNTY LAND DEVELOPMENT CODE ' ' bui]ain~s is not exceeded. Nothing herein cont~!ned shall serve to preVent the construction of an accessory building cont~nlng an area of less than 500 square feet provided all yard and building spacing requirements can be met. 2.6.2.4. Canopy tents/shades. Canopy tents/shades shall be permitted in residential and estates zoned areas in accordance with the side and rear setbacks for the applicable zoning district. These structures are expressly prohi.'bitsd on the street side of the front wall of any structure or building in a residential zonin~ district, including estates zoning. A buildln_~ permit shall be obtslned for these structures accomponied by a plot plan and is limited to one structure per residential lot with a principal structure. These structures sh~l)_ consist of metal poles supports with canopy tops and no sides. The mA~mnm size of these structures shall be 300 square feet, not to exceed 15 feet in height..The use of these structures shall be for the sterageJpariring of recreational vehicles, vehicles authorized in residential areas, and as a sun shade for Outdoor recreating. At no t/me shall these structures be used for any. other type of storage or be permitted with electrical or other utility connections. (Ord. No. 92-73, § 2; Ord. No. 96-66, § 3.E, 10-30-96; Ord. No. 97-2, § 1, 1-7-97; Ord. No. 00-6, § 3.F, 1-25~0) See. 2.62. Exclusions from height limits. 2.6.3.1. General exclusions. The height llmitations contAin~ed in division 2.2 do not apply to spires, belfries, cupolas, flagpoles, antennas, comm~mlcations towers, water tanks, fire towers when operated by a branch of government, ventilators, chimneys, feed storage structures, silos, windmill% airport control towers, or other appurtenances usually required to be placed above the roof level and not intended for human occupancy; provided, however, the heights of these structures or appurtenances thereto shall not exceed any height limitations prescribed by tho Federal Aviation Agency or airport zoning regulations within the flight approach zone of airports. (See section 2.2.23.) 2.6.3.2. Exclusions for off-street parking within a principal structure. In instances where off-street parl~inE is provided within the principal structure, the development services director may waive the mR~mnm height requirements to the extent necessary to permit off-street parking within the principal structure, provided however. (1) the number of off-street parking spaces required by thin Code for the use involved may not be reduced; (2) the waiver in height shall not be greater than that necessary to provide for the off-street parlrln~ within the principal structure, with a xvs~imnm of two parking levels; (3) the waiver of the m~mnm height requirements are compatible with the uses on adjacent properties; and (4) for each off-street parir/n~ space permitted within the principal structure for which the maximum height waiver is granted, 300 square feet of additional open space beyond that which is otherwise required by this Code shall be provided. (Ord. No. 92-73, § 2) Supp. No. ~ LDC2:184.6 ZONING 2.6.4.1.10 See. 2.6.4. Exceptions to required yards. In all zoning districts, yards, as defined in division 6, shall be as established by the dimensional standards for that zanlng district (see division 2.2) except as follows: 2.6.4.1. Yard encroachments. Every part of every required yard shall be open and unobstructed from 30 inches above the general ground level of the graded lot upward to the sky except as hereina/ter provided or as otherwise permitted in this Code: 2.6.4.1.1. Sills and other architectural and design treatments shall not project over 12 inches into a required yard. 2.6.4.1.2. Movable aw~in~ shall not project over three feet into a required yard, provided that where the yard is less than five feet in width the projection shall not exceed one-half the width of the yard. 2.6.4.1.3. Vfmdow- or wall-mounted air conditioning units, ~.hlmneys, fireplaces, bay windows, or pilasters shall not project over two feet into a required yard. 2.6.4.1.4. Fire escapes, stairways, and balconies which are unroofed (except as otherwise permitted within this section) and unenclosed shall not project over five feet into a required side or rear yard and three feet into a front yard of a multiple-fAmily dwelling, hotel or motel and not over three feet into a required front, side or rear yard of a single-fAmily residential dwelling. 2.6.4.1.5. Hoods, canopies, or roof overhangs shall not project over three feet into a required yard, but shall not come closer than one foot to the lot line. 2.6.4.1.6. Fencez, w~lh and hedges, subject to section 2.6.11, and pad-mounted air conditioners are permitted in required yards, subject to the provimo' ns of section 2.4.4.13. 2.6.4.1.7. Cornices, eaves or gutters shall not project over three feet into a required yard, provided that where the required yard is less than six feet in width, such projection shol! not exceed one-half the width of the yard. 2.6.4.1.8. Except as provided in section 2.6.1, nothing in this zoning code shall be so construed as to prohibit landscaping. 2.6.4.1.9. Except as otherwise provided by this Land Development Code, when lots on beth sides of an undeveloped recorded lot contain a residential structure whose front yard setback is less than is now required, the average of the setbacks of the two contiguous developed lots shall serve to establish the minimum front yard requirement for the vacant lot. 2.6.4.1.10. In commercial, industrial and multi-fAmily residential developments, carports which are open on all sides may encroach into the required yards provided they do not encroach into the required landscape buffers, as required by this Code; and furthermore, if the landscaping is deficient where the carports are Supp. No. 11 LDC2:184.? 2.6.4.1.10 2.6.4.2. 2.6.4.2.1. 2.6.4.2.2. COLLIER COUNTY LAND DEVELOPMENT CODE proposed, the landscaping must be upgraded to comply with the Code require- merits to the greatest extent possible prior to the issuance of a building permit for said carports. This shall be accomplished by a site development plan omendment or a site improvement plan approval. Minor after.the-fact yard encroachments. Minor after-the.fact yard encroachments may be approved administratively by the development services director. For the purposes of this subsection, ~nlnor yard encroachments shall be divided into two classifications: 1. Structures for which a certificate of occupancy has not been granted. The development services director may administratively approve minor ~ the-fact yard encroachments of up to 5 percent of the required yard, not to exceed a moxlmum of 6 inches. 2. Structures for which a certificate of occupancy or a final development order has been granted. The development services director may a~lmln- istrafively approve minor after-the.fact yard encroachments of up to ten percent of the required yard which requirement was in effect as of the date on which the certificate of occupancy or final development order was issued, not to exceed a m~imum of two feet. 3. Administrative variances approved pursuant to the above do not run with the land in perpetuity and remain subject to the provisions of section 1.8.10 non-conforming structures. 1. The property owner, or his agent, shall submit to the development services director a signed and sealed survey identifying the exact location and size of the encroachment; a statement of how and when the encroachment was created; a statement of current ownership, and ownership at the time the encroachment was created; any other factors which may show that the encroachment was not intentionally created; and the applicable fee as listed in the schedule of fees. 2. The development services director shall review the request for minor a/ter-the.fact encroachments, and shall within 30 days of receipt of the request and application fee, notify the applicant in writing of its approval or denial based upon information provided by the applicant as described in section 2.6.4.2.2.1 above. 3. If denied by the development services director, all fees for the request for minor al%er-the.fact encroachments maY be applied toward a variance request as described in section 2.7.5, if the variance request is received within 30 days after the date of the denial letter. Supp. No. 11 LDC2:184.8 2.6.4.3. 2.6.4.3.1. 2.6.4.3.2. 2.6.4.4. 2.6.4.4.1. 2.6.4.4.2. ZONING 2.6.4.4.2 .Mino.__._,r improvements to legal residential zoning district. nonconforming structures located within a Where a structure was lawfully permitted within a residential zoning distl'ict under a previous code, and where said structure is considered nonconforming under the current Land Development Code due to changes in the required front, side or rear yards, the site development review director may 8dmlni~- trafively approve a variance for an amount equal to or less than the existing front, side and/or rear yard encroachment. Canopies, windowsills or other projections as provided for within section 2.6.4.1 shall not be used in the calculation of existing front, side and/or rear yard encroachments. Procedure. The applicant shall follow the same procedures as provided within section 2.6.4.2.2, except that in addition the applicant shall submit a'detailed conceptual site plan drawn to scale depicting all existing structures and the proposed addition, as well as the distance between the property lines and the existing and proposed structures. Additionally, the applicant sh~ll provide proof that the encrosehing structure was legally constructed. Such proof shall include, at a mlnlmnm; evidence that a building permit was issued for the encroaching structure, or, where such evidence c~nnot be provided, documen- tation from the property appraiser's office of the date the structure was placed on the tax rolls. Waterfront yards. Purpose and intent. It is the intent and purpose of this section to permit the placement of principal stru~, except single-fAmily, twO-fAtally and duplex dwAlllng units, at the bulkhead line or shoreline where such placement at the water's edge can enhance the choracter of waterfront development without detriment to adjoining or nearby properties or without damage to a particular environmental situation. The provisions of this section have their greatest potential application in planning for the use of tidewater inlands er areas of the county of such size and location that the use of this provision win meet its intent and purpose. If the provisions of this section are met, such provisions govern regardless of any requirement for waterfront yards in the zoning district involved. In those cases where the coastal control line is involved, the coastal construction control line shAH apply. Classification of waterfront lands and building location. Principal structures shall not be erected waterward under this section beyond the followin~ limits for the situations OUtHOed: For waterfront lands along which a b-lkhead line has been established, buildings may be erected out to, but not beyond, the bulkhead line. Supp. No. 11 LDC2:184.9 COLLIER COUNTY LAND DEVELOPlVIENT CODE 2.6.4.4.2 2. .For waterfront lands along which an offshore building limit has been established by the board of county commissioners, buildings may be erected out to, but not beyond, the building ]imlt line. 3. For waterfront lands along which neither a b,,ll~head nor a building limit line has been established, buildings may be erected out to, but not beyond, the shoreline, as that shoreline exists prior to development and construction. 2.6.4.4.3. Uses. Since this section applies only to the placement of structures in waterfront yards, there shall be no use permitted under this section which is not permitted or permissible in the district involved. A structure approved under this section, however, may be attached to or made an integral part .of a boathouse or dock, if such boathouse or dock is permitted or permissible in the district involved. 2.6.4.4.4. Site development plan required. An applicant under this section shall submit a site development plan as required in division 3.3. In addition to the contents of such a plan as required by division 3.3, the applicant shall submit such materials as will demonstrate that the placement of the proposed buildln.~s in waterfront yards from which they would otherwise be excluded: (1) will not adversely affect adjoining or nearby properties; and, (2) will cause no adverse environmental effects as a result of building placement as requested. (Ord. No. 92-73, § 2; Ord. Bio. 93-89, § 3; Ord. No. 95-31, § 3, 4-18-95; Ord. No. 98-63, § 3.D, 6-24-98; Ord. No. 99-46, § 3.D, 6-16-99; Ord. No. 00-8, § 3.F, 1-25-00; Ord. No. 00-92, § 3.D, 12-13-00) Sec. 2.621. Buildings to have access. Every building herea/ter erected or moved shall be on a lot adjacent to a public street or with actual and legal, access to an approved private street, and all structures sb~!l be so located on lots as to provide safe and convenient access for servicing, fire protection, and required off-street parking. Sec. 2.6~. Use of residentially zoned property for access prohibited. No lot or parcel which is residentially zoned or designated shall be used for driveway, w_~l~ay or access purposes to any land which is nonresident/ally zoned or designated, or used for any purpose not permitted in a residential district except for ingress and egress to a use existi_'_r~ at the effective date of Collier County Ordinance No. 82-2 [January 14, 1982] which does not abut on a street, except as may be further provided in this Code. Sec. 2.6.7. Parking and storage of certain vehicles. 2.6.7.1. Parking and storage of vehicles without current license plates. 2.6.7.1.1. Vehicles or trailers of any type that are not immediately operable, or used for Supp. No. n LDC2:184.10 2.6.7.2. 2.6.7.2.1. 2.6.7.2.2. ZONING 2.6.7.2.2 the purpose for which they were manufactured without mechanical or electri- cal repairs or the replacement of parts; or do not meet the Florida Safety Code; or do not have current valid license plates; or do not meet the de6nition of recreational equipment as defined within this Code, shall not be parked or stored on any residentially zoned or designated property, including the E estates district, other than in a completely enclosed building. For the purpose of this section a license plate shall not be considered valid ~mless it is both affixed to a vehicle or trailer in a fashion authorized by Florida law and is registered to the vehicle or trailer upon which it is displayed. Parking, storage or use of mojor recreational equipment. No recreational equipment shall be used for living, sleeping, or housekeeping purposes when parked or stored on a residentially zoned lot, residential districts, or any location not approved for such use. In districts permitting single-fAmily homes or mobile homes, msjor recreational equipment may be parked or stored only in a rear yard, or in a completely enclosed building, or in a carport, or on davits or cradles adjacent to waterways on residentially zoned property; provided, however, that such equipment may be parked anywhere on residential premises, Other than on county rights-of-way or right-of-way easements for a period not to exceed six hours within a time period of seven days for loading and unloading, and/or cleaning prior to or after a trip. For the purpose of this section the rear yard for a comer lot shall be considered to be that portion of the lot opposite the street with the least frontage. For through lots the rear yard sbA)) be considered to be that portion of the lot lying between the rear elevation (by design) of the residence and the street. The following exceptions may be granted by the site development review 1. Such recreational equipment may be parked upon the premises of the resident for a period not exc~ing seven days for the purpose ofrepairlng and/or cleaning pr/or to or a/~er a trip. A temporary use permit must be obtained to authorize this activity. The permit for such period shall be ~ffi=ed to the vehicle in a conspicuous place on the street side thereof. No more than two consecutive permits may be issued and the ~imum n,,mber of permits issued during one calendar year shall be restricted to four. 2. Nonresident: Such car, trailer, bus or motor home, when used for transportation of visiWrs to this county to visit friends or member of the visitors family residing in this county may be parked upon the premises of the visited family for a per/od not exceeding seven days. A temporary use permit must be obtained to authorize this activity. The permit for such per/od shall be affixed to the vehicle in a conspicuous place or on the street side thereof. This does not allow for living, sleeping, or housekeep- Supp. No. 11 LDC2:184.11 2.6.7.2.2 COLLIER COUNTY LAND DEVELOPMENT CODE 2.6.7.3. 2.6.7.3.1. 2.6.7.4. 2.6.7.4.1. Lng purposes. No more than two consecutive permits may be issued and the mn~imum number of permits issued during one calendar year shall be. restricted to four. Parking of commercial vehicles or commercial equipment in residential areas. It shall be nnlawfu], to park a commercial vehicle or commercial equipment on any lot in a residential zoning district unless one of the following conditions exists: (1) The vehicle and/or equipment is engaged in a construction or service operation on the site where it is parked. The vehicle or equipment must be removed as soon as the construction or service activity has .been completed. (2) The vehicle and/or equipment is parked in a garage or fully enclosed structure or carport which is structurally or vegetatively' screened and c_~nnot be seen from adjacent properties or the street serving the lot. (3) The vehicle is parked in the rear of the msln structure and is enclosed within a vegetative screening which conceals the vehicle from the view of neighbors. (4) Automobiles; passenger type vans; and pickup trucks having a rated load capacity of one ton or less - all of which do not exceed 7.5 feet in height, nor 7.0 feet in width, nor 25 feet in length shall be exempted from this section ,mless otherwise prohibited by a special parking overlay district. (5) Exempted from this section is small commel~al equipment such as ladders and pipes which c~nnot be con~_~ined in the vehicle. Said equipment shall be limited to one ladder or one unit of pipe which does not exceed 12 inches in diameter per commercial vehicle. Said equipment shall be secured atop the vehicle and shall not extend beyond the length, height or width of the vehicle. Restricted parking RP overlay district: restricting the parking of commercial and major recreational equipment. Purpose and intent. It is the intent and purpose of the restricted parking overlay district (RP) to allow residents within a subdivision in Collier County to prescribe stricter regulations governing the parking of commercial and/or major recreational equipment than is provided under the mlnlmOm require- ments set forth in thi, zoolng code. This district is intended to apply as an overlay district for areas or portions of areas which are zoned for residential uses. The purpose of this section is to maintain the appearance and quality of the residential use in the manner in which it was originally platted, to reduce Supp. No. 11 LDC2:184.12 ZONING 2.6.9.1 congestion, prevent overcrowding and the bloclrlng of views and the free flow of air currents, and to maintain the las_ti__n~ values and amenities of the neighborhood. 2.6.7.4.2. Establishment of zoning classification. A zoniog overlay district, to be known as the restricted parking overlay district, and to be designated on the official zo,i~g atlas by the symbol "RP" in conjunction with the basic residential symbol, is hereby established. 2.6.7.4.3. Procedure for establishing district. Upon petition to the board of county commissioners, signed by a mlnlm~,m of 100 property owners or 50 percent of the property owners, whichever is the lesser, in the proposed district, platted subdivision, or a voting precinct comprising a homogeneous zoning area, the board of county commissioners may revise the boundaries of the district and enact an implementing ordinance to become effective upon approval by a majority of the qualified electors residing within the district voting in the next general election held specifically for the implementing ordinance. The election permits a choice by the elector if in favor of or opposed to the regulations adopted by the implementing ordinance. (Ord. No. 92-73, § 2; Ord. No. 93-89, § 3; Ord. No. 96-21, § 3; Ord. No. 96-35, § 4; Ord. No. 96-66, § 3.E, 10-30-96; Ord. No. 97-26, § 3.D, 6-4-97; Ord. No. 99-6, § 3.D, 1-27-99; Ord. No. 00-43, § 3.F, 6-14-00) Cross reference~SWpping, standlnE and parking, § 130-31 et seq. Sec. 2.6~. Moving of buildings or structure~ No building or structure shall be moved from one lot to another lot, or moved to another location on the same lot, unless such building or structure shall thereafter conform to all of the applicable provisions of thi~ zoni,~ cede and to all other applicable regulations of Collier County. Code reference Moving of buildings, § 22-381 et seq. ~c_____.fx_, _ __~_?__.,:?f~ F ___--.~-___~services designed and operated to provide water, sewer, ga~telephone, e~ec~,~l~ ~visio. or commnnica~o~s to the general p~blic by providers w~ch have been approv~k~ and authorized according ~ laws having appropriate 2.6.9.1. Per~tted uses. The followh~g uses shall be deemed p~mitted uses in. zoning~listrict: water lines, s~er lines, gas lines, teleph/~e lines, tel.?h.o. switchin~stations, cable televi~on, electrical troosmission~and distribwU~tOj k lines, ,ubtit~ttions, emergency po~er structures, sewage lift~tations, water pump .t ons. individ,al pri- ,te we, s and septic and installations n~cessary for the perfo~ance of these services. (]~vernmental Supp. No. n LDC2:184.13 I District Regulations, of'Ordinance 91-102, as Land Development Code, is hereby amended to read as iai Services. 2.6. SUPPLEMENTAL DISTRICT REGULATIONS 2.6.9.1~Permitted us~s. The followin8 uses ~ ~dg4~ de~m~ permitted uses: a. in an~ eytl:y_zoning district: water lines, sewer lines, f~ts lines, telephone lines, telephone switching stations, cable television, electrical transmission and distribution lines, substations, emergency power structures, sewag~ lift stations, water pumping stations; ,~ss~ntial service wells (includiniz extr~_~on facilities, and ~ individual private wells and septic tanks, and similar installations necessary for the performance of these services. If any nronosed well is a Collier i~ermittine aaencv's scheduled public hearings: · . : . · ~ · Ogovernmental facilities, es defined by this Code, ' ' ' ' ' c. in thc 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; cl. in residentially zoned districts: neighborhood oarks: 2.6.9.2.Conditional uses. The following usea-~ l'ea_ulre n_o_oroval pursuant ~ conditional uses; a. in any-event_ zoning district: electric'or sas generating plants, effluent tanks, major re-pump stations, sewage treatment plants including percolation ponds, hospitals, hospices, water aeration or treatment plants, governmental faoilitiel; b. in residential, agricultural and estate zoned districts, except as otherwise S~l~2~o_ i_,fi..ed by section 2.6.9.1,.L=t faeililieo; f~ionnl _oarks. community _oarks. safety service facilities, and other similar facilities;_: 2.6.35.7. Alligator Alley communication towers. (6) 25 Words s~re ddeted, words ~ are added 2.6.9.1 COLLIER COUNTY LAND DEVELOPMENT CODE identt~l not~for-profit chi~ care, nonresidential education facilities, libraries, 2.6.9.2. Condit~l uses. The follow~ uses shall be de~ed conditional u~es in any zoning district: electric or gas ~nerating plants, ei~uent t~nlr~, major,re-pump stations, s~wage treatment plants including per~lation ponds, h~spitals, hospices, w~ter aeration or treatment plants, ~ .... ~'i~-'" ~- i!- ~'_~~ % public wate~upply acquisition,~t~drawal, or e~trac- ti;~ facilities, s~ety service facilifies,~and other similar ~cilities. . 2.6.9.3. [Applicability of district re~lat/on.s.] Under this subsection, where structures are involved other than structures supporting lines or cables, such structures shall comply with the re~flations for the district in which they 'are located or as may be required on an approved site development plan under division 3.3. In addition, the structures shall conform insofar as possible to the character of the district in which they are located as to development standards as well as architecture and landscaping, with utilization of screenin~ and bufferin~ compatible with the district. 2.6.9.4. [$tru. ct~res for commercial ~ctivities.] Essential services shah not be deemed to include the erection of structures for commercial activities such as sales or the collection of bills in districts from which such activities would otherwise be barred. Unsteffed b/il/nE services, which are accessory uses to the normal operations of the essential service, may be permitted. (Ord. No. 92-73, § 2; Ord. No. 93-89, § 3) Sec. 2.6.10. Locational restrictions for businesses serving alcoholic beverages. 2.6.10.1. Sale of alcoholic beverages. The planning services director, or his designee, may authorize the sale of alcoholic beverages for cons-mption on-premises subject to compliance with all zoning restr/ctions and the foUowing locational criteria: Supp. No. 11 LDC2:184.14 2.6.10.1.1. 2.6.10.1.2. 2.6.10.1.3. 2.6.10.1.4. 2.6.10.2. 2.6.10.2.1. 2.6.10.2.2. ZONING § 2.6.10.2.2 No such use shall be located within 500 feet of any established elementary, middle or high school, ch/Id care center, public library, church, public park, or pUblic playground, unless a waiver of said distance requirement is granted by a board of zoning appeals resolution pursuant to section 2.6.10.3. This does not include beach access points. The distance of 500 feet sb~ll be meaSured aS the shortest distance between the lot on which the school; child care center, public library, church, public park or public playground is located and the lot on which the alcoholic beverages are to be sold, except that establishments located in shoppin~ centers shall be meaSured to the outer wall of the establishment. No such use shall be located within 500 feet of any existiag establishment whose primary function is the sale of alcoholic beverages for consump,tion on-premises. The distance of 500 feet shall be measured as the shortest distance between the lot on which the existin~ establishment is located and the lot on which the alcoholic beverages are to be sold, except that establishments located in shopping centers shall be measured to the outer wall of the establishment. The erection of any school, ch/Id care center, public library, church, public park or public playground within 500 feet of an establishment which offers the sale of alcoholic beverages for cons~mpfion on-premises shall not cause such establishment to become nonconforming. The applicant shall submit a site plan showin~ the followln~ 1. Dimensions of subject premises; 2. All vehicular points of ingress and egress; and 3. Compliance with all 'requirements of this cede includint~ landscaping, off-street parkix~, buff'er areas, and location and size of all signs. Expimlion of zoni~ approval. The planning services directoPs approval for the sale of alcoholic beverages for consumption on-premises, granted pursuant to this section, shall expire a~er the following periods of time and shall thereaf~ become nun and void: In the case of an existix~ structure, zoning approval shall expire six months from the date of approval ,_mless, within that period of t/me, operation of the alcoholic beverage establishment has commenced. For purposes of ~his section, operation shall be defined as the sale of alcoholic beverages in the normal course of business. In the case of a new structure, zonin~ approval shall expire one year from the date of approval ,mlees, within that period of time, operation of the alcoholic beverage establishment has commenced. However, if substantial construction is completed, the pl~nniug services director may grant one extension for up to six months. Supp. No. 9 LDC2:185 § 2.6.10.3 COL!ffER COUNTY LAND DEVELOPMENT CODE 2.6.10.3. 2.6.10.3.1. 2.6.10.3.2. 2.6.10.3.3. 2.6.10.3.4. 2.6.10.4. .I i Waiver of distance requirement. The board of zoning appeals may, 'by resolu- tion, grant waiver of part or all of the minimum distance requirement set forth. in section 2.6.10. if it is demonstrated by the applicant and determined by the board of zoning appeals that the sits proposed for the sale and consnmption of alcoholic beverages is separated from an established business whose primary function is the sale of alcohoUc beverages for consumption on premises, school, child care centsr, pubUc library, church, pubUc park or public playground by natural or monmade boundaries, structures or other features which offset or limit the necessity for such minimum distance requirement. The board of zoning appeals' decision to waive part or all of the distance requirement 'shall be based upon the following factors: The nature and type of natural or mAnta-de boundary, structure or other feature lying between the proposed establishment and an existing school, child care centsr, public library, church, public park or public playground which is determined by the board of zoning appeals to lessen the need for the Wtal 500-foot distance requirement. Such boundary, structure or other feature may include, but not be limited to, lakes, marshes, nondevelopable wetlands, designated preserve areas, canals, and m~jor rights-of-way. The paths of vehicular and pedestrian traffic which could be taken between the establishment and the school, child care center, public Ubrary, church, pubUc park or pubUc playground. The hours of operation and the noise and light which could potentially be generated from the premises selling alcohoUc beverages. Prior to consideration of such waiver by the beard of zoning appeals, the applicant shall provide to the planning services director a written application for waiver of the distance limitation on an application form supplied by the planning services director, including a legal description of all applicable structures with a survey or boundary sketch to scale, and such other informa- tion which the applicant can supply which would assist the board of zoning appeals in its evaluation pursuant to the factors set forth above. Upon receipt of the applicant's application and the applicable application fee established by the board of county commissioners, a public hearing date shall be scheduled before the board of ZOOln~ appeals for a determination on the proposed waiver. The applicant shall notify, by certified mail, the owners or representatives of the subject school,, child care centsr, public library, church, public park or public playground, of the application at least 15 days prior to the public hearing;, and evidence of such notification shall be supplied to the p}snnln~ services director. Exemptions from distance requirement. The following uses shall be exempted from the requirements of section 2.6.10. Supp. BIo. 9 LDC2:186 ZONING 2.6.11.2.4 2.6.10.4.1. Any restaurant deriving at least 51 percent of its gross revenue from the sale of food and nonalcoholic beverages. 2.6.10.4.2. Any motel and/or hotel with 100 or more guestrooms. 2.6.10.4.3. Any private club, golf club, country club, civic or fraternal club may serve alcoholic beverages for consumption on-premises when such service is inciden- tal to the main use and for the exclusive use of the members, tenants and/or guests of the facility. 2.6.10.5. Statement of gross receipts. Any owner or operator of an establishment approved under this section to sell any alcoholic beverages for consumption on-pr~.mises shall upon written demand of the planning services director, make or cause to be made under oath a statement itemizing what percentage of his gross receipts are from the sale of alcoholic beverages. (Ord. No. 92-73, § 2; Ord. No. 93-89, § 3; Ord. No. 99-46, § 3.D.) Code reference--Alcoholic beverages, ch. 6. See. 2.6.11. Fence~ 2.6.11.1. 2.6.11.2. 2.6.11.2.1. 2.6.11.2.2. 2.6.11.2.3. 2.6.11.2.4. Fences in residential districts. Fences or woll~ shall be allowed in all zoning districts subject to the restrictions set forth in section[s] 2.6.11.2--2.6.11.5. Residential districts. For the purposes of this section, residential districts shall include: RSF residential single-family; RMF-6, RMF-12, and RMF-16 residen- tial multiple-family; RT residential tourist; VR village residential; MH mobile home; TrRVC travel trailer-recreational vehicle park campground; and reei- dential increments of PUD residential planned unit development districts. Fences and walls placed within required yards shall be subject to the following. Fences or wolh on all lots greater than one acre in area may reach a mA~imllm height of six feet. For non-waterfront interior lots one acre or less in area, fences or walls may reach a maximum height of six feet for side and rear yards, but are limited to four feet within the req~ front yard. For waterfront lots one acre or less in area, height limits aro as for non- waterfront lots, but with the additional restriction that fences or walls within the required rear yard are limited to four feet. For corner lots one acre or less in area, which by definition have only front yards and side yards, fences within required front yards are limited to four feet in height, with the exception that any portion of a front yard fence wi~.hln the safe sight triangle described in section 3.2.8.3.22. of this Code is restricted to three feet in height. (Two sides of this triangle extend 30 feet along the Supp. No. 13 LDC2:187 2.6.11.2.4 COLI,rE, R COUNTY LAND DEVELOPMENT CODE 2.6.11.2.5. 2.6.11.3. 2.6.11.4. 2.6.11.4.1. 2.6.11.4.2. property lines from the point where the right-of-way lines meet, and' the third' side is a line connecting the other two.) Fences within required side yards may reach six feet in height. Barbed wire, razor wire, spire tips, sharp objects, or electrically charged fences shall be prohibited, except that the beard of zoning appeals may allow the use of barbed wire in conjunction with chRinllnlr fencing for fa 'cdities where a security hazard may exist, such as a utility substation, sewage treatment plant, or similar use. Agricultural dtstr/cts. For the purposes of this section, agricultural districts shall include: A agricultural; E estates; and CON conservation districts. Fences and walls within agricultural districts shall be exempt from height and type of construction requirements. Commercial and industrial distr~ts. For the purposes Of this section, Commer- cial and industrial districts shall include: ClYr, C-2, C-3, .C-4 and C-5 commercial districts; I, industrial district; and P, public use district; and commercial and industrial tracts or increments of PUD, planned Ullit devel- opment districts. Ail fences or wAil~ in commercial zoning districts, and all fences and wAliR in industrially zoned parcels where such fences abut arterial or collector reads, must also comply with the provisions of sections 2.8.3.3.3.1, 2.8.4.2.3.1. and 2.4.7.4. of this Code. Unless otherwise provided, all commercial and industrially designated lands in PUDs, planned unit developments shall comply with these previm'ons. Fences or wzll~ in commercial and industrial districts shall be limited to eight feet in height. Walls and fences required contiguous or opposite residentially zoned districts. Whenever a nonresidenti~! development lies contiguous to or opposite a residentially zoned district, said nonresidential development shall provide a masonry wall or prefabricated concrete wall/fence. If located on a contiguous property, the wallffence shall be a minimum of six feet and a mA~mum Of eight feet in height and shall be located a minimum of six feet from the residentially zoned district. If on a property opposite a residentially zoned district but fronting on a local street, or the properties are separated by a platted aney, the w/~ll/fence shall b~ locatod a mlnlmuln of three feot from the real- of right-of-way landscape buffer line and shall be four feet in height. On properties which front on more than one street, a six-foot high wall/fence shall be required along the street which is opposite the primary ingress and egress point of the project along the street frontage which is adjacent to the rear of the project. At the applicants' request, the p]~nnlng services director may determine that a masonry wall/fence is not warranted, particularly where the local street lies Supp. No. 13 LDC2:188 ZONING 2.6.11.5.3 2.6.11.5. 2.6.11.5.1. 2.6.11.5.2. 2.6.11.5.3. contiguous to the rear of a residenc~ or some other physical separation exists between the residential development and the nonresidential development, or for other good cause including the existence of a wall on an adjacent residential development. The applicant shall demonstrate that the intent of t. hiR section can be effectively accomplished, without constructing a wall, by submitting for the approval an alternative design, and a descriptive narrative through the ad~iniRtrafive variance process set forth in subsection 2.6.11.5.7. of this Code. The p]annln~ services director will review the submitted doo~ments for coo~i~;ency with the intent of thi~ section and, if the administrative variance is approved the fact of the approval and basis for it shall be stated in the site development plan approval letter. Vegetative plantings shall be located external to the wall/fence such that 50 percent of the wallffence is screened within one year of the installation of said vegetative material. An irrigation system shall be installed to insure the continued viability of the vegetative screen. These regulations shall not be construed to require a masonry wall/fence for commercial development fronting on an arterial or collector roadway where the oppoe/te side of such roadway is zoned residential or to be otherwise inconsie~ tent with the provisions of sect/on 2.8.2 of this Code. A wallffence shall be constructed following site plan approval but prior to any vertital construction or any other type of improvement resulting from the issuance of a building permit. Special drc~mstances may warrant constructing the wallffence in phases depending upon the location of affected residential areas and after vertical construction commences. A//d/str/~ts. Whenever a property owner elects to erect a chain llnk fence put, ant to the provisions of section 2.6.11 adjacent to an arterial/collector road in the urban coastal area said fence shall not be located nearer than three feet to the right-of-way/property line, and said fence shall be screened from view by planting a vegetative hedge a wlnlmnm of 30 inches ill height at planting spaced at a distance that will achieve an opacity rsting of 80 percent wltl~ one year of planting. An irrigation system shall be installed to insure the continued viability of the vegetative hedge as a visual screen of the chain link gence. This regulation shah not apply to single family home~. All f~mces and walls shall be of sound construction and shall not detract from the public health, safety and welfare of the general public. All gmce~ and wolls shall be maintained in a manner that win not detract f~m the ~eighborhood or community. Barb~ wire is authorized within agricultural, commercial and industrial Supp. No. 13 LDC2:188.1 2.6.11.5.3 COIJ,IER COUNTY LAND DEVELOPMENT CODE 2.6.11.5.4. 2.6.11.5.5. 2.6.11.5.6. 2.6.11.5.7. 2.6.11.5.8. 2.6.11.6. 2.6.11.6.1. 2.6.11.6.2. 2.6.11.6.3. districts. Razor or concertina wire is not permitted except in the 6ase of ~ institution whose purpose it is to incarcerate individuals, i.e., a jarl or penitentiary, or by appeal to the board of ZOning appeals. No fence or wall within any district shall block the view of passing motorists or pedestrinns so as to constitute a hazard. Fences and walls shall be constructed of conventional building materials such as, but not limited to concrete block, brick, wood, decorative iron or steel, and chain llnir, Fences and walls shall be constructed to present the finished side of the fence or wall to the adjoining lot or any abutting right-of-way. Where due to the presence of an existing fence or wall or continuous landscape hedge on the adjoining parcel, this provision may be administratively waived where said request has been requested in writing. When determined to be beneficial to the health, safety, and Welfare of the public, the plnnnlng services director may approve an administrative variance fi~m height limitations offences and wslls in all districts provided that at least one health, safety, or welfare standard peculiar to the property is identified, and that such approval does not set an unwanted precedent by addressing a generic problem more properly corrected by an amendment to this Code. Existing ground levels shall not be altered for the purpose of increasing the height of a proposed wall or fence except as provided for within section 2.6.11.5.7 and division 2.4. Fence height measurement for all districts. The height of a fence or wall located outside of the building line shall be measured from the ground level at the fence location. However, if the development services d/rector determines that ground levels have been altered so as to provide for a higher fence, the development services director shall determine the ground level for the pur- poses of measuring the fence height. In determining whether the ground level has been altered for the purposes of increasing the height of the fence, the development services director may consider, but is not limited to consideration of, the following facts: General ground elevation of the entire lot. In the case of a lot with varying ground elevations, the average elevation over the length of the fence, and at points in the vicinity of the fence. The ground elevation on both sides of the fence. In measuring the fence height, the ground elevation on the side of the fence location that is at the lowest elevation shall be used as a point from which the fence height is to be measured. Supp. No. ~3 LDC2:188.2 ZONING § 2.6.15 2.6.11.6.4. Fences or walls shall be permitted principal uses; however a fence or wall shall not, in any way, constitute a use or structure, which permits, requires and/or provides for any accessory uses and/or structures. (Ord. No. 92-73, § 2; Ord. No. 94-27, § 3; Ord. No. 99-46, § 3.D.; Ord. No. 00-92, § 3.D.; Ord. No. 02-3, § 3.E.) Sec. 2.6.12. Boats or other floating equipment used as dwelling units. Boats or other floating equipment being used as dwe11ing nnits or as commercial establish- ments may not anchor or tie up in waters under the jurisdiction of the county for longer than 48 hours, except at facilities located in zoning districts permitting such use and at facilities within such districts designated for such use and meeting county and state health standards for such use. Sec. 2.6.13. Miscellaneous structures. School bus shelters, bicycle racks, bus stop benches, telephone booths, msflbexes, newspaper boxes, and delivery boxes shah be permitted in any district. No advertising sign shall be permitted on any such structure. Locations and setbacks of school bus shelters shall be approved by the school board of Collier County. Mail, newspaper and other delivery boxes shall be placed in accordRnce with U.S. Postal Service regulations. All such structures are exempt from district setbacks. Sec. 2.6.14. Guesthouse. No guest accommodation facility in a single-fAmily residential district, whether a freestanding guesthouse or guest accommodations which are structurally integrated with the main dwelling, may be utilized for commercial purposes. Leasing or renting a guest accommodation facility shall constitute a violation of thiA zoning code. Similarly, if a main residence is leased or rented, a guest accommodation facility accessory to it may not be occupied by the property owner, since that would constitute the nnlawfal utilization of single-fRmily zoned property for two-~mily dwelling purposes. Guesthouses shall not be constructed on lots which are smaller than 43,560 square feet in area, nor sbol! they be constructed on lots which have a frontage less than 105 feet in width, nor shall the living area of a guesthouse be larger than 40 percent of the air conditioned, enclosed living area (excluding garages, carports, patios, porches, utility areas, and the like) of the principal dwelling. Detached guesthouees sh~!! not be closer thon 20 feet to the principal dw~lllng. A guesthouse may be constructed prior to a principal dwelli~, provided the gnesthouse meets the minimum requirements of a single-fAmily residence in the district in which it is being constructed. At such time as a principal residence is constructed, then the floor area percentages listed above shall apply. (Ord. No. 92-73, § 2) Sec. 2~.1§. Solid waste disposal Pursuant to Ordinance No. 90-30, as Amended. Solid waste disposal shall be required in the form of bnlk container service (garbage dumpsters and/or compactors) for all commercial establishments and mulfi-f~mily projects not receiving curbside pickup. Solid waste disposal shall be required in the form of curbside pickup for all other housing types. Supp. No. 1~ LDC2:188.3 2.6.15.1. 2.6.15.1.1. 2.6.15.1.2. 2.6.15.1.3. 2.6.15.2. 2.6.15.3. ZONING 2.6.15.3 Screening. An trash or recycle receptacles' shall be located so as to' be easily accessible to the residents and the' solid waste hauler and shall be screened on at least three sides to prevent visibility of contRiners by neighboring property owners and from adjacent streets at the first floor level, except as provided for in section 2.6.15.1.3. Enclosures shall have minimum internal dimensions of 12 feet by 12 feet square. If equipped with gates, the clear opening dimension shall be a minimum of 12 feet and the gates must be equipped with a device to hold them open. The following structures may be used for screening as required above: a. Wood fence. b. Concrete block and stucco wall, brick wall, masonry wall, or wal~ of similar material. Vegetative screening in conjunction with section 2.6.15.2.1. or section 2.6.15.2.2. above. Screening, as required above, shall be exempt from height limitations for fences provided there is no obstruction of vision of adjacent streets. Screening of bnlk containers (garbage dumpsters) may be exempted in: Industrial districts (I) if the dnmpsters are located greater than 200 feet from residentially zones or used property and are not located within front yards; rural agricultural districts (A) in conjunction with a bona fide agricultural use on parcels conforming to the required mlnim~m lot size in the district; and during construction in all other districts. Access. The access approach to the contRiner should be s,,t~icient to/ECOmmO- date a vehicle requiring a mlnlmnm clear width of 8 feet and minlmu~l cloa~ turning radius of 50 feet when directly accessing a public street. Contzln~rs and enclosures shall be placed such that the accessing vehicles are not required to maneuver in the adjacent travel lanes of any street. Provision shall be made to allow for a forward travel path for these vehicles where possible. When backing maneuvers are required to permit the vehicle to exit from the dumpster, provision shall be made to provide an apron at least 8 feet wide and 50 feet in length adjacent to the container as herein illustrated. Minimum requirements and locational restrictions. In the case of multif~mily developments that do not receive curbs,de service pick up and choose to use dumpster service, at least one standard size b~di~ cont-9~ iner (dumpster) per every ten units shall be required. An such containers are subject to the following locational restrictions. a. Solid waste b~llr cont-,here (garbage dumpsters) shall be permitted in all ZOning districte. Su~. ~o. ll LDC2:189 2.6.15.3 COLLIER COUNTY LAND DEVELOPMENT CODE 2.6.15.4. 2.6.15.4.1. bo Solid waste bulir containers may be located within a required yard provided they do not encroach into a required landscape area, and further, provided that there be no blockage of the view of motorists or pedestr/snA so as to constitute a hazard. In the case of mnlti-faml]y developments contsinln~ more than one structure, no solid waste bulk contslner (garbage dump/ff~) shall be located greater than 500 feet from the structure it is intended to serve. In the case of multi-fAmily developments that do not use curbside pickup and that choose to use compactor service the followln~ restrictions appl~. i. Solid waste compactors shall be permitted in all zoo!~ districts. ii. In the case of individually owned' multi-family ,,nits (colldomlnl- ~mA), the owner may utilize a compactor instead of curbeids pickup or d,~psters. Compactor service shall only be instituted by the developer prior to the sale of the first unit. A change from curbeide or all,tapster service to compactor service would require a msjority vote by the homeowners' assodation. ii/. In tho C~O Of multi-fsmily developments (rental units) ool~t~inln~ more than one structure, the owner may permit a compactor instead of dumpsters at any ~ime. Exceptions. The site deve,lopment review director, or his designee, may allow the following exceptions to the above requirements. Solid waste b,dl~ containers (dumpsters) may be substituted by individual solid waste disposal service (unit by unit curbside pick-up) subject to the following: In the case of individually owned multi-fzmily dwelling ,,nits (condomln- b,ms), individual (curbside) solid waste disposal service may be substi- tuted for the required bu!i~ containers (d~mpsters and/or compactors) upon doo, mentation that the subject nnit or condominium association, having been turned over from the developer to the residents, h~s voted in the majority to eliminate the use of d~,mpsters and/or compactors in favor of individual curbside service for all or part of particular development, subject to acceptance by the Collier County Solid Waste Department. Additionally, the association shall demonstrate that there is adequate access to facilitate curbside pickup and that all individual units have an enclosed location other than the residential structure, such as a carport or garage, for the storage of individual solid waste containers. In the case of'multi-family rental units the owner may utilize a compactor instead of a dumpster at any time. Supp. No. 11 LDC2:190 ZONING 2.6.19.1 c. In the case of a commercial use bulk solid waste disposal containers (dumpsters) shall be used unless an alternative methodology for solid waste pick-up is approved by the Collier County Solid Waste Department and the waste hauler. (Ord. No. 92-73, § 2; Ord. No. 94-58, § 3, 10-21-94; Ord. No. 98-63, § 3.D, 6-24-98; Ord. No. 00-92, § 3.D., 12-13-00) Code reference--Solid waste, ch. 118. Sec. 2.6.16. Integral caretaker's residence in commercial and industrial districts. The development services director may authorize the construction of a caretakePs residence in the C-l/r, C-2, C-a, C-4 commercial districts and C-5 heavy commercial district; and I industrial district subject to the following: 2.6.16.1. The residence shall be constructed as an integral part of the principal structure and shall be entered from within the principal structure. Exits required to comply with fire cede shall be permitted. 2.6.16.2. The caretaker's residence shall be an accessory use and shall be for the exclusive use of the property owner, tenant, or designated employee operating or maintaining the principal structure. 2.6.16.3. Off-street parking shall be as for a single-family residence in accordance with division 2.3. 2.6.16.4. Any other requirement which the development services director determines necessary and appropriate to mitigate adverse impacts of such use in the Sec. 2.6.17. Condominiums. This zoning code shall be construed and applied with reference to the nature of the use of such property without regard to the form of ownership. Condomluium forms of ownership shall be subject to this Code as is any other form of ownership. Condomlni~ms of any kind, type or use shall comply with the provisions ofF. S. ch. 718, as amended, known as the "Condomlnlnm Act." Sec. 2.6.18. Deed restrictions. This zoning code shall not be affected by any deed restrictions or restrictive covenants recorded with any deed, plat or other legal documents. No person or agency, in the capacity of enforcing and administering t. hi~ Code, shall be responsible for enforcing any deed restrictions. Sec. 2.6.19. Relation to state and federal statutes. 2.6.19.1. Required state and/or federal permits. Where proposed use or development requires state or federal development orders or permits prior to use or Supp. No. 11 LDC2:191 2.6.19.1 COLLIER COUNTY LAND DEVELOPMENT CODE development, such development orders or permits mUSt be secured'frmn state or federal agencies prior to commencement of any construction and/or devel- opment, includl-g any changes in land configuration and land preparation. 2.6.19.2. Development of regional impact. Where a proposed use or development is a development of regional impact (DRI), it shol! meet all of the req~rements of F.S. ch. 380, as amended, prior to the issuauce of any required county development orders or permits and commencement of construction or devel- opment. Submission of the application for development approval (ADA) for a DRI shall be simultaneous with the submission of any reZOnln~ a~!d/Or conditional use application or other land use related petition required by this Cede to allow for concurrent reviews and public hearings before both the p]snning commission and board of county commissioners of the ADA,and rezone and/or conditional use applications. The DRI and rezone and/or conditional use shall be approved prior to the issuance of any required county development orders or permits and commencement of construction or devel- opment. (Ord. No. 92-73, § 2) Sec. 2.6~0. Home occupations. 2.6.20.1. In any zoning district which permits residential dwellln,~s as a permitted use, home occupations shall be allowed and they shall be conducted by an oecupant thereof. The home occupation shall be clearly incidental to and secondary to the use of the dwellin~ for dwelling purposes and shall not eh, ~n~e the character thereof; provided that all the following conditions are met: 2.6.20.1.1. There shall be no on-site or off-site premi~ advertising signs. 2.6.20.1.2. The use does not generate more traffic than would normally be experienced at a residence. Traveling to and from the residence by employees of the business operated therefrom, who are not residin~ at the subject address, as well as by customers or clients of the home occupations, is prohibited. The utille~tion of a residence as a place where employees or customers of the bUSiness operated as a home occupation meet in preparation for travel to some other destination and any parking of vehicles associated with thi~ activity is prohibited. There shall be no receiving of goods or materials other than normal delivery by U.S. Postal Service or slmil~' carrier. Parking or storage of commercial vehicles or equipment as prohibited by section 2.6.7.3. The on-premise use of any equipment or materials, by their nature, shall not create or produce excessive noise, obnoxioUS fumes, dust or smoke. The on-premise use of any equipment or tools shall not create any -mount of vibration or electrical disturbance. 2.6.20.1.3. 2.6.20.1.4. 2.6.20.1.5. 2.6.20.1.6. Supp. No. 11 LDC2:192 ZONING 2-6~21-i'1 2.6.20.1.7. 2.6.20.1.8. 2.6.20.1.9. 2.6.20.2. 2.6.20.3. No on-premise use or storage of any hazardous material shall be kept in such an Amount as to be potentially dangerous to persons or property outside the con6nes of the home occupation. There shall be no retail sale of materials, goods or products from the promises. There shall be no outside storage of goods or products, except plants, in which case no more than 50 percent of the total square footage of the lot may be used for plant sWrage. Any home occupation that is found to have violated any provision of this section shall be discontinued upon receipt of notice by the owner or occupant from the development services director. Failure to comply with said notice shall constitute a violation of this Code, and each day the use continues shall be considered a separate offense. Home occupations existing prior to the effective date of Collier County OrdinAnce No. 82-2 [January 14, 1982] and found not to comply with the provisions of this Code shall be deemed a violation and shall be either discontinued or shall meet the provisions imposed by this section. 2.6.20.4. A home occupation shall be subject to all applicable county occupational licenses and other business taxes. (Ord. NO. 92-'/3, § 2; Ord. No. 95-31, § 3) Sec. 2.6-~1. 2.6.21.1. 2.6.21.1.1. or multiple private docks, including mooring pilings, davits, lifts are permitted to serve waterfront property as described in division 6.3 provided such docks do not protrude moro th~n the respective lin subsections 2.6.21.2, and 2.6.21.3. ofthls Code for such r or waterbody. Docks and the like are primarily intended to ~ moored vessels and provide safe access for routine m~inte- while minimally impacting navigation within any adjacent the use of the waterway, the use of neighbo~_ng docir~, the manatees, and the view of the waterway by the owner~. as well as extensions of dock facilities are line, bulkhead line, shoreline, seawall, rip-rap er mean high water (MHW) line, whichever is exception: On mAnmade waterways less the actual waterway has receded from the the pl~nnlng services director may approve , measurement of the protrusion from the existing MHW line, provided 1) a signed, sealed survey no moro than ~0 days old is provided showin~ the location of the MI-1W line on either side of the nance and navigable native marine neighboring Permitted dock measured from the line, control elevation most restrictive, with the than 100 feet in width, platted waterfront property an administrative variance Supp. No. 13 LDC2:192.1 ZONING § 2.6.28.1 lier County. Such instrument shall be binding upon the owner, developer, his successors, and assigns, and shall constitute a covenant r~nnln~ with the land, and be in recordable form. 2.6.27.4.6. Additional reduction to development standards for common architectural theme projects. Additional reduction to the development standards provided at sections 2.6.27.4.2, 2.6.27.4.3, 2.6.27.4.4 and 2.6.27.4.5 may be aPProved by the Collier County planning commission for projects defined as common architec- tural theme projects. In determining whether or not a project qua!!6es as a common architectural theme project the board of commissioners shall deter- mine that all of the following design features are incorporated into the project: 1. The architectural style of the dwelling unite/structures shall be similar in design and in the use of materials and color. 2. The residential project shall have a signature entranceway which serves to identify the development as having a common architectural thorne. The entranceway design and improvement elements shall include some or all of the following: the use of landscape materials, gated structure, water features, sculpture and ornamental pavement surfaces. 3. Street materials, signage, [and] lighting shall be complementary and the some throughout the project's accessways. (Ord. No. 92-73, § 2) Sec. 2.6-~8. Automobile service stations. The following regulations apply to the location, layout, drainage, operation, fencing, landscal~ ing, parirln~, architectural features, and permitted sales and service activities of automobile service stations which include convenience grocery steres sellin~ motor fuels: Purpose and intent. The purpose ofthls section is to ensure that automobile service stations do not adversely impact adjacent land uses, especially residential land uses. The high levels of traffic, glare, and intensity of use associated with service stations, particularly those open 24 hours, may be incompatible with surrounding uses, especially residential uses. Therefore, in the interest of protecting the health, safety and general welfare of the public, the following regulations shall apply to the location, layout, drainage, operation, landscaping, parking and permitted sales and service activities of automobile service stations: 2.6.28.1. Locational and site standards. Ail automobile service stations shall meet the following criteria: 1. Minimum frontage: An automobile service station shall not be located on a lot with less than 150 feet of frontage on a vehicular right-of-way. 2. Minimum depth: 180 feet. 3. Minimum lot or parcel area: 30,000 square feet. Supp. No. s LDC2:201 § 2.6.28.1 COLLIER COUNTY LAND DEVELOPMENT CODE Separation requirements: There shall be a mlnlm~m distance Of 500 feet, shortest airline measurement, between the nearest points on any lot or. parcel of land to be occupied by automobile service stations, and any lot or parcel which is already occupied by an automobile service station, or for which a building permit has been issued. Minimum yard requirements: All structures. (a) Front yard setback: 50 feet. (b) Side yard setback: 40 feet. (c) Rear yard setback: 40 feet. Parking requirements: As required by Division 2.3 Off-Street Parl~ing and Loedin~ Architectural design: As required by Division 2.8 Architectural and Site Design Standards and Guidelines for Commercial Buildings and Projects. Landscaping: The following landscape requirements are in addition to the requirements of Division 2.4 Landscaping and Buffering. a. Required landscaping adjacent to property boundaries: (1) Right-of-way buffer landscapin~ (a) Landscaping adjacent to rights-of-way external to the development project shall be located within a landscape buffer easement which is a minimum of 25 feet in width. Water management swales shall not be located within these buffer areas, however, water management facilities such as underground piping shall be permitted. (b) An undulating berm with a maximum slope of 3:l shah be constructed slon~ the entire length of the landscape buffer. The berm sh_~]! be constructed and maintained at a minimum average height of three feet. The berm shall be planted with ground cover (other than grass), shrubs, hedgss, trees and pAlm~. (c) The required trees and pA]m~ shall be clustered in double rows with a mln~m,,m of three trees per cluster. Canopy trees shall be planted a maximum of 20 feet on center within a cluster. The use of ps]m~ with~ the right-of-way buffer shall be ]~m~ted to landscaped areas adjacent to vehicular access points, ps]m~ shall be planted in stag- gered heights, a m~mum of three p~; per cluster, spaced at a m~mnm of eight feet on center, with a mi~m,m of a four foot d~fference in height between each tree. Exceptions will be made for Reystonea spp. and Phoeni- spp. (not including roebelenii) which may be Supp. No. 8 LDC2:202 ZONING § 2.6.28.1 (2) planted one pol'~ per cluster. A n'tl~,l, lm~,m distiul~.~ of 9.5 feet between all types of tree clusters shall be mnint~ined (See Illustration 1). (d) All of the trees shall be a minimum of 14 feet in height at the time of installation. Trees shall have a mlnlm~m of a 3¥2 inch caliper at 12 inches above the ~round and a six-foot spread. At installation, shrubs shall be a mini- mum of ten gallon, five feet in height, with a three-foot spread, planted four feet on center. Landscapin~ adjacent to all other property lines: (a) Side property boundaries (other than those adjacent to right,f-ways) shall be planted with single row hedges consistent with the mlnlmnm requirement~ of Division 2.4, Landscapin~ and Buffering. (b) Rear property boundaries (other than those adjacent to road rights-of-way) shall be planted with a single row hedge. The hedge shall be a minimum height of four feet at planting, planted at three feet on center and shall be maintained at a height of five feet. Supp. No. 8 LDC2:203 § 2.6.28.1 COLLIER COUN'FY LAND DEVELOPMENT CODE (3) Curbing: Curbing shall be installed and constructed, consistent with minimum code requirements, between all paved areas and landscape areas. 9. Perimeter walls: Automobile service station sites shall be separated from adjacent residentially zoned or residentially developed properties by an architecturally designed six-foot high masonry wall or fence u~ili~ing materials similar in color, module and texture to those utilized for the building. Landscaping shall be planted on the residential side of the fence or wall. 10. Lighting: a. All lighting fa 'culities shall be directed away from adjoining proper- b. On site ]nmln~wies shall be of low level, indirect diffuse type and shall not exceed a height of greater than 20 feet above ~inished grade. Supp. No. 8 LDC2:204 ZONING § 2.6.28.2 c. Lighting located underneath a canopy shall be of low level, indirect diffuse type designed to provide light only to the pump island areas located underneath said canopy. 11. Rest ~ooms: All rest rooms shall be located inside or to the side or rear of the building. 12. Sijno~e: As required by Division 2.5, Signage. 13. T~sh storage: As required by Section 2.6.15, a six foot high enclosed trash area to be integrated with the design of the service station shall be provided. 14. Stornge tanls: Storage tanks shall be located below grade. 15. Outsid~ dispk~y of products: There shall be no outside displays of products, stacking of tires or other merchandise. 16. Entrance and exit: No automobile s~rvice station shall have an entrance or exit for vehicles within 200 feet along the same side of a street as a school, public playground, child care center, church, hospital, public library, or any institution for dependents or for children, except where such property is in another block. 17. Building colors and color banding on canopy structures: Color accent banding on gasoline canopy structures and all other structures is prohib- ited. Canopies shall be of one color, consistent with the predominant color of the principal structure, if applicable. The color of all structures on site shall be of soft earth tones or pastels. 18. Infrastructure for generators: Each automobile service station shah provide the necessary infrastructll~ and pre-wiring in order to provide the capabilities for generator service in case of emergencies. 2.6.28.2 Exceptions. 1. Locational and site standards in accordance with subsection 2.6.28.1.(1)(5), shah not apply to, nor render non-conformln~, any existing automobile service station or any automobile service station within a Planned Unit Development (PUD) in which a specific architectural rendering and site plan was approved as part of a rezoning action prior to the effective date of this Amendment. 2. However, existing automobile service stations which may otherwise be rendered nonconforming by the provisions of subsection 2.6.28.1. (6)(18), or any other applicable standard, except for automobile service stations within a PUD as described above, shall comply with applicable subsec- tions of Division 1.8, Nonconformities. Supp. No. 9 LDC2:204.1 § 2.6.28.3 COLLIER COUNTY LAND DEVELOPMENT CODE 2.6.28.3 Operational Standards. In addition to the retail dispenSing of automobile fuels and oil, only the following services may be rendered and sales made except as indicated: 1. Sales and servicing of spark plugs, batteries, distributors and distributor parts. 2. Sales, mounting, balancing and repair of tires and wheel alignments, but not recapping of tires. 3. Sales and replacement of water hoses, fan belts, brake fluid, lightbulbs, fuses, floor mats, wiper blades, grease retainers, wheel bearings, shock absorbers, mirrors, exhaust systems, and the like. 4. Provision of water, antifreeze, flushing of the cooling system, air condi- tioning recharge, and the like. 5. Providing and repairiv4~ fuel pumps and lines. 6. Minor motor adjustments not involving removal of the head'or crankcase. 7. Greasing and lubrication. 8. Sales of cold drln]~, candies, tobacco and similar convenience goods for service station customers, but strictly and only as accessory and inciden- tal to the principal business operation. 9. Provision of road maps and other information. 10. No mechanical work shall be allowed outside of the enclosed aroas. 11. Oil drainage pits or appliances for such purpose or repair purposes shall be located within a wholly enclosed building. 12. Uses permiesible at an automobile service station do not include major mechanical and body work, s~raighteoiog of f~amas or body parts, ete~m cleaning, pointing, welding, storage of automobiles (except as expro~ly permitted in paragraph 13. below), commercial garage as all accessory use, or other work involving undue noise, glare, fi~mes, smoke or other characteristics to an extent greater than normally found in such stations. An automobile service station is not a facility for the sale of automobile vehicles, a repair garage, a body shop, or a truckstop. 13. The temporary storage of vehicles shall be permitted if the vehicles are to be serviced at the service station or ffthe vehicles have been towed by the service station and are being held for servicing, for an insuranco company or for salvage. Any such vehicle(s), other than those vehicles serviced daily, shall be stored within an area surrounded by an opaque fence not less than six feet high. Said vehicles shall not be stored longer than 60 14. Washing and polishing of automobiles and sale of automobile washing and polishing materials, but this only allows auto detailing as an Supp. No. 9 LDC2:204.2 ZONING § 2.6.28.4.1 2.6.28.4. 2.6.28.4.1. accessory use, but this provision does 'not allow carwashes except in those ZOning districts where a carwash is a permitted use; and where such carwashes shall be subject to criteria specified in the zoning district. Waiver of distance requirements. The board of zoning appeals may, by resolu- tion, grant a waiver of part or all of the ~inlmum separation requirements set forth in section 2.6.28. if it is demonstrated by the applicant and determined by the board of zoning appeals that the site proposed for development of an automobile service station is separated from another automobile service station by natural or men-made boundaries, structures or other features which offset or limit the necessity for such minlmuln distance requirements. The board of zoning appeals decision to waive part or all of the distance require- ments shall be based upon the following factors: 1. Whether or not the nature and type of natural or manmade boundary, structure, or other feature lying between the proposed establishment and an e~i~ting automobile service station is determined by the beard to lessen the impact of the propesed service station. Such boundary, struc- ture or other feature may include, but not be limited to, lakes, marshes, nondevelopable wetlands, designated preserve areas, c~__~!s and a im,,m of a four-lane arterial or collector right-of-way. 2. Whether or not the automobile service station is only engaged in the servicing of automobiles during regular, daytime business hours, or if in addition to or in lieu of servicing, the station sells food, gasoline and other convenience items during daytime, nightt/me, or on a 24-hour basis. 3. Whether or not the service station is located within a shopping center primarily accessed by a driveway, or flit fronts on and is accessed directly from a platted road right-of-way. 4. Whether or not the granting of the distance waiver will have an adverse impact on adjacent !~nd uses, especially residential land uses. Waiver request submittal requirements. The request for an automobile service station waiver shah be based on the submittal of the required application, a site plan, and a written market study analysis which justifies a need for the additional automobile service station in the desired location. The site plan sh~ll indicate the following.. 1. The dimensions of the subject property. 2. All vehicular points of ingress and egress. 3. Compliance with all requirements of this code including the location of the structures on site, landscaping, off-street parking, site circulation, architectural design guidelines, and signage. 4. All proposed buffer areas. Supp. So. 9 LDC2:204.3 § 2.6.32 COLLIER COUNTY LAND DEVELOPMENT CODE Sec. 2.6~32. Open space requirements in all zoning district& 2.6.32.1. I/sable open space requirements. Usable open space shall include active and . passive recreation areas such as playgrounds, golf courses, beach frontage, waterways, lagoons, floodp]nlns, nature trails, and other slml]ar open spaces. Open space areas shall also include those areas set aside for presi~vation of native vegetation and landscaped areas. Open water area beyond the perim- eter of the site, street rights,f-way, driveways, off-street parking areas, and off-street loading areas shall not be counted in determining usable open space. 2.6.32.2. Residential developments. In residential developments, at least 60 percent of the gross area shall be devoted to usable open space. This requirement shall not apply to individual single-f~mily lots less than 2.5 acres in size. 2.6.32.3. Commercial, industrial and mixed use developments. In developments of commercial, industrial and mixed use including residential, at least 30 percent of the gross area shall be devoted to usable open space. This requirement not apply to individual parcels less than five acres in size. (Ord. No. 92-73, § 2) Se~ 2.6~3. Temporary use permit~ 2.6.33.1. Purpose and intent. Based upon the nature of some uses, their impact on adjacent uses, their compatibility with surrounding properties, and the length of time a use is intended to function, there is an identified need to allow certain temporary uses within a development site, and to provide for other types of temporary uses such as special events, sales and promotions. It is the intent of this section to classify temporary uses and to provide for their permitting. 2.6.33.2. Genera/. The plnnning services director, or his designee, may grant a tempo- rary use permit for requests that demonstrate compliance with the intent of section 2.6.33. Approvals for such requests shall be based upon, but not llmlted to, the applicant's description of the temporary use, the intended duration of the use, hours of operation and the impacts of the proposed temporary use on adjacent properties. All applications for a temporary use permit shall include a conceptual site plan or a site development plan (SDP) as provided for within this section. The appropriate required plan and temporary use permit appli- cation shall be submitted and approved prior to or simultaneously with the submission of a bufldlng permit application, ff required. 2.6.33.3. Temporary construction and development permits. During the construction of any development for which at least a prelimlnRry development order has been granted, as required below, the developer may request a temporary use permit for the below-lieted activities. The temporary use permit shall be granted initially for a period not to exceed 24 months in duration and may be renewed nnnually based upon demonstration of need and payment of fee. A request for Su~. No. 13 LDC2:208 2.6.33.4. 2.6.33.4.1. ZONING 2.6'.33.4.'1' renewal shall be submitted to the planning services director in writing 30 days prior to the expiration of the temporary use permit. Temporary construction and development permits shall be allowed for the following uses: 1. Temporary offices to be used for construction, and admlniRtrative func- tions within the development. 2. Temporary ac)miniRtrative offices to be used in conjunction with a bona fide agricultural use in the agricultural zoning district when located in the area designated agricultural on the future land use map of the future land use element of the Collier County growth management plan... 3. Temporary classrooms on the site for existing nonprofit orgAni=ations, used to continue exis~,g classroom activities, and in conjunction with. an approved development order; permits for such classrooms will be issued in conjunction with an approved site improvement plan. " 4. On-site storage of equipment and construction materials for use on the development site only. 5. On-site mobile home used as a temporary office or storage facility for persons engaged in the development of the site. 6. On-site mobile radio and television equipment and antennae. 7. On-site mobile home for the use of a watchman or caretaker only. 8. On-site temporary use of structures and equipment for the buildlnE of roads, public utilities, and government projects. 9. Off-site temporary paring on property which is located contiguous to the subject development, or would be contiguous except for a roadway that is not designated as a collector or arterial in the traffic circulation element of the growth management plan, with the written authorization of the 10. Other on-site uses similar to the foregoing uses and determined by the plonnln~ services director to meet the intent of section 2.6.33.2. Proposed temlx~rary structures identified above require the submission of a conceptual site plan that addresses the requirements of section 2.6.33.2. Mode/homes and model sa/es centers. Model homes and model sales centers shall be of a temporary nature and may be allowed in any residential zoning district or residential component of a PUD, in the estates zonln~ district, and in the agricultural ZOnln~ district as part of a rural subdivision, by the issuance of a temporary use permit; however, a model center as a permitted use within a PUD, and not located wi~.hln a dw~.lllng nnit, or a temporary structure such as a trailer, shall not require a temporary use permit. Model homes and model sales centers are intended to Supp. l~o. 13 LDC2:208.1 2.6.33.4.1 COLI.IER COUNTY LAND DEVELOPMENT CODE facilitate the sale of the model design, or of products similar in design to the model. Model homes and model sales centers located within residential zoning districts, or within a residential component of a PUD shall be restricted to the promotion of a product or products permitted within the residential zoning district or PUD in which the model home or model sales center is located and farther subject to the fonowln~ Model homes shall only be permitted for dwellings that have not been previously used as a residence. A model home or model sales center is not intended to allow the full scope of real estate activities and shall be restricted primarily to the sale and marketing of the model, or products similar to the model. A model home shall not include offices for builders, contractors, developers, or simil~Lr activities. Model homes may be "wet" or "dry." Model homes permitted as "dry" models (unoccupied by a sales office and/or representative) shall be limited to a conditional certificate of occupancy allowing the use of the structure as a model only provided all required infrastructure is in place to service the onit. Model homes permitted as "wet" models (occupied by a sales office and/or representative) shall not be occupied until such time as all required infrastructure is available to service the unit and a permanent certificate of occupancy has been issued. TrAnsportation to and from unoccupied model homes is provided at a sales center, which also provides required parking and handicapped accommodations in accordance with section 2.6.33.1.11. Model homes occupied by a sales office and/or representative must have all required landscaping, parking, and handicapped access on site. A temporary use permit for a model home (occupied or unoccupied) shall be issued initially for a period of three years. Extensions in excess of this period shall require submittal and approval of a conditional use petition in accordance with section 2.7.4. of this Codo. Model sales centers may be located in either a temporary structure, usually a mobile home, or a permanent structure which is either a residential dwelling onlt or a non-residential structure. Temporary use permits sh~ll be issued as follows: a. A temporary use permit for a sales center in a temporary structure shall be issued initially for a period of three years and may be renewed Annually based upon demonstration of need. b. A temporary use permit for a sales center in a permanent structure which is a residential dwelllng 1_mit shall be issued initially for a Supp. No. 13 LDC2:208.2 ZONING 2.6.33.4.1 Co period of three years. Extensions in excess of this period shall require submittal and. approval of a conditional use petition in accordance w/th section 2.7.4. of this Code. A temporary use permit for a sales center in a permanent structure other than a residential dwelling ~mit shall be issued initially for a period of three years and may be renewed annually on demonstra- tion of need. Temporary use permits for model homes or model sales centers to be located within a proposed single-f~mily development prior to final plat approval may be requested by the applicant and require: 1) edmlnist~'a- tive approval of a plat and construction plans showing 811 required infrastructure for the lot(s) on which the model home or model s~les center is to be located, and 2) a site development plan (SDP) pursuant to division 3.3, subject to the following: (a) A m9x~im~rn of t~vo models, or a number corresponding to ten percent of the total number of platted lots, whichever is lesser, per platted, approved development shall be permitted prior to final plat approval as specified above. Supp. No. 13 LDC2:208.3 ZONING 2.6.33.4.1 (b) The applicant shall provide doc,,mentation that all required utilities will be available to the subject site, and, where required, shall depict such utilities in detail on the site development plan. (c) The parcels on which the models are located must abut a privately owned and mnintained road, temporary in nature or permanently constructed to Collier County roadway standards. (d) The boundaries depicted on the preliminary subdivision plat shall be depicted on the site development plan in order to ensure compliance with the applicable development standards in effect on the subject property. (e) Final lot grading and drainage conveyance shall be in conformance with the master grading plan for the project as depicted on the preliminary subdivision plat submittal doc~mente. 6. Temporary use permits for model units or units used for sales centers in multi-family projects will not be issued prior to plat recordation and final approval of the project site development plan. 7. All other temporary use requests for model homes shall require the submission of a conceptual plan which demonstrates that provisions will be made to adequately address the requirements of section 2.6.33.1.11. 8. Temporary use permits for a model sales center within an existin~ subdivision shall require a site plan as follows: in the case of a permanent structure which is a dwelling ~mit, a site improvement plan (SIP) per section 3.3.8.4. of this Code; in the case of a permanent structure which is other than a dwelling unit, a site development plan (SDP); in the case of a temporary structure (mobile home or sales trailer), either a concep- tual s/te plan (CSP) which addresses the requirements of section 2.6.33.1.11., or a site improvement plan, depending on the extent of the work required. 9. Temporary use permits for model homes to be located wi~.hlu a proposed single-fAmily development may be approved foliowin~ admlni=trative approval of a plat and construction drawings for all required inFrast~lc- ture encompassing the lots on which the models are to be constru~ purs~nt to division 3.2, and a conceptual site plan which addresses the requirements of section 2.6.33.1.11. of this Code. Unoccupied (dry) model homes will be permitted only in conjunction with an approved SDP for a model sales center which provides adequate pari~ing to support the model(s). 10. Temporary use permits for occupied (wet) model homes following subdi- vision approval shah require a conceptual site plan which addresses the requirements of section 2.6.33.1.11. of this Code. Temporary use permits for unoccupied model homes following subdivision approval shall require Supp. No. 11 LDC2:209 COLLIER COUNTY LAND DEVELOPMENT CODE 2.6.33.4.1 11. 5. 6. 7. a conceptual site plan and shall be issued only in conjunction with an approved site development plan or site improvement plan for a model sales center which provides adequate parking to support the model(s). Ali model home site plans shall adequately address the foil,owing stan- dards: 1. Traffic circulation and safety within the site as follow~: a. All parking spaces shall be arranged in a mRnner for cony,- nient and safe access for vehicles and pedestrians. No parkin_~ spaces shall be arranged to cause vehicles to be moved in Order for other vehicles to enter or exit a site. Minimum parking requirements: a. Four parking spaces for the first model unit and one and one-half spaces for each additional model unit (for dimensions see section 2.3.4.12. of this Code). b. One paved parking space for disabled persons per parking lot shall be provided (included as part of the number of required parking spaces) along with a paved access aisle and barrier- free access to the unit (for dimensions, see section 2.3.20.3. of this Code). c. All parking spaces shall be constructed of a concrete, asphalt, or other dustless material as may be approved by the services director. Driveways and handicapped spaces shall be paved. Screening, buffering, and landscaping of the temporary use to reduce potential impacts on adjacent properties as required in section 2.4.4 and approval by the pl~nnln..~ services director as follows: a. One canopy tree per 30 linear feet around the perimeter of the vehicular use areas. b. A staggered double row of hedgss between the right-of-way and the parking area and a single row of hedges to screen the driveway. c. Vehicular use areas shall be set back a mlnlm~m of ten feet fi~m the property line. Sanitary fac/J/t/es. Fire protection. Environmental impacts. 8. Stormwater management. Supp. No. 11 LDC2:210 ZONING 2.6.33.6 2.6.33.4.2. 2.6.33.5. 2.6.33.6. 9. Any other requirements determined by the planning services direc- tor to be necessary for the public health and safety. (Reserved). (Reserved.) Temporary sa/es. 1. In the case of temporary sales, such as grand Oponln~, goin~ out of business sales, special promotional sales, or other similar uses (exclusive of garage sales, lawn sales and similar private home sales), the plnnnln~ services director may grant nonrenewable permits of up to 14 days duration, such that during any calendar year the snm total of all permits for such events for that location does not exceed 28 days. A multi-tenant building of ten or more businesses with annual leases may utilize a maximum of 42 days per calendar year for temporary sales. Temporary use permits may be permitted for up to an additional four weeks when approved by the board of county commissioners. Such special approval shall be subject to stipulations or additional constraints deemed necse- sary and appropriate to the request. Such stipulations or collstr~inte deemed necessary by the board of county commissioners shall be noted as conditions to the issuance of said permits, and the permittee shall be required to sign a notarized agreement to said stipulations or coustrnints. 2. Temporary sales permits may, in support of the use being permitted, include the placement of one sign, a mn~im,m of 32 square feet, or two such signs for properties contolnln~ more than one street frontage, as well as merchandise, temporary structures and equipment. All temporary structures and equipment, merchandise, or placement and parking of vehicles in conjunction with the temporary sale shall conform to the minimum yard requirements of the district in which it is located. If the temporary use is not discontinued upon expiration of the permit, it shall be deemed a violation of the Land Development Code and shall be subject to the penalties therein. 3. Temporary sales permits may be issued to the owner(s) of a commercial establishment, or to the tenant(s) opera~g within a commercial estab- lishment with the approval of the property owner or property manager, provided said tenant provides documentation of a current Rnnual lease with the property owner. Uses permitted by an approved temporary sales permit shall be operated by the property owner or tenant(s), except as provided for in sections 2.6.33.6.5 and 2.6.33.6.6, below. 4. Temporary sales permits shall bo restricted to those zoning districts in which the sale of the items would normally be permitted. Further, the sales activity permitted by the temporary use permit sho_ll be related to Supp. No. 11 LDC2:211 2.6.33.6 COLLIER COUNTY LAND DEVELOPMENT CODE the principal commercial activities in operation on the subject property except as provided for in sections 2.6.33.6.5 and 2.6.33.6.6, below. The issuance of a temporary use permit shall not be issued for undeveloped properties. 5. The plnnning services director may issue temporary use permits for satellite locations subject to the applicable restrictions set forth in this section, provided the applicant currently operates a business from a permanent approved commercial location within Collier County. Addi- tionally, the purpose of the temporary sale shall be the same as the principal purpose of the existing commercial business of the applicant. 6. The pl~nnlng services director may, in determinin~ a specific benefit to the public, grant a temporary use permit to facilitate the sale of an item or items not generally available within a specific planning community, subject to the applicable restrictions set forth i~ this section. 7. Prior to the issuance of a temporary sales permit, a complete application, along with a conceptual site plan, shall be submitted to p]An~ing services director. The conceptual plan, when reviewed in conjunction with the application, shall be of the appropriate scale and detail to adequately describe and define: (a) Vehicular and pedestrian trAt~c safety measures. (b) Additional pari~/ng requirements. A mg~m,,m of ten percent of the parking required by division 2.3 of this Code may be occupied or otherwise rendered unusable by the placement of temporary struc- tures, equipment, si//ns and merchandise. The mlnlm,,m required number of handicapped pari~in~ spaces pursuant to division 2.3 shall remain available for usage. (c) T.imlted activity hours. (d) Watchmen, fencing, lighting. (e) Fire protection measures. if) S~itary facilities. If required, a faithful performance bond to guarantee compliance with the conditions of the permit. 8. In m~lr/ng such approval, the planning services director may stipulate requirements, or restrictions as he deems appropriate in the case. 9. A multi-tenant building often or more businesses with annual leases may utilize a mA~/m,,m of 42 days per calendar year for temporary sales. Garage sales: In the case of garage sales, lawn sales and other similar temporary sales to be held at private homes, churches and other places of worship, comm,mity centers, or other nonprofit residentially zoned insti- Supp. No. 11 LDC2:212 2.6.33.7. tutions, the code enforcement director may issue one two-day Permit for such events during each six-month period. Such permit may include the use of temporary signs located on the property where the sale is being held, l~mited to a m~-ir~um of two signs, no greater than four square feet each. No signs shall be placed in any public rights-of-way. If the temporary use is not discontinued upon expiration of the permit, it shall be considered a violation of the Land Development Code and shall be subject to the penalties herein. Temporary seasonal sales. A nonrenewable five-week permit may be issued for seasonal and holiday related temporary sales subject to the following restric- tions. 1. Temporary use permits for seasonal sales may be issued for the following season/holiday related items: (a) Christmas trees. (b) Fireworks (subject to the issuance of an approved permit by the jurisdictional fire district). (c) Pumping. 2. Temporary use permits for seasonal sales may be issued on improved or uoimproved properties provided the applicant submits a conceptual site plan which demonstrates that provisions will be made to adequately address the following. (a) Vehicular and pedestrian traffic safety measures. (b) Adequate on-site, or additional off-site parking areas for proved properties. A m~i,num of ten percent of the parking re- quired by division 2.3 of this Code may be occupied or otherwise rendered unusable by the placement of temporary structures, equip- ment, signs and merchandise. The minimum required number of handicapped parking spaces pursuant to division 2.3 shall remain available for usage. (c) T,i,-ited activity hours. (d) Watchmen, fencing, light, lng. (e) Fire protection measures. (f) S~nltary facilities. 3. The applicant sho)l provide a notarized letter from the property owner or the property manager granting permission to utilize the subject property for the temporary seasonal sale. 4. Temporary use permits for seasonal/holiday sales may, in support of the use being permitted, include the placement of one sign, a mo~m~,m of 32 Supp. No. 11 LDC2:213 2.6.33.7 COLLIER COUNTY LAND DEVELOPMENT CODE 2.6.33.8. 2.6.33.8.1. 2.6.33.8.2. square feet, or two such signs for properties cont~inln~ more than one street frontage, as well as merchandise, temporary structures and equipment. If the temporary use is not discontinued upon expiration of the permit, it shall be deemed a violation of the Land Development Code and shall be subject to the penalties therein. Permit required. A permit shall be required for the following activities t~i~ng place, in conjunction with commercial motion picture, ~lm~ television, video or still photography production: the use of set scenery, temporary structures or other apparatus, special effects, or closure of public streets or accessways. This Code shall not apply to bona fide newspaper, press aasodation, newsreel or television news media personnel, nor to properties that have been zoned to allow motion picture/television filming as a permitted use. Application for permit; contents. Any person, firm, corporation, association or governmental entity desiring to obtain a permit shall apply to the planning services director; and said application shall include but not be limited to the following. 1. Name, address (including local address) and telephone n,,mber of appli- cant. 2. Proof of comprehensive general liability insurance coverage in the Amount of at least $1,000,000.00 combined single limit, with Collier County named as an additional insured. The applicant shall provide to the planning services director a certificate of insurance evidendug that said insurance is in effect and certifying that Collier County be given 30 days' notice prior to the expiration or cancellation of the policy. 3. Special effects to be utilized, especially incendiary or explosive devices, with proof of not less than $5,000,000.00 comprehensive general liability insurance combined single limit with Collier County listed as additional insured. In addition, the application shall list the person in charge (pyrotechnician) of such spedal effects, together with his qoolifications and license from the applicable federal and/or state agencies, and authorization from the local fire district permitting the event. Locations, dates and hours of filming. The following information is required by the pl~,~nlng services director, nnless waived: a. A conceptual plan indicating the location of t~ilm events and parking facilities provided. b. Plans for construction or utilization of structures on subject site(s). Supp. No. 11 LDC2:214 2.6.33.8.3. 2.6.33.8.4. ZONING 2.6.33.8.4 c. Number, type and location of sanitation fadlities to be provided. Plans for disposal of refuse and debris, and restoration of the site(s) to its original condition. d. A description of any lighting facilities that would be. necessary and/or the need to disconnect any public lighting. e. A description of any use which may encroach into environmentany sensitive areas. f. Approxdmate number and type of vehicles and/or equipment to be used and any special parking requirements. The n~mber of person- nel to be on location with the product/on. g. Necessity for closures of public streets or sidewRllrs and for what duration and location. " h. An indication of any utilization of aircraflfnxed-wing,' helicopter, or balloons at the subject sits(s). i. List of county personnel or equipment requested, and an agreement to pay for extraordinary services provided by Collier County. j. Provisions for trRffic control, fire safety and security precautions. k. If located on private property, not under the connty's ownership or control, a written notarized agreement from the property owner to allow the fl]mlng to OCCur on his property. 1. Additional information requested to assist Collier County in obtain- ing future fire production. Insurance requirements. The applicant shall main_~in in force at all times during the permit period, a comprehensive general liability policy with I/mlts other than those described in section 2.6.33.8.2.2 and 2.6.33.8.2.3 of this Code as determined by the risk management director upon a review of the particular airc~mstances involved. Said applicant shall provide to the plnnnln..~ services director a certificate of insurance as evidenced that said insurance is in existence and certifying that Collier County is a Dsmed insured, and that Collier County be given 30 days' notice prior to the expiration or cancellation of the policy. Any additional insurance requirements for 6lmlng on private property will be at the discretion of the affected property owner. Indemnification. The applicant shall be required to indemnify and hold harmless Collier County, its officers, agents and employees from and against all ClAims, Suits, actions, damages, liabilities, expenditures or causes of action arising out of or occurring during the activities of applicant under a permit issued hereupon in the form and manner provided by the planning services director. Supp. No. 11 LDC2:215 COLLIER COUNTY LAND DEVELOPMENT CODE 2.6.33.8.5 2.6.33.8.5. 2.6.33.8.6. 2.6.33.8.7. 2.6.33.8.8. 2.6.~.8.9. 2.6.33.9. 2.6.33.9.1. Permit fee. No permit fee shall be required. Any additiOnal license or user fees which have been estabUshed for county-owned land or facilities shall be in effect. Issuance of permit. Upon presentation of the completed application, proof of insurance, payment of permit fee, surety bond or cash payment in lieu of the bond and review by the plannk~ services director, the permit may be issued. If the planning services director determl-es that the use of public or private property could affect the public's use of the property, or have potential adverse impacts on surrounding properties, then he may require that the permit application be scheduled for a public hearin~ before the board of county commissioners. The special ciro,mstances could include, but are not limited to, closure of a public street or accessway; use of special effects, inclu&ir~ incendiary or explosive devices; a large production crew or crowd control; and increased liability insurance required. The notice for the public hearing shall be advertised in a newspaper of general circulation in the county at least one time 15 days prior to the hearing. Suspension ofpermit. Failure to comply with the terms and conditions of the temporary use permit once issued shall be grounds for immediate suspension of the perafitt~l activity until such time as the noncompliance is remedied. The suspension shall be initially comml~iicated verbally, followed by a written suspension order; and continued failure to comply with the terms and conditions of the permit may result in revocation of the pernfit. Costs for extraordinary services. The county shall recover direct costs for ext~aordinury services rendered in connection with a production. Such costs shall include, but not ]imlted to, charges for personnel and/or equipment committed in support of the production which are outside the nOrmal scope of government services. Based on the information contained in the permit application, an estimate of these costs will be provided to the applicant prior to issuance of this permit. The county may require prepayment of all or a portion of these estimated costs prior to issuance of the permit. At the conclusion of the production, actual costs below or in excess of the estimates will be refunded by the county or paid by the applicant, respectively. Surety bond. A surety bond in an amount to be determined by Collier County and issued by a company authorized to issue bends in Florida or cash payment in lieu of the bond may be required by the planning services director to provide for cleanup and/or resWration of the subject site(s). Temporary sports events, religious events, and community events. In the case of sports events, religious events, community events, or other similar events sponsored by profit, nonprofit, charitable, c/vii, or membership organizations the p]~nnirlg services director nlsy grant nonrenewable permits Supp. No. 11 LDC2:216 ZONING 2.6.34.3.2 2.6.33.9.2. 2.6.33.9.3. 2.6.33.9.4. of up to two weeks' duration, such that during any calendar year the s,m total of all permits for such events does not exceed 28 days.~~~ board ef;'~ty' com~l~; Such speaal approval snail oe suojec~ ~o stipulations or additional constrA_ ints deemed neCessary and appropriate to the request. Such stipulations or constraints deemed neCessary by the board of county commissioners shall be noted as conditions to the issuance of said permits; and the permittee shall be required to sign a notarized agreement to said stipulations or constrRints. Temporary permits may, in support of the use being permitted, include' the placement of si~s, merchandise, structures and equipment, and a mobile home as an office, but not for residency. If the temporary use is not discontin- ued upon expiration of the permit, it shall be deemed a violation of the Land Development Code and shall be subject to the penalties therein. .. Temporary permits in this category shall be restricted to those zoning districts in which the use would normally be permitted, t~-n~i~ .appeoved*~: the ~'of county-commi~m~rs via ,a public ~ ~~ The plonning services director shall accept without fee, temporary use permit applications for sports events, religious events, community events, or other similar events, upon presentation of doc~_~mentation that the sponsor of the event is a bona fide nonprofit organization and the event is intended to benefit the community at large, a specific group of individuals, or the bona fide nonprofit organization. Two such events per calendar year per organization are eligible for this exemption. (Ord. No. 92-73, § 2; Ord. No. 93-89, § 3; Ord. No. 94-27, § 3; Ord. No. 94-58, § 3; Ord. No. 95-58, § 3; Ord. No. 96-21, § 3; Ord. No. 99-46, § 3.D.; Ord. No. 00-8, § 3.F.; Ord. No. 00-43, § 3.F.; Ord. No. 00-92, § 3.D.; Ord. No. 02-3, § 3.E.) Sec. 2.624. Ann-si beach events permit. 2.6.34.3.1. The owner of beach-front cowmercial hotel-resort property shall apply for an onnual beach events permit. The planning services director, or his designee, may grant the permit following review of an application for such permit. The application shall be submitted on the form prescribed by Collier County together with the applicable fee for the number of planned annual beach events as indicated on the permit form and exhibits thereto. Permits issued pursuant to this section are not intended to authorize any violation of F.S. § 370.12, or any of the provisions of the Endangered Species Act of 1973, as it may be omended. 2.6.34.3.2. For purposes of this section, a '~each event" shall mean and refer to any social, recreational or entertainment event (whether public or private), conducted on the beach and satisfying one or more of the following criteria: 1. The event involves the use of alning/picnic tables and chairs, servin~ tables, or other andllary equipment typically used to serve an on-site mP~ or Supp. No. 13 LDC2:217