Backup Documents 06/19/2002 LDCBOARD OF COUNTY
COMMISSIONERS
SPECIAL MEETING
JUNE 19, 2002
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
June 19, 2002
5:05 p.m.
NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM
MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER
WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE
AGENDA ITEM TO BE ADDRESSED.
COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL
LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES
(INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF
COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE
BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON
THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION
TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF
THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS".
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD
WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO,
AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD
OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5)
MINUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY
THE CHAIRMAN.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,
YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF
CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY
June 19, 2002
- FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST
TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (941) 774-8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN
THE COUNTY COMMISSIONERS' OFFICE.
1. PLEDGE OF ALLEGIANCE
2. AGENDA
A. AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS
AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE,
WHICH INCLUDES THE COMPREHENSIVE REGULATIONS FOR
THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA,
BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO,
FINDINGS OF FACT: SECTION THREE, ADOPTION OF
AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE
SPECIFICALLY AMENDING THE FOLLOWING: ARTICLE 2,
ZONING, DIVISION 2.1. GENERAL; DIVISION 2.2. ZONING
DISTRICTS, PERMITTED USES, CONDITIONAL USES,
DIMENSIONAL STANDARDS INCLUDING REVISIONS TO THE C-1
THROUGH C-5 AND INDUSTRIAL ZONING DISTRICTS LIST OF
PERMITTED AND CONDITIONAL USES; DIVISION 2.4
LANDSCAPING AND BUFFERING; DIVISION 2.6 SUPPLEMENTAL
DISTRICT REGULATIONS; DIVISION 2.7 ZONING
ADMINISTRATION AND PROCEDURES; DIVISION 3.2
SUBDIVISIONS; DIVISION 3.3 SITE DEVELOPMENT PLANS;
DIVISION 3.13 COASTAL CONSTRUCTION SETBACK LINE
VARIANCE; DIVISION 3.15 ADEQUATE PUBLIC FACILITIES;
ARTICLE 6, DEFINITIONS DIVISION 6.3 INCLUDING BUT NOT
LIMITED TO THE DEFINITION FOR THE TERM HOTEL SUITE;
SECTION FIVE, ADOPTION OF AMENDED ZONING ATLAS MAP;
SECITON SEVEN, CONFLICT AND SEVERABILITY; SECTION
EIGHT, INCLUSION IN THE COLLIER COUNTY LAND
DEVELOPMENT CODE; AND SECTION NINE, EFFECTIVE DATE.
Ordinance 2002-31 Adopted with changes - 4/0 (Commissioner Coyle
out)
Added:
2
June 19, 2002
- B. AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS
AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE
FOR THE UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA BY PROVIDING FOR: SECTION ONE: RECITALS;
SECTION TWO: FINDINGS; SECTION THREE:AMENDMENTS TO
THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY
AMENDING SUBSECTION 2.2.30. AND SUBSECTION 2.2.31.
RESPECTIVELY TO EXTEND THE DURATION OF THE
MORATORIUM ESTABLISHED BY ADMINISTRATION
COMMISSION FINAL ORDER IN CASE NUMBER ACC NO. 99-002
RELATING TO THE INTERIM NATURAL RESOURCE PROTECTION
AREAS WITHIN THE RURAL AREA SUBJECT TO SAID ORDER AND
FOR THE RURAL AREA (INCLUDING THE RURAL FRINGE AND
EASTERN LANDS AREAS) SUBJECT TO SAID ORDER UNTIL SUCH
TIME AS THE GROWTH MANAGEMENT PLAN AMENDMENTS
AND LAND DEVELOPMENT REGULATIONS NECESSARY TO
IMPLEMENT SAID FINAL ORDER BECOME LEGALLY EFFECTIVE;
SECTION FOUR: CONFLICT AND SEVERABILITY; FIVE:
INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT
-- CODE; AND SECTION SIX: EFFECTIVE DATE.
Ordinance 2002-30 Adopted- 5/0
3. ADJOURN
4. INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA
SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-
8383.
3
June 19,2002
MAY-24-2002 10:33 FROM:COLLIER ENG SERUICES 9412152918 T0:774 8408 P. 1~1
COLLIER COUNTY FLORIDA
REQUEST FOR LEG/%L ADVERTISING OF PUBLIC I~EARINGS
To: Clerk to the Board: Please place the following as n:
XXX Normal legal Advert:semen! [] Othcr~
(Display Adv., location, etc.)
Originating Dc'pt/Div; Comm. Dcv. Serv/Pla.nning Person: Susan Murray Date: 5/24/02
petition No. (lfnone, givc brief description): LDC-20~)2-CyCle 1 ~)LDC amendments
Petitioner: (Name&Address): Planning Services 2800 N. Horseshoe Drive
Name & Ad&ess of any person(s) to be notified by Clerk's Office: (If more spacc is needed, attach separate sheet)
Newspaper(s} to be used'. ( o-"C--~lete onlyff important):
XXX Naples Daily News Other
Proposed Text: (Include legal description & common location & Size:
LDC-2OO2-Cyclo ri LDC amendmants - See attached rOrdina.nce title
ColllpanlOP petition(s), if any & proposed hearing date:
Does Petition Fcc include advertising cost? ~ [] No If Yes, what a¢counl should be charged for advertising costa:
113-138312-649110 Approved by:
Reviewed by: /
/Division Head Date County,Manager
List Attacbmcnts:
DISTRIBUTION II~TRtJCT1ON~r
A. For bearings before BCC or BZA: Initiating person tn'¢omptete o~ecoy and ol~ain Division l-lc. ali approval before
submitting in Count~ Manager. Note: If legal document is involved, be sure flint any necessary legal review;or request
for same, is submitted t'o county Attorney tn:for~ submlitin~ to County Manager. The Manager's office will distribute
copies:
[~ County Manage~ ag~ait~ {'tit: ,to [] Requ~:stint Division [] Original
Clerk's Office
B. Other hearings: lmtiatmg Division head to approve and subroit original to Clerk's Off, cc, retaining a copy for file:
FOR CLERK'S OFFICE USE ONLY: _
ORDINANCE NO. 02- ~
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102,
AS AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE, WHICH INCLUDES THE
COMPREHENSIVE REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA,
BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION
TWO, FINDINGS OF FACT: SECTION THREE, ADOPTION OF
AMENDMENTS TO THE LAND DEVELOPMENT CODE,
MORE SPCIFICALLY AMENDING THE FOLLOWING:
ARTICLE 2, ZONING, DIVISION 2.1. GENERAL; DIVISION 2.2.
ZONING DISTRICTS, PERMITTED USES, CONDITIONAL
USES, DIMENSIONAL STANDARDS INCLUDING REVISIONS
TO THE C-1 THROUGH C-5 AND INDUSTRIAL ZONING
DISTRICTS LIST OF PERMITTED AND CONDITIONAL USES;
DIVISION 2.4 LANDSCAPING AND BUFFERING; DIVISION 2.6
SUPPLEMENTAL DISTRICT REGULATIONS; DIVISION 2.7
ZONING ADMINISTRATION AND PROCEDURES; DIVISION
2.8 ARCHITECTURAL AND SITE DESIGN STANDARDS AND
GUIDELINES FOR COMMERCIAL BUILDINGS AND
PROJECTS; DIVISION 3.2 SUBDIVISIONS; DIVISION 3.3 SITE
DEVELOPMENT PLANS; DIVISION 3.13 COASTAL
CONSTRUCTION SETBACK LINE VARIANCE; SECTION
F()UR, CONFLICT AND SEVERABILITY; SECTION FIVE,
INCLUSION IN THE COLLIER COUNTY LAND
~' X
DEVELOPMENT CODE; AND SECTION SI , EFFECTIVE
DATE.
WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners adopted
Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LDC) , which has been
subsequently amended; and
WHEREAS, the LDC may not be amended more than two times in each calendar year unless
additional amendment cycles are approved by the Collier County Board of County Commissioners pursuant to
Section 1.19.1., LDC; and
WHEREAS, this is the first amendment to the LDC, Ordinance 91-102, for the calendar year 2002;
and
WHEREAS, on March 18, 1997, the Board of County Commissioners adopted Resolution 97-177
establishing local requirements and procedures for amending the LDC; and
WHEREAS, all requirements of Resolution 9%177 have been met; and
WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold
advertised public hearings on May 29, 2002, and June 19, 2002_. and did take action concerning these
amendments to the LDC; and
WHEREAS, the subject amendments to the LDC are hereby determined by this Board to be
consistent with and to implement the Collier County Growth Management Plan as required by Subsections
163.3194 (1) and 163.3202 (1), Florida Statutes; and
WHEREAS, all applicable substantive and procedural requirements of the law have been met.
1
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NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier
County, Florida, that:
SECTION ONE: RECITALS
The foregoing recitals are true and correct and incorporated by reference herein as if fully set forth.
SECTION TWO: FINDINGS OF FACT
The Board of County Commissioners of Collier County, Florida, hereby makes the following
findings of fact:
1. Collier County, pursuant to Sec. 163.3161, et seq., Fla. Stat., the Florida Local Government
Comprehensive Planning and Land Development Regulations Act (hereinafter the "Act"), is required to prepare
and adopt a Comprehensive Plan.
2. After adoption of the Comprehensive Plan, the Act and in particular Sec. 163-3202(1). Fla.
Stat., mandates that Collier County adopt land development regulations that are consistent with and implement
the adopted comprehensive plan.
3. Sec. 163.3201, Fla. Stat., provides that it is the intent of the Act that the adoption and
enforcement by Collier County of land development regulations for the total unincorporated area shall be based
on; be related to, and be a means of implementation for, the adopted Comprehensive Plan as required by the
Act.
4. Sec. 163.3194(1)(b), Fla. Stat., requires that all land development regulations enacted or
amended by Collier County be consistent with the adopted Comprehensive Plan, or element or portion thereof,
and any land development regulations existing at the time of adoption which are not consistent with the adopted
Comprehensive Plan, or element or portion thereof, shall be amended so as to be consistent.
5. Sec. 163.3202(3), Fla. Stat., states that the Act shall be construed to encourage the use of
innovative land development regulations.
6. On January 10, 1989, Collier County adopted the Collier County Growth Management Plan
(hereinafter the "Growth Management Plan" or "GMP") as its Comprehensive Plan pursuant to the requirements
of Sec. 1634.3161 et seq. Fla. Stat., and Rule 9J-5, F.A.C.
7. Sec. 163.3194(1)(a), Fla. Stat., mandates that after a Comprehensive Plan, or element or
portion thereof, has been adopted in conformity with the Act, all development undertaken by, and all actions
taken in regard to development orders by, governmental agencies in regard to land covered by such
Comprehensive Plan or element or portion thereof shall be consistent with such Comprehensive Plan or element
or portion thereof.
8. Pursuant to Sec. 163.3194(3)(a), Fla. Stat., a development order or land development
regulation shall be consistent with the Comprehensive Plan if the land uses, densities or intensities, in the
Comprehensive Plan and if it meets all other criteria enumerated by the local government.
9. Section 163.3194(3)(b). Fla. Stat., requires that a development approved or undertaken by a
local government shall be consistent with the Comprehensive Plan if the land uses, densities or intensities,
capacity or size, timing, and other aspects of development are compatible with, and further the objectives,
policies, land uses, densities or intensities in the Comprehensive Plan and if it meets all other criteria
enumerated by the local government.
10. On October 30, 1991, Collier County adopted the Collier County Land Development Code,
which became effective on November 13, 1991 and may be amended twice annually.
11. Collier County finds that the Land Development Code is intended and necessary to preserve
and enhance the present advantages that exist in Collier County; encourage the most appropriate use of land,
water and resources, consistent with the public interest; overcome present handicaps; and deal effectively with
future problems that may result from the use and development of land within the total unincorporated are of
Collier County and it is intended that this Land Development Code preserve, promote, protect, and improve the
2
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public health, safety, comfort, good order, appearance, convenience, and general welfare of Collier County;
prevent the overcrowding of land and avoid the undue concentration of population; facilitate the adequate and
efficient provision of transportation, water, sewerage schools, parks, recreational facilities, housing, and other
requirements and services, conserve, develop, utilize, and protect natural resources within the jurisdiction of
Collier County; and protect human, environmental, social, and economic resources; and maintain through
orderly growth and development, the character and stability of present and future land uses and development in
Collier County.
12. It is the intent of the Board of County Commissioners of Collier County to implement the
Land Development Code in accordance with the provisions of the Collier County Comprehensive Plan, Chapter
125, Fla. Stat., and Chapter 163, Fla. Stat., and through these amendments to the Code.
SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE
SUBSECTION 3.A. AMENDMENTS TO DIVISION 2.1., GENERAL
Division 2.1., General, of Ordinance 91-102, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
DIVISION 2.1 GENERAL
Sec. 2.1.15. Prohibited uses and structures.
* * * * * *
S~SECTION 3.B. AMENDMENTS TO DIVISION 2.2., ZONING DISTRICTS,
PERMITTED USES, CONDITIONAL USES, DIMENSIONAL
STANDA~S,
Division 2.2., Zoning Districts, Pe~itted Uses, Conditional Uses, Dimensional Standards, of
Ordinance 91-102, as amended, of the Collier County Land Development Code, is hereby amended
to read as follows:
DIVISION 2.2., ZONING DISTRICTS, PERMITTED USES,
CONDITIONAL USES, DIMENSIONAL STANDARDS
Sec. 2.2.6. Residential multiple-family-12 district (RMF-12).
2.2.6.4.3. Minimum yard requirements.
1. Front yard - Thirty feet.
2. Side yards - One-half of the building height as measured from
each exte:4, ar ':,'all the first finished floor with a minimum of 15
feet. Where minimum floor elevations have been established by
law or permit requirements, the building height shall be measured
3
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...... ~,, are deleted, words underlined are added
from such required minimum floor elevations.
Sec. 2.2.7. Residential multiple-family-16 district (RMF-16)
2.2.7.4.3. Minimum yard requirements.
1. Front yard - One half of the building height as measured from each
e×te~.~r wa!! or wing of a structure the first finished floor with a
minimum of 30 feet. Where minimum floor elevations have been
established by law or permit requirements, the building height shall
be measured from such required minimum floor elevations.
2. Side yards - One-half of the building height as measured from
o.~, ~v,~.4 ...... ~' ^~ wing oc a ~*~'~ .... the first finished floor
with a minimum of 15 feet. Where minimum floor elevations have
been established by law or permit requirements, the building height
shall be measured from such required minimum floor elevations.
3. Rear yard - One-half the building height as measured from
~.~, ~v~.4 ...... , ..... :~ ~c ~ ~, .... ~ .... the first finished floor
with a minimum of 30 feet. Where minimum floor elevations
have been established by law or permit requirements, the building
height shall be measured from such required minimum floor
elevations.
Sec. 2.2.12. (C-1)Commerciai professional.......a:o'-;~°..~. ,---;t~ -,~ ~ and general office district.
2.2.12.1. Purpose and intent. The C-1 commercial professional and general office district is
intended to allow a concentration of office type buildings and land uses that are
most compatible with, and located near, residential areas. Most C-1 commercial
professional and general office districts are contiguous to, or when within a PUD
will be placed in close proximity to residential areas, and therefore serve as a
transitional zoning district between residential areas and higher intensity
commercial zoning districts. The types of office uses permitted are those that do
not have high traffic volumes throughout the day, which extend into the evening
hours. They will have morning and evening short-term peak conditions. The
market support for these office uses should be those with a localized basis of
market support as opposed to office functions requiring inter-jurisdictional and
regional market support. Because office functions have significant employment
characteristics, which are compounded when aggregations occur, certain personal
service uses shall be permitted, to provide a convenience to office-based
employment. Such convenience commercial uses shall be made an integral part
of an office building as opposed to the singular use of a building. Housing may
also be a component of this district as provided for through conditional use
approval.
2.2.12.2. Permitted uses. The following uses, as identified with a number from the Standard
Industrial Classification Manual (1987), or as otherwise provided for within this
section, are permitted as of fight, or as uses accessory to permitted uses in the C-1
commercial professional d~st~ct and general office district-the C !/T c.v, mmcrc~a!
2.2.12.2.1. Permitted uses.
1. Accounting, auditing and bookkeeping services (8721).
4
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2. Automobile parking (7521),...v..v,* c^~.v. *,.... .... ;-.,. parking lots only.
3. Barber shops (7241), except barber schools.
4. Beauty shops (7231), except beauty schools.
5. Business services (groups 7311, 7313, 7322--7331, 7338, 7361, 7371, 7372,
7374--7376, 7379).
6. Child day care services (8351).
7. Churches a'~'~ "*~ p!ace~ ~ ...... ~;.,
7__8. Group care facilities (category I and II, except for homeless shelters); care
units, except for homeless shelters; nursing homes; assisted living facilities
pursuant to F.S. § 400.402 and ch. 58A-5 F.A.C.; and continuing care
retirement communities pursuant to F.S. § 651 and ch. 4-193 F.A.C.; all
subject to section 2.6.26.
8_9. Offices for engineering, architectural, and surveying services (groups 0781,
8711--8713).
9_-tO. Health services (8011--8049).
10.__~. Individual and family social services (8322 activity centers, elderly or
handicapped; adult day care centers; and day care centers, adult and
handicapped only).
1 l~4-g.Insurance carders, agents and brokers (groups 6311--6399, 6411 ).
12.~. Legal services (8111).
13._~. Management and public relations services (groups 8741--8743, 8748).
144-5. Miscellaneous personal services (7291, 7299, debt counseling only).
15___~. Nondepositorycredit institutions (groups 6141--6163).
16.__~. Photographic studios (7221).
17___~. Physical fitness facilities (7991 permitted only when physically integrated
and operated in conjunction with another permitted use in this district - no stand
alone facilities shall be permitted).
18.__~. Real estate (groups 6531--6541).
19.~. Shoe repair shops and shoeshine parlors (7251).
20. Security and commodity brokers, dealer, exchanges and services (groups
6211-6289).
21. Transportation services (4724), travel agencies only.
5
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2.2.12.3. Conditional uses. The following uses are permissible as conditional uses in the
(C 1)commercial professional and general office district t, .... :,:~.,~ ,4~,.4., (r~ ~
C !/T), subject to the standards and procedures established in division 2.7.4.
1_ Automobile parking (7521), garages-automobile parking, parking
structures.
2_:. Churches and other places of worship.
34-. Civic, social and fraternal associations (8641).
4._g.Depository institutions (groups 6011--6099).
5g. Educational services (8211--8231), except regional libraries.
65. Homeless shelters, as defined by this Code.
7_6. Increased building height to a maximum of 50 feet.
8:7-. Mixed residential and commercial uses subject to the following criteria:
a. A site development plan is approved pursuant to division 3.3. that is
designed to protect the character of the residential uses and of the
neighboring lands;
b. The commercial uses in the development may be limited in hours of
operation, size of delivery trucks, and type of equipment;
c. The residential uses are designed so that they are compatible with the
commercial uses;
d. Residential dwelling units are located above principal uses;
e. Residential and commercial uses do not occupy the same floor of a
building;
f. The number of residential dwelling units shall be controlled by the
dimensional standards of the C-1, C l,rF district, together with the specific
requirement that in no instance shall the residential uses exceed 50 percent
of the gross floor area of the building;
g. Building height may not exceed two stories;
h. Each residential dwelling unit shall contain the following minimum floor
areas: efficiency and one-bedroom, 450 square feet; two-bedroom, 650
square feet; three-bedroom, 900 square feet;
i. A minimum of 30 percent of the mixed-use development shall be
maintained as open space. The following may be used to satisfy the open
space requirements: areas used to satisfy water management requirements,
landscaped areas, recreation areas, or setback areas not covered with
impervious surface or used for parking (parking lot islands may not be
used unless existing native vegetation is maintained);
j. The mixed commercial/residential structure shall be designed to enhance
compatibility of the commercial and residential uses through such
measures as, but not limited to, minimizing noise associated with
commercial uses; directing commercial lighting away from residential
units; and separating pedestrian and vehicular accessways and parking
areas from residential units, to the greatest extent possible.
6
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9_8. Nursing and personal care facilities (8082).
109. Funeral service a~l~:~aat~vi~ (7261 except crematories).
11~4-0. Religious organizations (8661).
12..__~.Soup kitchens, as defined by this Code.
13 -1~. Veterinarian's office (0742), excluding outdoor kenneling.
14. Any other commercial or professional use which is comparable in nature
with the foregoing list of permitted uses and consistent with the purpose and intent
statement of the district as determined by the Board of Zoning Appeals.
2.2.12.7. Special regulations [or C-1 goned properties adjacent to Residentially ~oned
lands.
2.2.12.7.1. The parking or overnight storage of fleet vehicles, or vehicles used in
conjunction with a commercial business in C-1 zoning districts shall occur within a
completely enclosed building, unless conditional use approval is granted for outdoor
storage of vehicles. Nonconforming uses that were otherwise lawful prior to the effective
date of this section of the ordinance shall comply with this ordinance, or any subsequent
amendment to this ordinance, within 180 days of its effective date.
Sec. 2.2.13. Commercial convenience district (C-2).
2.2.13.1. Purpose and intent. The purpose and intent of the commercial convenience
district (C-2) is to provide lands where commercial establishments may be located
to provide the small scale shopping and personal needs of the surrounding
residential land uses within convenient travel distance except to the extent that
office type uses and land uses carried forward from the C-1 district will expand
the traditional neighborhood size. However, the intent of this district is that retail
and service uses ~ be of a nature that can be economically supported by the
immediate residential environs. Therefore, the uses should allow for goods and
services that households require on a daily basis, as opposed to those goods and
services that households seek for the most favorable economic price and therefore
require much larger trade areas. It is intended that the C-2 district implements the
Collier County growth management plan within those areas designated
agricultural/rural; estates neighborhood center district of the Golden Gate Master
Plan; the neighborhood center district of the Immokalee Master Plan; and the
urban mixed use district of the future land use element permitted in accordance
with the locational criteria for commercial and the goals, objectives and policies
as identified in the future land use element of the Collier County growth
management plan. The maximum density permissible in the commercial
convenience district and the urban mixed use land use designation shall be
guided, in part, by the density rating system contained in the future land use
element of the Collier County growth management plan. The maximum density
permissible or permitted in a district shall not exceed the density permissible
under the density rating system.
2.2.13.2. Permitted uses. The following uses, as defined with a number from the Standard
Industrial Classification Manual (1987), or as otherwise provided for within this
section, are permitted as of right, or as uses accessory to permitted uses in the C-2
commercial convenience district.
2.2.13.2.1. Permitted uses.
7
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2A
1. Unless otherwise provided for in this section, all permitted uses and ali
conditional uses except increased height and mixed residential and
commercial uses of the C-I commercial professional d ....... and general
office district
2. Apparel and accessory stores 1800 with square feet or less of gross floor area
in the principal structure (groups 5611--5699).
3. Business services (groups 7311, 7313, 7322--7338, 7251 7371--7379, 7384).
4. Eating places with 2,800 square feet or less of gross floor area in the
principal structure (5812 except contract feeding, dinner theaters, food
service (institutional), industrial feeding).
5. Food stores with 2,800 square feet or less of gross floor area in the
principal structure (groups 5411 except supermarkets, 5421--5499).
6. Gasoline service stations (5541 subject to section 2.6.28).
7. General merchandise stores with 1,800 square feet or less of gross floor
area in the principal structure~o~,.r~'~' .' 5331, 5399).
8. Group care facilities (category I and II, except for homeless shelters); care
units, except for homeless shelters; nursing homes; assisted living facilities
pursuant to § 400.402 F.S. and ch. 58A-5 F.A.C.; and continuing care
retirement communities pursuant to § 651 F.S. and ch. 4-193 F.A.C.; all
subject to section 2.6.26.
9. Hardware stores with 1,800 square feet or less of gross floor area in the
principal structure (5251).
10. Health services (groups 8011--8049, 8082).
11. Home furniture, furnishing and equipment stores with 1,800 square feet or
less of gross floor area in the principal structure (groups 5713--5719, 5731--
5736).
12. Libraries (8231) except regional libraries.
13. Miscellaneous repair services, except aircraft, business and office machines,
large appliances, and white goods such as refrigerators and washing
machines (7629--7631).
14. Miscellaneous retail services with 1,800 square feet or less of gross floor
area in the principal structure (5912, 5942--5961).
156.Paint, glass and wallpaper stores with 1,800 square feet or less of gross floor
area in the principal structure (5231).
16_g. Personal services with 1,800 square feet or less of gross floor area in the
principal structure (groups 7212, 7215, 7221--7251, no beauty or barber
schools, 7291).
17_g. Security and commodity brokers, dealer, exchanges and services (groups
6211--6289).
189. United States Postal Service (4311 except major distribution center).
19___~. Veterinary services (0742 excluding outside kenneling).
8
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............. ~,, are deleted, words underlined are added
20_4. Videotape rental with 1,800 square feet or less of gross floor area in the
principal structure (7841).
2.2.13.3. Conditional uses. The following uses are pe~issible as conditional uses in the
commercial convenience dist6ct (C-2), subject to the standards and procedures
established in division 2.7.4.
1. Educational services (8221,8222) except regional librmes.
4.2= Homeless shelters, as defined by this Code.
2.2. Mixed residential and commercial uses subject to the following c~teda:
a. A site development plan is approved pursuant to division 3.3 that is
designed to protect the character of the residential uses and neighbo~ng
lands;
b. The commercial uses in the development may be limited in hours of
operation, size of delivery tracks, and type of equipment;
c. The residential uses are designed so that they are compatible with the
commercial uses;
d. Residential dwelling units are located above p~ncipal uses;
e. ~esidential and commercial uses do not occupy the same floor of a
building;
f. The number of residential dwelling units shall be controlled by the
dimensional standards of the C-2 district, together with the specific
requirement that in no instance shall the residential uses exceed 50 percent
of the gross floor area of the building or the density pe~itted under the
growth management plan;
g. Building height may not exceed two sto~es;
h. Each residential dwelling unit shall contain the following minimum floor
areas: efficiency and one-bedroom, 450 squ~e feet; two-bedroom, 650
square feet; three-bedroom, 900 square feet;
i. The residential dwelling units shall be rest~cted to occupancy by the
owners or lessees of the commercial units below;
j. A minimum of 30 percent of the mixed use development shall be
maintained as open space. The following may be used to satisfy the open
space requirements: areas used to satisfy water management requirements;
landscaped areas; recreation areas; or setback ~eas not covered with
impervious surface or used for parking (parking lot islands may not be
used unless existing native vegetation is maintained);
k. The mixed commercial/residential structure shall be designed to enhance
compatibility of the commercial and residential uses through such
measures as, but not limited to, minimizing noise associated with
commercial uses; directing commercial lighting away kom residential
units; and separating pedestrian and vehicul~ accessways and parking
areas kom residential units, to the greatest extent possible.
9
Words~' .... ~ +~ ..... ~
............. 6.. are deleted, words underlined are added
4. Permitted personal service, video rental or retail uses with more than 1,800 square
feet of gross floor area in the principal structure.
5. Permitted food service (eating places or food stores) uses with more than 2,800
square feet of gross floor area in the permitted principal structure.
6__~. Soup kitchens, as defined by this Code.
7. Any other convenience commercial use which is comparable in nature with the
foregoing list of permitted uses and consistent with purpose and intent statement of the
district, as determined by the Board of Zoning Appeals.
2.2.13.8. Special regulations for C-2 goned properties adjacent to residentially zoned
lands.
2.2.13.8.1. The parking or overnight storage of fleet vehicles, or vehicles used in
conjunction with a commercial business in a C-2 zoning district shall occur within a
completely enclosed building, unless conditional use approval is granted for outdoor
storage of vehicles. Nonconforming uses: that were otherwise lawful prior to the effective
date of this section of the ordinance shall comply with this ordinance, or any subsequent
amendment to this ordinance, within 180 days of its effective date.
Sec. 2.2.14. Commercial intermediate district (C-3).
2.2.14.1. Purpose and intent. The purpose and intent of the commercial intermediate
district (C-3) is to provide for a wider variety of goods and services intended for
areas expected to receive a higher degree of automobile traffic. The type and
variety of goods and services are those that provide an opportunity for comparison
shopping and have a trade area consisting of several neighborhoods and are
preferably located at the intersection of two arterial level streets. Most activity
centers meet this standard. This district is also intended to allow all of the uses
permitted in the C-1 and C-2 zoning districts typically aggregated in planned
shopping centers. This district is not intended to permit wholesaling types of
uses, or land uses that have associated with them the need for outdoor storage of
equipment and merchandise. A mixed-use project containing a residential
component is permitted in this district subject to the criteria established herein.
The C-3 district is permitted in accordance with the locational criteria for
commercial and the goals, objectives and policies as identified in the future land
use element of the Collier County growth management plan. The maximum
density permissible in the commercial intermediate district and the urban mixed
use land use designation shall be guided, in part, by the density rating system
contained in the future land use element of the Collier County growth
management plan. The maximum density permissible or permitted in a district
shall not exceed the density permissible under the density rating system.
2.2.14.2. Permitted uses. The following uses, as defined with a number from the Standard
Industrial Classification Manual (1987), or as otherwise provided for within this
section, are permitted as of right, or as uses accessory to permitted uses in the
commercial intermediate district (C-3).
2.2.14.2.1. Permitted uses.
1. Unless otherwise provided for in this section, all permitted uses of the C-2
commercial convenience district.
10
Words ..... ~' '~' ..... ~'
............. ~,,, are deleted, words underlined are added
2. Apparel and accessory stores with 5,000 square feet or less of gross floor area
in the principal structure (groups 5611--5699).
3. Auto and home supply stores with 5,000 square feet or less of gross floor area
in the principal structure (5531).
4. Automotive services (7549) except that this shall not be construed to permit
the activity of "wrecker service (towing) automobiles, road and towing
service."
5. Business services (groups 7311, 7313, 7322--7338, 7361--7379, 7384, 7389
except auctioneering service, automobile recovery, automobile repossession,
batik work, bottle exchanges, bronzing, cloth cutting, contractors'
disbursement, cosmetic kits, cotton inspection, cotton sampler, directories -
telephone, drive-away automobile, exhibits-building, filling pressure
containers, field warehousing, fire extinguisher, floats-decoration, folding and
refolding, gas systems, bottle labeling, liquidation services, metal slitting and
shearing, packaging and labeling, patrol of electric transmission or gas lines,
pipeline or powerline inspection, press clipping service, recording studios,
repossession service, rug binding, salvaging of damaged merchandise, scrap
steel cutting and slitting, shrinking textiles, solvent recovery, sponging
textiles, swimming pool cleaning, tape slitting, texture designers, textile
folding, tobacco sheeting, window trimming, and yacht brokers).
6. Eating places with 6,000 square feet or less in gross floor area in the principal
structure (5812 only). All establishments engaged in the retail sale of
alcoholic beverages for on-premise consumption are subject to locational
requirements of section 2.6.10.
7. Food stores with 5,000 square feet or less of gross floor area in the principal
structure (groups 5411--5499).
8. General merchandise stores with 5,000 square feet or less of gross floor area
in the principal structure (groups 52 ! ! 5331-5399).
9. Group care facilities (category I and II, except for homeless shelters); care
units, except for homeless shelters; nursing homes; assisted living facilities
pursuant to § 400.402 F.S. and ch. 58A-5 F.A.C.; and continuing care
retirement communities pursuant to § 651 F.S. and ch. 4-193 F.A.C.; all
subject to section 2.6.26.
10. [Reserved.]
11. Home furniture, furnishing, and equipment stores with 5,000 square feet or
less of gross floor area in the principal structure (groups 5712-5736).
12. Libraries (8231).
13. Marinas (4493), subject to section 2.6.22.
14. Membership organizations (8611--8699).
15. Miscellaneous repair services (groups 7629-7631, 7699 bicycle repair,
binocular repair, camera repair, key duplicating, lawnmower repair, leather
goods repair, locksmith shop, picture framing, and pocketbook repair only).
16. Miscellaneous retail with 5,000 square feet or less of gross floor area, except
drug stores (groups 5912--5963 except pawnshops and building materials,
5992--5999 except auction rooms, awning shops, gravestones, hot tubs,
monuments, swimming pools, tombstones and whirlpool baths).
17. Museums and art galleries (8412) art galleries only.
11
Words ~* .... ~' *~' ..... ~'
............. ~,,, are deleted, words underlined are added
2A
18. Nondepository credit institutions (groups 6111--6163).
19. Paint, glass and wallpaper stores with 5,000 square feet or less of gross floor
area in the principal structure (5231).
20. Personal services with 5,000 square feet or less of gross floor area in the
principal structure (groups 7211, 7212, 7215, 7216 nonindustrial dry cleaning
only, 7221--7251, 7291, 7299 babysitting bureaus, clothing rental, costume
rental, dating service, depilatory salons, diet workshops, dress suit rental,
electrolysis, genealogical investigation service, and hair removal only).
21. Physical fitness facilities (7991)
21.22 Public administration (groups 9111--9199, 9229, 9311, 9411--9451, 9511--
9532, 9611--9661).
22.23. Retail nurseries, lawn and garden supply stores with 5,000 square feet or less
of gross floor area in the principal structure (5261).
g--3. 24. Veterinary services (groups 0742, 0752 excluding outside kenneling).
Lz4. 25. Videotape rental with 5,000 square feet or less of gross floor area in the
principal structure (7841).
-3-5. 26. United States Postal Service (4311 except major distribution centers).
Lz6. 27. Any use which was permissible under the prior GRC zoning district and
which was lawfully existing prior to the adoption of this Code.
2.2.14.3. Conditional uses. The following uses are permissible as conditional uses in the
commercial intermediate district (C-3), subject to the standards and procedures
established in division 2.7.4.
1. Amusements and recreation services (groups 7911, 7922 community
theaters only, 7933, 7991, 7993, 7999 boat rental, miniature golf course,
bicycle and moped rental, rental of beach chairs and accessories only).
2. Drinking places (5813) excluding bottle clubs. All establishments engaged
in the retail sale of alcoholic beverages for on-premise consumption are
subject to the locational requirements of section 2.6.10.
3. Educational services (8221, 8222)
4_~. Homeless shelters, as defined by this Code.
5_4. Hospitals (groups 8062--8069).
6_6. Justice, public order and safety (groups 9211 927,, 9221, 9222, 9224,
9229).
76. Social services (8322--8399).
8:3. Mixed residential and commercial uses, subject to the following criteria:
12
Words :track through are deleted, words underlined are added
a. A site development plan is approved pursuant to division 3.3 that is
designed to protect the character of the residential uses and
neighboring lands;
b. The commercial uses in the development may be limited in hours of
operation, size of delivery trucks, and type of equipment;
c. The residential uses are designed so that they are compatible with the
commercial uses;
d. Residential dwelling units are located above principal uses;
e. Residential and commercial uses do not occupy the same floor of a
building;
f. The number of residential dwelling units shall be controlled by the
dimensional standards of the C-3 district, together with the specific
requirement that in no instance shall the residential uses exceed 50
percent of the gross floor area of the building or the density
permitted under the growth management plan;
g. Building height may not exceed two stories;
h. Each residential dwelling unit shall contain the following minimum
floor areas: efficiency and one-bedroom, 450 square feet; two-
bedroom, 650 square feet; three-bedroom, 900 square feet;
i. The residential dwelling units shall be restricted to occupancy by the
owners or lessees of the commercial units below;
j. A minimum of 30 percent of the mixed-use development shall be
maintained as open space. The following may be used to satisfy the
open space requirements: areas used to satisfy water management
requirements; landscaped areas; recreation areas; or setback areas
not covered with impervious surface or used for parking (parking lot
islands may not be used unless existing native vegetation is
maintained);
k. The mixed commercial/residential structure shall be designed to
enhance compatibility of the commercial and residential uses
through such measures as, but not limited to, minimizing noise
associated with commercial uses; directing commercial lighting
away from residential units; and separating pedestrian and vehicular
accessways and parking areas from residential units, to the greatest
extent possible.
9_g. Motion picture theaters, except drive-in (7832).
10. Permitted personal services, video rental or retail uses (excluding drug stores
($912)), with more than $,000 square feet of gross floor area in the principal
structure.
11. Permitted food service (eating places) uses with more than 6,000 square feet
of gross floor area in the principal structure.
12__~. Permitted use with less than 700 square feet gross floor area in the principal
structure.
13__~. Soup kitchens, as defined by this Code.
14.___~. Vocational schools (8243--8299).
13
Words °* .... v,~ ..... ~.
............. ~,. are deleted, words underlined are added
15. Any other intermediate commercial use which is comparable in nature with
the foregoing list of permitted uses and consistent with the permitted uses
and purpose and intent statement of the district, as determined by the Board
of Zoning Appeals.
2.2.14.8. Special regulations for C-3 zoned properties ad[acent to residentially zoned
lands.
2.2.14.8.1. The parking or overnight storage of fleet vehicles, or vehicles used in
conjunction with a commercial business in a C-3 zoning district shall occur within a
completely enclosed building, unless conditional use approval is granted for outdoor
storage of vehicles. Nonconforming uses that were otherwise lawful prior to the effective
date of this section of the ordinance shall comply with this ordinance, or any subsequent
amendment to this ordinance, within 180 days of its effective date.
Sec. 2.2.15. General commercial district (C-4).
2.2.15.1. Purpose and intent. The general commercial district is intended to provide for
those types of land uses that attract large segments of the population at the same
time by virtue of scale, coupled with the type of activity. The purpose and intent
of the C-4 district is to provide the opportunity for the most diverse types of
commercial activities delivering goods and services, including entertainment and
recreational attractions, at a larger scale then the C-1 through C-3 districts. As
such, all of the uses permitted in the C-1 through C-3 districts are also permitted
in the C-4 district. The outside storage of merchandise and equipment is
prohibited, except to the extent that it is associated with the commercial activity
conducted on site such as but not limited to automobile sales, marine vessels, and
the renting and leasing of equipment. Activity centers are suitable locations for
the uses permitted by the C-4 district because most activity centers are located at
the intersection of arterial roads; therefore the uses in the C-4 district can most be
sustained by the transportation network of major roads. The C-4 district is
permitted in accordance with the locational criteria for commercial and the goals,
objectives and policies as identified in the future land use element of the Collier
County growth management plan. The maximum density permissible or permitted
in a district shall not exceed the density permissible under the density rating
system.
2.2.15.2. Permitted uses. The following uses, as identified within the Standard Industrial
Classification Manual, or as otherwise provided for within this section, are
permitted as of right, or as uses accessory to permitted uses in the general
commercial district (C-4).
2.2.15.2.1. Permitted uses.
1. Unless otherwise provided for in this Code, all permitted uses in the C-3
commercial intermediate district.
2. Agricultural services (groups 0741 except outdoor kenneling, 0742 except
outdoor kenneling, 0752, except outdoor kenneling-0783
3. Amusements and recreation services, indoor (groups 7911--7941, 7991--
7993, 7997, 7999), outdoor (7999), including only fishing piers and lakes
operation, houseboat rental, pleasure boat rental, operation of party fishing
boats, canoe rental.
4. Automotive dealers and gasoline service stations (groups 5511,5531, 5541
with services and repairs as described in section 2.6.28, 5571, 5599 new
vehicles only).
14
Words struck through are deleted, words underlined are added
5. Automotive repair, services, parking (groups 7514, 7515, 7521 except that
this shall not be construed to permit the activity of "tow-in parking lots"),
and carwashes (group 7542), provided that carwashes abutting residential
zoning districts shall be subject to the following criteria:
a. Size of vehicles. Carwashes designed to serve vehicles exceeding a
capacity rating of one ton shall not be allowed.
b. Minimum yards.
1. Front yard setback: 50 feet.
2. Side yard setback: 40 feet.
3. Rear yard setback: 40 feet.
c. Minimum frontage. A carwash shall not be located on a lot with less
than 150 feet of frontage on a dedicated street or highway.
d. Lot size. Minimum 18,000 square feet.
e. Fence requirements. If a carwash abuts a residential district, a masonry
or equivalent wall constructed with a decorative finish, six feet in
height shall be erected along the lot line opposite the residential district
and the lot lines perpendicular to the lot lines opposite the residential
district for a distance not less than 15 feet. The wall shall be located
within a landscaped buffer as specified in section 2.4.7. All walls shall
be protected by a barrier to prevent vehicles from contacting them.
f. Architecture. The building shall maintain a consistent architectural
theme along each building facade.
g. Noise. A carwash shall be subject to Ordinance No. 90-17, Collier
County Noise Control Ordinance [Code ch. 54, art. IV].
h. Washing and polishing. The washing and polishing operations for all
car-washing facilities, including self-service car washing facilities, shall
be enclosed on at least two sides and shall be covered by a roof.
Vacuuming facilities may be located outside the building, but may not
be located in any required yard area.
i. Hours of operation. Carwashes abutting residential districts shall be
closed from 10:00 p.m. to 7:00 a.m.
6. Building materials, hardware and garden supplies (groups 5231--5261).
7. Business services (groups 7311--7352, 7359 except airplane, industrial truck,
portable toilet and oil field equipment renting and leasing, 7361--7297 7381,
except armored car and dog rental, 7382-7389 except auctioneering service,
automobile recovery, automobile repossession, batik work, bottle exchanges,
bronzing, cloth cutting, contractors' disbursement, cosmetic kits, cotton
inspection, cotton sampler, directories - telephone, drive-away automobile,
exhibits-building, filling pressure containers, field warehousing, fire
extinguisher, floats-decoration, folding and refolding, gas systems, bottle
labeling, liquidation services, metal slitting and shearing, packaging and
labeling, patrol of electric transmission or gas lines, pipeline or powerline
inspection, press clipping service, recording studios, repossession service,
rug binding, salvaging of damaged merchandise, scrap steel cutting and
slitting, shrinking textiles, solvent recovery, sponging textiles, swimming
pool cleaning, tape slitting, texture designers, textile folding, tobacco
sheeting, and window).
15
Words str'dcl~ through are deleted, words underlined are added
2A
8. Commercial printing (2752, excluding newspapers).
9. Communications (groups 4812--4841) including communications towers up
to specified height, subject to section 2.6.35.
10. Eating and drinking establishments (5812, 5813) excluding bottle clubs. All
establishments engaged in the retail sale of alcoholic beverages for on-
premise consumption are subject to the locational requirements of section
2.6.10.
11. Educational services (8221, 8222)
12._~. Engineering, accounting, research, management and related services (groups
8711--8748).
13. Group care facilities (category I and II, except for homeless shelters); care
units, except for homeless shelters; nursing homes; assisted living facilities
pursuant to § 400.402 F.S. and ch. 58A-5 F.A.C.; and continuing care
retirement communities pursuant to ~ 651 F.S. and ch. 4-193 F.A.C.; all
subject to section 2.6.26.
14. Health services (groups 8051--8059, 8062-8069, 8071--8072 and 8092--
8099).
15. Hotels and motels (groups 7011, 7021, 7041 when located within an activity
center).
16. Marinas (4493, 4499 except canal operation, cargo salvaging, ship
dismantling, lighterage, mahne salvaging, mahne wrecking, steamship
leasing), subject to section 2.6.22.
17. Miscellaneous repair services (groups 7622--7641, 7699 except aghcultural
equipment repair, awning repair, beer pump coil cleaning and repair,
blacksmith shops, catch basin, septic tank and cesspool cleaning,
coppersmithing, fa~ machinery repair, fire equipment repair, furnace and
chimney cleaning, industhal truck repair, machinery cleaning, repair of
service station equipment, boiler cleaning, tinsmithing, tractor repair).
18. Miscellaneous retail (groups 5912-5963, 5992-5999).
19. Motion picture theaters (7832).
20. Public or private parks and playgrounds.
21. Personal services (groups 7215, 7217, 7219, 7261 except crematohes, 7291--
7299).
22. Real estate (group 6512).
23. Social services (groups 8322--8399, except for homeless shelters and soup
kitchens).
24. [Reserved.]
25. Vocational schools (groups 8243--8299).
16
Words ......"'" ..... "
............. ~. are deleted, words underlined are added
2.2.15.3. Conditional uses for C-4. The following uses are permitted as conditional uses in the
general commercial district (C-4), subject to the standards and procedures
established in division 2.7.4.
1. Agricultural services (groups 0741--0742, 0752, with outdoor kenneling).
2. Amusement and recreation services, outdoor (groups 7948, 7992, 7996, 7999).
3. Auctioneering services, auction rooms (7389, 5999).
4. Automotive dealers and gasoline service stations (groups 5521, 5551, 5561,
5599 outdoor display permitted).
5. Automotive rental and leasing, outdoor display permitted (groups 7513, 7519).
6. Bottle clubs. (All establishments engaged in the retail sale of alcoholic
beverages for the on-premise consumption are subject to the locational
requirements of section 2.6.10.)
7. Fishing, hunting and trapping (groups 0912--0919).
8. Fuel dealers (groups 5983--5989).
9. Homeless shelters, as defined by this Code.
10. Hotels and motels (groups 7011, 7021, 7041 when located outside an activity
center).
11. Justice, public order and safety (groups 9222 9224 9221, 9222, 9224, 9229).
12. Kiosks.
13. Local and suburban transit (groups 4111--4121, bus stop and van pool stop
only).
14. Motion picture theaters (7833).
15. Communication towers above specified height, subject to section 2.6.35.
16. Permitted use with less than 700 square feet of gross floor area in the principal
structure.
17. Soup kitchens as defined by this Code.
18. Motor freight transportation and warehousing (4225 air conditioned and mini-
and self storage warehousing only).
19. Any other general commercial use which is comparable in nature with the
foregoing list of permitted uses and consistent with the permitted uses and
purpose and intent statement of the district, as determined by the Board of
Zoning Appeals.
2.2.15.9. Special regulations for C-4 zoned properties ad/acent to residentially zoned
lands.
2.2.15.9.1. The parking or overnight storage of fleet vehicles, or vehicles used in
conjunction with a commercial business in a C-4 zoning district shall occur within a
completely enclosed building, unless conditional use approval is granted for outdoor
storage of vehicles. Nonconforming uses that were otherwise lawful prior to the effective
date of this section of the ordinance shall comply with this ordinance, or any subsequent
amendment to this ordinance, within 180 days of its effective date.
17
Words stn:clt ~' ..... t,
...... e,,, are deleted, words underlined are added
Sec. 2.2.15 1/2. Heavy commercial district (C-5).
2.2.15 1/2.1. Purpose and intent. In addition to the uses provided in the C-4 zoning district, the
heavy commercial district (C-5) allows a range of more intensive commercial
uses and services which are generally those uses that tend to utilize outdoor space
in the conduct of the business. The C-5 district permits heavy commercial
services such as full-service automotive repair, and establishments primarily
engaged in construction and specialized trade activities such as contractor offices,
plumbing, heating and air conditioning services, and similar uses that typically
have a need to store construction associated equipment and supplies within an
enclosed structure or have showrooms displaying the building material for which
they specialize. Outdoor storage yards are permitted with the requirement that
such yards are completely enclosed or opaquely screened. The C-5 district is
permitted in accordance with the locational criteria for commercial and the goals,
objectives and policies as identified in the future land use element of the Collier
County growth management plan.
2.2.15 !/2.2. Permitted uses. The following uses, as identified within [with] a number from the
Standard Industrial Classification Manual (1987), or as otherwise provided for
within this section, are permitted as of right, or as uses accessory to permitted
uses in the heavy commercial district (C-5).
2.2.15 V2.2.1. Permitted uses.
1. Unless otherwise provide for in this section, all permitted uses in the C-4
general commercial district.
2. Auctioneering/auction houses (groups 7389, 5999).
3. Automotive dealers and gasoline service stations (groups 5511--5599).
4. Automotive repair, services and parking (groups 7513--7549), provided that
carwashes abutting residential zoning districts shall be subject to the following
criteria:
a. [Size ofvehicles.~42arwash designed to serve vehicles exceeding a
capacity rating of one ton shall not be allowed.
b. Minimum yards.
(1) Front yard setback: 50 feet.
(2) Side yard setback: 40 feet.
(3) Rear yard setback: 40 feet.
c. Minimum frontage. A carwash shall not be located on a lot with less than
150 feet of frontage on a dedicated street or highway.
d. Lot size. Minimum 18,000 square feet.
e. Fence requirements. If a carwash abuts a residential district, a masonry or
equivalent wall constructed with a decorative finish, six feet in height shall
be erected along the lot line opposite the residential district and the lot
lines perpendicular to the lot lines opposite the residential district for a
distance not less than 15 feet. The wall shall be located within a
landscaped buffer as specified in section 2.4.7. All walls shall be protected
by a barrier to prevent vehicles from contacting them.
18
Words ~'~'~' *u .....~'
............. 6" are deleted, words underlined are added
f. Architecture. The building shall maintain a consistent architectural theme
along each building facade.
g. Noise. A carwash shall be subject to Ordinance No. 90-17, Collier County
Noise Control Ordinance [Code ch. 54, art. IV].
h. Washing and polishing. The washing and polishing operations for all car-
washing facilities, including self-service car washing facilities, shall be
enclosed on at least two sides and shall be covered by a roof. Vacuuming
facilities may be located outside the building, but may not be located in
any required yard area.
i. Hours of operation. Carwashes abutting residential districts shall be closed
from 10:00 p.m. to 7:00 a.m.
5. Building construction--general contractors (groups 1521--1542).
6. Building materials (groups 5211--5261).
7. Business services (groups 7311--7353, 7359,7389 contractors' disbursement,
directories-telephone, recording studios, swimming pool cleaning, and textile
designers only).
8. Construction--special trade contractors (groups 1711--1793, 1796, 1799).
9. Education services (groups 8243--8249).
10. Motor freight transportation and warehousing (4225 mini- and self-storage
warehousing only).
11. Fishing, hunting and trapping (groups 0912- 4- 0919).
12. Glass and glazing work (1793).
13~4--2. Crematories (7261).
14-1-3. Justice, public order and safety (groups n,~ ~ ~ n~ n~ n~'~n 9211,
9221, 9222, 9224, 9229).
15.__~. Local and suburban transit (groups 4111--4121).
16..__~.Mobile home dealers (5271).
17___~. Miscellaneous repair services (groups 7622--7699).
18___~. Outdoor storage yard, provided outdoor storage yard not be located closer
than 25 feet to any public street and that such yard shall be completely
enclosed, except for necessary ingress and egress, pursuant to the
requirements of Section 2.2.151/2.6 of this Code. This provision shall not
allow as a permitted or accessory use, wrecking yards, junkyards, or yards
used in whole or part for scrap or salvage operations or for processing,
storage, display, or sales of any scrap, salvage, or secondhand building
materials, junk automotive vehicles, or secondhand automotive vehicle
parts.
19-1-8. Printing, publishing, and allied industries (groups 2711, 2721).
2~04-9. Transportation services (groups 4724--44_729).
19
Words :tr'.'.ck thr,augh are deleted, words underlined are added
2A
2.2.15 1/2.3. Conditional uses for C-5. The following uses are permissible as conditional uses in
the heavy commercial district (C-5), subject to the standards and procedures
established in division 2.7.4.
1. Agricultural services (groups 0741--0742, 0752, with outdoor kenneling).
2. Amusement and recreation services, outdoor (groups 7948, 7992, 7996, 7999).
3. Bottle clubs. (All establishments engaged in the retail sale of alcoholic
beverages for on-premise consumption are subject to the locational
requirements of section 2.6.10.)
4. Child day care services (8351), provided:
a. All areas and surfaces readily accessible to children shall be free of toxic
substances and hazardous materials. This shall include all adjacent and
abutting properties lying within 500 feet of the childcare center's nearest
property line.
(1) For purposes of this subsection, the following definitions shall
apply:
(a)Hazardous materials: A material that has any of the following
properties~: ignitable, corrosive, reactive and/or toxic.
(b) Toxic substances: a substance which is, or is suspected to be,
carcinogenic, mutagenic, teratogenic, or toxic to human beings.
b. It shall not be located within 500 feet of the nearest property line of land
uses encompassing wholesale storage of gasoline, liquefied petroleum,
gas, oil, or other flammable liquids or gases.
c. It shall not be located on the same street customarily utilized by
construction truck traffic from asphalt plants and excavation quarries.
d. It shall have a minimum lot area of 20,000 square feet and a minimum lot
width of 100 feet.
e. It shall provide a minimum usable open space of not less than 30 percent
of the total square footage of the lot area.
f. It shall provide that all open spaces to be used by children will be
bounded by a fence of not less than five feet in height, to be constructed
of wood, masonry or other approved material.
g. It shall provide a landscape buffer in accordance with division 2.4.
h. It shall comply with the State of Florida Department of Health and
Rehabilitative Services Child Day Care Standards, Florida Administrative
Code, chapter 10M-12, effective March 11, 1986.
i. Where a child care center is proposed in conjunction with, and on the
same parcel as, a facility which is a permitted use, the requirements set
forth in subparagraphs a through h above, with the exceptions of
subparagraphs d and e, shall be used to provide the protections to
children using the child care center intended by this section consistent
with the development of the proposed permitted use.
20
Words o._.~, ~, .....r,
............. ~,.. are deleted, words underlined are added
5. Communications (groups 4812--4841) with communications towers that
exceed specified height, subject to section 2.6.35.
6. Farm product raw materials (groups 5153--5159).
7. Fuel dealers (groups 5983--5989).
8. Homeless shelters, as defined by this Code.
9. Hotels and motels (groups 7011,7021,7041 when located outside an activity
center.)
10. Justice, public order and safety (groups 9223 9224 )
11. Kiosks.
12. Local and suburban passenger transportation (groups 4131--4173).
13. Motion picture theaters (7833, drive-ins).
14. Permitted uses with less than 700 square feet of gross floor area in the
principal structure.
15. Soup kitchens, as defined by this Code.
16. Transfer stations (4212, local refuse collection and transportation only
17. Any other heavy commercial use which is comparable in nature with the
foregoing list of permitted uses and consistent with the purpose and intent
statement of the district, as determined by the Board of Zoning Appeals.
2.2.15 IA. 10. Special regulations for C-5 goned properties ad/acent to residentially ~oned
lands.
2.2.15 1/2.10.1. The parking or overnight storage of fleet vehicles, or vehicles used in
conjunction with a commercial business in a C-5 zonino~ district shall occur within a
completely enclosed building, unless conditional use approval is granted for outdoor storage
of vehicles. Nonconforming uses that were otherwise lawful prior to the effective date of this
section of the ordinance shall comply with this ordinance, or any subsequent amendment to
this ordinance, within 180 days of its effective date.
Sec. 2.2.16. Industrial district (I).
2.2.16.2.1.1. Permitted uses.
10. Crematories (7261)
(Renumber remaining list of uses)
2.2.16.2.2. Uses accessory to permitted uses.
21
Words ~* .... v ~, ..... ~,
............. ~,. are deleted, words underlined are added
2A
1. Uses and structures that are accessory and incidental to uses permitted as
of right in the I district.
2. Caretaker's residence, subject to section 2.6.16.
3. Retail sales and/or display areas as accessory to the principal use,
excluding automotive sales and/or display areas, not to exceed an area
greater than 20 percent of the gross floor area of the permitted principal
use, and subject to retail standards for landscaping, parking and open
space.
4. Recreational vehicle campground and ancillary support facilities when in
conjunction with temporary special event activities such as air shows and
the like.
2.2.16.3. Conditional uses. The following uses are permitted as conditional uses in
the industrial district (I), subject to the standards and procedures established in
division 2.7.4:
23. Any other industrial use which is comparable in nature with the foregoing list of
permitted uses and consistent with the purpose and intent statement of the
district, as determined by the Board of Zoning Appeals.
Sec. 2.2.20. Planned unit development district.
Sec. 2.2.20.2. General.
2.2.20.2.1. Relation of planned unit development regulations to the growth management
plan, zoning, subdivision, or other applicable regulations. All application for PUDs shall
be in full compliance with the future land uses element and the goals, objectives, and
policies of all elements of the growth management plan. All development regulations,
including overlay districts or special development standards for specific land use types,
or the like, supplemental regulations and other applicable provisions of all county
ordinances such as, but not limited to, all provisions of the Collier County land
development code, as may be amended, shall apply unless specifically modified by the
approved PUD document and PUD master plan. Where the application for a PUD
proposes to modify any of the regulations set forth in the land development code, the
application, the PUD document and the PUD master plan shall specifically identify the
code section number, the specific regulation and the proposed modification to such
regulation, in a standard format established by the planning services director.
Sec. 2.2.21. Corridor management overlay district (CMO); special regulations for
properties abutting Golden Gate Parkway west of Santa Barbara
Bouldevard and Goodlette-Frank Road south of Pine Ridge Road.
2.2.21.5. Landscaping.
2.2.21.5.1. Goodlette-Frank Road.
22
Words °* .... ~ *~' ..... h
............. 6, are deleted, ~vords underlined are added
Tree plantings shall consist of canopy trees with a minimum canopy spread of
five feet and height of ten feet at the time of planting. Trees ;nusl' shall be placed
every 30 feet in landscaped areas.
2_. Palm trees may not be substituted for canopy trees.
3_. Landscape designs shall incorporate the use of xeriscape plant materials species
as listed in the Xeriscape Plant Guide published by the South Florida Water
Management District.
Sec. 2.2.24. Special treatment overlay district (ST); special regulations for areas
of environmental sensitivity and lands and structures of historical
and/or archaeological significance and the Big Cypress Area of
Critical State Concern.
2.2.24.8 Exceptions from public hearing requirements.
The development services director may administratively approve a site alteration plan or
site development plan for land designated ST without the public hearing otherwise
required by this section if:
1. n;u~e ~a u .... e~v '~o~"~-*~'" and The area of the .proposed alteration
or development a,~-z~am~ is -30 five (5) acres or less, mad-whe~ there
are no transfer of development rights ar~-involved, the d
a finding t~at and the following conditions, where applicable, exist:
a. The proposed site alteration or site development will occur on land
that was lawfully cleared and no more than ten percent of the
cleared lands have re-grown with native vegetation.
v ....v,'~ll not
b. Where the proposed alteration or development involves a Single-
family principal structure or the renovation or replacement of a
single-family structure and~the proposed site alteration or site
development plan will not require any significant modification of
topography, drainage, flora, or fauna on the site~
~. '~Significant modification'~ shall mean modification
greater than ~ fifteen percent of the site.
c. No pollutants will be discharged from the area that will degrade
the air, water or soil below the levels existing at the time of
application.
d. Water management be~s and structures proposed for the
protection ancot enhancement of the ST area~ will meet the
minimum dimensions pe~itted ~by the South Florida
Water Management District.
2. Temporary site alteration for oil and gas geophysical surveys and testing.
~Temporary site= alteration shah mean only those alterations involving
hand cutting of vegetation for surveys and equipment entry, d~]] shot
holes not exceeding six inches in diameter and rutting associated with
vehicle access. Trimming of vegetation for access routes shall be kept to
the minimum width necessary for surveying and testing. The site shall be
23
Words ..... ~' +~ ..... u
............. ~. are deleted, words underlined are added
, 2/1
restored as required by federal, state and county permits within 90- days
of the start of the project.
3. Where a conditional use has been approved, along with an environmental
impact statement (EIS) or an exemption from the requirement for an EIS
has been granted pursuant to section 3.8.9. of this code.
4. Site alteration or site development around existing communication towers
to expand or construct accessory structures associated with an already
existing tower, not to exceed five acres.
All other site alteration or site development plan approvals of any size shall be as
required to comply with the provisions in section 2.2.24.4, 2.2.24.5, and 2.2.24.6., as
applicable
Sec. 2.2.28. Immokalee Overlay Districts.
2.2.28.1. Purpose and intent: To create the Immokalee Overlay District with distinct
sub_-districts for the purpose of establishing development criteria suitable for
the unique land use needs of the Immokalee Community.
2.2.28.2.1 Murals. Murals in the Immokalee Overlay District and its sub-districts are
intended to support and promote community-based cleanup and other architectural and
aesthetic improvement efforts in the Immokalee Community as set forth below:
1. For the purposes of Section 2.2.28, "murals" are defined as paintings or
other artistic depictions directly affixed to, and that do not project more than four
(4) inches from. a building wall.
2. Applications for approval of murals shall be submitted to the community
development and environmental services division. A scale rendering of the mural
in full color, as it will appear on the building, shall accompany applications. Prior
to final action on the application, the Division wilt obtain a recommendation by
the mural review committee.
3. The board of county commissioners shall appoint a mural review
committee for purposes of reviewing and making recommendations regarding the
proposed murals. The committee shall develop criteria for reviewing mural
applications.
4. All applications for approval of murals shall receive approval of the mural
review committee.
a. Murals affixed to existing structures require submittal of a site
improvement plan application or an insubstantial change to site
development plan application. Such applications shall be exempt from the
applicable application fees.
b. Murals affixed to new structures require application for approval
of mural as part of a site development plan application. Murals that are
part of a site development plan application are shall not be exempt from
the applicable application fees.
5. Notwithstanding the definition of "signs" elsewhere in this code, murals
depicting the history, culture, or natural environment of the Immokalee
Community that do not have any commercial message or advertisement are not
signs, and therefore, the creation, display, or maintenance of such murals does not
require a sign permit, but does, require the recommendation of the mural review
24
Words str'acl: thraug5 are deleted, words underlined are added
committee.
2.2.28.5.3. Permitted Uses: All permitted uses within the underlying zoning districts, and
the following uses, as identified in the Standard Industrial Classification Manual (1987),
are permitted as a right in this sub-district.
1. Agricultural Services (0723)
2. Wholesale Trade (5148)
3. Agricultural Outdoor Sales
4._:. Petroleum and Petroleum Products Wholesalers, except Bulk Stations and
Terminals (5171, 5172 - gasoline: buying in bulk and selling to farmers -
wholesale only).
SUBSI,C FION 3.D. AMENDMENTS TO I)I¥1SION 2.4., LANI)SCAIqNG AND
BUFFERIN(.;.
Division 2.4, Landscaping and Buffering, of Ordinance 91-102, as amended, the
Collier County Code, is hereby amended to read as follows:
DIVISION 2.4, LANDSCAPING AND BUFFERING
Sec. 2.4.4. Plant material standards and installation standards.
2.4.4.11. Prohibited species. The following plant species shall not be planted:
2.4.4.11.1. Enterolobium cyclocarpum (ear tree).
2.4.4.11.2. Melia azedarach (Chinaberry tree).
2.4.4.11.3. Bischofia javanica (bishopwood).
2.4.4.11.4. Scaevola frutescens (Australian inkberry).
2.4.4.11.5. Dalbergia sissoo (Indian rosewood).
2.4.4.11.6. Sapium sebiferum (Chinese tallow tree).
2.4.4.11.7. Ardisia elliptica (shoe button ardisia).
2.4.4.11.8. Ficus ~;,,,,,~,,,,,, v,,,~ microcarpa / ficus nitida (laurel fig/Cuban laurel).
This list shall be subject to revision as exotic plant species are determined to be noxious,
invasive, cause environmental degradation to native habitats, or to be detrimental to
human health, safety, or the public welfare.
SUBSECTION 3. D. AMENDMENTS TO DIVISION 2.6.1, SU~SECT!ON 2.E.
SUPPLEMENTAL DISTRICT REGULATIONS.
25
Words ~* .... ~ ~ ..... ~'
............. s,, are deleted, words underlined are added
Division 2.6, Supplemental District Regulations, of Ordinance 91-102, as
amended, the Collier County Land Development Code, is hereby amended to read as
follows:
DIVISION 2.6. SUPPLEMENTAL DISTRICT REGULATIONS
2.6.9. Essential Services.
~.6.:).l.Permitted uses. The following uses are allowed as :;hall ~'~ deemed permitted
uses:
3=. in any every zoning district: water lines, sewer lines, gas lines, telephone lines,
telephone switching stations, cable television, electrical transmission and
distribution lines, substations, emergency power structures, sewage lift stations,
water pumping stations; essential service wells (including extraction facilities, and
requisite ancillary facilities,) and any other wells which have been or will be
permitted by the South Florida Water Management District or the Florida
department of environmental protection either prior to or subsequent to the
effective date of this ordinance, or if the respective well and/or well related
facility is otherwise required to be installed or constructed by law; in every zoning
district: individual private wells and septic tanks, and similar installations
necessary for the performance of these services. If any proposed well is a Collier
County owned well under the permitting jurisdiction of a Florida agency, staff,
early in the county's well permit application process, shall post sign(s) at the
county's proposed well site(s) and shall provide written notice that the county has
applied for a required well permit to property owners within 300 feet of the
property lines of the lots or parcels of land on which the applied-for well is being
sought by the county, including, if applicable, the times and places of the
permitting agency's scheduled public hearin ~s;
b_=. in commercial and industrially by zoned districts: other Ggovernmental facilities,
d fi d by thi C d ~'~
as e ne s o e,
~ to the extent the facility anchor service is required by law, rule or
regulation;
c~ in the agricultural and estate zoned districts the following governmental facilities:
nonresidential not-for-profit child care, nonresidential education facilities,
libraries, museums, neighborhood parks, and recreational service facilities2
d_=. in residentially zoned districts: neighborhood parks
2.6.9.2.Conditional uses. The following uses shall ~e aeer'..ea require approval pursuant
to section 2.7.5. as conditional uses:
a_. in mod-every zoning district: electric or gas generating plants, effluent tanks,
major re-pump stations, sewage treatment plants including percolation ponds,
hospitals, hospices, water aeration or treatment plants, governmental facilities;
b.=. in residential, agricultural and estate zoned districts~ except as otherwise specified
by 6 9 ~..~.~;
section 2... 1.:~
f-ac4tiOesT regional parks, community parl<s, safety service facilities, and other
similar facilities.L,
2.6.35.7. Alligator Alley communication towers.
26
Words ~+ .... ~' *~' ..... ~'
............. a., are deleted, words underlined are added
'" ..................... '-'~'-'T'"' ~'" ........ J '-'"' ..... '""* '~'J "'""' L' ......... ~ ,~,..,, , ,,.,,..,~
..,~.~ ,~.~ k,,cc~ ;o .~, .... ,;..~ .~,.~ · .... kl;. o.c~,., p bl Shall b
....................... ~. .............r .......... z re, ems. e as
required by section 2.4.6.4, of this code.
SUBSECTI()N 3.E. AMENDMENTS T() DIVISION 2.7. Z()NING
ADMINISTRATION AND PROCED'URES
Division 2.7., Zoning Administration and Procedures ol' Ordinance 91-102, as
amended, the Collier County Land Development Code, is hereby amended to read as
follows:
l)ivision 2.7., ZONING ADMINISTRATION AND PROCEI)URLS.
2.7.2.3.4 Notice and public hearing requirements where proposed amendment initiated
by the board of county commissioners would change the zoning map designation of a
parcel or parcels of 4and involves involving ten contiguous acres or more of land in the
county or would change the actual list of permitted, conditional, or prohibited uses of
land within a zoning category. Ordinances or resolutions IR-eases initiated by the board
of county commissioners-m which the proposed to change to the zoning map designation
of a parcel or parcels of land m-volves involving ten acres or more of land, or which
changes the actual list of permitted, conditional or prohibited uses of land within a zoning
category .... ~' .....
..... v .......... shall be enacted or amended pursuant to the following minimum
bli d h g q by th
pu c notice an earin re uirements:
1. The planning commission shall hold at least one advertised public hearing unless
the board of county commissioners directs such ordinance or resolution to be heard at
two public hearings before the planning commission. If there is only one hearing
required before the planning commission, that hearing shall be held after 5:00 p.m. on
a weekday, and if there are two hearings required before the planning commission,
then at least one of the required hearings shall be held after 5:00 p.m. on a weekday,
and in which case the first hearing shall be held approximately seven days after the
day that the first advertisement is published. The second hearing will be held
approximately two weeks after the first hearing and shall be advertised approximately
five days prior to the public hearing. The day, time and place of a second public
hearing shall be announced at the first public hearing.
27
Words :truck through are deleted, words underlined are added
2.7.3.4 Time Limit,s~ for approved PUD master plans.
For those PUDs subject to the three year sunset provisions, Sshould the development
services director determine that the development has not commenced in earnest, then
upon review and consideration of the report provided by the owner and any supplemental
information that may be provided, the board of county commissioners shall elect one of
the following:
1. To extend the current PUD approval for a maximum period of two years; at the
end of which time, the owner will again submit to the procedure as defined herein.
2. Require the owner to submit an amended PUD in which the unimproved portions
of the original PUD shall be consistent with the growth management plan. The
existing PUD shall remain in effect until subsequent action by the board on the
submitted amendment of the PUD.
3. If the owner fails to submit an amended PUD within six months of board action to
require such an amended submittal, then the board may initiate proceedings to
rezone the unimproVed portions of the original PUD to an appropriate zoning
classification consistent with the future land use element of the growth
management plan.
For those PUDs subject to the five year sunset provisions, should the development
services director determine that the development has not commenced in earnest, then
upon review and consideration of the report provided by the owner and any supplemental
information that may be provided, the board of county commissioners shall elect one of
the following:
1. Require the owner to submit an amended PUD in which the unimproved
portions of the original PUD shall be consistent with the growth management
plan. The existing PUD shall remain in effect until subsequent action by the
board of the submitted amendment of the PUD. If the owner fails to submit an
amended PUD within six months of board action to require such an amended
submittal, then the board may initiate proceedings to rezone the unimproved
portions of the original PUD to an appropriate zoning classification consistent
with the growth management plan.
2. Direct staff to initiate proceedings to rezone the unimproved portions of the
original PUD to an appropriate zoning classification consistent with the
future land growth management plan.
SUBSECTION 3.F. AMENDMENTS TO DIVISION 2.8., ARCHITECTURAL
AND SITE DESIGN STANDARDS AND GUIDELINES FOR
COMMERCIAL BUILDINGS AND PROJECTS.
Division 2.8., Architectural and Site Design Standards and Guidelines for
Commercial. Buildings and Prqjects, of Ordinance 91-102, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
DIVISION 2.8. ARCHITECTURAL AND SITE DESIGN STANDARDS ANI)
GUIDELINES FOR COMMERCIAL BUII~DINGS AND
PROJECTS.
28
Words ~* .... ~' *~' ..... ~'
............. ~,,, are deleted, words underlined are added
2.8.3.4. Pedestrian walkways.
2.8.3.4.1. Purpose and intent. To provide safe opportunities for alternative modes of
transportation by connecting with existing and future pedestrian and bicycle pathways
within the county and to provide safe passage from the public right-of-way to the
sommemid building or project, which includes the area between and including the
parking areas and the building perimeter, and between alternative modes of
transportation.
2.8.3.4.2. Pedestrian access standards. Pedestrian ways, linkages and paths shall be
provided from the building entry(s) to surrounding streets, external sidewalks, and
outparcels and parking areas. Pedestrian ways shall be designed to provide access
between parking areas and the building entrance(s) in a coordinated and safe manner
through thc incorporation of walkways, sidewalks and crosswalks. Pedestrian ways may
be incorporated within a required landscape perimeter buffer, provided said buffer is
~ ....... ,~ ........... c,~.. in ,,~;,~,h ................... consislent with the exceptions outlined in
subsection ~"
z.4.7..>. (4) o I' chi s code. Shared pedestrian walkways are encouraged between
adjacent commercial projects.
SUBSECTION 3.G. AMI£NI)MENTS TO I)IVISION 3.2, SUBDIVISIONS
Division 3.2, Subdivisions, of Ordinance 91-102, as amended, the Collier Land
Development Code, is hereby amended to read as follows:
DIVISION 3.2. SUBDIVISIONS
3.2.8.3.4. Buffer areas. Subdivisions or developments shall be buffered for the protection
of property owners from surrounding land uses as required pursuant to division 2.4.
Buffers shall not inhibit pedestrian circulation between adjacent commercial land uses.
Buffers shall be installed during construction as follows and in accordance with division
2.4:
Ca) To separate residential developments from commercial, community use, industrial
and public use developments and adjacent expressways, arterials and railroad
rights-of-way, except where such expressway, arterial, or railroad right-of-way
abuts a golf course.
Cb) To separate commercial, community use, industrial and public use developments
from residential developments.
Cc) To separate subdivisions of residential property that do not result in the submittal
of a site development plan pursuant to the provisions of division 3.3 from other
residential properties.
Separation shall be created with a landscape buffer strip which is designed and
constructed in compliance with the provisions of division 2.4. Such buffer strip(s)
shall be shown and designated on the final plat as a tract of easement and shall not
be located within any public or private fight of way. The ability to locate
buffer(s) within a platted or recorded easement shall be determined pursuant to
the provisions of division 2.4. Buffers adjacent to protected/preserve areas shall
conform to the requirements established by the agency requiring such buffer.
3.2.8.4.8. Fire hydrants.
29
Words ......~' ~ ..... ~'
............. ~,. are deleted, words underlined are added
1. Residential land development. In one and two-family land developments with
not more than ten dwelling units per acre, fire hydrants shall be spaced not
greater than 600 300 feet apart and not more than ~ 150 feet from the center
of any lot in the subdivision and shall be connected to mains no less than six
inches in diameter. The system shall provide capacity for fire flows of at least
500 gallons per minute or greater, az rzqu:.rz~ ~-"v., '~'~...~ =:-~...~ ~
e_~^a..,~ ~c .-~ · ......... e .... :~ c, cr:~ in addition to maximum day
domestic requirements at residual pressures of not less than 20 pounds per
square inch unless otherwise required by the applicable fire code.
2. Commercial, industrial, single family with structures in excess of 5000 square
feet, and multifamily developments. Fire hydrants located in these areas shall
be connected to water mains no less than eight inches in diameter. In no case
shall the spacing of hydrants be greater than ~ 300 feet apart a~
m~- ~^ r~, r .... ,~ ........c ,,~, ~, :_ ,~. .... ~-~:~,:~:~- Additional on site
fire hydrants are required when portions of structures are more than 150 feet
from the street. These hydrants shall be located as determined by the fire code
official. Hydrant spacing and size shall be capable of providing water flows
adequate to meet the requirements of the Fire Flow Analysis
~ e~.~..,^ ~c,.^ · ......... e .... :~ ,~cc:~^ In no case shall the flow be
less than 750 gallons per minute with the residual pressure of 20 pounds per
square inch at the most demanding ...... point of discharge.
3.tt. AMENDMENTS T() DIVISION 3.3., SITE DEVEL()PMENT PLANS
Division 3.3, Site Development Plans, of Ordinance 91-102, as amended, the
Collier County Land Development Code, is hereby amended to read as follows:
DIVISION 3.3. SI 1 E DEVELOPMENT PLANS
Sec. 3.3.7. Site l)evelopment plan review (SDP) procedures.
3.3.7.1.10 NEED LEAD IN LANGUAGE FROM LDC 3:77
4. Collier County right-of-way permit, if required, prior to site development plan
'~ ':--~ ~'~ '~":'~: ..... :' approval
SUBSLCJ ION 3.1. AMENDMENTS TO DIVISION 3.13 COASJAI,
C()NSTRUCTION SETBACK LINE VARIANCE.
Division 3.13, Coastal Construction Setback Line Variance, of Ordinance 91-102,
as amended, the Collier County Land Development Code, is hereby amended to read as
follows:
DIVISION 3.13 COASTAL CONSTRUCTION
SLTBACK lANE VARIANCE.
Sec. 3.13.8. Permits.
The following activities seaward of the coastal construction setback line shall not require
a hearing by the board of county commissioners, but shall require a coastal construction
setback line permit. Such permit shall be reviewed and approved administratively by site
30
Words ~+~'~' "' .....~'
............. a. are deleted, words underlined are added
development review environmental staff. The appropriate fee as set by county resolution
shall be submitted with permit application.
3.13.8.1 Construction of a dune walkover with a ~ "v~ ....... ~a~u Ac ~v c~,
· , .............................. when
a Florida Department of Environmental Protection (FDEP) permit has
been obtained and the following criteria have been met.
3.13.8.1.1. A maximum width of six feet.
3.13.8.1.2. A minimum separation of 200 feet between walkovers when two or more
walkovers are proposed on a single parcel.
SECTION FOUR: CONFLICT AND SEVERABILITY
In the event this Ordinance conflicts with any other Ordinance of Collier County and other
applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE
The provisions of this Ordinance shall become and be made a part of the Land Development
Code of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to
accomplish such, and the word "ordinance" may be changed to "section", "article", or any other
appropriate word.
SECTION SIX: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,
Florida, this day of ,2002.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
ATTEST: JAMES N. COl JETTA, CHAIRMAN
DWIGHT E. BROCK, CLERK
Approved As To Form And Legal Sufficiency
31
Words ~-'~' ~u ..... u
............. ~,.. are deleted, words underlined are added
Marjorie M. Student
Assistant County Attorney
DO NOT WORRY ABOUT SPACING
UNTIL FINAL DRAFT, LANGUAGE
IN, LANGUAGE OUT ALWAYS
CHANGES PAGE BREAK AND A
LOT MORE LANGUAGE IS COMING
OUT AND GOING IN FROM THE
LOOKS OF THINGS.
32
Words ~*-'~- *~- ..... ~,
............. ~,,, are deleted, words underlined are added
ORIGIN: Community Development & Environmental Services Division
AUTHOR: Michele R. Mosca, AICP
DEPARTMENT: Planning Services
LDC PAGE(S): LDC2:41 - LDC2:61
LDC SECTIONS: 2.2.12.2.1, 2.2.12.3, 2.2.13.1, 2.2.13.2.1, 2.2.13.3, 2.2.14.2.1, 2.2.14.3,
2.2.15.2.1, 2.2.15.3, 2.2.15 V2.2, and 2.2.15 V2.3.
CHANGE: To revise, add, or remove certain permitted and/or conditional uses, within the
commercial zoning districts (C-l, C-2, C-3, C-4, C-5), to make those uses consistent with the
"Purpose and Intent" statement for each respective commercial district. To change the
regulations which allow as permitted uses, other uses which are comparable to uses permitted
by right in the district as determined by the Planning Services Director, to require that
determination be made by the Board of Zoning Adjustment and Appeals, through the
Conditional Use process.
REASON: In a previous LDC amendment cycle, the "Purpose and Intent" section for each of
the commercial districts was modified. As a result, certain existing uses are no longer
appropriate for the districts, while other uses are appropriate to be added.
FISCAL & OPERATIONAL IMPACTS: There are no fiscal or operational impacts.
RELATED CODES OR REGULATIONS: There are no related codes or regulations
affected by this amendment.
GROWTH MANAGEMENT PLAN IMPACT: There are no growth management plan
impacts.
Amend the LDC as follows:
Sec. 2.2.12. (C-1)Commercial professional_.~,,.'~:-'-:~°.,., ,,,tt' ~,~ ~ and general office district.
2.2.12.1. Purpose and intent. The C-I commercial professional and general office district is
intended to allow a concentration of office type buildings and land uses that are
most compatible with, and located near, residential areas. Most C-1 commercial
professional and general office districts are contiguous to, or when within a PUD
will be placed in close proximity to residential areas, and therefore serve as a
transitional zoning district between residential areas and higher intensity
commercial zoning districts. The types of office uses permitted are those that do
not have high traffic volumes throughout the day, which extend into the evening
hours. They will have morning and evening short-term peak conditions. The
market support for these office uses should be those with a localized basis of
market support as opposed to office functions requiring inter-jurisdictional and
regional market support. Because office functions have significant employment
characteristics, which are compounded when aggregations occur, certain personal
service uses shall be permitted, to provide a convenience to office-based
employment. Such convenience commercial uses shall be made an integral part
of an office building as opposed to the singular use of a building. Housing may
also be a component of this district as provided for through conditional use
approval.
2.2.12.2. Permitted uses. The following uses, as identified with a number from the Standard
Industrial Classification Manual (1987), or as otherwise provided for within this
section, are permitted as of right, or as uses accessory to permitted uses in the C-1
commercial professional ~ist.~ct and general office district.-t~ C !/T czmm.emi~
~rv, fes.q:, e. naLttran s:. t'.' ~na! d': :~"ict.
2.2.12.2.1. Permitted uses.
1. Accounting, auditing and bookkeeping services (8721).
2. Automobile parking (7521),~---~,~v-* t^~.v. *.,... .... ,,,:" ?arl~ing parking lots only.
3. Barber shops (7241), except schools.
4. Beauty shops (7231), except schools.
5. Business services (groups 7311, 7313, 7322--7331, 7338, 7351, 7371, 7372,
7374--7376, 7379).
6. Child day care services (8351).
7_8. Group care facilities (category I and II, except for homeless shelters); care
units, except for homeless shelters; nursing homes; assisted living facilities
pursuant to F.S. § 400.402 and ch. 58A-5 F.A.C.; and continuing care
retirement communities pursuant to F.S. § 651 and ch. 4-193 F.A.C.; all
subject to section 2.6.26.
89. Offices for engineering, architectural, and surveying services (groups 0781,
8711--8713).
9_-1-0. Health services (8011--8049).
1~04--1-.Individual and family social services (8322 activity centers, elderly or
handicapped; adult day care centers; and day care centers, adult and
handicapped only).
11~-1-:3. Insurance camers, agents and brokers (groups 631 I--6399, 6411).
12~4--3. Legal services (8111).
13~-t-4. Management and public relations services (groups 8741--8743, 8748).
14~4--5. Miscellaneous personal services (7291, 7299, debt counseling only).
15__~. Nondepository credit institutions (groups 6141--6163).
16____~. Photographic studios (7221).
17~-t-9. Physical fitness facilities (7991 permitted only when physically integrated
and operated in conjunction with another permitted use in this district - no stand
alone facilities shall be permitted).
18.___~. Real estate (groups 6531--6541).
19~gt-. Shoe repair shops and shoeshine parlors (7251).
20. Security and commodity brokers, dealer, exchanges and services (groups
6211-6289).
21. Transportation services (4724), travel agencies only.
2.2.12.3. Conditional uses. The following uses are permissible as conditional uses in the
(C-1)commercial Professional and general office d~stnct ...............,,.o_.,~;~'-4~+ ~-~r' ~,~ C I/T),
subject to the standards and procedures established in division 2.7.4·
1. Automobile parking (7521), garages-automobile parking, parking structures.
2. Churches and other places of worship.
3_4. Civic, social and fraternal associations (8641).
4_g. Depository institutions (groups 6011--6099).
53. Educational services (8211--8231), except regional libraries.
,~.. ,~t-t~'~l'. ..... ;~ t~n,, 80'1.9)
6_S. Homeless shelters, as defined by this Code.
7_6. Increased building height to a maximum of 50 feet.
8__~. Mixed residential and commercial uses subject to the following criteria:
a. A site development plan is approved pursuant to division 3.3. that is
designed to protect the character of the residential uses and of the
neighboring lands;
b. The commercial uses in the development may be limited in hours of
operation, size of delivery trucks, and type of equipment;
c. The residential uses are designed so that they are compatible with the
commercial uses;
d. Residential dwelling units are located above principal uses;
e. Residential and commercial uses do not occupy the same floor of a
building;
f. The number of residential dwelling units shall be controlled by the
dimensional standards of the C-1 di '
, ,, t, ~ strict, together with the specific
requirement that in no instance shall the residential uses exceed 50 percent
of the gross floor area of the building;
g. Building height may not exceed two stories;
h. Each residential dwelling unit shall contain the following minimum floor
areas: efficiency and one-bedroom, 450 square feet; two-bedroom, 650
square feet; three-bedroom, 900 square feet;
i. A minimum of 30 percent of the mixed use development shall be
maintained as open space. The following may be used to satisfy the open
space requirements: areas used to satisfy water management requirements,
landscaped areas, recreation areas, or setback areas not covered with
impervious surface or used for parking (parking lot islands may not be
used unless existing native vegetation is maintained);
j. The mixed commercial/residential structure shall be designed to enhance
compatibility of the commercial and residential uses through such
measures as, but not limited to, minimizing noise associated with
commercial uses; directing commercial lighting away from residential
units; and separating pedestrian and vehicular accessways and parking
areas from residential units, to the greatest extent possible.
9_8. Nursing and personal care facilities (8082).
109. Funeral service ~ (7261 except crematories).
11.~. Religious organizations (8661).
12.~. Soup kitchens, as defined by this Code.
13 -1-2-. Veterinarian's office (0742), excluding outdoor kenneling.
14. Any other commercial or professional use which is comparable in nature
with the foregoing list of permitted uses and consistent with the purpose and intent
statement of the district as determined by the Board of Zoning Adjustment and
Anneals ;~h,d;~,- ,~,^o~ ,~.,, ~v~..~:.,~ ........ ,~.~ ,,4~,~,~;~,,~ ........... .4 ,~ ~
2'2'12A: through 2:2A2.6. NO changes
2.2.12.7. Special Regulations for C-1 zoned t~rot~erties whose property boundaries are
2.2.12.7.1. The parking or overnight storage of [fleet vehicles, or] vehicles used in
coniunction with a commercial business of C-1 zoned lands shall occur within a
completely enclosed building, unless conditional use approval is granted for outdoor
storage of vehicles. NoncOnforming situations that were otherwise lawful prior to the
effective date of this section of the ordinance shall comply with this ordinance or any
subsequent amendment to this ordinance within 180 days of its effective date.
Sec. 2.2.13. Commercial convenience district (C-2).
2.2.13.1. Purpose and intent. The purpose and intent of the commercial convenience
district (C-2) is to provide lands where commercial establishments may be located
to provide the small scale shopping and personal needs of the surrounding
residential land uses within convenient travel distance except to the extent that
office type uses and land uses carried forward from the C-1 district will expand
the traditional neighborhood size. However, the intent of this district is that retail
and service uses by of a nature that can be economically supported by the
immediate residential environs. Therefore, the uses should allow for goods and
services that households require on a daily basis, as opposed to those goods and
services that households seek for the most favorable economic price and therefore
require much larger trade areas. It is intended that the C-2 district implements the
Collier County growth management plan within those areas designated
agricultural/rural; estates neighborhood center district of the Golden Gate Master
Plan; the neighborhood center district of the Immokalee Master Plan; and the
urban mixed use district of the future land use element permitted in accordance
with the locational criteria for commercial and the goals, objectives and policies
as identified in the future land use element of the Collier County growth
management plan. The maximum density permissible in the commercial
convenience district and the urban mixed use land use designation shall be
guided, in part, by the density rating system contained in the future land use
element of the Collier County growth management plan. The maximum density
permissible or permitted in a district shall not exceed the density permissible
under the density rating system.
2.2.13.2. Permitted uses. The following uses, as defined with a number from the Standard
Industrial Classification Manual (1987), or as otherwise provided for within this
section, are permitted as of right, or as uses accessory to permitted uses in the C-2
commercial convenience district.
2.2.13.2.1. Permitted uses.
1. Unless otherwise provided for in this section, all permitted uses and all
conditional uses except increased height and mixed residential and
commercial uses of the C-I commercial professional O/,:'*~ct and general
office ' · ~,~,,~r-~r~
2. Apparel and accessory stores 1800 square feet or less of gross floor area in
the principal structure (groups 5611--5699).
3. Business services (groups 7311, 7313, 7322--7338, 72~I 7371--7379, 7384).
4. Eating places 2,800 square feet or less of gross floor area in the principal
structure (5812 except contract feeding, dinner theaters, food service
(institutional), industrial feeding).
5. Food stores 2,800 square feet or less of gross floor area in the
principal structure (groups 5411 except supermarkets, 5421--5499).
6. Gasoline service stations (5541 subject to section 2.6.28).
7. General merchandise stores 1,800 square feet or less of gross floor area in the principal structure (52 ! 1 5331-5399).
8. Group care facilities (category I and II, except for homeless shelters); care
units, except for homeless shelters; nursing homes; assisted living facilities
pursuant to § 400.402 F.S. and ch. 58A-5 F.A.C.; and continuing care
retirement communities pursuant to § 651 F.S. and ch. 4-193 F.A.C.; all
subject to section 2.6.26.
9. Hardware stores 1,800 square feet or less of gross floor area in the
principal structure (5251).
10. Health services (groups 8011--8049, 8082).
11. Home furniture, furnishing and equipment stores 1,800 square feet or less of
gross floor area in the principal structure (groups 5713--5719, 5731--5736).
12. Libraries (8231) except regional libraries.
13. Miscellaneous repair services, except aircraft, business and office machines,
large appliances, and white goods such as refrigerators and washing
machines (7629--7631).
14. Miscellaneous retail services 1,800 square feet or less of gross floor
area in the principal structure (5912, 5942--5961).
15_6. Paint, glass and wallpaper stores 1,800 square feet or less of gross floor area
in the principal structure (5231).
16_g. Personal services 1,800 square feet or less of gross floor area in the principal
structure (groups 7212, 7215, 7221--7251, no beauty or barber schools,
7291).
17_8. Security and commodity brokers, dealer, exchanges and services (groups
6211--6289).
18_9. United States Postal Service (4311 except major distribution center).
19_~. Veterinary services (0742 excluding outside kenneling).
2_04-. Videotape rental with 1,800 square feet or less of gross floor area in the
principal structure (7841).
2.2.13.3. Conditional uses. The following uses are permissible as conditional uses in the
commercial convenience district (C-2), subject to the standards and procedures
established in division 2.7.4.
1. Educational Services (8221,8222) except regional libraries.
-1-.2_. Homeless shelters, as defined by this Code.
g.3~ Mixed residential and commercial uses subject to the following criteria:
a. A site development plan is approved pursuant to division 3.3 that is
designed to protect the character of the residential uses and neighboring
lands;
b. The commercial uses in the development may be limited in hours of
operation, size of delivery trucks, and type of equipment;
c. The residential uses are designed so that they are compatible with the
commercial uses;
d. Residential dwelling units are located above principal uses;
e. Residential and commercial uses do not occupy the same floor of a
building;
f. The number of residential dwelling units shall be controlled by the
dimensional standards of the C-2 district, together with the specific
requirement that in no instance shall the residential uses exceed 50 percent
of the gross floor area of the building or the density permitted under the
growth management plan;
g. Building height may not exceed two stories;
h. Each residential dwelling unit shall contain the following minimum floor
areas: efficiency and one-bedroom, 450 square feet; two-bedroom, 650
square feet; three-bedroom, 900 square feet;
i. The residential dwelling units shall be restricted to occupancy by the
owners or lessees of the commercial units below;
j. A minimum of 30 percent of the mixed use development shall be
maintained as open space. The following may be used to satisfy the open
space requirements: areas used to satisfy water management requirements;
landscaped areas; recreation areas; or setback areas not covered with
impervious surface or used for parking (parking lot islands may not be
used unless existing native vegetation is maintained);
k. The mixed commercial/residential structure shall be designed to enhance
compatibility of the commercial and residential uses through such
measures as, but not limited to, minimizing noise associated with
commercial uses; directing commercial lighting away from residential
units; and separating pedestrian and vehicular accessways and parking
areas from residential units, to the greatest extent possible.
4. Permitted persOnal se~ice~ ~ideo rental or retail uses with more than 1,800 square
feet of gross floor area in the principal structure.
5. Permitted food service (eating Places or food stOres) uses with more than 2i800
square feet of gross floor area in the permitted principal structure.
6__~. Soup kitchens, as defined by this Code.
7. Any other convenience commercial use which is comparable in nature with the
foregoing list of permitted uses and consistent with purpose and intent statement of the
district, as determined by the Board of Zoning Adjustment and Appeals.
2~2.13.4. through 2.2,13~7. No changes
2.2.13.8. Special Regulations for C-2 ~oned whose property_ boundaries are within 50
feet ora property bounda~_ of Residentially goned lands.
2.2.13.8.1. The parking or overnight storage of [fleet vehicles, or] vehicles used in
conjunction with a commercial business of C-2 zoned lands shall occur within a
completely enclosed building, unless conditional use approval is granted for outdoor
storage of vehicles. Nonconforming situations that were otherwise lawful prior to the
effective date of this section of the ordinance shall comply with this ordinance or any
subsequent amendment to this ordinance within 180 days of its effective date.
Sec. 2.2.14. Commercial intermediate district (C-3).
2.2.14.1. Purpose and intent. The purpose and intent of the commercial intermediate
district (C-3) is to provide for a wider variety of goods and services intended for
areas expected to receive a higher degree of automobile traffic. The type and
variety of goods and services are those that provide an opportunity for comparison
shopping and have a trade area consisting of several neighborhoods and are
preferably located at the intersection of two arterial level streets. Most activity
centers meet this standard. This district is also intended to allow all of the uses
permitted in the C-I and C-2 zoning districts typically aggregated in planned
shopping centers. This district is not intended to permit wholesaling type of uses,
or land uses that have associated with them the need for outdoor storage of
equipment and merchandise. A mixed-use project containing a residential
component is permitted in this district subject to the criteria established hereinl
The C-3 district is permitted in accordance with the locational criteria for
commercial and the goals, objectives and policies as identified in the future land
use element of the Collier County growth management plan. The maximum
density permissible in the commercial intermediate district and the urban mixed
use land use designation shall be guided, in part, by the density rating system
contained in the future land use element of the Collier County growth
management plan. The maximum density permissible or permitted in a district
shall not exceed the density permissible under the density rating system.
2.2.14.2. Permitted uses. The following uses, as defined with a number from the Standard
Industrial Classification Manual (1987), or as otherwise provided for within this
section, are permitted as of right, or as uses accessory to permitted uses in the
commercial intermediate district (C-3).
2.2.14.2.1. Permitted uses.
1. Unless otherwise provided for in this section, all permitted uses of the C-2
commercial convenience district.
2. Apparel and accessory stores 5,000 square feet or less of gross floor area in
the principal structure (groups 5611--5699).
3. Auto and home supply stores 5,000 square feet or less of gross floor area in
the principal structure (5531).
4. Automotive services (7549) except that this shall not be construed to permit
the activity of "wrecker service (towing) automobiles, road and towing
service."
5. Business services (groups 7311, 7313, 7322--7338, 7361--7379, 7384, 7389
except auctioneering service, automobile recovery, automobile repossession,
batik work, bottle exchanges, bronzing, cloth cutting, contractors' disburse -
ment, cosmetic kits, cotton inspection, cotton sampler, directories - telephone,
drive-away automobile, exhibits-building, filling pressure containers, field
warehousing, fire extinguisher, floats-decoration, folding and refolding, gas
systems, bottle labeling, liquidation services, metal slitting and shearing,
packaging and labeling, patrol of electric transmission or gas lines, pipeline or
powerline inspection, press clipping service, recording studios, repossession
service, rug binding, salvaging of damaged merchandise, scrap steel cutting
and slitting, shrinking textiles, solvent recovery, sponging textiles, swimming
pool cleaning, tape slitting, texture designers, textile folding, tobacco sheeting,
window trimming, and yacht brokers).
6. Eating places 6,000 square feet or less in gross floor area in the principal
structure (5812 only). All establishments engaged in the retail sale of
alcoholic beverages for on-premise consumption are subject to locational
requirements of section 2.6.10.
7. Food stores 5,000 square feet or less of gross floor area in the principal
structure (groups 5411--5499).
8. General merchandise stores 5,000 square feet or less of gross floor area in the
principal structure (groups 531 ! 5331-5399).
9. Group care facilities (category I and II, except for homeless shelters); care
units, except for homeless shelters; nursing homes; assisted living facilities
pursuant to § 400.402 F.S. and ch. 58A-5 F.A.C.; and continuing care
retirement communities pursuant to § 651 F.S. and ch. 4-193 F.A.C.; all
subject to section 2.6.26.
10. [Reserved.]
11. Home furniture, furnishing, and equipment stores 5,000 square feet or less of
gross floor area in the principal structure (groups 5712--5736).
12. Libraries (8231).
13. Marinas (4493), subject to section 2.6.22.
14. Membership organizations (8611--8699).
15. Miscellaneous repair services (groups 7629-7631, 7699 bicycle repair,
binocular repair, camera repair, key duplicating, lawnmower repair, leather
goods repair, locksmith shop, picture framing, and pocketbook repair only).
16. Miscellaneous retail 5,000 square feet or less of gross floor area, except drug
stores (groups 5912--5963 except pawnshops and building materials, 5992--
5999 except auction rooms, awning shops, gravestones, hot tubs, monuments,
swimming pools, tombstones and whirlpool baths).
17. Museums and art galleries (8412) art galleries only.
18. Nondepository credit institutions (groups 6111--6163).
19. Paint, glass and wallpaper stores 5,000 square feet or less of gross floor area in
the principal structure (5231).
20. Personal services 5,000 square feet or less of gross floor area in the principal
structure (groups 7211, 7212, 7215, 7216 nonindustrial dry cleaning only,
7221--7251, 7291, 7299 babysitting bureaus, clothing rental, costume rental,
dating service, depilatory salons, diet workshops, dress suit rental, electrolysis,
genealogical investigation service, and hair removal only).
21. Physical Fitness Facilities (7991)
21.22 Public administration (groups 9111--9199, 9229, 9311, 9411--9451, 9511--
9532, 9611--9661).
22.23. Retail nurseries, lawn and garden supply stores 5,000 square feet or less of
gross floor area in the principal structure (5261).
g-3. 24. Veterinary services (groups 0742, 0752 excluding outside kenneling).
-24. 25. Videotape rental 5,000 square feet or less of gross floor area in the
principal structure (7841).
g-5. 26. United States Postal Service (4311 except major distribution centers).
g6. 27. Any use which was permissible under the prior GRC zoning district and
which was lawfully existing prior to the adoption of this Code.
2.2.14.3. Conditional uses. The following uses are permissible as conditional uses in the
commercial intermediate district (C-3), subject to the standards and procedures
established in division 2.7.4.
1. Amusements and recreation services (groups 7911, 7922 community
theaters only, 7933, -mn~, ~-~ ~, 7993, 7999 boat rental, miniature golf course,
bicycle and moped rental, rental of beach chairs and accessories only).
2. Drinking places (5813) excluding bottle clubs. All establishments engaged
in the retail sale of alcoholic beverages for on-premise consumption are
subject to the locational requirements of section 2.6.10.
3. Educational services (8221, 8222)
4_~. Homeless shelters, as defined by this Code.
5_4. Hospitals (groups 8062--8069).
65. Justice, public order and salty (groups ~'~ I o.,A 9221, 9222, 9224,
9229).
76. Social services (8322--8399).
8:3. Mixed residential and commercial uses, subject to the following criteria:
a. A site development plan is approved pursuant to division 3.3 that is
designed to protect the character of the residential uses and
neighboring lands;
b. The commercial uses in the development may be limited in hours of
operation, size of delivery trucks, and type of equipment;
c. The residential uses are designed so that they are compatible with the
commercial uses;
d. Residential dwelling units are located above principal uses;
e. Residential and commercial uses do not occupy the same floor of a
building;
f. The number of residential dwelling units shall be controlled by the
dimensional standards of the C-3 district, together with the specific
requirement that in no instance shall the residential uses exceed 50
percent of the gross floor area of the building or the density
permitted under the growth management plan;
g. Building height may not exceed two stories;
h. Each residential dwelling unit shall contain the following minimum
floor areas: efficiency and one-bedroom, 450 square feet; two-
bedroom, 650 square feet; three-bedroom, 900 square feet;
i. The residential dwelling units shall be restricted to occupancy by the
owners or lessees of the commercial units below;
j. A minimum of 30 percent of the mixed use development shall be
maintained as open space. The following may be used to satisfy the
open space requirements: areas used to satisfy water management
requirements; landscaped areas; recreation areas; or setback areas
not covered with impervious surface or used for parking (parking lot
islands may not be used unless existing native vegetation is
maintained);
k. The mixed commercial/residential structure shall be designed to
enhance compatibility of the commercial and residential uses
through such measures as, but not limited to, minimizing noise
associated with commercial uses; directing commercial lighting
away from residential units; and separating pedestrian and vehicular
accessways and parking areas from residential units, to the greatest
extent possible.
9_8. Motion picture theaters, except drive-in (7832).
10. Permitted personal services, video rental or retail uses (excluding drug St°res
(5912)), with more than 5,000 square feet of gross floor area in the principal
structure.
11. Permitted food service (eating places) uses with more than 6,000 square feet
of gross floor area in the principal structure.
12.~9. Permitted use with less than 700 square feet gross floor area in the principal
structure.
13~-1-0. Soup kitchens, as defined by this Code.
1~444-. Vocational schools (8243--8299).
15. Any other intermediate commercial use which is comparable in nature with
the foregoing list of permitted uses and consistent with the permitted uses and
purpose and intent statement of the district, as determined by the Board of Zoning
Adjustment and Appeals.
2.2.14.4. through 2.2.14.7. No chan~es
2.2.14.7. Special Regulations for C-3 goned prot~erties whose orot~ertv boundaries are
within 50 feet ora property boundary of Residentially ;~oned lands.
2.2.14.7.1. The parking or overnight storage of [fleet. vehicles, or] vehicles used in
conjunction with a commercial business of C-3 zoned lands shall occur within a
completely enclosed building, unless conditional use approval is granted for outdoor
storage of vehicles. Nonconforming situations that were otherwise lawful prior to the
effective date of this section of the ordinance shall comply with this ordinance or any
subsequent amendment to this ordinance within 180 days of its effective date.
Sec. 2.2.15. General commercial district (C-4).
2.2.15.1. Purpose and intent. The general commercial district is intended to provide for
those types of land uses that attract large segments of the population at the same
time by virtue of scale, coupled with the type of activity. The purpose and intent
of the C-4 district is to provide the opportunity for the most diverse types of
commercial activities delivering goods and services, including entertainment and
recreational attractions, at a larger scale then the C-1 through C-3 districts. As
such, all of the uses permitted in the C-1 through C-3 districts are also permitted
in the C-4 district. The outside storage of merchandise and equipment is
prohibited, except to the extent that it is associated with the commercial activity
conducted on site such as but not limited to automobile sales, marine vessels, and
the renting and leasing of equipment. Activity centers are suitable locations for
the uses permitted by the C-4 district because most activity centers are located at
the intersection of arterial roads; therefore the uses in the C-4 district can most be
sustained by the transportation network of major roads. The C-4 district is
permitted in accordance with the locational criteria for commercial and the goals,
objectives and policies as identified in the future land use element of the Collier
County growth management plan. The maximum density permissible or permitted
in a district shall not exceed the density permissible under the density rating
system.
2.2.15.2. Permitted uses. The following uses, as identified within the Standard Industrial
Classification Manual, or as otherwise provided for within this section, are
permitted as of right, or as uses accessory to permitted uses in the general
commercial district (C-4).
2.2.15.2.1. Permitted uses.
1. Unless otherwise provided for in this Code, all permitted uses in the C-3
commercial intermediate district.
2. Agricultural services (groups 0741 except outdoor kenneling, 0742 except
outdoor kenneling, 0752, except outdoor kenneling-0783 o:Ac-opt-out~
3. Amusements and recreation services, indoor (groups 7911--7941, 7991--
7993, 7997, 7999), outdoor (7999), including only fishing piers and lakes
operation, houseboat rental, pleasure boat rental, operation of party fishing
boats, canoe rental.
4. Automotive dealers and gasoline service stations (groups 5511,5531, 5541
with services and repairs as described in section 2.6.28, 5571, 5599 new
vehicles only).
5. Automotive repair, services, parking (groups 7514, 7515, 7521 except that
this shall not be construed to permit the activity of "tow-in parking lots"),
and carwashes (group 7542), provided that carwashes abutting residential
zoning districts shall be subject to the following criteria:
a. Size of vehicles. Carwashes designed to serve vehicles exceeding a
capacity rating of one ton shall not be allowed.
b. Minimum yards.
1. Front yard setback: 50 feet.
2. Side yard setback: 40 feet.
3. Rear yard setback: 40 feet.
c. Minimum frontage. A carwash shall not be located on a lot with less
than 150 feet of frontage on a dedicated street or highway.
d. Lot size. Minimum 18,000 square feet.
e. Fence requirements. If a carwash abuts a residential district, a masonry
or equivalent wall constructed with a decorative finish, six feet in
height shall be erected along the lot line opposite the residential district
and the lot lines perpendicular to the lot lines opposite the residential
district for a distance not less than 15 feet. The wall shall be located
within a landscaped buffer as specified in section 2.4.7. All walls shall
be protected by a barrier to prevent vehicles from contacting them.
f. Architecture. The building shall maintain a consistent architectural
theme along each building facade.
g. Noise. A carwash shall be subject to Ordinance No. 90-17, Collier
County Noise Control Ordinance [Code ch. 54, art. IV].
h. Washing and polishing. The washing and polishing operations for all
car washing facilities, including self-service car washing facilities, shall
be enclosed on at least two sides and shall be covered by a roof.
Vacuuming facilities may be located outside the building, but may not
be located in any required yard area.
i. Hours of operation. Carwashes abutting residential districts shall be
closed from 10:00 p.m. to 7:00 a.m.
6. Building materials, hardware and garden supplies (groups 5231--5261).
7. Business services (groups 7311--7352, 7359 except airplane, industrial truck,
portable toilet and oil field equipment renting and leasing, 7361--7297
738 l,except armored car and dog rental, 7382-7389 except auctioneering
service, automobile recovery, automobile repossession, batik work, bottle
exchanges, bronzing, cloth cutting, contractors' disbursement, cosmetic kits,
cotton inspection, cotton sampler, directories - telephone, drive-away
automobile, exhibits-building, filling pressure containers, field warehousing,
fire extinguisher, floats-decoration, folding and refolding, gas systems, bottle
labeling, liquidation services, metal slitting and sheafing, packaging and
labeling, patrol of electric transmission or gas lines, pipeline or powerline
inspection, press clipping service, recording studios, repossession service,
rug binding, salvaging of damaged merchandise, scrap steel cutting and
slitting, shrinking textiles, solvent recovery, sponging textiles, swimming
pool cleaning, tape slitting, texture designers, textile folding, tobacco
sheeting, and window trimming service).
8. Commercial printing (2752, excluding newspapers).
9. Communications (groups 4812--4841) including communications towers up
to specified height, subject to section 2.6.35.
10. Eating and drinking establishments (5812, 5813) excluding bottle clubs. All
establishments engaged in the retail sale of alcoholic beverages for on-
premise consumption are subject to the locational requirements of section
2.6.10.
11. Educational services (8221, 8222)
12__~. Engineering, accounting, research, management and related services (groups
8711--8748).
13. Group care facilities (category I and II, except for homeless shelters); care
units, except for homeless shelters; nursing homes; assisted living facilities
pursuant to § 400.402 F.S. and ch. 58A-5 F.A.C.; and continuing care
retirement communities pursuant to § 651 F.S. and ch. 4-193 F.A.C.; all
subject to section 2.6.26.
14. Health services (groups 8051--8059, 8062-8069, 8071--8072 and 8092--
8099).
15. Hotels and motels (groups 7011, 7021, 7041 when located within an activity
center).
16. Marinas (4493, 4499 except canal operation, cargo salvaging, ship
dismantling, lighterage, marine salvaging, marine wrecking, steamship
leasing), subject to section 2.6.22.
17. Miscellaneous repair services (groups 7622--7641, 7699 except agricultural
equipment repair, awning repair, beer pump coil cleaning and repair,
blacksmith shops, catchbasin, septic tank and cesspool cleaning,
coppersmithing, farm machinery repair, fire equipment repair, furnace and
chimney cleaning, industrial truck repair, machinery cleaning, repair of
service station equipment, boiler cleaning, tinsmithing, tractor repair).
18. Miscellaneous retail (groups 5912-5963, 5992-5999).
19. Motion picture theaters (7832).
20. Public or private parks and playgrounds.
21. Personal services (groups 7215, 7217, 7219, 7261 except crematories, 7291--
7299).
22. Real estate (group 6512).
23. Social services (groups 8322--8399, except for homeless shelters and soup
kitchens).
24. [Reserved.]
25. Vocational schools (groups 8243--8299).
2.2.15.3. Conditional uses for C-4. The following uses are permitted as conditional uses in the
general commercial district (C-4), subject to the standards and procedures
established in division 2.7.4.
1. Agricultural services (groups 0741--0742, 0752, with outdoor kenneling).
2. Amusement and recreation services, outdoor (groups 7948, 7992, 7996, 7999).
3. Auctioneering services, auction rooms (7389, 5999).
4. Automotive dealers and gasoline service stations (groups 5521, 5551, 5561,
5599 outdoor display permitted).
'¸2/1
5. Automotive rental and leasing, outdoor display permitted (groups 7513, 7519).
6. Bottle clubs. (All establishments engaged in the retail sale of alcoholic
beverages for the on-premise consumption are subject to the locational
requirements of section 2.6.10.)
7. Fishing, hunting and trapping (groups 0912--0919).
8. Fuel dealers (groups 5983--5989).
9. Homeless shelters, as defined by this Code.
10. Hotels and motels (groups 7011, 7021, 7041 when located outside an activity
center).
11. Justice, public order and safety (groups 9222 92?, 9221, 9222, 9224, 9229).
12. Kiosks.
13. Local and suburban transit (groups 4111--4121, bus stop and van pool stop
only).
14. Motion picture theaters (7833).
15. Communication towers above specified height, subject to section 2.6.35.
16. Permitted use with less than 700 square feet of gross floor area in the principal
structure.
17. Soup kitchens as defined by this Code.
18. Motor freight transportation and warehousing (4225 air conditioned and mini-
and self storage warehousing only).
19. Any other general commercial use which is comparable in nature with the foregoing
list of permitted uses and consistent with the permitted uses and purpose and intent
statement of the district, as determined by the Board of Zoning Adjustment and
Appeals.
2.2.15.4. through 2.2.15.8. No changes
2.2.15.9. Special Regulations for C-4 zoned properties whose property boundaries are
within 50 feet ora property boundary Of Residentially goned lands.
2.2.15.9. i. The parking or overnight storage of [fleet vehicles, or] vehicles used in
coniunction with a commercial business of C-4 zoned lands shall occur within a
completely enclosed building, unless conditional use approval is granted for outdoor
storage of vehicles. Nonconforming situations that were otherwise lawful prior to the
effective date of this section of the ordinance shall comply with this ordinance or any
subsequent amendment to this ordinance within 180 days of its effective date.
Sec. 2.2.151/2. Heavy commercial district (C-5).
2.2.15 ~/2.1. Purpose and intent. In addition to the uses provided in the C-4 zoning district, the
heavy commercial district (C-5) allows a range of more intensive commercial
uses and services which are generally those uses that tend to utilize outdoor space
in the conduct of the business. The C-5 district permits heavy commercial
services such as full-service automotive repair, and establishments primarily
engaged in construction and specialized trade activities such as contractor offices,
plumbing, heating and air conditioning services, and similar uses that typically
have a need to store construction associated equipment and supplies within an
enclosed structure or have showrooms displaying the building material for which
they specialize. Outdoor storage yards are permitted with the requirement that
such yards are completely enclosed or opaquely screened. The C-5 district is
permitted in accordance with the locational criteria for commercial and the goals,
objectives and policies as identified in the future land use element of the Collier
County growth management plan.
2.2.15 V2.2. Permitted uses. The following uses, as identified within [with] a number from the
Standard Industrial Classification Manual (1987), or as otherwise provided for
within this section, are permitted as of fight, or as uses accessory to permitted
uses in the heavy commercial district (C-5).
2.2.15 V2.2.1. Permitted uses.
1. Unless otherwise provide for in this section, all permitted uses in the C-4
general commercial district.
2. Auctioneering/auction houses (groups 7389, 5999).
3. Automotive dealers and gasoline service stations (groups 5511--5599).
4. Automotive repair, services and parking (groups 7513--7549), provided that
carwashes abutting residential zoning districts shall be subject to the following
criteria:
a. [Size of vehicles.] Carwash designed to serve vehicles exceeding a
capacity rating of one ton shall not be allowed.
b. Minimum yards.
(1) Front yard setback: 50 feet.
(2) Side yard setback: 40 feet.
(3) Rear yard setback: 40 feet.
c. Minimum frontage. A carwash shall not be located on a lot with less than
150 feet of frontage on a dedicated street or highway.
d. Lot size. Minimum 18,000 square feet.
e. Fence requirements. If a carwash abuts a residential district, a masonry or
equivalent wall constructed with a decorative finish, six feet in height shall
be erected along the lot line opposite the residential district and the lot
lines perpendicular to the lot lines opposite the residential district for a
distance not less than 15 feet. The wall shall be located within a
landscaped buffer as specified in section 2.4.7. All walls shall be protected
by a bamer to prevent vehicles from contacting them.
f. Architecture. The building shall maintain a consistent architectural theme
along each building facade.
g. Noise. A carwash shall be subject to Ordinance No. 90-17, Collier County
Noise Control Ordinance [Code ch. 54, art. IV].
h. Washing and polishing. The washing and polishing operations for all car
washing facilities, including self-service car washing facilities, shall be
enclosed on at least two sides and shall be covered by a roof. Vacuuming
facilities may be located outside the building, but may not be located in
any required yard area.
i. Hours of operation. Carwashes abutting residential districts shall be closed
from 10:00 p.m. to 7:00 a.m.
5. Building construction--general contractors (groups 1521--1542).
6. Building materials (groups 5211--5261).
7. Business services (groups 7311--7353, 7359,7389 contractors' disbursement,
directories-telephone, recording studios, swimming pool cleaning, and textile
designers only).
8. Construction--special trade contractors (groups 1711--1793, 1796, 1799).
9. Education services (groups 8243--8249).
10. Motor freight transportation and warehousing (4225 mini- and self-storage
warehousing only).
11. Fishing, hunting and trapping (groups 0912- -1-0919).
12. Glass and glazing work (1793).
13-1-3. Crematories (7261).
144--3. Justice, public order and safety (groups o.~ ~ ~ o~,.~ n,,, n~,.c~ 9211,
9221, 9222, 9224, 9229).
15.~. Local and suburban transit (groups 4111--4121).
16-1-5. Mobile home dealers (5271).
17.___~. Miscellaneous repair services (groups 7622--7699).
18___~. Outdoor storage yard, provided outdoor storage yard not be located closer
than 25 feet to any public street and that such yard shall be completely
enclosed, except for necessary ingress and egress, pursuant to the
requirements of Section 2.2.151/2.6 of this Code. This provision shall not
allow as a permitted or accessory use, wrecking yards, junkyards, or yards
used in whole or part for scrap or salvage operations or for processing,
storage, display, or sales of any scrap, salvage, or secondhand building
materials, junk automotive vehicles, or secondhand automotive vehicle
parts.
19-1-8. Printing, publishing, and allied industries (groups 2711, 2721).
20___~. Transportation services (groups 4724---t4_729).
2.2.15 V2.3. Conditional uses for C-5. The following uses are permissible as conditional uses in
the heavy commercial district (C-5), subject to the standards and procedures
established in division 2.7.4.
1. Agricultural services (groups 0741--0742, 0752, with outdoor kenneling).
2. Amusement and recreation services, outdoor (groups 7948, 7992, 7996, 7999).
3. Bottle clubs. (All establishments engaged in the retail sale of alcoholic
beverages for on-premise consumption are subject to the locational
requirements of section 2.6.10.)
4. Child day care services (8351), provided:
a. All areas and surfaces readily accessible to children shall be free of toxic
substances and hazardous materials. This shall include all adjacent and
abutting properties lying within 500 feet of the child care center's nearest
property line.
(1) For purposes of this subsection, the following definitions shall
apply:
(a) Hazardous materials: A material that has any of the following
properties; ignitable, corrosive, reactive and/or toxic.
(b) Toxic substances: a substance which is, or is suspected to be,
carcinogenic, mutagenic, teratogenic, or toxic to human beings.
b. It shall not be located within 500 feet of the nearest property line of land
uses encompassing wholesale storage of gasoline, liquefied petroleum,
gas, oil, or other flammable liquids or gases.
c. It shall not be located on the same street customarily utilized by
construction truck traffic from asphalt plants and excavation quarries.
d. It shall have a minimum lot area of 20,000 square feet and a minimum lot
width of 100 feet.
e. It shall provide a minimum usable open space of not less than 30 percent
of the total square footage of the lot area.
f. It shall provide that all open spaces to be used by children will be
bounded by a fence of not less than five feet in height, to be constructed
of wood, masonry or other approved material.
g. It shall provide a landscape buffer in accordance with division 2.4.
h. It shall comply with the State of Florida Department of Health and
Rehabilitative Services Child Day Care Standards, Florida Administrative
Code, chapter 10M-12, effective March 11, 1986.
i. Where a child care center is proposed in conjunction with, and on the
same parcel as, a facility which is a permitted use, the requirements set
forth in subparagraphs a through h above, with the exceptions of
[subparagraphs] d and e, shall be used to provide the protections to
children using the child care center intended by this section consistent
with the development of the proposed permitted use.
5. Communications (groups 4812--4841) with communications towers that
exceed specified height, subject to section 2.6.35.
6. Farm product raw materials (groups 5153--5159).
7. Fuel dealers (groups 5983--5989).
8. Homeless shelters, as defined by this Code.
9. Hotels and motels (groups 7011, 7021, 7041 when located outside an activity
center.)
10. Justice, public order and safety (groups 9229 927, )
11. Kiosks.
12. Local and suburban passenger transportation (groups 4131--4173).
13. Motion picture theaters (7833, drive-ins).
14. Permitted uses with less than 700 square feet of gross floor area in the principal
structure.
15. Soup kitchens, as defined by this Code.
16. Transfer stations (4212, local refuse collection and transportation only).
17. Any other heavy commercial use which is comparable in nature with the
foregoing list of permitted uses and consistent with the purpose and
intent statement of the district, as determined by the Board of Zoning
Adjustment and Appeals.
2.2.15 V2.4. through 2.2.15 1/2.9. No changes
2.2:15 V2.10. Special Regulations for C-5 z~oned properties whose property boundaries
are within 50 feet ora property boundary of Residentially z~oned lands.
2.2.15 V2.10.1. The parking or overnight storage of [fleet vehicles, or] vehicles used in
conjunction with a commercial business of C-5 zoned lands shall occur within a
completely enclosed building, unless conditional use approval is granted for outdoor
storage of vehicles. Nonconforming situations that were otherwise lawful prior to the
effective date of this section of the ordinance shall comply with this ordinance or any
subsequent amendment to this ordinance within 180 days of its effective date.
ORIGIN: Community Development & Environmental Services Division
AUTHOR: Susan Murray, AICP
DEPARTMENT: Planning Services
LDC PAGE: LDC2:71
LDC SECTION: 2.2.20.2.1.
CHANGE: To require applicants to specifically identify those proposed modifications to the
Land Development Code requirements in the application for a Planned Unit Development (PUD)
and in the PUD document.
REASON: To clearly identify those modifications to the regulations and development standards
contained in the LDC to allow such modifications to be clearly identified in the PUD document
to both the Board of County Commissioners and the public during the public hearing process.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
GROWTH MANAGEMENT PLAN IMPACT: This amendment will have no impact on the
Growth Management Plan.
Amend the LDC as follows:
Sec. 2.2.20.2.1. Relation of planned unit development regulations to the growth management
plan, zoning, subdivision, or other applicable regulations. All applications for PUDs shall be in
full compliance with the future land uses element and the goals, objectives, and policies of all
elements of the growth management plan. Proposed PUD developments shall demonstrate
consistency with "Smart Growth" principles as adopted in the policy guide on smart growth by
the American Planning Association (APA). All development regulations, including overlay
districts or special development standards for specific land use types, or the like, and
supplemental regulations and other applicable provisions of all county ordinances such as, but
not limited to, all provisions of the Collier County land development code, as may be amended,
shall apply unless specifically modified by the approved PUD document and PUD master plan.
Where the application for a PUD proposes to modify any of the regulations set forth in the Land
Development Code, the application, the PUD document and the PUD Master Plan shall
specifically identify the LDC Section number, the specific regulation and the proposed
modification to such regulation, in a standard format established by the Planning Services
Director.
ORIGIN: Community Development & Environmental Services Division
AUTHOR: Susan Murray, AICP
DEPARTMENT: Planning Services
LDC PAGE(S): LDC2.114.48
LDC SECTION(S): 2.2.28.5.3.
CHANGES: To amend section 2.2.28.5.3. to allow gasoline (diesel) fuel buying in bulk and
selling to farmers as defined by Standard Industrial Classification 5172.
REASONS: To allow gasoline fuel buying in bulk and selling to farmers, as requested by
applicant, for the Farm Market Overlay Subdistrict.
FISCAL & OPERATIONAL IMPACT: None
RELATED CODES OR REGULATIONS: None
GROWTH MANAGEMENT PLAN IMPACT: None
Amend the LDC as follows:
Sec. 2.2.28.5.3. Permitted Uses: All permitted uses within the underlying zoning districts, and
the following uses, as identified in the Standard Industrial Classification Manual (1987), are
permitted as a right in this sub-district.
1. Agricultural Services (0723)
2. Wholesale Trade (5148)
3. Agricultural Outdoor Sales
4. Petroleum Bulk Stations and Terminals (5171) and Petroleum and Petroleum Products
Wholesalers, r: .... , r~..n, c,~.: ...... "'r~--:~a~° (5172 - Gasoline: buying in bulk and
selling to farmers - wholesale only): provided:
a. Separation Requirements: There shall be ti minimum qistance of 500 feet, shortest
airline measuren~ent, between the nearest points on any lot or parcel of land
containing such .... ',"
opc~at~cns, and any lot or parcel which is ah'eady occupied by
such operation, or for which a buildine permit has been issued.
b. Waiver ofiSeparatirm R~.quir~m~ ntx: The board of zonim, appeals may, by
resolution, grant a waiver of part or all of~ the minimum separation requirements
set forth above as per Section ._.6.,.8.4.
c. Separationj'rom Residential: There shall be a minimum distance of 50() feet,
shortest airline measurement, from all residentially zoned or used land.
d. Maximum lot area: One (1) acre.
ORIGIN: Community Development & Environmental Services Division
AUTHOR:
DEPARTMENT: Planning Services
LDC PAGE(S): LDC2:29 & LDC2:31-32
LDC SECTION: 2.2.6. & 2.2.7.
CHANGE: Revise method by which setbacks are determined in the RMF-12 & RMF-16
zoning districts
REASON: This revision would make the method for determining setbacks in these
zoning districts compatible with the method used in similar residential zoning districts
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
GROWTH MANAGEMENT PLAN IMPACT: This amendment will have no impact
on the Growth Management Plan
Amend the LDC as follows:
Sec. 2.2.6. Residential multiple-family-12 district (RMF-12)
2.2.6.4.3. Minimum yard requirements.
1. Front yard - Thirty feet.
2. Side yards - One-half of the building height as measured from
~.~, ~v.~.4 ...... "~" ~' ........... the first floor of the
.................... ;; lng .....
structure, with a minimum of 15 feet.
Sec 2.2.7. Residential multiple-family-16 district (RMF-16)
2.2.7.4.3. Minimum yard requirements.
1. Front yard - One half of the building height as measured from each
exte~or ;;'all or wing of a gtr',:ct',:re the first floor of the structure
with a minimum of 30 feet.
2. Side yards - One-half of the building height as measured from
,~ ~v~.4 ...... n ..... ~ ^~ ~ structt:re the first floor of the
structure with a minimum of 15 feet.
3. Rear yard - One-half the building height as measured from
,~,'~"~'~., ~xt~ ............ ~,4 ...... ,, ~,.n ..... ~e, ~ a ~.~'~,,~,~,~ .... the first floor of the
structure with a minimum of 30 feet.
ORIGIN: Community Development & Environmental Services Division
AUTHOR: Susan Murray, AICP
DEPARTMENT: Planning Services
LDC PAGE: LDC2.232
LDC SECTION: 2.7.2.3.4
CHANGE: To amend section 2.7.2.3.4 to require the Collier County Planning
Commission to meet once for amendments to the Land Development Code as opposed to
twice.
REASON: Statutorily there is no requirement for the CCPC to have two evening
meetings for the purpose of reviewing and advising the Board of County Commissioners
relative to LDC amendments. The current regulations go beyond statutory requirements
which pose an administrative burden on the staff and inhibits achieving the time lines
normally established for LDC amendment cycles.
FISCAL & OPERATIONAL IMPACTS: None
REATED CODES OR REGULATIONS: None
GROWTH MANAGEMENT PLAN IMPACT: None
Amend the LDC as follows:
Sec. 2.7.2.3.4 Notice and public hearing requirements where proposed amendment
initiated by the board of county commissioners would change the zoning map designation
of a parcel or parcels of 4a~ involves ten contiguous acres or more of land in the county
or would change the actual list of permitted, conditional, or prohibited uses of land
within a zoning category. Ordinances or resolutions t-P,-eases initiated by the board of
county commissioners-m which th~ proposed to change to the zoning map designation of
a parcel or parcels of land ~ involving ten acres or more of land, or which
changes the actual list of permitted, conditional or prohibited uses of land within a zoning
category such ..... :o: ....1~11
V ................must be enacted or amended pursuant to the following
minimum public notice and hearing requirements: by *~'~,...~ -'~;v.~.......e, ...... ,~.~....-.oo.,...;°o;^~ and. thc
board cc ..... * ...... ;~; .....
1. The planning commission must hold at least one advertised public hearing unless
the planning commission elects, by a majority decision, to hear such ordinance or
resolution at two public hearings. If there is only one hearing required before the
planning commission, that hearing must be held after 5:00 p.m. on a weekday, and if
there are two hearings required before the planning commission, then at least one of
the required hearings must be held after 5:00 p.m. on a weekday, and in which case
the first hearing must be held approximately seven days after the day that the first
advertisement is published. The second hearing will be held approximately two
weeks after the first hearing and must be advertised approximately five days prior to
the public hearing. The day, time and place of a second public hearing must be
announced at the first public hearing.
ORIGIN: Community Development & Environmental Services Division
AUTHOR: Susan Murray, AICP
DEPARTMENT: Planning Services
LDC PAGE: LDC2.243
LDC SECTION: 2.7.3.4
CHANGE: To amend section 2.7.3.4 to eliminate the extension option for those PUD's
subject to the 5 year time frame for sunsetting purposes and to add the option that the
Board may direct staff to initiate the rezoning process.
REASON: As directed by the BCC. The BCC is of the opinion that PUD's that have
failed to commence development per the sunsetting criteria established in the LDC
should be subject to amendment or the Board should have the right to initiate rezoning
action. The Board is of the opinion that substantial changes to the LDC and GMP have
left these older P UD's with greater potential for inconsistency with amended regulations
and therefore they should not be permitted to be extended.
FISCAL & OPERATIONAL IMPACTS: None
REATED CODES OR REGULATIONS: None
GROWTH MANAGEMENT PLAN IMPACT: None
Amend the LDC as follows:
Sec. 2.7.3.4
Should the development services director determine that the development has not
commenced in earnest, then upon review and consideration of the report provided by the
owner and any supplemental information that may be provided, the board of county
commissioners shall elect one of the following:
1. To extend the current PUD approval for a maximum period of two years; at the
end of which time, the owner will again submit to the procedure as defined herein.
2. Require the owner to submit an amended PUD in which the unimproved portions
of the original PUD shall be consistent with the growth management plan. The
existing PUD shall remain in effect until subsequent action by the board on the
submitted amendment of the PUD.
3. If the owner fails to submit an amended PUD within six months of board action to
require such an amended submittal, then the board may initiate proceedings to
rezone the unimproved portions of the original PUD to an appropriate zoning
classification consistent with the future land use element of the growth
management plan.
(TEXT CONTINUES)
If in the event of a moratorium or other action of government that prevents the approval
of any final development order the duration of the suspension of the approval shall not be
counted towards the ~ sunset provision.
ORIGIN: Transportation Services
AUTHOR: Edward Kant, P.E., John Houldsworth, Engineer
DEPARTMENT: Transportation Services
LDC PAGE: LDC3:77
LDC SECTION: 3.3.7.1.10(4) Permits
CHANGE: Require Collier County right-of-way permit (when applicable) at the time of Site
Development Plan (SDP) approval as opposed to at the time of building permit.
REASON: The review and approval of the right-of-way permit is integral to the Site
Development Plan.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: Collier County Right-of-Way Handbook
GROWTH MANAGEMENT PLAN IMPACT: None
Amend the LDC as follows:
3.3.7.1.10 (4) Collier County right-of-way permih if required~ prior to or at site
development plan ~' '~'~ ':--~ ~e ~...:~.,: ...... :' approval.
May 24, 2002
Ms. Pam Perrell
Naples Daily News
1075 Central Avenue
Naples, FL 34102
Re: Notice of Public Hearing to Consider LDC-2002-Cycle 1
Dear Pam:
Please advertise the above referenced notice on Monday, June
3, 2002, and send the Affidavit of Publication, in
duplicate, together with charges involved to this office.
Thank you.
Sincere~ly, ·
Ellie Hof fman,
Deputy Clerk
Enclosure
Account 113-138312-649110
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on WEDNESDAY, JUNE 19, 2002 in the
Boardroom, 3rd Floor, Administration Building, Collier County Government
Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County
Commissioners will consider the enactment of a County Ordinance. The meeting
will commence at 5:05 P.M. The title of the proposed Ordinance is as follows:
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS AMENDED,
THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES
THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED
AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION
ONE, RECITALS; SECTION TWO, FINDINGS OF FACT: SECTION THREE,
ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE,
MORE SPECIFICALLY AMENDING THE FOLLOWING: ARTICLE 2, ZONING,
DIVISION 2.1. GENERAL; DIVISION 2.2. ZONING DISTRICTS, PERMITTED
USES, CONDITIONAL USES, DIMENSIONAL STANDARDS INCLUDING
REVISIONS TO THE C-1 THROUGH C-5 AND INDUSTRIAL ZONING
DISTRICTS LIST OF PERMITTED AND CONDITIONAL USES; DIVISION 2.4
LANDSCAPING AND BUFFERING; DIVISION 2.6 SUPPLEMENTAL DISTRICT
REGULATIONS; DIVISION 2.7 ZONING ADMINISTRATION AND
PROCEDURES; DIVISION 2.8 ARCHITECTURAL AND SITE DESIGN
STANDARDS AND GUIDELINES FOR COMMERCIAL BUILDINGS AND
PROJECTS; DIVISION 3.2 SUBDIVISIONS; DIVISION 3.3 SITE
DEVELOPMENT PLANS; DIVISION 3.13 COASTAL CONSTRUCTION
SETBACK LINE VARIANCE; SECTION FOUR, CONFLICT AND
SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY
LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE.
Copies of the proposed Ordinance are on file with the Clerk to the Board and are
available for inspection. All interested parties are invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must register with the
County administrator prior to presentation of the agenda item to be addressed.
Individual speakers will be limited to 5 minutes on any item. The selection of an
individual to speak on behalf of an organization or group is encouraged. If
recognized by the Chairman, a spokesperson for a group or organization may be
allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in the Board
agenda packets must submit said material a minimum of 3 weeks prior to the
respective public hearing. In any case, written materials intended to be
considered by the Board shall be submitted to the appropriate County staff a
minimum of seven days prior to the public hearing. All material used in
presentations before the Board will become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need a
record of the proceedings pertaining thereto and therefore, may need to ensure
that a verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is based.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
JAMES N. COLETTA, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: /s/Ellie Hoffman, Deputy Clerk
(SEAL)
2A
TO: Pam Perrell
LOCATION: Naples Daily News
FAX NO: (941) 263-4703
COMMENTS: Please advertise as indicated -/-~ ~-7-~.-~
LOCATION: COLLIER COUNTY COURTHOUSE
FAX NO: (941) 774-8408
PHONE NO: (941) 774-
DATE SENT:
TIME SENT: //.',,~/~-/~.
# OF PAGES: A/
/
Ellie J. Hoffman
To: paperrell@naplesnews.com
Subject: LDC-2002-Cycle 1
Good Morning, Pam,
Please advertise the above referenced notice as indicated on the attached.
Thank you and have a great weekend!
EEIlie
LDC 6-19.doc LDC 6-19.doc
Naples Daily N~ws
Naples, FL 34102
Affidavit of ~ublication ' '
Naples Dni ly News NOTICE OF INTENT TO CONSIDER
................................................... + ............................ Notice Is hereby given ~ho'f ml WEDNESDAY, JUNE
' 19. ~2 In ~e ~. ~d ~. ~ml~n
~1~ ~11~ ~ ~ernm~ C~,
BOARD OF COUNTY CO~IM:SSIONERS , ~m~ ~dl~, T~ ~ ~1 ~e
CHERI LEFARA
P0 BOX 413016 ~:~ OEDINANCE A~N~NG OEDINANCE
NAPLES FL 3z~101-~O16 C~NTY ~ND DEVEL~NT COD~ ~ICH
INCLUDES T~ CO~EE~N~
TION5 F~ T~ UNINC~AT~ ~ OF
C~L~E COUNTY, ~IDA. BY ~OVlDI~
FOE ~CT~N O~ EEClTAL~; ~N TWO~
FINDINGS OF FA~: ~ION THEE~ ~OP-
REFERENCE: O012:~0 ~131383126491 TION~ ~ND~NT5 TO ~ ~ND DE-
5G~63766 NOTICE OF iNTENT TO ~NDIN~ THE FO~O~: ~T~E
' ZONING, DIVISION ~3. ~; DIVI~ON ~.3.
ZO~G D~TEI~ ~E~I~ U~ ~l-
St3t3 of Florida TIDAL U~S. DI~N~ION~ 5TA~D~
County of Co Ili er ~ING EEVlSlON5 TO T~ C-3 T~OU~
Before the u }dersigned authority, personally S A~ INDUSTRI~ ZONI~ DIS~I~ LIST
~ PERileD A~ CONDITIONAL U~S; DI-
appeared B. Lmb/ who on oath soya that she serves V~ION ~4 ~ING AND BUFFEE]NG;
as Assistant Sor~rat~ Secretary of the Hmples ~V~UP~E~ ~TE~T
~T~ ~~ING AD~INISTEA-
Da~ly Mews, a daily newspaper published at Naples, ~N~ND' PE~: ~Vl$1~ ~a AECHI-
in Cailler County, Florida: that the attached ~UE~ A~ a~ DE5~ STAND~
copy of advertising was published in said ~ ~ELINE5 F~ CO~ECI~ ~UILD-
I~ ~D PEOJECTB; DIVISION 3,2 SU~I-
newspaper on dates listed. ~: DIV~ON 3,3 SITE DE~LOP~ENT
Affiant further soys that the said Naples Daily .~NS; DI~N 3A3 COASTAL CONS~UC-
~ews is a newspaper publish~ at Naplest in said FOUR. CON~ ; -
TION FI~ IN~N IN THE COLLIER COUN-
~ollier county, Florida~ and that the said ~ DE~~ C~E; AND ~C-
newspaper has heretofore been continuously
TION SIX, EFFE~I~ DA' ,
published in said Collier County, Florida, each ~les~~%~n~fl~
day and has bee~ entered as second class mail Cl~~da ~-~ .. ·
All I~res~ ~I~ am 1~ ~ ~d a~
ma~ter at ;he post offfce in Naples, in said h~d.
Collier County, Florida, for a period of I year NO~=Nt~ ~1~ ~ s~ ~
next preceding the first publication of thc ~m m~'r~t~ ~.~e ~..~nl~
attached copy of advertisement/ and affi~mt pr~ ~ ~~ ~ ~ll~m~'
dr~ I~lvld~l ~s .,m ~ m .........
further says that she has neitiler p;.:id nor . ~ ~ ~ ~. ~ ~ ~ ~
promised any person, firm or corporation m~y ~~~~.m~-
diccount, rebate, commission or refund for [he ~E~nl~by~~.~ff~
purpose of securing thio advertisement for ~~an~
publi ct ion in the sa!d newspaper. ~s w~l~ ~ h~e ~ ~r~lc ~1~
I~ In ~e ~d ~ ~ mu~
PUSL[SHED ON: G6/03 ~ ~ ~rl~ ~ mln[mu~ ~ 3~ ~
~ve ~llc ~ ~ ~V.~<~~s
~ven ~vs pr~. ~ ~e.~b~lc ~ _
u~d In ~e~s ~e.~ ~ will
AD S~ACE: q ~0.000 ZNCH Anv pe~ ~ ~l~s ~ ~1 a ~b~ ~ ~e
lng ~ ~d ~e, ~ ~ ~ ens~[e
.......... -~-~ ........................................ ve~m r~a m ~ ~ ~s
Sworn to and .;ubscribed e me day of ~ 20~ ~ JAMES N. COLE~ CHAIR~N
B~/s/EIIle ~afl, ~ ~ .
~, D~na Ches~
~o.~ My Commission DD0563~
~5~ Expires Se~em~ 11,
2~5
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
To: Clerk to the Board: Please place the following as a:
XXX Normal legal Advertisement [] Other:
(Display Adv., location, etc.)
Originating Dept/Div: Comm.Dev.Serv./Planning Person: Date:
Susan Murray 4/4/02
Petition No. (If none, give brief description): LDC-2002-1 (Cycle 1 )
petitioner: (Name&Address): Collier County Planning Services 2800 hi. Horseshoe Drive
Name & Adckess of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet)
Hearing before XXX BCC BZA Other
Requested Hearing date:_ (O/ t(:~/~''' Based °n advertisement appearing ~:~' days bef°re hearing'
Newspaper(s) to be used: (Complete only if important):
XXX Naples Daily News Other [] Legally Required
Proposed Text: (include legal description & common location & Size: See attached title (Ad)
Companion petition(s), if any & proposed hearing date:
Does Petition Fee include advertising cost?,~es [] No If Yes, what account should be charged for advertising costs:
113-138312-649110 Approved by:
Reviewed by:
D)j~,' Date County Manage~ Date
List Attachments:
DISTRIBUTION INSTRUCTIONS_
A. For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before
submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request
for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute
copies:
[] County Manager agenda file: to [] Requesting Division [] Original
Clerk's Office
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
FOR CLERK'S OFFICE USE ,ON~LY: -
Date Received: t.{.~ -(~ ~ Date of Public hearing: ~.0'! 1~- 0 ~ Date Advertised: ~
F
COLLIER COUNTY GOVERNMENT
COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION
PLANNING SERVICES DEPARTMENT
June 19, 2002
2800 NORTH HORSESHOE DRIVE
NAPLES, FL 34104
BCC Public Hearing
NOTICE OF CONSIDERATION/ADOPTION
Notice is hereby given that on WEDNESDAY, June 19, 2002, at
5:05 P.M. in the Boardroom, 3rd Floor, Building "F," Collier
County Government Center, 3301 East Tamiami Trail, Naples,
Florida, the Board of County Commissioners will consider the
enactment of a County Ordinance pursuant to Chapter 125.66 (2),
Florida Statutes, the title of which is as follows:
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS AMENDED, THE
COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE
COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA, BY PROVIDING FOR= SECTION ONE,
RECITALS; SECTION TWO, FINDINGS OF FACT: SECTION THREE,
ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE
SPCIFICALLY AMENDING THE FOLLOWING: ARTICLE 2, ZONING, DIVISION
2.1. GENERAL; DIVISION 2.2. ZONING DISTRICTS, PERMITTED USES,
CONDITIONAL USES, DIMENSIONAL STANDARDS INCLUDING BUT NOT
LIMITED TO REVISIONS TO THE C-1 THROUGH C-5 AND INDUSTRIAL
ZONING DISTRICTS LIST OF PERMITTED AND CONDITIONAL USES;
EXTENSION OF DURATION OF THE PARTIAL MORATORIUM FOR THE RURAL
AND AGRICULTURAL AREA ASSESSMENT AND EXTENSION OF DURATION OF
THE PARTIAL MORATORIUM FOR THE NATURAL RESOURCE PROTECTION
AREAS; DIVISION 2.4 LANDSCAPING AND BUFFERING; DIVISION 2.6
SUPPLEMENTAL DISTRICT REGULATIONS; DIVISION 2.7 ZONING
ADMINISTRATION AND PROCEDT/RES; DIVISION 2.8 ARCHITECTURAL AND
SITE DESIGN STANDARDS AND GUIDELINES FOR COMMERCIAL BUILDINGS
AND PROJECTS; DIVISION 3.2 SUBDIVISIONS; DIVISION 3.3 SITE
DEVELOPMENT PLANS; DIVISION 3.13 COASTAL CONSTRUCTION SETBACK
LINE VARIANCE; DIVISION 3.15 ADEQUATE PUBLIC FACILITIES;
ARTICLE 6, DEFINITIONS DIVISION 6.3 INCLUDING BUT NOT LIMITED
TO THE DEFINITION FOR THE TERM HOTEL SUITE; SECTION FOUR,
CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE
COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX,
EFFECTIVE DATES.
Phone (941) 403-2400 Fax (941) 643-6968 www. colliergov, net
which will be effective within the unincorporated
area of Collier County, Florida, and as stated in
said Ordinance. The unincorporated area of Collier
County is shown on the map in this advertisement
Ail interested parties are invited to appear and be heard.
Copies of the proposed ordinance are available. Any person who
decides to appeal a decision of the Board will need a record of
the proceedings pertaining thereto and, therefore, may need to
ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the
appeal is to be based.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
JAMES N. COLETTA, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Maureen Kenyon, Deputy Clerk
LDC BCC AD 2 (5 day)
FAX
TO: Pam Perrell
LOCATTON: Naples Daily News
FAX NO.: (941) 263-4703
COMMENTS: Please advertise the enclosed notice as
indicated
FROM: Teri Michaels
Board Minutes IA Records
LOCATTON: COLLTI=R COUNTY COURTHOUSI=
FAX NO: (941) 774-8408
PHONE NO: (941) 774-8411
DATE SENT: 04/12/2002
TTMESENT: 8'30 AM
# OF PAGES: (Zncluding cover) 5
April 11, 2002
Ms. Pam Perrell
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: Notice of Public Hearing to Consider Petition LDC-2002-1
Dear Pam:
Please advertise the above referenced notice and map on Thursday, June
13, 2002. This advertisement should be no less than one-quarter page and
the headline in the advertisement should be in a type no smaller than 18
point. The advertisement should not be placed in that portion of the
newspaper where legal notices and classified advertisements appear.
Kindly send the Affidavit of Publication, in duplicate, with charges involved to
this office.
Thank you.
Sincerely,
Teri Michaels,
Deputy Clerk
Enclosures
P.O./Account # 113-138312-649110
NA 'LES DAILY NEWS
Put ished Daily
Na les, FL 34102
I~LIC NOTICE ..... NOTICE
A fidavit of Publication NOTICE OF CONSIDE RATION / A PTION
of Florida Notice is hereby given that on WEDNESDAY, June 19, 2002 at 5:05 P.M. in the
Boardroom, 3rd Floor, Buildi.,lg ,F", Collier County Govemment Center, 3301 East
Co mty of Collier Tamlami Trail, Naples, Florida, the Board of CoUnty Commissionem will consider
'the enactment of a County Ordinance pumuant to Chapter 125.66 (2), Florida
Bet~ re the undersigned they serve as the authority, personally Statutes, the title of which is as follows:
app~ ared B. Lamb, who on oath says that they AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS AMENDED,
serv; as the Assistant Corporate Secretary of the Naples Daily, THE .COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES
a d~ ily newspaper published at Naples, in Collier County, THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA
Flm da; distributed in Collier and Lee counties o£ Florida; that OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE,
the:ttached copy of the advertising, beinga RECITALS; SECTION TWO, FINDING8 OF FACT; SECTION THREE,
PUt LIe NOTICE ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE
SPECIFICALLY ANIENDING THE FOLLOWING: ARTICLE 2, ZONING, DIVISION
in tt matter of PUBLIC NOTICE 2.1. GENERAL; "' DIVISION 2.2. ZONING DISTRICTS, PERMITTED USES,
CONDITIONAL 'USES, DIMENSIONAL STANDARDS INCLUDING BUT NOT
wa,oublishedin said newspaper 1 time(s) in the issue LIMITED TO REVISIONS TO THE C-1 THROUGH' C-5 AND INDUSTRIAL
on une 13, 2002 ZONING DISTRICTS LIST OF. PERMITTED AND CONDITIONAL USES;
EXTENSION OF DURATION OF THE PARTIAL MORATORIUM FOR THE
A ant further says that the said Naples Daily News is a newspaper RURAL AND AGRICULTURAL AREA' ASSESSMENT AND EXTENSION OF
publi hed at Naples, in said Collier County, Florida, and that the said DURATION OF THE PARTIAL MORATORIUM FOR THE NATURAL RESOURCE
news ,aper has heretofore been continuously published in said Collier PROTECTION AREAS; DIVISION 2.4 LANDSCAPING AND BUFFERING;
Coat y, Florida; distr/buted in Collier and Lee counties of Florida, DIVISION 2.6 SUPPLEMENTAL DISTRICT REGULATIONS; DIVISION 2.7
each ~4ay and has been entered as second class mail matter at the post
offic~ in Naples, in said Collier County, Florida, for a period of 1 ZONING ADMINISTRATION AND PROCEDURES; DIVISION 2.8
year next preceding the first publication of the attached copy of ARCHITECTURAL AND SITE DESIGN STANDARDS AND GUIDELINES FOR
advel isernent; and affiant further says that he has neither paid nor COMMERCIAL BUILDINGS AND 'PROJECTS; DIVISION 3.2 SUBDIVISIONS;
prorr sed any person, firm or corporation any discount, rebate,
com~ ission or refund for the purpose of securing this advertisement for DIVISION 3.3 SITE DEVELOPMENT PLANS; DIVISION 3.13 COASTAL
publi ation in the said newspaper. CONSTRUCTION SETBACK LINE VARIANCE; DIVISION 3.15 ADEQUATE
51) ~ PUBLIC FACILITIES; ARTICLE 6, DEFINITIONS DIVISION 6.3 INCLUDING BUT
;la NOT LIMITED TO THE DEFINITION FOR THE TERM HOTEL SUITE; SECTION
( S ture of affiant) FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE
COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX,
Swc~m to and subscribed before me EFFECTIVE DATES. WHICH WILL BE EFFECTIVE WITHIN THE
UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, AND AS
This[13th day of June, 2002
,~ ~/~~ STATED IN SAID ORDINANCE. THE UNINCORPORATED AREA OF COLLIER
~)~.~ ~ COUNTY IS SHOWN ON THE MAP IN THIS ADVERTISEMENT:
(Sig tamre of notary public)/~
~ ,~,~, Donna Chesney C01.1J£R CO~INTY FLORIOA
My Commission DD056336
~,, Expires September 11. 2005 '~__
All interested parties am invited to appear and be heard. Copies of the proposed
ordinance am available, Any person who decides to appeal a decision of the Board
will need a record of the proceedings pertaining thereto and, therefore, may need
_ ...... to ensure that a verbeti.m r..e0ord of the proceedings is made, which record
includes the testimony and evidence upon which,th~'appeal is to be based.
BO~I~Ib":~GOUNTY COMMISSIONERS
C~E~IcOuNTY, FLORIDA
j~S N. COLETTA, CHAIRMAN
D~T E.I~K, CLERK
By'J~/i~ifleHoffman, DePuty Clerk
, No. ~68360~ , ,~l.lne 1~1, ~002
2A 'l
ORDINANCE NO. 02- 31
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102,
AS AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE, WHICH INCLUDES THE
COMPREHENSIVE REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA,
BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION
TWO, FINDINGS OF FACT: SECTION THREE, ADOPTION OF
AMENDMENTS TO THE LAND DEVELOPMENT CODE,
MORE SPCIFICALLY AMENDING THE FOLLOWING:
ARTICLE 2, ZONING, DIVISION 2.1. GENERAL; DIVISION 2.2.
ZONING DISTRICTS, PERMITTED USES, CONDITIONAL
USES, DIMENSIONAL STANDARDS INCLUDING REVISIONS
TO THE C-1 THROUGH C-5 AND INDUSTRIAL ZONING
DISTRICTS LIST OF PERMITTED AND CONDITIONAL USES;
DIVISION 2.4 LANDSCAPING AND BUFFERING; DIVISION 2.6
SUPPLEMENTAL DISTRICT REGULATIONS; DIVISION 2.7
ZONING ADMINISTRATION AND PROCEDURES; DIVISION
2.8 ARCHITECTURAL AND SITE DESIGN STANDARDS AND
GUIDELINES FOR COMMERCIAL BUILDINGS AND
PROJECTS; DIVISION 3.2 SUBDIVISIONS; DIVISION 3.3 SITE
DEVELOPMENT PLANS; DIVISION 3.13 COASTAL
CONSTRUCTION SETBACK LINE VARIANCE; SECTION
FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE,
INCLUSION IN THE COLLIER COUNTY LAND
DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE
DATE.
WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners adopted
Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LDC) , which has been
subsequently amended; and
WHEREAS, the LDC may not be amended more than two times in each calendar year unless
additional amendment cycles are approved by the Collier County Board of County Commissioners pursuant to
Section 1.19.1., LDC; and
WHEREAS, this is the first amendment to the LDC, 'Ordinance 91-102, for the calendar year 2002;
and
WHEREAS, on March 18, 1997, the Board of County Commissioners adopted Resolution 97-177
establishing local requirements and procedures for amending the LDC; and
WHEREAS, all requirements of Resolution 97-177 have been met; and
WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold
advertised public hearings on May 29, 2002, and June 19, 2002~ and did take action concerning these
amendments to the LDC; and
WHEREAS, the subject amendments to the LDC are hereby determined by this Board to be
consistent with and to implement the Collier County Growth Management Plan as required by Subsections
163.3194 (1) and 163.3202 (1), Florida Statutes; and
WHEREAS, all applicable substantive and procedural requirements of the law have been met.
1
Words ~*~'~'~ *~' ..... ~'
............ ~,, are deleted, words underlined are added
NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier
County, Florida, that:
SECTION ONE: RECITALS
The foregoing recitals are true and correct and incorporated by reference herein as if fully set forth.
SECTION TWO: FINDINGS OF FACT
The Board of County Commissioners of Collier County, Florida, hereby makes the following
findings of fact:
1. Collier County, pursuant to Sec. 163.3161, et seq., Fla. Stat., the Florida Local Government
Comprehensive Planning and Land Development Regulations Act (hereinafter the "Act"), is required to prepare
and adopt a Comprehensive Plan.
2. After adoption of the Comprehensive Plan, the Act and in particular Sec. 163-3202(1). Fla.
Stat., mandates that Collier County adopt land development regulations that are consistent with and implement
the adopted comprehensive plan.
3. Sec. 163.3201, Fla. Stat., provides that it is the intent of the Act that the adoption and
enforcement by Collier County of land development regulations for the total unincorporated area shall be based
on; be related to, and be a means of implementation for, the adopted Comprehensive Plan as required by the
Act.
4. Sec. 163.3194(1)(b), Fla. Stat., requires that all land development regulations enacted or
amended by Collier County be consistent with the adopted Comprehensive Plan, or element or portion thereof,
and any land development regulations existing at the time of adoption which are not consistent with the adopted
Comprehensive Plan, or element or portion thereof, shall be amended so as to be consistent.
5. Sec. 163.3202(3), Fla. Stat., states that the Act shall be construed to encourage the use of
innovative land development regulations.
6. On January 10, 1989, Collier County adopted the Collier County Growth Management Plan
(hereinafter the "Growth Management Plan" or "GMP") as its Comprehensive Plan pursuant to the requirements
of Sec. 1634.3161 et seq. Fla. Stat., and Rule 9J-5, F.A.C.
7. Sec. 163.3194(1)(a), Fla. Stat., mandates that after a Comprehensive Plan, or element or
portion thereof, has been adopted in conformity with the Act, all development undertaken by, and all actions
taken in regard to development orders by, governmental agencies in regard to land covered by such
Comprehensive Plan or element or portion thereof shall be consistent with such Comprehensive Plan or element
or portion thereof.
8. Pursuant to Sec. 163.3194(3)(a), Fla. Stat., a development order or land development
regulation shall be consistent with the Comprehensive Plan if the land uses, densities or intensities, in the
Comprehensive Plan and if it meets all other criteria enumerated by the local government.
9. Section 163.3194(3)(b). Fla. Stat., requires that a development approved or undertaken by a
local government shall be consistent with the Comprehensive Plan if the land uses, densities or intensities,
capacity or size, timing, and other aspects of development are compatible with, and further the objectives,
policies, land uses, densities or intensities in the Comprehensive Plan and if it meets all other criteria
enumerated by the local government.
10. On October 30, 1991, Collier County adopted the Collier County Land Development Code,
which became effective on November 13, 1991 and may be amended twice annually.
11. Collier County finds that the Land Development Code is intended and necessary to preserve
and enhance the present advantages that exist in Collier County; encourage the most appropriate use of land,
water and resources, consistent with the public interest; overcome present handicaps; and deal effectively with
future problems that may result from the use and development of land within the total unincorporated are of
Collier County and it is intended that this Land Development Code preserve, promote, protect, and improve the
2
Words struck through are deleted, words underlined are added
2A '
public health, safety, comfort, good order, appearance, convenience, and general welfare of Collier County;
prevent the overcrowding of land and avoid the undue concentration of population; facilitate the adequate and
efficient provision of transportation, water, sewerage schools, parks, recreational facilities, housing, and other
requirements and services, conserve, develop, utilize, and protect natural resources within the jurisdiction of
Collier County; and protect human, environmental, social, and economic resources; and maintain through
orderly growth and development, the character and stability of present and future land uses and development in
Collier County.
12. It is the intent of the Board of County Commissioners of Collier County to implement the
Land Development Code in accordance with the provisions of the Collier County Comprehensive Plan, Chapter
125, Fla. Stat., and Chapter 163, Fla. Stat., and through these amendments to the Code.
SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE
SUBSECTION 3.A. AMENDMENTS TO DIVISION 2.1., GENERAL
Division 2.1., General, of Ordinance 91-102, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
DIVISION 2.1 GENERAL
Sec. 2.1.15. Prohibited uses and structures.
SUBSECTION 3.B. AMENDMENTS TO DIVISION 2.2., ZONING DISTRICTS,
PERMITTED USES, CONDITIONAL USES, DIMENSIONAL
STANDARDS.
Division 2.2., Zoning Districts, Permitted Uses, Conditional Uses, Dimensional
Standards, of Ordinance 91-102, as amended, of the Collier County Land Development Code, is
hereby amended to read as follows:
DIVISION 2.2., ZONING DISTRICTS, PERMITTED USES,
CONDITIONAL USES, DIMENSIONAL STANDARDS
Sec. 2.2.6. Residential multiple-family-12 district (RMF-12).
2.2.6.4.3. Minimum yard requirements.
1. Front yard - Thirty feet.
2. Side yards - One-half of the building height as measured from
· ~,,~..~' ,~,~,,~.,~"+~: ...... ,,,,' the first floor of a structure with a minimum of
15 feet.
3
Words ~+~.~1~ +1~ ..... ~,
............ ~,. are deleted, words underlined are added
Sec. 2.2.7. Residential multiple-family-16 district (RMF-16)
2.2.7.4.3. Minimum yard requirements.
1. Front yard - One half of the building height as measured from each
~-~: ...... ' ..... :~ cf a ~'-'"' .... the first floor of the structure with a
minimum of 30 feet.
2. Side yards - One-half of the building height as measured from each
enn~4or~va~the first floor of a structure with a minimum of 15 feet.
3. Rear yard - One-half the building height as measured from each
~.v,~; ...... , ..... :~ ofa ~'~' .... the first floor of the structure with a
minimum of 30 feet
Sec. 2.2.12. (C-1)Commercial professional,..o,.-~:~'-:~+.,., ~.~-.,~t~ ~x and general office district.
2.2.12.1. Purpose and intent. The C-1 commercial professional and general office district is
intended to allow a concentration of office type buildings and land uses that are
most compatible with, and located near, residential areas. Most C-1 commercial
professional and general office districts are contiguous to, or when within a PUD
will be placed in close proximity to residential areas, and therefore serve as a
transitional zoning district between residential areas and higher intensity
commercial zoning districts. The types of office uses permitted are those that do
not have high traffic volumes throughout the day, which extend into the evening
hours. They will have morning and evening short-term peak conditions. The
market support for these office uses should be those with a localized basis of
market support as opposed to office functions requiring inter-jurisdictional and
regional market support. Because office functions have significant employment
characteristics, which are compounded when aggregations occur, certain personal
service uses shall be permitted, to provide a convenience to office-based
employment. Such convenience commercial uses shall be made an integral part
of an office building as opposed to the singular use of a building. Housing may
also be a component of this district as provided for through conditional use
approval.
2.2.12.2. Permitted uses. The following uses, as identified with a number from the Standard
Industrial Classification Manual (1987), or as otherwise provided for within this
section, are permitted as of right, or as uses accessory to permitted uses in the C-1
commercial professional district and general office district, t~c C-I/T cc, mmercial
.,~c~;~,~/~ .... :*:~ district.
2.2.12.2.1. Permitted uses.
1. Accounting, auditing and bookkeeping services (8721).
2. Automobile parking (7521) except fc, r to, w-in parking lots only.
3. Barber shops (7241), except barber schools.
4. Beauty shops (7231), except beauty schools.
5. Business services (groups 7311, 7313, 7322--7331, 7338, -m ,: ~, _,,, ,, 7371, 7372,
7374--7376, 7379).
6. Child day care services (8351).
..................... v ..... cf wars .
4
Words .,_.~t-,~ .....~.
............ t~.. are deleted, words underlined are added
2A
7_8. Group care facilities (category I and II, except for homeless shelters); care
units, except for homeless shelters; nursing homes; assisted living facilities
pursuant to F.S. § 400.402 and ch. 58A-5 F.A.C.; and continuing care
retirement communities pursuant to F.S. § 651 and ch. 4-193 F.A.C.; all
subject to section 2.6.26.
_89. Offices for engineering, architectural, and surveying services (groups 0781,
8711--8713).
9-1-0. Health services (8011--8049).
10___~. Individual and family social services (8322 activity centers, elderly or
handicapped; adult day care centers; and day care centers, adult and
handicapped only).
11-1-2. Insurance carriers, agents and brokers (groups 6311--6399, 6411).
12_~. Legal services (8111).
13~44. Management and public relations services (groups 8741--8743, 8748).
14___~. Miscellaneous personal services (7291, 7299, debt counseling only).
15~. Nondepository credit institutions (groups 6141--6163).
__lQ
16,,,. Photographic studios (7221).
17___~. Physical fitness facilities (7991 permitted only when physically integrated
and operated in conjunction with another permitted use in this district - no stand
alone facilities shall be permitted).
182-0. Real estate (groups 6531--6541).
19_~. Shoe repair shops and shoeshine parlors (7251).
20. Security and commodity brokers, dealer, exchanges and services (groups
6211-6289).
21. Transportation services (4724), travel agencies only.
2.2.12.3. Conditional uses. The following uses are permissible as conditional uses in the
C-1)commercial professional and general office district/* .... :,:^,~1 a:~+,4,+
r~,,_,,/T~j, subject to the standards and procedures established in division 2.7.4.
Automobile parking (7521), garages-automobile parking, parking
structures.
2_. Churches and other places of worship.
3-1-. Civic, social and fraternal associations (8641).
4_g. Depository institutions (groups 6011--6099).
5
Words ~+-'~- ,k .....~.
............ e,*, are deleted, words underlined, are added
5_3. Educational services (8211--8231), except regional libraries.
_6-5. Homeless shelters, as defined by this Code.
76. Increased building height to a maximum of 50 feet.
87. Mixed residential and commercial uses subject to the following criteria:
a. A site development plan is approved pursuant to division 3.3. that is
designed to protect the character of the residential uses and of the
neighboring lands;
b. The commercial uses in the development may be limited in hours of
operation, size of delivery trucks, and type of equipment;
c. The residential uses are designed so that they are compatible with the
commercial uses;
d. Residential dwelling units are located above principal uses;
e. Residential and commercial uses do not occupy the same floor of a
building;
f. The number of residential dwelling units shall be controlled by the
dimensional standards of the C-l, C-!~ district, together with the specific
requirement that in no instance shall the residential uses exceed 50 percent
of the gross floor area of the building;
g. Building height may not exceed two stories;
h. Each residential dwelling unit shall contain the following minimum floor
areas: efficiency and one-bedroom, 450 square feet; two-bedroom, 650
square feet; three-bedroom, 900 square feet;
i. A minimum of 30 percent of the mixed-use development shall be
maintained as open space. The following may be used to satisfy the open
space requirements: areas used to satisfy water management requirements,
landscaped areas, recreation areas, or setback areas not covered with
impervious surface or used for parking (parking lot islands may not be
used unless existing native vegetation is maintained);
j. The mixed commercial/residential structure shall be designed to enhance
compatibility of the commercial and residential uses through such
measures as, but not limited to, minimizing noise associated with
commercial uses; directing commercial lighting away from residential
units; and separating pedestrian and vehicular accessways and parking
areas from residential units, to the greatest extent possible.
98. Nursing and personal care facilities (8082).
109. Funeral service aml~remamfies (7261 except crematories).
11-1-0. Religious organizations (8661).
12___~. Soup kitchens, as defined by this Code.
13 -1-3. Veterinarian's office (0742), excluding outdoor kenneling.
14. Any other commercial or professional use which is comparable in nature
6
Words ~,~,~t- ,~, ..... ~,
............ ~,, are deleted, words underlined are added
with the foregoing list of permitted uses and consistent with the purpose and intent
statement of the district as determined by the board of zoning appeals.
Sec. 2.2.13. Commercial convenience district (C-2).
2.2.13.1. Purpose and intent. The purpose and intent of the commercial convenience
district (C-2) is to provide lands where commercial establishments may be located
to provide the small scale shopping and personal needs of the surrounding
residential land uses within convenient travel distance except to the extent that
office type uses and land uses carried forward from the C-1 district will expand
the traditional neighborhood size. However, the intent of this district is that retail
and service uses by be of a nature that can be economically supported by the
immediate residential environs. Therefore, the uses should allow for goods and
services that households require on a daily basis, as opposed to those goods and
services that households seek for the most favorable economic price and therefore
require much larger trade areas. It is intended that the C-2 district implements the
Collier County growth management plan within those areas designated
agricultural/rural; estates neighborhood center district of the Golden Gate Master
Plan; the neighborhood center district of the Immokalee Master Plan; and the
urban mixed use district of the future land use element permitted in accordance
with the locational criteria for commercial and the goals, objectives and policies
as identified in the future land use element of the Collier County growth
management plan. The maximum density permissible in the commercial
convenience district and the urban mixed use land use designation shall be
guided, in part, by the density rating system contained in the future land use
element of the Collier County growth management plan. The maximum density
permissible or permitted in a district shall not exceed the density permissible
under the density rating system.
2.2.13.2. Permitted uses. The following uses, as defined with a number from the Standard
Industrial Classification Manual (1987), or as otherwise provided for within this
section, are permitted as of right, or as uses accessory to permitted uses in the C-2
commercial convenience district.
2.2.13.2.1. Permitted uses.
1. Unless otherwise provided for in this section, all permitted uses and all
conditional uses except increased height and mixed residential and
commercial uses of the C-1 commercial professional d;.str'~ct and general
office district, and a,~,.,,, ,~,~ ~,,/~-, ccmmercia! ~,c-~M^~I/~ .... 1,1~! ~11 ~,~2~
2. Apparel and accessory stores with 1800 with square feet or less of gross
floor area in the principal structure (groups 5611--5699).
3. Business services (groups 7311, 7313, 7322--7338, 7361 7371--7379, 7384).
4. Eating places with 2,800 square feet or less of gross floor area in the
principal structure (5812 except contract feeding, dinner theaters, food
service (institutional), industrial feeding).
5. Food stores with 2,800 square feet or less of gross floor area in the
principal structure (groups 5411 except supermarkets, 5421--5499).
6. Gasoline service stations (5541 subject to section 2.6.28).
7. General merchandise stores with 1,800 square feet or less of gross floor
area in the principal structure (5211 5331 - 5399).
8. Group care facilities (category I and II, except for homeless shelters); care
units, except for homeless shelters; nursing homes; assisted living facilities
7
Words ~"-'~* ''~' ..... *'
............ ~, are deleted, words underlined are added
pursuant to § 400.402 F.S. and ch. 58A-5 F.A.C.; and continuing care
retirement communities pursuant to § 651 F.S. and ch. 4-193 F.A.C.; all
subject to section 2.6.26.
9. Hardware stores with 1,800 square feet or less of gross floor area in the
principal structure (5251).
10. Health services (groups 8011--8049, 8082).
11. Home furniture, furnishing and equipment stores with 1,800 square feet or
less of gross floor area in the principal structure (groups 5713--5719, 5731--
5736).
12. Libraries (8231) except regional libraries.
13. Miscellaneous repair services, except aircraft, business and office machines,
large appliances, and white goods such as refrigerators and washing
machines (7629--7631).
14. Miscellaneous retail services with 1,800 square feet or less of gross floor
area in the principal structure (5912, 5942--5961).
15_6. Paint, glass and wallpaper stores with 1,800 square feet or less of gross floor
area in the principal structure (5231).
16_g. Personal services with 1,800 square feet or less of gross floor area in the
principal structure (groups 7212, 7215, 7221--7251, no beauty or barber
schools, 7291).
178. Security and commodity brokers, dealer, exchanges and services (groups
6211--6289).
18_9. United States Postal Service (4311 except major distribution center).
19___~. Veterinary services (0742 excluding outside kenneling).
20_~. Videotape rental with 1,800 square feet or less of gross floor area in the
principal structure (7841).
2.2.13.3. Conditional uses. The following uses are permissible as conditional uses in the
commercial convenience district (C-2), subject to the standards and procedures
established in division 2.7.4.
1. Educational services (8221,8222) except regional libraries.
-1-.2~ Homeless shelters, as defined by this Code.
3.3_. Mixed residential and commercial uses subject to the following criteria:
a. A site development plan is approved pursuant to division 3.3 that is
designed to protect the character of the residential uses and neighboring
lands;
b. The commercial uses in the development may be limited in hours of
operation, size of delivery trucks, and type of equipment;
8
Words ~'~'~- *~' .... ~h
............ ,,, are deleted, words underlined are added
c. The residential uses are designed so that they are compatible with the
commercial uses;
d. Residential dwelling units are located above principal uses;
e. Residential and commercial uses do not occupy the same floor of a
building;
f. The number of residential dwelling units shall be controlled by the
dimensional standards of the C-2 district, together with the specific
requirement that in no instance shall the residential uses exceed 50 percent
of the gross floor area of the building or the density permitted under the
growth management plan;
g. Building height may not exceed two stories;
h. Each residential dwelling unit shall contain the following minimum floor
areas: efficiency and one-bedroom, 450 square feet; two-bedroom, 650
square feet; three-bedroom, 900 square feet;
i. The residential dwelling units shall be restricted to occupancy by the
owners or lessees of the commercial units below;
j. A minimum of 30 percent of the mixed use development shall be
maintained as open space. The following may be used to satisfy the open
space requirements: areas used to satisfy water management requirements;
landscaped areas; recreation areas; or setback areas not covered with
impervious surface or used for parking (parking lot islands may not be
used unless existing native vegetation is maintained);
k. The mixed commercial/residential structure shall be designed to enhance
compatibility of the commercial and residential uses through such
measures as, but not limited to, minimizing noise associated with
commercial uses; directing commercial lighting away from residential
units; and separating pedestrian and vehicular accessways and parking
areas from residential units, to the greatest extent possible.
4. Permitted personal service, video rental or retail uses with more than 1,800 square
feet of gross floor area in the principal structure.
5. Permitted food service (eating places or food stores) uses with more than 2,800
square feet of gross floor area in the permitted principal structure.
_63. Soup kitchens, as defined by this Code.
7. Any other convenience commercial use which is comparable in nature with the
foregoing list of permitted uses and consistent with purpose and intent statement of the
district, as determined by the board of zoning appeals.
Sec. 2.2.14. Commercial intermediate district (C-3).
2.2.14.1. Purpose and intent. The purpose and intent of the commercial intermediate
district (C-3) is to provide for a wider variety of goods and services intended for
areas expected to receive a higher degree of automobile traffic. The type and
variety of goods and services are those that provide an opportunity for comparison
shopping and have a trade area consisting of several neighborhoods and are
preferably located at the intersection of two arterial level streets. Most activity
centers meet this standard. This district is also intended to allow all of the uses
9
Words struck thrc, ug~ are deleted, words underlined are added
permitted in the C-1 and C-2 zoning districts typically aggregated in planned
shopping centers. This district is not intended to permit wholesaling types of
uses, or land uses that have associated with them the need for outdoor storage of
equipment and merchandise. A mixed-use project containing a residential
component is permitted in this district subject to the criteria established herein.
The C-3 district is permitted in accordance with the locational criteria for
commercial and the goals, objectives and policies as identified in the future land
use element of the Collier County growth management plan. The maximum
density permissible in the commercial intermediate district and the urban mixed
use land use designation shall be guided, in part, by the density rating system
contained in the future land use element of the Collier County growth
management plan. The maximum density permissible or permitted in a district
shall not exceed the density permissible under the density rating system.
2.2.14.2. Permitted uses. The following uses, as defined with a number from the Standard
Industrial Classification Manual (1987), or as otherwise provided for within this
section, are permitted as of right, or as uses accessory to permitted uses in the
commercial intermediate district (C-3).
2.2.14.2.1. Permitted uses.
1. Unless otherwise provided for in this section, all permitted uses of the C-2
commercial convenience district.
2. Apparel and accessory stores with 5,000 square feet or less of gross floor area
in the principal structure (groups 5611--5699).
3. Auto and home supply stores with 5,000 square feet or less of gross floor area
in the principal structure (5531).
4. Automotive services (7549) except that this shall not be construed to permit
the activity of "wrecker service (towing) automobiles, road and towing
service."
5. Business services (groups 7311, 7313, 7322--7338, 7361--7379, 7384, 7389
except auctioneering service, automobile recovery, automobile repossession,
batik work, bottle exchanges, bronzing, cloth cutting, contractors'
disbursement, cosmetic kits, cotton inspection, cotton sampler, directories -
telephone, drive-away automobile, exhibits-building, filling pressure
containers, field warehousing, fire extinguisher, floats-decoration, folding and
refolding, gas systems, bottle labeling, liquidation services, metal slitting and
shearing, packaging and labeling, patrol of electric transmission or gas lines,
pipeline or powerline inspection, press clipping service, recording studios,
repossession service, rug binding, salvaging of damaged merchandise, scrap
steel cutting and slitting, shrinking textiles, solvent recovery_, sponging
textiles, swimming pool cleaning, tape slitting, texture designers, textile
folding, tobacco sheeting, window trimming, and yacht brokers).
6. Eating places with 6,000 square feet or less in gross floor area in the principal
structure (5812 only). All establishments engaged in the retail sale of
alcoholic beverages for on-premise consumption are subject to locational
requirements of section 2.6.10.
7. Food stores with 5,000 square feet or less of gross floor area in the principal
structure (groups 5411--5499).
8. General merchandise stores with 5,000 square feet or less of gross floor area
in the principal structure (groups 5211 5331-5399).
9. Group care facilities (category I and II, except for homeless shelters); care
units, except for homeless shelters; nursing homes; assisted living facilities
pursuant to § 400.402 F.S. and ch. 58A-5 F.A.C.; and continuing care
10
Words st:ack t~,rougk are deleted, words underlined are added
retirement communities pursuant to § 651 F.S. and ch. 4-193 F.A.C.; all
subject to section 2.6.26.
10. [Reserved.]
11. Home furniture, furnishing, and equipment stores with 5,000 square feet or
less of gross floor area in the principal structure (groups 5712--5736).
12. Libraries (8231).
13. Marinas (4493), subject to section 2.6.22.
14. Membership organizations (8611--8699).
15. Miscellaneous repair services (groups 7629-7631, 7699 bicycle repair,
binocular repair, camera repair, key duplicating, lawnmower repair, leather
goods repair, locksmith shop, picture framing, and pocketbook repair only).
16. Miscellaneous retail with 5,000 square feet or less of gross floor area, except
drug stores (groups 5912--5963 except pawnshops and building materials,
5992-5999 except auction rooms, awning shops, gravestones, hot tubs,
monuments, swimming pools, tombstones and whirlpool baths).
17. Museums and art galleries (8412) art galleries only.
18. Nondepositorycredit institutions (groups 6111--6163).
19. Paint, glass and wallpaper stores with 5,000 square feet or less of gross floor
area in the principal structure (5231).
20. Personal services with 5,000 square feet or less of gross floor area in the
principal structure (groups 7211, 7212, 7215, 7216 nonindustrial dry cleaning
only, 7221--7251, 7291, 7299 babysitting bureaus, clothing rental, costume
rental, dating service, depilatory salons, diet workshops, dress suit rental,
electrolysis, genealogical investigation service, and hair removal only).
21. Physical fitness facilities (7991)
21.22. Public administration (groups 9111--9199, 9229, 9311, 9411--9451, 9511--
9532, 9611--9661).
22.23. Retail nurseries, lawn and garden supply stores with 5,000 square feet or
less of gross floor area in the principal structure (5261).
-2-3. 24. Veterinary services (groups 0742, 0752 excluding outside kenneling).
24. 25. Videotape rental with 5,000 square feet or less of gross floor area in the
principal structure (7841).
25. 26. United States Postal Service (4311 except major distribution centers).
26.27. Any use which was permissible under the prior GRC zoning district and
which was lawfully existing prior to the adoption of this Code.
2.2.14.3. Conditional uses. The following uses are permissible as conditional uses in the
commercial intermediate district (C-3), subject to the standards and procedures
established in division 2.7.4.
11
Words ~*~'~z' ,n ..... ~.
............ ~,,, are deleted, words underlined are added
1. Amusements and recreation services (groups 7911, 7922 community
theaters only, 7933, ,,nn~,...,., 7993, 7999 boat rental, miniature golf course,
bicycle and moped rental, rental of beach chairs and accessories only).
2. Drinking places (5813) excluding bottle clubs. All establishments engaged
in the retail sale of alcoholic beverages for on-premise consumption are
subject to the locational requirements of section 2.6.10.
3. Educational services (8221, 8222)
4_~. Homeless shelters, as defined by this Code.
5_4. Hospitals (groups 8062--8069).
6-5. Justice, public order and safety (groups n'~ 1 c~,~-~,~ 9221, 9222, 9224,
9229.).
76. Social services (8322--8399).
_8g. Mixed residential and commercial uses, subject to the following criteria:
a. A site development plan is approved pursuant to division 3.3 that is
designed to protect the character of the residential uses and
neighboring lands;
b. The commercial uses in the development may be limited in hours of
operation, size of delivery trucks, and type of equipment;
c. The residential uses are designed so that they are compatible with the
commercial uses;
d. Residential dwelling units are located above principal uses;
e. Residential and commercial uses do not occupy the same floor of a
building;
f. The number of residential dwelling units shall be controlled by the
dimensional standards of the C-3 district, together with the specific
requirement that in no instance shall the residential uses exceed 50
percent of the gross floor area of the building or the density
permitted under the growth management plan;
g. Building height may not exceed two stories;
h. Each residential dwelling unit shall contain the following minimum
floor areas: efficiency and one-bedroom, 450 square feet; two-
bedroom, 650 square feet; three-bedroom, 900 square feet;
i. The residential dwelling units shall be restricted to occupancy by the
owners or lessees of the commercial units below;
j. A minimum of 30 percent of the mixed-use development shall be
maintained as open space. The following may be used to satisfy the
open space requirements: areas used to satisfy water management
requirements; landscaped areas; recreation areas; or setback areas
not covered with impervious surface or used for parking (parking lot
islands may not be used unless existing native vegetation is
maintained);
k. The mixed commercial/residential structure shall be designed to
enhance compatibility of the commercial and residential uses
12
Words struck '~ .....~'
..... ,. are deleted, words underlined are added
through such measures as, but not limited to, minimizing noise
associated with commercial uses; directing commercial lighting
away from residential units; and separating pedestrian and vehicular
accessways and parking areas from residential units, to the greatest
extent possible.
9_8. Motion picture theaters, except drive-in (7832).
10. Permitted personal services, video rental or retail uses (excluding drug stores
(5912)), with more than 5,000 square feet of gross floor area in the principal
structure.
11. Permitted food service (eating places) uses with more than 6,000 square feet
of gross floor area in the principal structure.
12__9. Permitted use with less than 700 square feet gross floor area in the principal
structure.
13__~. Soup kitchens, as defined by this Code.
1444. Vocational schools (8243--8299).
15. Any other intermediate commercial use which is comparable in nature with
the foregoing list of permitted uses and consistent with the permitted uses
and purpose and intent statement of the district, as determined by the board
of zoning appeals.
Sec. 2.2.15. General commercial district (C-4).
2.2.15.1. Purpose and intent. The general commercial district is intended to provide for
those types of land uses that attract large segments of the population at the same
time by virtue of scale, coupled with the type of activity. The purpose and intent
of the C-4 district is to provide the opportunity for the most diverse types of
commercial activities delivering goods and services, including entertainment and
recreational attractions, at a larger scale then the C-1 through C-3 districts. As
such, all of the uses permitted in the C-1 through C-3 districts are also permitted
in the C-4 district. The outside storage of merchandise and equipment is
prohibited, except to the extent that it is associated with the commercial activity
conducted on site such as but not limited to automobile sales, marine vessels, and
the renting and leasing of equipment. Activity centers are suitable locations for
the uses permitted by the C-4 district because most activity centers are located at
the intersection of arterial roads; therefore the uses in the C-4 district can most be
sustained by the transportation network of major roads. The C-4 district is
permitted in accordance with the locational criteria for commercial and the goals,
objectives and policies as identified in the future land use element of the Collier
County growth management plan. The maximum density permissible or permitted
in a district shall not exceed the density permissible under the density rating
system.
2.2.15.2. Permitted uses. The following uses, as identified within the Standard Industrial
Classification Manual, or as otherwise provided for within this section, are
permitted as of right, or as uses accessory to permitted uses in the general
commercial district (C-4).
2.2.15.2.1. Permitted uses.
1. Unless otherwise provided for in this Code, all permitted uses in the C-3
commercial intermediate district.
13
Words ~*"'~t' .~. ..... ~.
............ ~,.. are deleted, words underlined are added
2. Agricultural services (groups 0741 except outdoor kenneling, 0742 except
outdoor kenneling, 0752, except outdoor kenneling-0783
3. Amusements and recreation services, indoor (groups 7911--7941, 7991--
7993, 7997, 7999), outdoor (7999), including only fishing piers and lakes
operation, houseboat rental, pleasure boat rental, operation of party fishing
boats, canoe rental.
4. Automotive dealers and gasoline service stations (groups 5511,5531, 5541
with services and repairs as described in section 2.6.28, 5571, 5599 new
vehicles only).
5. Automotive repair, services, parking (groups 7514, 7515, 7521 except that
this shall not be construed to permit the activity of "tow-in parking lots"),
and carwashes (group 7542), provided that carwashes abutting residential
zoning districts shall be subject to the following criteria:
a. Size of vehicles. Carwashes designed to serve vehicles exceeding a
capacity rating of one ton shall not be allowed.
b. Minimum yards.
1. Front yard setback: 50 feet.
2. Side yard setback: 40 feet.
3. Rear yard setback: 40 feet.
c. Minimum frontage. A carwash shall not be located on a lot with less
than 150 feet of frontage on a dedicated street or highway.
d. Lot size. Minimum 18,000 square feet.
e. Fence requirements. If a carwash abuts a residential district, a masonry
or equivalent wall constructed with a decorative finish, six feet in
height shall be erected along the lot line opposite the residential district
and the lot lines perpendicular to the lot lines opposite the residential
district for a distance not less than 15 feet. The wall shall be located
within a landscaped buffer as specified in section 2.4.7. All walls shall
be protected by a barrier to prevent vehicles from contacting them.
f. Architecture. The building shall maintain a consistent architectural
theme along each building facade.
g. Noise. A carwash shall be subject to Ordinance No. 90-17, Collier
County Noise Control Ordinance [Code ch. 54, art. IV].
h. Washing and polishing. The washing and polishing operations for all
car-washing facilities, including self-service car washing facilities, shall
be enclosed on at least two sides and shall be covered by a roof.
Vacuuming facilities may be located outside the building, but may not
be located in any required yard area.
i. Hours of operation. Carwashes abutting residential districts shall be
closed from 10:00 p.m. to 7:00 a.m.
6. Building materials, hardware and garden supplies (groups 5231--5261).
7. Business services (groups 7311--7352, 7359 except airplane, industrial truck,
portable toilet and oil field equipment renting and leasing, 7361--7297 738
except armored car and dog rental, 7382-7389 except auctioneering service,
14
Words ~*~-~t- .~ ..... ~,
............ ~. are deleted, words underlined are added
2A
automobile recovery, automobile repossession, batik work, bottle exchanges,
bronzing, cloth cutting, contractors' disbursement, cosmetic kits, cotton
inspection, cotton sampler, directories - telephone, drive-away automobile,
exhibits-building, filling pressure containers, field warehousing, fire
extinguisher, floats-decoration, folding and refolding, gas systems, bottle
labeling, liquidation services, metal slitting and shearing, packaging and
labeling, patrol of electric transmission or gas lines, pipeline or powerline
inspection, press clipping service, recording studios, repossession service,
rug binding, salvaging of damaged merchandise, scrap steel cutting and
slitting, shrinking textiles, solvent recovery, sponging textiles, swimming
pool cleaning, tape slitting, texture designers, textile folding, tobacco
sheeting and window trimming service).
8. Commercial printing (2752, excluding newspapers).
9. Communications (groups 4812--4841) including communications towers up
to specified height, subject to section 2.6.35.
10. Eating and drinking establishments (5812, 5813) excluding bottle clubs. All
establishments engaged in the retail sale of alcoholic beverages for on-
premise consumption are subject to the locational requirements of section
2.6.10.
11. Educational services (8221, 8222)
12~-t-t-. Engineering, accounting, research, management and related services (groups
8711--8748).
13. Group care facilities (catego~ I and II, except for homeless shelters); care
units, except ~or homeless shelters; nursing homes; assisted living facilities
pursuant to ~ 400.402 F.S. and ch. 58A-5 F.A.C.; and continuing care
retirement communities pursuant to ~ 651 F.S. and ch. 4-193 F.A.C.; all
subject to section 2.6.26.
14. Health services (groups 8051--8059, 8062-8069, 8071--8072 and 8092--
8099).
15. Hotels and motels (groups 7011, 7021, 7041 when located within an activity
center).
16. Marinas (4493, 4499 except canal operation, cargo salvaging, ship
dismantling, lighterage, marine salvaging, marine wrecking, steamship
leasing), subject to section 2.6.22.
17. Miscellaneous repair se~ices (groups 7622--7641, 7699 except agricultural
equipment repair, awning repair, beer pump coil cleaning and repair,
blacksmith shops, catch basin, septic tank and cesspool cleaning,
coppersmithing, hrm machine~ repair, fire equipment repair, ~mace and
chimney cleaning, industrial track repair, machine~ cleaning, repair of
se~ice station equipment, boiler cleaning, tinsmithing, tractor repair).
18. Miscellaneous retail (groups 5912-5963, 5992-5999).
19. Motion picture theaters (7832).
20. Public or private parks and playgrounds.
21. Personal se~ices (groups 7215, 7217, 7219, 7261 except crematodes, 7291--
7299).
15
Words ~+~-~'~ +~ ..... s~
............ ~,.. are deleted, words underlined are added
'A
22. Real estate (group 6512).
23. Social services (groups 8322--8399, except for homeless shelters and soup
kitchens).
24. [Reserved.]
25. Vocational schools (groups 8243--8299).
2.2.15.3. Conditional uses for C-4. The following uses are permitted as conditional uses in the
general commercial district (C-4), subject to the standards and procedures
established in division 2.7.4.
1. Agricultural services (groups 0741--0742, 0752, with outdoor kenneling).
2. Amusement and recreation services, outdoor (groups 7948, 7992, 7996, 7999).
3. Auctioneering services, auction rooms (7389, 5999).
4. Automotive dealers and gasoline service stations (groups 5521, 5551, 5561,
5599 outdoor display permitted).
5. Automotive rental and leasing, outdoor display permitted (groups 7513, 7519).
6. Bottle clubs. (All establishments engaged in the retail sale of alcoholic
beverages for the on-premise consumption are subject to the locational
requirements of section 2.6.10.)
7. Fishing, hunting and trapping (groups 0912--0919).
8. Fuel dealers (groups 5983--5989).
9. Homeless shelters, as defined by this Code.
10. Hotels and motels (groups 7011, 7021, 7041 when located outside an activity
center).
11. Justice, public order and safety (groups 9222 92?, 9221, 9222, 9224, 9229).
12. Kiosks.
13. Local and suburban transit (groups 4111--4121, bus stop and van pool stop
only).
14. Motion picture theaters (7833).
15. Communication towers above specified height, subject to section 2.6.35.
16. Permitted use with less than 700 square feet of gross floor area in the principal
structure.
17. Soup kitchens as defined by this Code.
18. Motor freight transportation and warehousing (4225 air conditioned and mini-
and self storage warehousing only).
16
Words ~+~'~'~ +~' ..... ~'
............ ~. are deleted, words underlined are added
19. Any other general commercial use which is comparable in nature with the
foregoing list of permitted uses and consistent with the permitted uses and
purpose and intent statement of the districts as determined by the board of
zoning appeals.
Sec. 2.2.15 ½. Heavy commercial district (C-5).
2.2.15 ½.1. Purpose and intent. In addition to the uses provided in the C-4 zoning district, the
heavy commercial district (C-5) allows a range of more intensive commercial
uses and services which are generally those uses that tend to utilize outdoor space
in the conduct of the business. The C-5 district permits heavy commercial
services such as full-service automotive repair, and establishments primarily
engaged in construction and specialized trade activities such as contractor offices,
plumbing, heating and air conditioning services, and similar uses that typically
have a need to store construction associated equipment and supplies within an
enclosed structure or have showrooms displaying the building material for which
they specialize. Outdoor storage yards are permitted with the requirement that
such yards are completely enclosed or opaquely screened. The C-5 district is
permitted in accordance with the locational criteria for commercial and the goals,
objectives and policies as identified in the future land use element of the Collier
County growth management plan.
2.2.15 ½.2. Permitted uses. The following uses, as identified within [with] a number from the
Standard Industrial Classification Manual (1987), or as otherwise provided for
within this section, are permitted as of right, or as uses accessory to permitted
uses in the heavy commercial district (C-5).
2.2.15 1/2.2.1. _Permitted uses.
1. Unless otherwise provide for in this section, all permitted uses in the C-4
general commercial district.
2. Auctioneering/auction houses (groups 7389, 5999).
3. Automotive dealers and gasoline service stations (groups 5511--5599).
4. Automotive repair, services and parking (groups 7513--7549), provided that
carwashes abutting residential zoning districts shall be subject to the following
criteria:
a. Size of vehicles. Carwash designed to serve vehicles exceeding a capacity
rating of one ton shall not be allowed.
b. Minimum yards.
(1) Front yard setback: 50 feet.
(2) Side yard setback: 40 feet.
(3) Rear yard setback: 40 feet.
c. Minimum frontage. A carwash shall not be located on a lot with less than
150 feet of frontage on a dedicated street or highway.
d. Lot size. Minimum 18,000 square feet.
e. Fence requirements. If a carwash abuts a residential district, a masonry or
equivalent wall constructed with a decorative finish, six feet in height shall
be erected along the lot line opposite the residential district and the lot
lines perpendicular to the lot lines opposite the residential district for a
17
Words st.-ack through are deleted, words underlined are added
distance not less than 15 feet. The wall shall be located within a
landscaped buffer as specified in section 2.4.7. All walls shall be protected
by a barrier to prevent vehicles from contacting them.
f. Architecture. The building shall maintain a consistent architectural theme
along each building facade.
g. Noise. A carwash shall be subject to Ordinance No. 90-17, Collier County
Noise Control Ordinance [Code ch. 54, art. IV].
h. Washing and polishing. The washing and polishing operations for all car-
washing facilities, including self-service car washing facilities, shall be
enclosed on at least two sides and shall be covered by a roof. Vacuuming
facilities may be located outside the building, but may not be located in
any required yard area.
i. Hours of operation. Carwashes abutting residential districts shall be closed
from 10:00 p.m. to 7:00 a.m.
5. Building construction--general contractors (groups 1521--1542).
6. Building materials (groups 5211--5261).
7. Business services (groups 7311--7353, 7359,7389 contractors' disbursement,
directories-telephone, recording studios, swimming pool cleaning, and textile
designers only).
8. Construction--special trade contractors (groups 1711--1793, 1796, 1799).
9. Education services (groups 8243--8249).
10. Motor freight transportation and warehousing (4225 mini- and self-storage
warehousing only).
11. Fishing, hunting and trapping (groups 0912- 4- 0919).
12. Glass and glazing work (1793).
1--3-14. Crematories (7261).
14__~. Justice, public order and safety (groups o-~,,....,~ ~ a,~-~......, --.--.-,c~'~'~'~ c~,~-m...... 9211,
9221, 9222, 9224, 9229).
15-14. Local and suburban transit (groups 4111--4121).
16__~. Mobile home dealers (5271).
174-6. Miscellaneous repair services (groups 7622--7699).
18_~. Outdoor storage yard, provided outdoor storage yard not be located closer
than 25 feet to any public street and that such yard shall be completely
enclosed, except for necessary ingress and egress, pursuant to the
requirements of Section 2.2.151/2.6 of this Code. This provision shall not
allow as a permitted or accessory use, wrecking yards, junkyards, or yards
used in whole or part for scrap or salvage operations or for processing,
storage, display, or sales of any scrap, salvage, or secondhand building
materials, junk automotive vehicles, or secondhand automotive vehicle
parts.
19 48. Printing, publishing, and allied industries (groups 2711, 2721).
18
Words ~*~'At' ,~. ..... ~.
............ ~,,, are deleted, words underlined are added
20~-1-9. Transportation services (groups 4724---t4_729).
2.2.15 ~ .3. Conditional uses for C-5. The following uses are permissible as conditional uses in
the hea~ commercial district (C-5), subject to the standards ~d procedures
established in division 2.7.4.
1. Agricultural se~ices (groups 0741--0742, 0752, with outdoor kenneling).
2. Amusement and recreation se~ices, outdoor (groups 7948, 7992, 7996, 7999).
3. Bottle clubs. (All establishments engaged in the retail sale of alcoholic
beverages for on-premise consumption are subject to the locational
requirements of section 2.6.10.)
4. Child day care services (8351), provided:
a. ~1 areas and surfaces readily accessible to children shall be free of toxic
substances and hazardous materials. This shall include all adjacent ~d
abutting prope~ies lying within 500 feet of the childcare center's nearest
prope~y line.
(1) For purposes of this subsection, the following de~nitions shall
apply:
(a) Hazardous materials: A material that has any of the following
prope~ies~ ignitable, corrosive, reactive and/or toxic.
(b) Toxic substances: a substance which is, or is suspected to be,
carcinogenic, mutagenic, teratogenic, or toxic to human beings.
b. It shall not b~ located within 500 feet of the newest prope~y line of land
uses encompassing wholesale storage of gasoline, lique~ed petroleum,
gas, oil, or other ~ammable liquids or gases.
c. It shall not be located on the same street customarily utilized by
construction track tra~c from asphalt plants and excavation queries.
d. It shall hav~ a minimum lot area of 20,000 square feet ~d a minimum lot
width of 100 feet.
e. It shall provide a minimum usable open space of not less than 30 percent
of the total square footage of the lot area.
It shall provide that all open spaces to be used by children will be
bounded by a fence of not less than ~ve feet in height, to be constm~ed
of wood, masonry or other approved material.
g. It shall provide a landscape buffer in accordance with division 2.4.
h. It shall comply with the State of Florida Depa~ment of Health and
Rehabilitative Services Child Day Care Standards, Florida Administrative
Code, chapter 10M-12, effective March 11, 1986.
i. Where a child care center is proposed in conjunction with, and on the
same parcel as, a facility which is a permitted use, the requirements set
forth in subparagraphs a through h above, with the exceptions of
subparagraphs d and e, shall be used to provide the protections to
19
Words "+'-""v +~ ..... ~,
............ ~,, are deleted, words underlined are added
children using the child care center intended by this section consistent
with the development of the proposed permitted use.
5. Communications (groups 4812--4841) with communications towers that
exceed specified height, subject to section 2.6.35.
6. Farm product raw materials (groups 5153--5159).
7. Fuel dealers (groups 5983--5989).
8. Homeless shelters, as defined by this Code.
9. Hotels and motels (groups 7011, 7021, 7041 when located outside an activity
center.)
10. Justice, public order and safety (groups 9223~ )
11. Kiosks.
12. Local and suburban passenger transportation (groups 4131--4173).
13. Motion picture theaters (7833, drive-ins).
14. Permitted uses with less than 700 square feet of gross floor area in the
principal structure.
15. Soup kitchens, as defined by this Code.
16. Transfer stations (4212, local refuse collection and transportation only
17. Any other heavy commercial use which is comparable in nature with the
foregoing list of permitted uses and consistent with the purpose and intent
statement of the district, as determined by the board of zoning appeals.
Sec. 2.2.16. Industrial district (I).
2.2.16.2.1.1. Permitted uses.
10. Crematories (7261)
(Renumber remaining list of uses)
2.2.16.2.2. Uses accessory to permitted uses.
1. Uses and structures that are accessory and incidental to uses permitted as
of right in the I district.
2. Caretaker's residence, subject to section 2.6.16.
3. Retail sales and/or display areas as accessory to the principal use,
excluding automotive sales and/or display areas, not to exceed an area
greater than 20 percent of the gross floor area of the permitted principal
20
Words ~+~.~v +~. ..... ~
............ ~. are deleted, words underlined are added
2A
use, and subject to retail standards for landscaping, parking and open
space.
4. Recreational vehicle campground and ancillary support facilities when in
conjunction with temporary special event activities such as air shows and
the like.
2.2.16.3. Conditional uses. The following uses are permitted as conditional uses in
the industrial district (I), subject to the standards and procedures established in
division 2.7.4:
23. Any other industrial use which is comparable in nature with the foregoing list
of permitted uses and consistent with the purpose and intent statement of the
district, as determined by the board of zoning appeals.
Sec. 2.2.20. Planned unit development district.
Sec. 2.2.20.2. General.
2.2.20.2.1. Relation of planned unit development regulations to the growth management
plan, zoning, subdivision, or other applicable regulations. All application for PUDs shall
be in full compliance with the future land uses element and the goals, objectives, and
policies of all elements of the growth management plan. Proposed PUD developments
shall demonstrate consistency with "Smart Growth" principles as adopted in the most
recent policy guide on smart growth by the American Planning Association (APA). All
development regulations, including overlay districts or special development standards for
specific land use types, or the like, supplemental regulations and other applicable
provisions of all county ordinances such as, but not limited to, all provisions of the
Collier County land development code, as may be amended, shall apply unless
specifically modified by the approved PUD document and PUD master plan. Where the
application for a PUD proposes to modify any of the regulations set forth in the land
development code, the application, the PUD document and the PUD master plan shall
specifically identify the code section number, the specific regulation and the proposed
modification to such regulation, in a standard format established by the planning services
director.
Sec. 2.2.21. Corridor management overlay district (CMO); special regulations for
properties abutting Golden Gate Parkway west of Santa Barbara
Boulevard and Goodlette-Frank Road south of Pine Ridge Road.
2.2.21.5. Landscaping.
2.2.21.5.1. Goodlette-Frank Road.
-2-:. 1._:. Tree plantings shall consist of canopy trees with a minimum canopy spread of
five feet and height of ten feet at the time of planting. Trees ,,--at:st shall be placed
every 30 feet in landscaped areas.
3? 2.._:. Palm trees may not be substituted for canopy trees.
21
Words strucl: *~' ..... ~'
...... 6,. are deleted, words underlined are added
4: 3_. Landscape designs shall incorporate the use ofxeriscape plant materials species
as listed in the Xeriscape Plant Guide published by the South Florida Water
Management District.
Sec. 2.2.24. Special treatment overlay district (ST); special regulations for areas
of environmental sensitivity and lands and structures of historical
and/or archaeological significance and the Big Cypress Area of
Critical State Concern.
2.2.24.8 Exceptions from public hearing requirements.
The development services director may administratively approve a site alteration plan or
site development plan for land designated ST without the public hearing otherwise
required by this section if:
1 ,x;u~-~ ~.a ~, .... e,v a~:~_~,,:~, and tThe area of the proposed alteration
or development area cznta:,ng is ~4~ five (5) acres or less in gross area; and
~ there are no transfer of development rights ar-e-involved, the
,4:~.~*~,- oU,~ll ~nD~ ~ ~..4:..~. +h,~* and the following conditions, where
applicable, exist:
a. The proposed site alteration or site development will occur on land
that was lawfully cleared and no more than ten percent of the
cleared lands have re-grown with native vegetation, plan w:.ll nat
b. Where the proposed alteration or development involves a sSingle-
family principal structure or the renovation or replacement of a
single-family structure and~the proposed site alteration or site
development plan will not require any significant modification of
topography, drainage, flora, or fauna on the site, ar 1-,*~ere t~e
st,mcture, s"Significant modification" shall mean modification
greater than te~ fifteen percent of the site.
c. No pollutants will be discharged from the area that will degrade
the air, water or soil below the levels existing at the time of
application.
d. Water management berms and structures proposed for the
protection and/or enhancement of the ST areas-ar-e-of will meet the
minimum dimensions permitted approved-by the South Florida
Water Management District.
2. Temporary site alteration for Ooil and gas geophysical surveys and
testing. "Temporary site" alteration shall mean only those alterations
involving hand cutting of vegetation for surveys and equipment entry, dffi!!
shot holes not exceeding six inches in diameter and rutting associated with
vehicle access. Trimming of vegetation for access routes shall be kept to
the minimum width necessary for surveying and testing. The site shall be
restored as required by federal, state and county permits within 90- days
of the start of the project.
3. Where a conditional use has been approved, along with an environmental
impact statement (EIS) or an exemption from the requirement for an EIS
has been granted pursuant to section 3.8.9. of this code.
22
Words ~*~'~' a...... h
............ ,.. are deleted, words underlined are added
4. Site alteration or site development around existing communication towers
to expand or construct accessory structures associated with an already
existing tower, not to exceed five acres.
All other site alteration or site development plan approvals of any size shall be as
required to comply with the provisions in sections 2.2.24.4, 2.2.24.5, and 2.2.24.6., as
applicable.
Sec. 2.2.28. Immokalee Overlay Districts.
2.2.28.1. Purpose and intent: To create the Immokalee Overlay District with distinct
sub:districts for the purpose of establishing development criteria suitable for
the unique land use needs of the Immokalee Community.
2.2.28.2.1 Murals. Murals in the Immokalee Overlay District and its sub-districts are
intended to support and promote community-based cleanup and other architectural and
aesthetic improvement efforts in the Immokalee Community as set forth below:
1. For the purposes of section 2.2.28, "murals" are defined as paintings or
other artistic depictions directly affixed to, and that do not project more than four
(4) inches from, a building wall.
2. Applications for approval of murals shall be submitted to the community
development and environmental services division. A scale rendering of the mural
in full color, as it will appear on the building, shall accompany applications. Prior
to final action on the application, the staff will obtain a recommendation by the
mural review committee.
3. The board of county commissioners shall appoint a mural review
committee for purposes of reviewing and making recommendations regarding the
proposed murals. The committee shall develop criteria for reviewing mural
applications.
4. All applications for approval of murals shall receive approval of the mural
review committee.
a. Murals affixed to existing structures require submittal of a site
improvement plan application or an insubstantial change to site
development plan application. Such applications shall be exempt from the
applicable application fees.
b. Murals affixed to new structures require application for approval
of mural as part of a site development plan application. Murals that are
part of a site development plan application are shall not be exempt from
the applicable application fees.
5. Notwithstanding the definition of "signs" elsewhere in this code, murals
depicting the history, culture, or natural environment of the Immokalee
Community that do not have any commercial message or advertisement
are not signs, and therefore, the creation, display, or maintenance of such
murals does not require a sign permit, but does, require the
recommendation of the mural review committee.
2.2.28.5.3. Permitted Uses: All permitted uses within the underlying zoning districts, and
the following uses, as identified in the Standard Industrial Classification Manual (1987),
are permitted as a right in this sub-district.
23
Words strack through are deleted, words underlined are added
1. Agricultural Services (0723)
2. Wholesale Trade (5148)
3. Agricultural Outdoor Sales
4. Petroleum Bulk Stations and Terminals (5171) and Petroleum and Petroleum
Products Wholesalers, (5172 - gasoline: buying in bulk and selling to farmers -
wholesale only) provided:
a. Separation requirements: There shall be a minimum distance of 500 feet,
shortest airline measurement, between the nearest points on any lot or parcel
of land containing such proposed operations, and any lot or parcel which is
already occupied by such operation, or for which a building permit has been
issued.
b. Waiver of separation requirements: The board of zoning appeals may by
resolution grant a waiver of part or all of the minimum separation
requirements set forth above pursuant to section 2.6.28.4. of this code.
c. Separation from residentially ~oned lands: There shall be a minimum
distance of 500 feet, shortest airline measurement, from all residentially
zoned land.
d. Maximum lot area: Two (2) acres.
SUBSECTION 3.C. AMENDMENTS TO DIVISION 2.4., LANDSCAPING AND
BUFFERING.
Division 2.4, Landscaping and Buffering, of Ordinance 91-102, as amended, the
Collier County Code, is hereby amended to read as follows:
DIVISION 2.4. LANDSCAPING AND BUFFERING
Sec. 2.4.4. Plant material standards and installation standards.
2.4.4.11. Prohibited species. The following plant species shall not be planted:
2.4.4.11.1. Enterolobium cyclocarpum (ear tree).
2.4.4.11.2. Melia azedarach (Chinaberry tree).
2.4.4.11.3. Bischofia javanica (bishopwood).
2.4.4.11.4. Scaevola frutescens (Australian inkberry).
2.4.4.11.5. Dalbergia sissoo (Indian rosewood).
2.4.4.11.6. Sapium sebiferum (Chinese tallow tree).
2.4.4.11.7. Ardisia elliptica (shoe button ardisia).
2.4.4.11.8. Ficus ~; ........
.......... v,,,~ microcarpa/Ficus nitida (laurel fig/Cuban laurel).
This list shall be subject to revision as exotic plant species are determined to be noxious,
invasive, cause environmental degradation to native habitats, or to be detrimental to
human health, safety, or the public welfare.
SUBSECTION 3. D. AMENDMENTS TO DIVISION 2.6. SUPPLEMENTAL
DISTRICT REGULATIONS.
24
Words o,-,~, ,k .....k
............. ~,,, are deleted, words underlined are added
Division 2.6, Supplemental District Regulations, of Ordinance 91-102, as
amended, the Collier County Land Development Code, is hereby amended to read as
follows:
DMSION 2.6. SUPPLEMENTAL DISTRICT REGULATIONS
Essential Services.
2.6.9.1.Perrnitted uses. The following uses are allowed as shall-be deemed permitted
uses~
a_. in am/every zoning district: water lines, sewer lines, gas lines, telephone lines,
telephone switching stations, cable television, electrical transmission and
distribution lines, substations, emergency power structures, sewage lift stations,
water pumping stations; essential service wells (including extraction facilities, and
requisite ancillary_ facilities,) and any other wells which have been or will be
permitted by the South Florida Water Management District or the Florida
department of environmental protection either prior to or subsequent to the
effective date of this ordinance, or if the respective well and/or well related
facility is otherwise required to be installed or constructed by law; in every zoning
district: individual private wells and septic tanks, and similar installations
necessary for the performance of these services. If any proposed well is a Collier
County owned well under the permitting jurisdiction of a Florida agency, staff,
early in the county's well permit application process, shall post sign(s) at the
county's proposed well site(s) and shall provide written notice that the county has
applied for a required well permit to property owners within 300 feet of the
property lines of the lots or parcels of land on which the applied-for well is being
sought by the county, including, if applicable, the times and places of the
permitting agency's scheduled public hearings~
in commercial and industrially zoned districts: other Ggovernmental facilities, as
e ne s o e,, ....... v ....... , ..........
districts to the extent the facility an&/or service is required by law, rule or
regulation;
c_. in the agricultural and estate zoned districts the following governmental facilities:
nonresidential not-for-profit child care, nonresidential education facilities,
libraries, museums, neighborhood parks_, and recreational service facilities;
d_= in residentially zoned districts: neighborhood parks:
2.6.9.2.Conditional uses. The following uses shall be deemed require approval pursuant
to section 2.7.5. as conditional uses.'
a_. in ne, y-every zoning district: electric or gas generating plants, effluent tanks,
major re-pump stations, sewage treatment plants including percolation ponds,
hospitals, hospices, water aeration or treatment plants, governmental facilities;
b_= in residential, agricultural and estate zoned districts~ except as otherwise specified
by ~..u, ..... +~ supply .....
section 2.6.9.1. :__~ v .............
faeiti6esr, regional parks, community parks, safety service facilities, and other
similar facilities;_;
2.6.35.?. Alligator Alley communication towers.
25
Words ~+~'~ +u ..... u
............ ~,, are deleted, words underlined are added
..,u~.o ,u~ ~...~- ;~ -~, ~.~:~.1 a ........u,:~ .~'^,. .... ,.1~--~ Shall be as
required by section 2.4.6.4., of this code.
SUBSECTION 3.E. AMENDMENTS TO DIVISION 2.7., ZONING
ADMINISTRATION AND PROCEDURES
Division 2.7., Zoning Administration and Procedures of Ordinance 91-102, as
amended, the Collier County Land Development Code, is hereby amended to read as
follows:
DIVISION 2.7. ZONING ADMINISTRATION AND PROCEDURES.
2.7.2.3.4 Notice and public hearing requirements where proposed amendment initiated
by the board of county commissioners wouM change the zoning map designation of a
parcel or parcels of4on~ invc!vcs involving ten contiguous acres or more of land in the
county or wouM change the actual list of permitted, conditional, or prohibited uses of
land within a zoning category. Ordinances or resolutions Itl-eases initiated by the board
of county commissioners-ia which t4~e proposed to change to the zoning map designation
of a parcel or parcels of land ~ involving ten acres or more of land, or which
changes the actual list of permitted, conditional or prohibited uses of land within a zoning
categoryo,,,,,,u ..... v-,~-,~,-',,o:~;""~ shall be enacted or amended pursuant to the following minimum
public notice and hearing requirements'_. .... v ......... ,
hcar~ng.
1. The planning commission shall hold at least one adve~ised public hearing unless
the planning commission elects by a majority decision to hear such ordinance or
resolution to be heard at two public hearings before the planning commission.
there is only one hearing required before the planning commission, that hearing shall
be held a~er 5:00 p.m. on a weekda% and if there are two hearings required before
the planning commission, then at least one of the required hearings shall be held a~er
5:00 p.m. on a weekday, and in which case the first hearing shall be held
approximately seven da~s a~er the day that the ~rst advertisement is published. The
second hearing will be held approximately two weeks a~er the first hearing and shah
be adve~ised approximately ~ve days prior to the public hearing. The da~, time and
place o~ a second public hearing shall be announced at the ~rst public hearing.
2.7.3.4 Time Limits for approved PUD master plans.
Should the development services director determine that the development has not
commenced in earnest, then upon review and consideration of the report provided by the
owner and any supplemental information that may be provided, the board of county
commissioners shall elect one of the following:
26
Words ~*'~'~' ,k..... ~
............ ~.. are deleted, words underlined are added
1. To extend the current PUD approval for a maximum period of two years; at the
end of which time, the owner will again submit to the procedure as defined herein.
2. Require the owner to submit an amended PUD in which the unimproved portions
of the original PUD shall be consistent with the growth management plan. The
existing PUD shall remain in effect until subsequent action by the board on the
submitted amendment of the PUD.
3. If the owner fails to submit an amended PUD within six months of board action to
require such an amended submittal, then the board may initiate proceedings to
rezone the unimproved portions of the original PUD to an appropriate zoning
classification consistent with the future land use element of the growth
management plan.
If in the event of a moratorium or third party litigation challenging the development order
or other action of government that prevents the approval of any final development order
the duration of the suspension of the approval shall not be counted towards the ~
sunset provision.
SUBSECTION 3.F. AMENDMENTS TO DIVISION 2.8., ARCHITECTURAL
AND SITE DESIGN STANDARDS AND GUIDELINES FOR
COMMERCIAL BUILDINGS AND PROJECTS.
Division 2.8., Architectural and Site Design Standards and Guidelines for
Commercial. Buildings and Projects, of Ordinance 91-102, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
DIVISION 2.8. ARCHITECTURAL AND SITE DESIGN STANDARDS AND
GUIDELINES FOR COMMERCIAL BUILDINGS AND
PROJECTS.
2.8.3.4. Pedestrian walkways.
2.8.3.4.1. Purpose and intent. To provide safe opportunities for alternative modes of
transportation by connecting with existing and future pedestrian and bicycle pathways
within the county and to provide safe passage from the public right-of-way to the
ce, mmerc:.a! building or project, which includes the area between and including the
parking areas and the building perimeter, and between alternative modes of
transportation.
2.8.3.4.2. Pedestrian access standards. Pedestrian ways, linkages and paths shall be
provided from the building entry(s) to surrounding streets, external sidewalks, and
outparcels and parking areas. Pedestrian ways shall be designed to provide access
between parking areas and the building entrance(s) in a coordinated and safe manner
through the incorporation ofwalkways, sidewalks and crosswalks. Pedestrian ways may
be incorporated within a required landscape perimeter buffer, provided said buffer is not
less '~-~ '~ e~,: .... :,~,~. .......... pti
................................ ~ consistent with the exce ons outlined in
subsection 2.4.7.3.(4) of this code. Shared pedestrian walkways are encouraged between
adjacent commercial projects.
SUBSECTION 3.G. AMENDMENTS TO DIVISION 3.2, SUBDIVISIONS
27
Words ~*~'~ *~ ..... ~'
............. ~,, are deleted, words underlined are added
2A
Division 3.2, Subdivisions, of Ordinance 91-102, as amended, the Collier Land
Development Code, is hereby amended to read as follows:
DIVISION 3.2. SUBDIVISIONS
3.2.8.3.4. Buffer areas. Subdivisions or developments shall be buffered for the protection
of property owners from surrounding land uses as required pursuant to division 2.4.
Buffers shall not inhibit pedestrian circulation between adjacent commercial land uses.
Buffers shall be installed during construction as follows and in accordance with division
2.4:
(a) To separate residential developments from commercial, community use, industrial
and public use developments and adjacent expressways, arterials and railroad
rights-of-way, except where such expressway, arterial, or railroad right-of-way
abuts a golf course.
(b) To separate commercial, community use, industrial and public use developments
from residential developments.
(c) To separate subdivisions of residential property that do not result in the submittal
of a site development plan pursuant to the provisions of division 3.3 from other
residential properties.
Separation shall be created with a landscape buffer strip which is designed and
constructed in compliance with the provisions of division 2.4. Such buffer strip(s)
shall be shown and designated on the final plat as a tract of easement and shall not
be located within any public or private right of way. The ability to locate
buffer(s) within a platted or recorded easement shall be determined pursuant to
the provisions of division 2.4. Buffers adjacent to protected/preserve areas shall
conform to the requirements established by the agency requiring such buffer.
3.2.8.4.8. Fire hydrants.
1. Residential land development. In one and two-family land developments with
not more than ten dwelling units per acre, fire hydrants shall be spaced not
greater than 500 feet apart and not more than 250 feet from the center of any
lot in the subdivision and shall be connected to mains no less than six inches
in diameter. The system shall provide capacity for fire flows of at least 500
gallons per minute or greater, a~ .~,~ ...... ~ .......... vv ...................
,t~ T ......... e .... :~^~ r~ in addition to maximum day domestic
requirements at residual pressures of not less than 20 pounds per square inch
unless otherwise required by the applicable fire code.
2. Commercial, industrial, single family with structures in excess of 5000 square
fee6 and mult~amily developments. Fire hydrants located in these areas shall
be connected to water mains no less than eight inches in diameter. In no case
shall the spacing of hydrants be greater than 5~ 300 feet apa~ and az: mere
,,.. ~n c~, c .... ~ ....... cf any 1~, :_ ,~....~n:..:~:~ Additional on site
fire hydrants are required when potions of structures are more than 150 feet
from the street. These hydrants shall be located as determined by the fire code
o~cial. Hydrant spacing and size shall be capable of providing water flows
adequate to meet the requirements of the Fire Flow ~alysis gun,tess[cz
less than 750 gallons per minute with the residual pressure of 20 pounds per
square inch at the most demanding r;.m::e point of discharge.
28
Words ~*~'~1~ +l.,.....~
............ ~,, are deleted, words underlined are added
3.H. AMENDMENTS TO DIVISION 3.3., SITE DEVELOPMENT PLANS
Division 3.3, Site Development Plans, of Ordinance 91-102, as amended, the
Collier County Land Development Code, is hereby amended to read as follows:
DIVISION 3.3. SITE DEVELOPMENT PLANS
Sec. 3.3.7. Site Development plan review (SDP) procedures.
3.3.7.1.10 Permits. All necessary permits and necessary applications requiring county
approval and other permitting and construction related items, including but not limited to
the following, shall be submitted and approved with the side development plan:
4. Collier County right-of-way permit, if required, prior to or at site development
plan -* *~ ':--^ ~*'~"':~: ...... :~ approval
SUBSECTION 3.I. AMENDMENTS TO DIVISION 3.13 COASTAL
CONSTRUCTION SETBACK LINE VARIANCE.
Division 3.13, Coastal Construction Setback Line Variance, of Ordinance 91-102,
as amended, the Collier County Land Development Code, is hereby amended to read as
follows:
DIVISION 3.13 COASTAL CONSTRUCTION
SETBACK LINE VARIANCE.
Sec. 3.13.8. Permits.
The following activities seaward of the coastal construction setback line shall not require
a hearing by the board of county commissioners, but shall require a coastal construction
setback line permit. Such permit shall be reviewed and approved administratively by site
development review environmental staff. The appropriate fee as set by county resolution
shall be submitted with permit application.
3.13.8.1. Construction of a dune walkover ;v~t~ a.,,,,~,,,,,,,,,: ....... ,,,,,,,,:'~'~' ,,,~*' ~,,,~:v -,,,,,,c~' when
a Florida Department of Environmental Protection (FDEP) permit has
been obtained and the following criteria have been met.
3.13.8.1.1. A maximum width of six feet.
3.13.8.1.2. A minimum separation of 200 feet between walkovers when two or more
walkovers are proposed on a single parcel.
3.13.8.2. Creation, restoration, re-vegetation or repair of the dune or other natural
area seaward of the CCSL on an individual parcel of land, when a Florida
Department of Environmental Protection (FDEP) permit has been obtained
and the following criteria have been met.
3.13.8.2.1. Sand used must be compatible in color and grain size to existing sand
subject to FDEP requirements.
3.13.8.2.2. Plants utilized shall be 100 percent native coastal species.
29
Words ~*~'-~ *~ .....~
............ ~,~ are deleted, words underlined are added
3.13.8.2.3. Restoration plans shall be designed by an individual with expertise in the
area of environmental sciences, natural resource management or landscape
architecture. Academic credentials shall be a bachelors or higher degree.
Professional experience may be substituted for academic credentials on a
year for year basis, provided at least two years of professional experience
are in the State of Florida.
SECTION FOUR: CONFLICT AND SEVERABILITY
In the event this Ordinance conflicts with any other Ordinance of Collier County and other
applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE
The provisions of this Ordinance shall become and be made a part of the Land Development
Code of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to
accomplish such, and the word "ordinance" may be changed to "section", "article", or any other
appropriate word.
SECTION SIX: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,
Florida, this /~' day of ~ , 2002.
,,' ~ ~ :./:'0 ~ii BOARD OF COUNTY COMMISSIONERS
-. c,, COLLiER COUN ~~A
,,ATTEST." ,(.?. J~N. COLETTA, CHAIRMAN
DWIQH. T
Marjori~I. Student
Assistant County Attorney
30
Words ~*~"~1' *1. ..... !~
............ e,,, are deleted, words underlined are added
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2002-31
Which was adopted by the Board of County Commissioners
on the 19th day of June, 2002, during Special Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 26th
day of June, 2002.
DWIGHT E. BROCK
Clerk of Courts and
Ex-off~cio to Board
County Commissioner~2
By: Ellie Hoffman,
Deputy Clerk
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
To: Clerk to the Board: Please place the following as a:
XXX Normal legal Advertisement [] Other:
(Display Adv., location, etc.)
~gMa~g D¢p~.Div: Co~.D~v.S¢~.~lanning P~rson: Date:
Pe~fion No. (ffnone, ~ve brief description):
Pefifion~: ~me & Address):
Nme & Ad&ess of ~y pe~on(s) to be no~cd by Clerk's 0~ce: ~f m~e space is neede~ a~ach s~mte sheet)
He~g before ~ BCC B~ O~er
......... / appe~5_~' 15'~s before he~g.
Requested He~~" Jun e 1 9, 2002/'x B~ed on adveffisement
(Compl t t Vom0:
~ Naples D~y News O~er ~ LegaCy Req~ed
Proposed Text: (~clude legal des~fion & comon location & S~e:
~mpmon petition(s), if ~y & propOsed he~g date:
Does Pefifi~ Fee ~clude adveffis~g cost?-~ Yes ~ No ~Yes, what accost shoed be c~ged for adve~g costa:
113-138312-~9110
Reviewed by: Approved by:
cad ~
Date Co~W M~ger Date
L~t A~c~enm:
DIS~U~ON ~S~UC~ONS
~ For h~rings before BCC or BZA: ~fia~g person to complete one coy and obtain Di~sion Head approval before
sub~tfing to Coun~ Manager. Note: ff legal docment ~ involved, be s~e that any nee~sa~ l~al renew, or request
for same, is subdued to Coun~ ARorney before sub~g to Coun~ M~ager. The Manager's office ~11 di~bute
copies:
[] County Manager agenda file: to '[-] Requesting Division [] Original
Clerk's Office
B. Other hearings: Initiating Division head to approve and submit orig/nal to Clerk's Office, retoining a copy for file.
Date Received: ~C/~. O.//$ ~ Date of Public heaxing: .. ,2... Date Advertised:
ORDINANCE NO. 02-
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS
AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE
FOR THE UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA BY PROVIDING FOR: SECTION ONE: RECITALS;
SECTION TWO: FINDINGS; SECTION THREE: AMENDMENTS TO
THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY
AMENDING SUBSECTION 2.2.30. AND SUBSECTION 2.2.31.
RESPECTIVELY TO EXTEND THE DURATION OF THE
MORATORIUM ESTABLISHED BY ADMINISTRATION
COMMISSION FINAL ORDER IN CASE NUMBER ACC NO. 99-002
RELATING TO THE INTERIM NATURAL RESOURCE
PROTECTION AREAS WITHIN THE RURAL AREA SUBJECT TO
SAID ORDER AND FOR THE RURAL AREA (INCLUDING THE
RURAL FRINGE AND EASTERN LANDS AREAS) SUBJECT TO
SAID ORDER UNTIL SUCH TIME AS THE GROWTH
MANAGEMENT PLAN AMENDMENTS AND LAND
DEVELOPMENT REGULATIONS NECESSARY TO IMPLEMENT
SAID FINAL ORDER BECOME LEGALLY EFFECTIVE; SECTION
FOUR: CONFLICT AND SEVERABILITY; FIVE: INCLUSION IN
THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND
SECTION SIX: EFFECTIVE DATE.
WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners adopted
Ordinance No. 91-102, the Collier County Land Development Code (hereinafter I~DC) , which has been
subsequently amended; and
WHEREAS, the LDC may not be amended more than two times in each calendar year unless
additional amendment cycles are approved by the Collier County Board of County Commissioners pursuant to
Section 1.19.1., LDC; and
WHEREAS, this is the first amendment to the LDC, Ordinance 91-102, for the calendar year 2004-2;
and
WHEREAS, on March 18, 1997, the Board of County Commissioners adopted Resolution 97-177
establishing local requirements and procedures for amending the !,DC; and
WHEREAS, all requirements of Resolution 97-177 have been met; and
WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold
advertised public hearings on May 29, 2002, and June 19, 2002~ and did take action concerning these
amendments to the LDC; and
WHEREAS, the subject amendments to the LDC are hereby determined by this Board to be
consistent with and to implement the Collier County Growth Management Plan as required by Subsections
163.3194 (1) and 163.3202 (1), Florida Statutes; and
WHEREAS, all applicable substantive and procedural requirements of the law have been met.
NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier
County, Florida, that:
I of 5
Words ~'~'~ *~' .....~'
............ e.. are deleted, words underlined are added.
NOW, THEREFORE BE IT ORDAINED by the Board of County
Commissioners of Collier County, Florida, that:
SECTION ONE: RECITALS
The foregoing recitals are true and correct and incorporated by reference herein as
if fully set forth.
SECTION TWO: FINDINGS OF FACT
The Board of County Commissioners of Collier County, Florida, hereby makes
the following findings of fact:
1. Collier County, pursuant to Sec. 163.3161, et seq., Fla. Stat., the Florida Local
Government Comprehensive Planning and Land Development Regulations Act
(hereinai~er the "Act"), is required to prepare and adopt a Comprehensive Plan.
2. After adoption of the Comprehensive Plan, the Act and in particular Sec.
163-3202(1). Fla. Stat., mandates that Collier County adopt land development regulations
that are consistent with and implement the adopted comprehensive plan.
3. Sec. 163.3201, Fla. Stat., provides that it is the intent of the Act that the adoption
and enforcement by Collier County of land development regulations for the total
unincorporated area shall be based on; be related to, and be a means of implementation
for, the adopted Comprehensive Plan as required by the Act.
4. Sec. 163.3194(1Xb), Fla. Stat., requires that ali land development regulations
enacted or amended by Collier County be consistent with the adopted Comprehensive
Plan, or element or portion thereof, and any land development regulations existing at the
time of adoption which are not consistent with the adopted Comprehensive Plan, or
element or portion thereof, shall be amended so as to be consistent.
5. Sec. 163.3202(3), Fla. Stat., states that the Act shall be construed to encourage the
use of innovative land development regulations.
6. On January 10, 1989, Collier County adopted the Collier County Growth
Management Plan (hereinafter the "Growth Management Plan" or "GMP") as its
Comprehensive Plan pursuant to the requirements of Sec. 1634.3161 et seq. Fla.. Stat.,
and Rule 9J-5, F.A.C.
7. Sec. 163.3194(1)(a), Fla. Stat., mandates that after a Comprehensive Plan, or
element or portion thereof, has been adopted in conformity with the Act, all development
undertaken by, and all actions taken in regard to development orders by, governmental
agencies in regard to land covered by such Comprehensive Plan or element or portion
thereof shall be consistent with such Comprehensive Plan or element or portion thereof.
8. Pursuant to Sec. 163.3194(3)(a), Fla. Stat., a development order or land
development regulation shall be consistent with the Comprehensive Plan if the land uses,
densities or intensities, in the Comprehensive Plan and if it meets all other criteria
enumerated by the local government.
9. Section 163.3194(3)(b). Fla. Stat., requires that a development approved or
undertaken by a local government shall be consistent with the Comprehensive Plan if the
land uses, densities or intensities, capacity or size, timing, and other aspects of
development are compatible with, and further the objectives, policies, land uses, densities
2 of 5
Words s~,4hro~-are deleted, words underlined are added.
or intensities in the Comprehensive Plan and if it meets all other criteria enumerated by
the local government.
10. On October 30, 1991, Collier County adopted the Collier County Land
Development Code, which became effective on November 13, 1991 and may be amended
twice annually.
11. Collier County finds that the Land Development Code is intended and necessary
to preserve and enhance the present advantages that exist in Collier County; encourage
the most appropriate use of land, water and resources, consistent with the public interest;
overcome present handicaps; and deal effectively with future problems that may result
from the use and development of land within the total unincorporated are of Collier
County and it is intended that this Land Development Code preserve, promote, protect,
and improve the public health, safety, comfort, good order, appearance, convenience, and
general welfare of Collier County; prevent the overcrowding of land and avoid the undue
concentration of population; facilitate the adequate and efficient provision of
transportation, water, sewerage schools, parks, recreational facilities, housing, and other
requirements and services, conserve, develop, utilize, and protect natural resources within
the jurisdiction of Collier County; and protect human, environmental, social, and
economic resources; and maintain through orderly growth and development, the character
and stability of present and future land uses and development in Collier County.
12. It is the intent of the Board of County Commissioners of Collier County to
implement the Land Development Code in accordance with the provisions of the Collier
County Comprehensive Plan, Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and
through these amendments to the Code.
SECTION THREE: AMENDMENTS TO THE LAND DEVELOPMENT CODE
SUBSECTION 3A. AMENDMENTS TO DMSION 2.2, ZONING DISTRICTS,
PERMITTED USES, CONDITIONAL USES,
DIMENSIONAL STANDARDS.
Division 2.2, Zoning Districts, Permitted Uses, Conditional Uses, Dimensional
Standards of the Collier County Land Development Code, Ordinance Number 91-102, as
amended, is hereby amended to read as follows:
Sec. 2.2.30. Declaration of partial moratorium for rural and agricultural area
assessment.
2 2 30 1 Durati yea ,-~ ,~.~ .a~,~ ^~.,~.~
. . . 0//. . ,..,, 3. ~,,.,, ,,.,,.. ,.,,,,. ~.,.~ ,.,,,,.,.,,.,,.,,.., ,,,,. ,.,,.,
'h.{^ CIO CI~")4f'_tg'~ ^. { .... qq OCICIO cCertain land uses as set forth in
subsection 2.2.30.3 of the Code are prohibited in the respective Rural
Fringe Area ~nd the Rural Land L~ndv Area, as these Areas are identified
in the future land use element .CFLUE) of{he growth mana6ement plan,
until such time ~s the respective comprehensive plan amendments to
implement the final order of the Administration Commission in Case No.
99-02 (DOAH Case No. 98-0324G1VD become legally effective in that
Area pursuant to subsection 163.3189(2), Florida Statutes so long as such
amendments do not require implementing land development regulations.
In the case of grovdh mitnagement plan amendments that specifically
requir~ implementin~ land deve{opment regulations, the moratorium shall
r~m~i~ in effect until the ordinance adopting such regulations is legally
effective,
2.2.30.3. Prohibited uses. The following uses are hereby prohibited far &
~onduet~[- in the Rural Fringe Area and the Rural Lands Area, as these
Areas are identified in the future land use element of the growth
3 of 5
Words sma, c-thin.a-are deleted, words underlined are added.
management plan. until such time as the respective growth management
plan amendments for each Area become effective~ Upon the amendments
becoming effective for ca_ch Area described in the FLUE. this prohibition
on the following uses in that specified area shall expire; except that where
implementing land development regulations are specifically required for a
use, said use shall remain prohibited until the implementing land
development re_inflation(s) for said use becomes effective. For purposes of
this section and references in the growth management plan amendments,
the term "implementing land development regulations" or similar phrase
includes planned unit development or planned development zoning
ordinances.
Sec. 2.2.31. Declaration of partial moratorium for natural resource protection
areas (NRPAs).
2231 1 ..................................
.............. ~ ......... , .... , oOn_ ce~n land uses as specified in
subsection 2.2.31.3 of the Code shall be permitted in the natural resource
prote~ion ~eas ~As) within the respective Rural Fringe ~ea and the
Rural Land Lands ~ea, as these ~eas are identified in the ~ture land use
element (FL~) of the gro~h management plan, until such time as the
respective comprehensive plan amendments to implement the final order
of the Administration Commission in Case No. 99-02 ~O~ Case No.
98-0324G~ become legally effective in that ~ea pursuant to subsection
163.3189{2), Florida Statutes so long as such amendments do not require
implementing land development re~lations. In the ~ase of gro~h
management plan amendments that specifically require implementing land
development re~lations, the morato~um shall remain in effect until the
ordinance adopting such re~lations is legally effective.
2.2.31.3 Pe~itted uses. The following uses shall be the only uses allowed in the
natural resource prote~ion areas daring ...................... yea:'
......... , ~ ....... ~ ,~ .... c i, the Rural Fringe ~ea and the
Rural Lands ~ea, as these ~eas are identified in the ~ture land use
element of the gro~h management plan, until such time as the respective
gro~h management plan amendment~ for each ~a become effective,
Upon ,he amendments becoming effective for each ~ea described in the
FL~, this limi,~tion on permitted uses in fha, sp~ified ~ea shall expire;
except that where implementing land development re~lations are
specifically required for a particular use, said use shall remain subje~ to
the limitations in this section on pe~itted uses until the implementing
land development re~lation{s) for said use becomes effective. For
pu~oses of this section and references in the gro~h management plan
~mendments. the te~ "implementing land development regulations" or
similar phrase includes planned unit development or planned development
zoning ordinances.
SECTION FOUR: CONFLICT AND SEVERABILITY
In the event this Ordinance conflicts with any other Ordinance of Collier County
and other applicable law, the more restrictive shall apply. If any phrase or portion of the
Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such
4 of 5
Words ~i:~'~.-th~are deleted, words underlined are added.
portion shall be deemed a separate, distinct and independent provision and such holding
shall not affect the validity of the remaining portion.
SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND
DEVELOPMENT CODE
The provisions of this Ordinance shall become and be made a part of the Land
Development Code of Collier County, Florida. The sections of the Ordinance may be
renumbered or re-lettered to accomplish such, and the word "ordinance' may be changed
to "section," article," or any other appropriate word.
SECTION SIX: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of
Collier County, this day of ,2002.
BOARD OF COUNTY COMMISSIONER`S
COLLIER, COUNTY, FLORIDA
BY:
JAMES N. COLETTA, CHAIRMAN
ATTEST:
DWIGHT E. BROCK, CLERK
Approved As to Form and Legal Sufficiency
Marjo~je M. Student
Assistant County Attorney
5 of 5
Words s:r',:zk iF, re, ugh are deleted, words underlined are added.
May 30, 2002
Ms. Pam Perrell
Naples Daily News
1075 Central Avenue
Naples, FL 34102
Re: Notice of Public Hearing to Consider Amendments to the
Land Development Code
Dear Pam:
Please advertise the above referenced notice on Monday, June
3, 2002, and send the Affidavit of Publication, in
duplicate, together with charges involved to this office.
Thank you.
Sincerely,
Ellie Hof fman,
Deputy Clerk
Enclosure
Account 113-138312-649110
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on WEDNESDAY, JUNE 19, 2002, in the
Boardroom, 3rd Floor, Administration Building, Collier County
Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board
of County Commissioners will consider the enactment of a County
Ordinance. The meeting will commence at 5:05 P.M. The title of the
proposed Ordinance is as follows:
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS AMENDED, THE
COLLIER COUNTY LAND DEVELOPMENT CODE FOR THE UNINCORPORATED AREA
OF COLLIER COUNTY, FLORIDA BY PROVIDING FOR: SECTION ONE:
RECITALS; SECTION TWO: FINDINGS; SECTION THREE: AMENDMENTS TO THE
LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING SUBSECTION
2.2.30. AND SUBSECTION 2.2.31. RESPECTIVELY TO EXTEND THE DURATION
OF THE MORATORIUM ESTABLISHED BY ADMINISTRATION COMMISSION FINAL
ORDER IN CASE NUMBER ACC NO. 99-002 RELATING TO THE INTERIM
NATURAL RESOURCE PROTECTION AREAS WITHIN THE RURAL AREA SUBJECT TO
SAID ORDER AND FOR THE RURAL AREA (INCLUDING THE RURAL FRINGE AND
EASTERN LANDS AREAS) SUBJECT TO SAID ORDER UNTIL SUCH TIME AS THE
GROWTH MANAGEMENT PLAN AMENDMENTS AND LAND DEVELOPMENT REGULATIONS
NECESSARY TO IMPLEMENT SAID FINAL ORDER BECOME LEGALLY EFFECTIVE;
SECTION FOUR: CONFLICT AND SEVERABILITY; FIVE: INCLUSION IN THE
COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX: EFFECTIVE
DATE.
Copies of the proposed Ordinance are on file with the Clerk to the
Board and are available for inspection. All interested parties are
invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must register
with the County administrator prior to presentation of the agenda item
to be addressed. Individual speakers will be limited to 5 minutes on
any item. The selection of an individual to speak on behalf of an
organization or group is encouraged. If recognized by the Chairman, a
spokesperson for a group or organization may be allotted 10 minutes to
speak on an item.
Persons wishing to have written or graphic materials included in
the Board agenda packets must submit said material a minimum of 3 weeks
prior to the respective public hearing. In any case, written materials
intended to be considered by the Board shall be submitted to the
appropriate County staff a minimum of seven days prior to the public
hearing. All material used in presentations before the Board will
become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need
a record of the proceedings pertaining thereto and therefore, may need
to ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is
based.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
JAMES N. COLETTA, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: /s/Ellie Hoffman, Deputy Clerk
(SEAL)
2B
Ellie J. Hoffman
To: paperrell@naplesnews.com
Subject: Notice of LDC Hearing -
Hi Pam,
Please advertise the above notice as indicated on the attached.
Thank you.
LDC 6-19.1.doc LDC 15 day.doc
Ellie J. Hoffman
From: System Administrator [postmaster@naplesnews.com]
Sent: Thursday, May 30, 2002 2:26 PM
To: Ellie J. Hoffman
Subject: Delivered: Notice of LDC Hearing -
Notice of LDC
Hearing -
<<Notice of LDC HearlnH - >> Your messaHe
To: ,paperrell@naplesnews.com'
Subject: Notice of LDC Hearing -
Sent: Thu, 30 May 2002 14:37:04 -0400
was delivered to the followinH recipient(s):
Perrell, Pamela on Thu, 30 May 2002 14:25:54 -0400
Naples Daily N~ws 2 B
Haples, FL 34102 TO
Affidavit of Publication N~ples D~ily News
BOARD OF COU~TY COMMISSIO~ERS
CHERI LEF^RA
PO BOX 41301¢
NAPLES FL 34101-3016
~EFERENCE: 001230 1151383126491
5E~63918 NOTICE OF INTEHT TO
Sta~e of Florida
County of Collier
B~fore the under~igned ~uthori~y, perso~at~y
appeared B. Lamb~ who on oath says ~i.at she servec
as Assistent Corporate Secretar~ of the Naples
Daily Neus, a daily newspaper published at i!aples,
ir~ Collier Count), Florida: that the attached
copy of advertising wa~ published in said
newspaper on dates listed.
Affiant further say~ that the said Naples Daily
~ews is a newspaper publicized at ~iaples, in said
Collier C¢~unt%, Florida~ and that the said
newspaper has heretofore be~n continueusly
published in ~aid Collier County, Florida, each
day ~nd has been entered as second class mail
matter at the ~ost office in N~les, in said
Collier County, Florida~ for a period of I year
next pr~cedin~ ~he first publication of ~he
attached copy of advertisement; and affiant
further says that she has neither paid nor
promised any i~er$on, firm or carporatien any
discount~ relate, commissio~ or refund for the
purpose of securing this advertisement for
pu~l:ction in the sai~ newspaper.
PUBLISHED ON: 06/03 TI
ULATIO
~D SPA~E: 147.000 INCH I
FILED ON: 06/0~/02
~rsonally known by me . ~ ~
o,e,~'~,~ Donna Chesney ~
'~,~.~d~e,~ My Commission DD056336.J
Expires September 11, 2005
To: Clerk to the Board: Please place the following as a:
XXX Normal legal Advertisement [] Other:
(Display Adv., location, etc.)
Originating Dept/.Div: Comm.Dev. Serv./Planning Person: Date:
Petition No. (If none, give brief description):
Petitioner: (Name & Address):
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet)
Hearing before XXX BCC xB~x ~x ~_~ X
Requested Hearmgjta~ O u n e 1 9, 2 0 0 2 .....).. Based on advertisement app~ring .
5
day~
before
hearing.
Newspaper(s) to be~'--tmed: (Complete only if important):
XXX Naples Daffy News Other [] Legally Required
Proposed Text: (Include legal description & common location & Size: P L E A S E S E E A TTA C H E D
Companion petition(s), if any & proposed hearing date:
Does Petition. Fee include advertising cost? [] Yes [] No ~fYes, what accotmt should be charged for advertising costs:
113-138312-649110
Reviewed by: Approved by:
~ivisio~ Head ' - - / Date County Manager Date
ListAttachmentS:Ordinance ~ Map
- ....... DI~UTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before
submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request
for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute
copies:
[] County Manager agenda file: to ' [] Requesting Division [] Original
Clerk's Office
B. Other hearings: Imtiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
FOR CLERK'S OFFICE USE ON~Y:
FAX
TO: Pam Perrel,
LOCATION: Naples Daily News
FAX NO: (941.) 263-4703
COMMENTS: Please advertise the notice and display
ad as indicated. Thanks, Para!!
FROM: Ellie Hoffman
LOCATION: COLLIER COUNTY COURTHOUSE
FAX NO: (941) 774-8408
PHONE NO: (941) 774-8406
DATE SENT: Thursday, May 30, 2002
TIME SENT: 2:52:25 PM
# OF PAGES: 5
May 30, 2002
Ms. Pam Perrell
Naples Daily News
1075 Central Avenue
Naples, FL 34102
Re: Notice of Public Hearing to Consider Amendments to the Land
Development Code
Dear Pam:
Please advertise the above referenced notice and map on Thursday,
June 13, 2002. This advertisement should be no less than one-
quarter page and the headline in the advertisement should be in a
type no smaller than 18 point. The advertisement should not be
placed in that portion of the newspaper where legal notices and
classified advertisements appear.
Kindly send the Affidavit of Publication, in duplicate, together
with charges involved to this office.
Thank you.
Sincerely,
Ellie Hof fman,
Deputy Clerk
Enclosure
Account 113-138312-649110
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on WEDNESDAY, JUNE 19, 2002, in the
Boardroom, 3rd Floor, Administration Building, Collier County
Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board
of County Commissioners will consider the enactment of a County
Ordinance. The meeting will commence at 5:05 P.M. The title of the
proposed Ordinance is as follows:
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS AMENDED, THE
COLLIER COUNTY LAND DEVELOPMENT CODE FOR THE UNINCORPORATED AREA
OF COLLIER COUNTY, FLORIDA BY PROVIDING FOR: SECTION ONE:
RECITALS; SECTION TWO: FINDINGS; SECTION THREE: AMENDMENTS TO THE
LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING SUBSECTION
2.2.30. AND SUBSECTION 2.2.31. RESPECTIVELY TO EXTEND THE DURATION
OF THE MORATORIUM ESTABLISHED BY ADMINISTRATION COMMISSION FINAL
ORDER IN CASE NUMBER ACC NO. 99-002 RELATING TO THE INTERIM
NATURAL RESOURCE PROTECTION AREAS WITHIN THE RURAL AREA SUBJECT TO
SAID ORDER AND FOR THE RURAL AREA (INCLUDING THE RURAL FRINGE AND
EASTERN LANDS AREAS) SUBJECT TO SAID ORDER UNTIL SUCH TIME AS THE
GROWTH MANAGEMENT PLAN AMENDMENTS AND LAND DEVELOPMENT REGULATIONS
NECESSARY TO IMPLEMENT SAID FINAL ORDER BECOME LEGALLY EFFECTIVE;
SECTION FOUR: CONFLICT AND SEVERABILITY; FIVE: INCLUSION IN THE
COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX: EFFECTIVE
DATE.
Copies of the proposed Ordinance are on file with the Clerk to the
Board and are available for inspection. All interested parties are
invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must register
with the County administrator prior to presentation of the agenda item
to be addressed. Individual speakers will be limited to 5 minutes on
any item. The selection of an individual to speak on behalf of an
organization or group is encouraged. If recognized by the Chairman, a
spokesperson for a group or organization may be allotted 10 minutes to
speak on an item.
Persons wishing to have written or graphic materials included in
the Board agenda packets must submit said material a minimum of 3 weeks
prior to the respective public hearing. In any case, written materials
intended to be considered by the Board shall be submitted to the
appropriate County staff a minimum of seven days prior to the public
hearing. All material used in presentations before the Board will
become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need
a record of the proceedings pertaining thereto and therefore, may need
to ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is
based.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
JAMES N. COLETTA, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: /s/Ellie Hoffman, Deputy Clerk
(SEAL)
NAt LES DAILY NEWS
Publ shed Daily PUBLIC ~.~. ~ ' PUBLIC NO~ICSl~- ' PUBLIC N13'tt~,~
Napl ~'s, FL 34102
At fidavit of Publication NOTiCB: ' INTENT TOL CONSIDER :*ORDINI N m':'t
Sta Lc of Florida __NOUoe is hereby given that on WEDNESDAY. JUNE 19. 200~. in the Boardroom, 3rd
TF!~.~., Adm, inistration Building, Collier County Government Center, 3301 East Tarnlami
Col Ilty of Collier ,.NJ ap. le~., Rorida, the Board of County Commissioners will consider the
ermcrment* CT a County Ordinance. The meeting will commence at 5:05 P.M. The title
.of the proposed Ordinance is as follows:
Be£o e the undersigned they serve as the authority, personally
appe ired B. Lamb, who on oath says that they AN ORDINANCE ,AMENDING oRDINANCE NUMBER 91-102, AS
AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE
serv~ as the Assistant Corporate Secretary of the Naples Daily, FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA
a da ly newspaper published at Naples, in Collier County, BY PROVIDING FOR: SECTION ONE: RECITALS; SECTION TWO:
Flori la; distributed in Collier and Lee counties of Florida; that FINDINGS; SECTION ' THREE: AMENDMENTS TO THE LAND
the tached copy of the advertising, beinga DEVELOPMENT CODE, MORE' SPECIFICALLY AMENDING
SUBSECTION 2.2.30. AND SUBSECTION 2.2.3% RESPECTIVELY TO
PUl ~IC NOTICE EXTEND THE DURATION OF THE MORATORIUM 'ESTABLISHED BY
ADMINISTRATION COMMISSION FINAL ORDER IN CASE NUMBER
ACC NO, 99-002 RELATING TO THE INTERIM NATURAL RESOURCE
in th matter of PUBLIC NOTICE PROTECTION AREAS WITHIN THE RURAL AREA SUBJECT TO SAID
ORDER AND FOF~ THE RURAL AREA (INCLUDING THE RURAL
was* ublished in said newspaper 1 me(s) in the issue FRINGE AND EASTERN LANDS AREAS) SUBJECT TO 8AID ORDER
on me 13, 2002 UNTIL SUCH TIME AS THE GROWTH MANAGEMENT PLAN
AMENDMENTS AND LAND DEVELOPMENT REGULATIONS
NECESSARY TO IMPLEMENT SAID FINAL ORDER BECOME
^~ mt ~'urtber says thatthe said ~aples ~)aity News is a newspaper LEGALLY EFFECTIVE; SECTION FOUR: CONFLICT AND
publi ~ed at~ap~es, in said CoUierOomy, Florid~, and that the said SEVERABILITY; FIVE: INCLUSION IN THE COLLIER COUNTY .LAND
news~ ~er has heretofore be~ continuously published in said Collier DEVELOPMENT CODE; AND SECTION SIX: EFFECTIVE DATE.
Court1 Florida; distributed in Collier and Lee counties of'Florida,
each and has been entered as second class mail matter at the post Copies of the proposed Ordinance are on file with the Clerk to the Board and are
o~fiee in Naples, in said Collier County, ~orida, for a per~od of ~ available for inspection. All interested parties am invited to attend and be heard.
yearadver ~eXtsement;precedingand affiantthe firStfurtherPUblicatiOnsays that ofthehe hasattachedneither cOpypaid Ofnor ~ Ail. persons wishing to speak on any agenda item must 'register with the
promi ed any person, firm or co~pomon any discount, rebate, ~n.q/ a. aministrator odor to presentation of the agenda item to be addressed.
coma ssion or refund :or thepurpose orsecuringthisadvmisementfor Indiviaua! speakers will be limited to 5 minutes on any item. The selection of an
publk ~onmthesaidnewspa~er. individual to speak on behalf of an organization or group or organization is
'/~'> ~ enoou, rag.ed. If .recognized by .the Chairman, a spokeaperecn for a group or
~, ~ ~ orgamzanon may r~e allotted 10 m~nutes to speak on ari item. _
~'ture of affiant)
( Sig Persons wishing to have written or graphic materials included in the Board agenda
packets must submit said material a minimum of 3 weeks prior .to the respective
.!~,!ic. hear?g, In any ..case, written, materials intended to be considered by the Board
Swoln to and subscribed before me ..~1~ r~.e,.su?mitted t,o..me ?pp.roprlate County staff a minimum, of seven days prior to
This~3th day of June, 2002 Dla pUDIIC nearing. ~u; mamna~ ussd in presentations before the Board will become a
/~, permanent part of the record.
f/~,./~//~ ~~ Any person who decides to appeal a decision of the Board will need a record of the
proceedings pertaining thereto and therefore, may need to ensure that a verbatim
~'~;~t~cFt~/~blic) ,// record of the proceedings is made, which record includes the testimony and
:, ~t~; ~y Come,sago, o[~0~ evidence upon which the appeal is based.
BOARD OF COUNTY COMMISSIONERS
OOLLIER COUNTY, FLORIDA
dAMES N. OOLETTA, CHAIRMAN
DWIGHT fi. BROOK, CLERK
By-d~/Etlie Hoffman, Deputy Olerk
ORDINANCE NO. 02- 3 0
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS
AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE
FOR THE UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA BY PROVIDING FOR: SECTION ONE: RECITALS;
SECTION TWO: FINDINGS; SECTION THREE: AMENDMENTS TO
THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY
AMENDING SUBSECTION 2.2.30. AND SUBSECTION 2.2.31.
RESPECTIVELY TO EXTEND THE DURATION OF THE
MORATORIUM ESTABLISHED BY ADMINISTRATION
COMMISSION FINAL ORDER IN CASE NUMBER ACC NO. 99-002
RELATING TO THE INTERIM NATURAL RESOURCE
PROTECTION AREAS WITHIN THE RURAL AREA SUBJECT TO
SAID ORDER AND FOR THE RURAL AREA (INCLUDING THE
RURAL FRINGE AND EASTERN LANDS AREAS) SUBJECT TO
SAID ORDER UNTIL SUCH TIME AS THE GROWTH
MANAGEMENT PLAN AMENDMENTS AND LAND
DEVELOPMENT REGULATIONS NECESSARY TO IMPLEMENT
SAID FINAL ORDER BECOME LEGALLY EFFECTIVE; SECTION
FOUR: CONFLICT AND SEVERABILITY; FIVE: INCLUSION IN
THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND
SECTION SIX: EFFECTIVE DATE.
WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners adopted
Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LDC) , which has been
subsequently amended; and
WHEREAS, the LDC may not be amended more than two times in each calendar year unless
additional amendment cycles are approved by the Collier County Board of County Commissioners pursuant to
Section 1.19.1., LDC; and
WHEREAS, this is the first amendment to the LDC, Ordinance 91-102, for the calendar year 2004-2;
and
WHEREAS, on March 18, 1997, the Board of County Commissioners adopted Resolution 97-177
establishing local requirements and procedures for amending the LDC; and
WHEREAS, all requirements of Resolution 97-177 have been met; and
WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold
advertised public hearings on May 29, 2002, and June 19, 2002~ and did take action concerning these
amendments to the LDC; and
WHEREAS, the subject amendments to the LDC are hereby determined by this Board to be
consistent with and to implement the Collier County Growth Management Plan as required by Subsections
163.3194 (1) and 163.3202 (1), Florida Statutes; and
WHEREAS, all applicable substantive and procedural requirements of the law have been met.
NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier
County, Florida, that:
1 of 5
Words ~*-'~" *~' ..... ~'
........... e,,, are deleted, words underlined are added.
NOW, THEREFORE BE IT ORDAINED by the Board of County
Commissioners of Collier County, Florida, that:
SECTION ONE: RECITALS
The foregoing recitals are true and correct and incorporated by reference herein as
if fully set forth.
SECTION TWO: FINDINGS OF FACT
The Board of County Commissioners of Collier County, Florida, hereby makes
the following findings of fact:
1. Collier County, pursuant to Sec. 163.3161, et seq., Fla. Stat., the Florida Local
Government Comprehensive Planning and Land Development Regulations Act
(hereinafter the "Act"), is required to prepare and adopt a Comprehensive Plan.
2. After adoption of the Comprehensive Plan, the Act and in particular Sec.
163-3202(1). Fla. Stat., mandates that Collier County adopt land development regulations
that are consistent with and implement the adopted comprehensive plan.
3. Sec. 163.3201, Fla. Stat., provides that it is the intent of the Act that the adoption
and enforcement by Collier County of land development regulations for the total
unincorporated area shall be based on; be related to, and be a means of implementation
for, the adopted Comprehensive Plan as required by the Act.
4. Sec. 163.3194(1)(b), Fla. Stat., requires that all land development regulations
enacted or amended by Collier County be consistent with the adopted Comprehensive
Plan, or element or portion thereof, and any land development regulations existing at the
time of adoption which are not consistent with the adopted Comprehensive Plan, or
element or portion thereof, shall be amended so as to be consistent.
5. Sec. 163.3202(3), Fla. Stat., states that the Act shall be construed to encourage the
use of innovative land development regulations.
6. On January 10, 1989, Collier County adopted the Collier County Growth
Management Plan (hereinaRer the "Growth Management Plan" or "GIMP") as its
Comprehensive Plan pursuant to the requirements of Sec. 1634.3161 et seq. Fla. Stat.,
and Rule 9J-5, F.A.C.
7. Sec. 163.3194(1)(a), Fla. Stat., mandates that after a Comprehensive Plan, or
element or portion thereof, has been adopted in conformity with the Act, all development
undertaken by, and all actions taken in regard to development orders by, governmental
agencies in regard to land covered by such Comprehensive Plan or element or portion
thereof shall be consistent with such Comprehensive Plan or element or portion thereof.
8. Pursuant to Sec. 163.3194(3)(a), Fla. Stat., a development order or land
development regulation shall be consistent with the Comprehensive Plan if the land uses,
densities or intensities, in the Comprehensive Plan and if it meets all other criteria
enumerated by the local government.
9. Section 163.3194(3)(b). Fla. Stat., requires that a development approved or
undertaken by a local government shall be consistent with the Comprehensive Plan if the
land uses, densities or intensities, capacity or size, timing, and other aspects of
development are compatible with, and further the objectives, policies, land uses, densities
2 of 5
Words at:ack t?.roug~ are deleted, words underlined are added.
or intensities in the Comprehensive Plan and if it meets all other criteria enumerated by
the local government.
]0. On October 30, ]991, Collier County adopted the Collier County Land
Development Code, which became effective on November 13, 1991 and may be amended
twice annually.
11. Collier County finds that the Land Development Code is intended and necessary
to preserve and enhance the present advantages that exist in Collier County; encourage
the most appropriate use of land, water and resources, consistent with the public interest;
overcome present handicaps; and deal effectively with future problems that may result
from the use and development of land within the total unincorporated are of Collier
County and it is intended that this Land Development Code preserve, promote, protect,
and improve the public health, safety, comfort, good order, appearance, convenience, and
general welfare of Collier County; prevent the overcrowding of land and avoid the undue
concentration of population; facilitate the adequate and efficient provision of
transportation, water, sewerage schools, parks, recreational facilities, housing, and other
requirements and services, conserve, develop, utilize, and protect natural resources within
the jurisdiction of Collier County; and protect human, environmental, social, and
economic resources; and maintain through orderly growth and development, the character
and stability of present and future land uses and development in Collier County.
12. It is the intent of the Board of County Commissioners of Collier County to
implement the Land Development Code in accordance with the provisions of the Collier
County Comprehensive Plan, Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and
through these amendments to the Code.
SECTION THREE: AMENDMENTS TO THE LAND DEVELOPMENT CODE
SUBSECTION SA. AMENDMENTS TO DIVISION 2.2, ZONING DISTRICTS,
PERMITTED USES, CONDITIONAL USES,
DIMENSIONAL STANDARDS.
Division 2.2, Zoning Districts, Permitted Uses, Conditional Uses, Dimensional
Standards of the Collier County Land Development Code, Ordinance Number 91-102, as
amended, is hereby amended to read as follows:
Sec. 2.2.30. Declaration of partial moratorium for rural and agricultural area
assessment.
30 D Fo ~ ~.-:^.a ~^+ + ...... '~ +~'~ yea
2.2. .1 uration, r ,, v ...................... rs
x~, ou t¥~,,,t-_x~ ^~ · .... "" ~" cCertain land uses as set forth in
subsection 2.2.30.3 of the Code are prohibited in the respective Rural
Fringe Area and the Rural Land Lands Area, as these Areas are identified
in the future land use element (FLLTE) of the growth management plan,
until such time as the respective comprehensive plan amendments to
implement the final order of the Administration Commission in Case No.
99-02 (DOAH Case No. 98-0324GM) become legally effective in that
Area pursuant to subsection 163.3189(2), Florida Statutes so long as such
amendments do not require implementing land development regulations.
In the case of growth management plan amendments that specifically
require implementing land development regulations, the moratorium shall
remain in effect until the ordinance adopting such regulations is legally
effective.
2.2.30.3. Prohibited uses. The following uses are hereby prohibited ff, r a maximum
oo~tuelt~ in the Rural Fringe Area and the Rural Lands Area, as these
Areas are identified in the future land use element of the growth
3 of 5
Words '-'~" +s...... ~
s .......... ,,, are deleted, words underlined are added.
management plan, until such time as the respective growth management
plan amendments for each Area become effective. Upon the amendments
becoming effective for each Area described in the FLUE, this prohibition
on the following uses in that specified area shall expire; except that where
implementing land development regulations are specifically required for a
use, said use shall remain prohibited until the implementing land
development regulation(s) for said use becomes effective. For purposes of
this section and references in the growth management plan amendments,
the term "implementing land development regulations" or similar phrase
includes planned unit development or planned development zoning
ordinances.
Sec. 2.2.31. Declaration of partial moratorium for natural resource protection
areas (NRPAs~
2231 1 Duration
.............. ~ ......... , .... , oOn_ ce~ain land uses as specified in
subsection 2.2.31.3 of the Code shall be permitted in the natural resource
prote~ion areas ~As) within the respective Kural Fringe ~ea and the
Rural Land Lands ~ea, as these ~eas are identified in the ~ture land use
element ~L~) of the gro~h management plan, until such time as the
respective comprehensive plan amendments to implement the final order
of the Administration Commission in Case No. 99-02 (DO~ Case No.
98-0324GM) become legall~ effective in that ~ea pursuant to subsection
163.3189(2), Florida Statutes so long as such amendments do not require
implementing land development re~lations. In the case of gro~h
management plan amendments that specifically require implementing land
development re~lations, the morato~um shall remain in effect until the
ordinance adopting such re~lations is legally effective.
2.2.31.3 Permitted uses. The following uses shall be the only uses allowed in the
natural resource prote~ion areas ~ar~ng ...................... yea:
............. ~ .......... ~ ~ ................ the Rural Fringe ~ea and the
gural Lands ~ea, as these ~eas are identified in the ~ture land use
element of the gro~h management plan, until such time as the respe~ive
~o~h management plan amendments for each ~ea become effective.
Upon the amendments becoming effective for each ~ea described in the
FL~, this limitation on permitted uses in that sp~ified ~ea shall expire;
except that where implementing land development re~lations are
specifically required for a particular use~ said use shall remain subject to
the limitations in this section on pe~itted uses until the implementing
land development regulation(s) for said use becomes effective. For
pu~oses of this section and references in the gro~h management plan
amendments, the te~ "implementing land development re~lations" or
similar p~ase includes planned unit development or planned development
zoning ordinances.
SECTION FOUR: CONFLICT AND SEVERABILITY
In the event this Ordinance conflicts with any other Ordinance of Collier County
and other applicable law, the more restrictive shall apply. If any phrase or portion of the
Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such
4 of 5
Words ~*~'~v .u .....u
........... ~,,. are deleted, words underlined are added.
portion shall be deemed a separate, distinct and independent provision and such holding
shall not affect the validity of the remaining portion.
SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND
DEVELOPMENT CODE
The provisions of this Ordinance shall become and be made a part of the Land
Development Code of Collier County, Florida. The sections of the Ordinance may be
renumbered or re-lettered to accomplish such, and the word "ordinance' may be changed
to "section," article," or any other appropriate word.
SECTION SIX: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of' County Commissioners of
Collier County, this/_~__~ay of ~ ,2002.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,, FLOP-d]J)A
~;~$t '$ to Chatrll~l~'$ BY: /f-'2
~ ,,',, ,~ ~,. · JA_M~S N. COLETTA, CHAIRMAN
Approved 'AS to Form and Legal Sufficiency
Marjo~Je M. Student
Assistant County Attorney
5 of 5
Words -+-'~t' +~. ..... ~.
........... ~,. are deleted, words underlined are added.
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2002-30
Which was adopted by the Board of County Commissioners
on the 19th day of June, 2002, during Special Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 20th
day of June, 2002.
County
By: Ellie Hof fman,
Deputy Clerk